Council PKT 11-19-2013 RegularCITY OF
. Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 19, 2013
7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Update on Holiday Tree Lighting Event
b. Birth to Three Program
c. Sound Transit: Next Steps of FWLE and Long -Range Plan
d. Mayor's Emerging Issues
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record.
Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three
minutes, relate negatively to other individuals, or are otherwise inappropriate.
5. 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: November 5, 2013 Special and Regular Meetings... page 3
b. Resolution: Setting a Public Hearing Date for a Street Vacation of a Portion of South
337th Street ... page 13
c. 2014 Right -of -Way Landscape Maintenance - Bid Award ... page 22
d. 2013 -15 Commute Trip Reduction Program Implementation Agreement with King
County ... page 30
e. 2013 -14 Emergency Management Performance Grant Award ... page 35
f. Washington Traffic Safety Commission (WTSC) Grant for Overtime Funded DUI
Patrols ... page 69
g. Washington Traffic Safety Commission (WTSC) Grant for Overtime Funded DUI and
Seatbelt Patrols ... page 75
The Council may add items and take action on items not listed on the agenda.
6. PUBLIC HEARING
a. 2013 -14 Biennial Budget Adjustment / Property Tax Rate ... page 87
• Staff Presentation
• Public Comment
• Council Deliberation
7. COUNCIL BUSINESS
a. Lodging Tax Advisory Committee Appointments ... page 89
b. Appointment of Hearing Examiner... page 90
c. Resolution: Establishing a Protocol for Private Development of City Property—page 93
8. ORDINANCES
First Reading
a. CB# 634 2013 -14 Mid - Biennial Budget Adiustment ... page 97
An Ordinance of the City Council of the City of Federal Way, Washington, relating to
the Budgets and Finance revising the 2013 -14 Biennial Budget
b. CB# 635 2014 Property Tax Rate ... page 111
An Ordinance of the City Council of the City of Federal Way, Washington, fixing the
Property Tax amount for the year of 2014
c. CB# 636 Urban Agriculture Code Amendment... page 115
An Ordinance of the City of Federal Way, Washington, relating to urban agriculture;
amending FWRC 19.05.010, 19.05.030, 19.05.060, 19.05.160, 19.05.210, 19.140.120,
and adding new sections to FWRC chapters 19.195, 19.200, 19.205, 19.210, 19.215,
19.220, 19.225, 19.230, 19.235, 19.240, and adding a new chapter to FWRC Division
Vll "Supplemental Zoning Regulations"
d. CB# 637 Code Update to Incorporate State Law ... page 167
An Ordinance of the City of Federal Way, Washington, relating to failure to register as
a Sex Offender or Kidnapping Offender, amending FWRC 6.75. 010
9. COUNCIL REPORTS
10. MAYORS REPORT
11. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
COUNCIL MEETING DATE: November 19, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: r
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes of the November 5, 2013 Special and
Regular City Council Meetings?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
0 Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Human Resources
Attachments:
Draft minutes from the November 5, 2013 Special and Regular City Council Meetings.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: CM
Committee Council Initial
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
slam
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL 'MEETING
Council Chambers - City Hall
November 5, 2013
5:30 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 5:31 p.m.
City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly
Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember
Bob Celski, Councilmember Diana Noble - Gulliford and Councilmember Dini Duclos.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. EXECUTIVE SESSION
The Mayor, Council and City Attorney adjourned to Executive Session at 5:31 p.m. to discuss
Potential Litigation Pursuant to RCW 42.30.110(1)(i) for approximately thirty minutes. They
adjourned from Executive Session at 6:00 p.m.
3. ADJOURNMENT
The meeting was adjourned at 6:00 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — November S, 2013 Special Meeting Page I of 1
CITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 5, 2013
6:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 6:05 p.m.
City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly
Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember
Bob Celski, Councilmember Diana Noble- Gulliford and Councilmember Dini Duclos.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Two members of Boy Scout Troop #725 led the Pledge of Allegiance.
Motion: Councilmember Celski moved to amend the agenda to add a one -year
moratorium on marijuana collective gardens and other activities involved in the sale,
manufacturing, or distribution of marijuana; setting a date for a Public Hearing; and
amending the Planning Commission Work Plan. Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble - Gulliford Yes
Councilmember Duclos Yes
Motion carried 7 -0.
Mayor Priest noted this item will be the first item under section 7. Ordinances.
As public facilities cannot be used for campaign purposes, CityAttorney Richardson reviewed
the guidelines regarding campaigns and ballot propositions as provided by the Public
Disclosure Commission.
City Council Minutes — November S, 2013 Regular Meeting Page 1 of 8
3. PRESENTATIONS
a. Proclamation: National American Indian Heritage Month
Councilmember Noble - Gulliford stated the Puget Sound Region's history is profoundly
influenced byAmerican Indian tribes. Our vocabulary is sprinkled with words like Chinook
and potlatch, and our landscape is teeming with place names like Puyallup, Tumwater and
Nisqually. Prior to the 1900s, people from the Muckleshoot Tribe regularly visited the
Federal Way area to hunt, fish, and gather clams. Recognizing the roleAmerican Indians
have played in the region, and in Federal Way, is an important step in understanding our
history. Councilmember Noble- Gulliford read the proclamation into the record and
presented it to Val Ciampi, an officer of the Lakota Chapter of the Daughters of the
American Revolution. Ms. Ciampi thanked the Council.
b. Proclamation: Pancreatic Cancer Awareness Month
Councilmember Burbidge stated pancreatic cancer strikes thousands of Americans every
year, often with devastating consequences. Yet, it is a disease that doesn't receive much
public attention. As we've learned from the battles against other forms of cancer,
increased awareness and attention is a key to improving detection, treatment, and
ultimately survival. Councilmember Burbidge read the proclamation into the record and
presented it to Federal Way residents Tom and Ann Hagensen. Ms. Hagensen thanked
the Council and spoke to the importance of both the proclamation and the recognition of
the seriousness of this disease. Mayor Priest committed to provide a copy of the
proclamation to Congressman Adam Smith.
c. Certificate of Recognition: Lamar Neagle
Councilmember Maloney announced the Mayor and Council are pleased to recognize
Lamar Neagle, a Federal Way native and Seattle Sounder player. Most everyone in
Federal Way is familiar with Lamar's achievements on the soccer field, where he has
scored 8 goals in 30 appearances this year, helping lead the team to its 5th straight playoff
appearance. As a professional athlete, he is committed to using his status to help his
hometown and be a role model and helping hand for young people. Councilmember
Maloney noted when she worked with the Chamber of Commerce and the City to develop
the "Think Federal Way" campaign, Lamar agreed to help promote his hometown by
appearing in a commercial and ad campaign. He has also supported the boys and girls
soccer teams at his alma mater; Thomas Jefferson High School. Lamar established the
Neagle Foundation to support youth in athletics and academics throughout the Seattle
area. He helped raise $7,000 for America Scores Seattle, Boys & Girls Club of Bellevue
and King County, Special Olympics Washington, Washington Global Health Alliance and
Washington Youth Soccer. He also worked with America SCORES Seattle, donating
soccer clinics and helping to raise awareness for their 60 -60 -60 Campaign to promote
literacy and community involvement for youth from under - served communities. Last week,
in recognition of his tremendous commitment to the community, the Sounders named him
the team's Humanitarian of the Year. Councilmember Maloney presented Mr. Neagle with
a certificate of recognition for his community work. Mr. Neagle thanked the Council for the
recognition and stated he feels it is important to give back to his community.
d. Mayor's Emerginq Issues
There were no emerging issues.
4. CITIZEN COMMENT
Joann Piquette provided a report on the recent activities of the Federal Way Coalition of the
Performing Arts. The Coalition has been conducting fundraising events and the grant writing
committee recently completed three grant applications. The coalition is hosting a
City Council Minutes — November 5, 2013 Regular Meeting Page 2 of 8
fundraiser /concert November 23rd and they are continuing to provide public presentations with
various community service groups.
Norma Blanchard stated the Mayor previously remarked that the PACC would fail if it was put
to a vote of the citizens. Also, she believes comments provided at the beginning of the
meeting concerning the use of public facilities and campaigns should no longer be made as
she believes the Mayor did not previously abide by them.
5. 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: October 15, 2013 Special and Regular Meetings, and October 29, 2013 Special
Meeting
b. Vouchers
c. Monthly Financial Report
Pulled from Consent Agenda
e. Community Center Splash Cafe Operations
f. Amend the NSP3 Grant for Acquisition and Repair of Greater West Way Homes
Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through 5.f.
Councilmember Duclos second.
Councilmember Burbidge pulled item 5.d Fall 2013 Tourism Enhancement Grant Applications.
Vote: On items 5a, 5b, 5c, 5e and 5f.
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
5.d. Fall 2013 Tourism Enhancement Grant Applications
Councilmember Burbidge reported that she would recuse herself from voting on this item due
to a conflict of interest. Councilmember Honda stated she is able to vote on this item as she
no longer serves as a board member of the Federal Way Farmers Market. (The Agenda Bill
contained a scrivener's error regarding the Tourism Enhancement Grant award for the King
Aquatic Club, erroneously implying that the Lodging Tax Advisory Committee had
recommended a $5,000 award, while no ($0) award was recommended, as confirmed by
LTAC members and staff present at the 10116113 meeting and the corresponding draft
minutes. This error is additionally corroborated by the fact that the total of all TEG awards
shown at the bottom of the TEG award table is a figure that does not include the erroneous
$5,000 award.)
Motion: Councilmember Honda moved to award the Fall 2013 Tourism Enhancement
Grant Applications as recommended. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
City Council Minutes — November S, 2013 Regular Meeting Page 3 of 8
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Recused
Councilmember Celski Yes
Councilmember Noble - Gulliford Yes
Councilmember Duclos Yes
Motion carried 6 -0. Councilmember Burbidge recused.
6. COUNCIL BUSINESS
a. Police Lieutenants' Collective Bargaining Agreement
City Attorney Pat Richardson reported the lieutenants have ratified the proposed Collective
Bargaining Agreement. The agreement includes comparable benefits to the Guild such as
increased holiday hours; a portion of sick leave to be paid into LEOFF II upon retirement;
a wage increase based upon a differential between lieutenant and police officer wages
and a change of their health care plan to Group Health. If approved, the agreement will
be effective until the end of 2014.
Motion: Deputy Mayor Ferrell moved approval of the Police Lieutenants' Collective
Bargaining Agreement. Councilmember Duclos second.
Vote:
Yes
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
b. Resolution: Establishina a Self- Insured Medical and Prescription Benefit Proqram
City Attorney Pat Richardson stated the primary concern with self - insuring is solvency. The
State requires a sufficient amount in reserves; plan funding and reserve liability
calculations to be performed annually by an actuary, and a claim audit every three years.
Based on the actuary report the recommendation is to pre -fund $315K in 2014. This
provides a buffer if first year claims exceed the projected amount. It also helps the plan
reach a target reserve goal and reduces projected increases for 2015 -16. The City would
purchase stop -loss insurance to reduce liability for large claims and overall claims that
exceed the expected amounts. The City has implemented a Wellness Program and
encourages participation from employees and their dependents. Group Health would
continue to provide healthcare services to employees and their dependents. Shifting to
self- insured status provides plan flexibility to avoid the 2018 Cadillac Tax associated with
the Affordable Care Act.
Motion: Deputy Mayor Ferrell moved approval of the Resolution establishing a self -
insured medical and prescription benefit program. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
City Council Minutes — November S, 2013 Regular Meeting Page 4 of 8
Councilmember Noble - Gulliford Yes
Councilmember Duclos Yes
Motion carried 7 -0. Resolution 13 -650
c. Cancelation of the December 17, 2013 Regular City Council Meeting
Motion: Deputy Mayor Ferrell moved to suspend Council Rule 2.1 for the purpose of
cancelling the December 17, 2013 Regular City Council Meeting. Councilmember
Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
Councilmember Celski
7. ORDINANCES
First Reading and Enactment — Added Item
Motion: Councilmember Celski moved to suspend Council Rule 2.2(8) to allow
for first reading and enactment
of the proposed moratorium ordinance.
Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
CB# 633 A one -vear moratorium on mariivana collective gardens and other activities
involved in the sale, manufacturing, or distribution of marijuana; setting a date for a
public hearina: and amendina the Plannina Commission Work Plan.
An Ordinance of the City of Federal Way, Washington, imposing a one -year moratorium on
marijuana collective gardens and other activities involved in the sale, manufacturing, or
distribution of marijuana; setting a date for a public hearing, and amending the Planning
Commission Work Plan.
Assistant City Attorney Peter Beckwith stated a moratorium is authorized by state law.
The proposed one -year timeframe would provide an opportunity to thoughtfully
address the issues associated with collective gardens and other activities related to
marijuana without taking a stance for or against the issue at this time. Mr. Beckwith
anticipates medical marijuana laws may be amended in the 2014 Legislative Session.
Mr. Beckwith spoke about a lawsuit currently in the State Supreme Court involving the
City of Kent's ban of medical marijuana collective gardens.
City Council Minutes — November 5, 2013 Regular Meeting Page 5 of 8
The Liquor Board will begin accepting applications on November 18th and anticipates
issuing licenses in the spring of 2014. If the Council approves the moratorium, a public
hearing on this item will be held December 3ra
Councilmember Noble - Gulliford asked Mr. Beckwith about conflicting marijuana
laws /moratoriums between neighboring cities. Mr. Beckwith replied one of the benefits
of the one -year moratorium would be to better understand the ramifications of how the
issue is regulated in our neighboring cities.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved approval and adoption of the one year
moratorium on marijuana collective gardens and other activities involved in the
sale, manufacturing, or distribution of marijuana; setting a date for a public
hearing; and amending the Planning Commission Work Plan. Councilmember
Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
Ordinance 13 -749
Second Reading
a. CB# 631 Amendments to Federal Wav Revised Code (FWRC) Chapter
19.115.020. "Community Desian Guidelines. Administration"
An ordinance of the City of Federal Way, Washington, relating to an amendment to the
Administration Section FWRC 19.115.020 of the Federal Way Zoning and Development.
(Amending Ordinances 09 -604, 07 -554, 06 -515, 03 -443, 01 -382, 99 -333, 97 -291 and 96-
271)
At their October 15th meeting the Council received a presentation on this item and
forwarded the ordinance to this meeting for second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved adoption and enactment of the
amendments to Federal Way Revised Code Chapter 19.115.020 "Community
Design Guidelines, Administration." Councilmember Duclos second.
Vote:
Deputy 'Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0. Ordinance 13 -750
City Council Minutes — November S, 2013 Regular Meeting Page 6 of 8
b. CB# 632 Steel Lake — Lake Management District Time of Payment
An ordinance of the City of Federal Way, Washington, establishing the time of payment,
interest, and penalties to be imposed on delinquent Annual Special Assessments for the
Lake Management District No. 1 for Steel Lake, and amending Ordinance 13 -744 deleting
the automatic inflation increase.
At their October 15th meeting the Council received a presentation on this item and
forwarded the ordinance to this meeting for second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved adoption and enactment of the Steel
Lake Management District Time of Payment ordinance. Councilmember
Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0. Ordinance 13 -751
8. COUNCIL REPORTS
Councilmember Duclos did not provide a report.
Councilmember Noble - Gulliford expressed her appreciation for the Council recognizing Native
American History month and noted the Historical Society has a link on its website,
www.federalwayhistory. orq.
Councilmember Celski attended DaVita's grand opening a few weeks ago. DaVita employs
350 people and he is pleased to have them in the community.
Councilmember Burbidge reported the next Lodging Tax Advisory Committee meeting is
scheduled for November 20th. Sound Transit is hosting a meeting at the Federal Way
Community Center on November 13th focusing on their Long -Range Plan. The Federal Way
Symphony will be performing The Messiah on Sunday, November 17th
Deputy Mayor Ferrell attended the Chamber of Commerce's Auction Gala. He provided a
summary of King County Prosecuting Attorney Dan Satterberg's presentation at the recent
Good Eggs Breakfast meeting hosted by Peter von Reichbauer.
Councilmember Honda stated the next Parks, Recreation, Human Services and Public Safety
Council Committee Meeting will be November 12th. She announced the upcoming Veterans
Day Event entitled "Honoring Our Own," sponsored by the Historical Society and the Kiwanis
Club. The event will be held on November 11th at Todd Beamer High School staring at 6:00
pm.
Councilmember Maloney did not provide a report.
9. MAYOR'S REPORT
Mayor Priest provided no report.
City Council Minutes — November 5, 2013 Regular Meeting Page 7 of 8
10. EXECUTIVE SESSION
Dotootiol Litigation P Fs aRt to RGW 42 3n 11nip (4
The Council did not adjourn to Executive Session.
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 6:51 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — November S, 2013 Regular Meeting Page 8 of 8
COUNCIL MEETING DATE: November 19, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of South 337th Street
POLICY QUESTION: Should City Council approve a resolution to set a Public Hearing for the street vacation of a
portion of the right of way within S 337th Street on January fdo,'2014?
1
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 4, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: John Mulkey, P.E., Street Systems Project Engineer DEPT: Public Works 544o%
Attachments: Land Use and Transportation Committee memorandum (includes resolution and exhibits) dated
November 4, 2013.
Options Considered: ?P ft
1. Approval of the Resolution to set the date of a public hearing for the street vacation of a portion of the
right of way within S 337th Street at the January P, 2014 at 7:00 p.m.
2. Set Public Hearing on an alternative date recommended by the committee.
3. Do not Approval of the Resolution to fix the date and time of the public hearing and provide direction to
staff.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 19, 2013 City Council
Consent Agenda for approval.
MAYOR APPROVAL: � DIRECTOR APPROVAL: &1*11—
Comm a
CoUnLAI Committee
COMMITTEE RECOMMENDATION: Forward Option 1 to the November 19, 2013 City Council Consent Agenda for
approval.
Burbidge, Member
d4�)744 9 -9
Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION: "I move to approve the Resolution to set the date of a public hearing for the
street vacation of a portion of the right of way within S 332 h Street at the January /, 2014 at 7:00 p.m. "
BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 02/06/2006
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 4, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor �w�
Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management V*"
FROM: John Mulkey, P.E., Street Systems Project Engineer jeGw►
SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of S 337th Street
BACKGROUND:
Steve & Cathy Lindula have petitioned the City to vacate a portion of S 337th Street, located on
the north side of S 337th Street west of 33' Place S. See the accompanying legal description
(Exhibit "A "), map of the area to be vacated (Exhibit `B ") and Vicinity Map for exact location. The area
is a ten -foot wide portion of unused Right -of -Way along S 337th Street adjacent to Mr. & Mrs.
Lindula's property. The area proposed for vacation is 10 feet wide and varies from 34.55 to
41.76 feet in lenfh. The existing Right -of -Way in this area is 80 feet wide, and this width
extends from 33` Place S to 30th Avenue S. The current alignment of S 337th Street is in the
proposed remaining 70 -foot wide portion of the Right -of -Way. Mr. & Mrs. Lindula's property is
zoned Residential RS9.6. The area is listed as single family, High Density in the Comprehensive
Plan. The planned street section for S 337th Street, is Section "W" (attached) in the City
Development Standards, which calls for a 52 -foot Right -of -Way. Petitioner is seeking the street
vacation in order to correct an existing encroachment of a garage into the front property line set
back. The area to be vacated has one (1) abutting private property owner. The sole property
owner has signed the petition.
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington, regarding vacation of a portion of South 337th Street,
setting a Public Hearing for the Street Vacation.
WHEREAS, a proper petition has been filed requesting vacation of a portion of South
337th Street, west of 33rd Place South, in the City of Federal Way, as described in Exhibit "A" (legal
description) and as depicted on Exhibit `B" attached hereto; and
WHEREAS, the petition contains the signatures of the owners of at least two- thirds of
the property abutting the portion of South 337th Street, west of 33rd Place South proposed to be
vacated;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. A public hearing on the aforesaid vacation petition shall be held at the regular
meeting of the Federal Way City Council at 7:00 p.m. on January 7, 2014, in the Council Chambers
in the City Hall, 33325 8th Avenue South, Federal Way, Washington. Said hearing date is not more
than sixty (60) nor less than twenty (20) days after the date of the passage of this resolution.
Section 2. The City Clerk shall give at least twenty (20) days notice of the hearing and cause
the notice to be posted as provided by law.
Section 3. The Public Works Director shall obtain the necessary approval or rejection of, or
other information from the City departments, affected agencies, and utilities, fire and police agencies,
and shall transmit such information to the City Council so that the matter can be considered by the
City Council at the public hearing on January 7, 2014.
Resolution No. 13- Page 1 of 3
Rev 1 /10
Section 4. Severabilitv. 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 , 20_.
Resolution No. 13- Page 2 of 3
Rev 1/10
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 13- Page 3 of 3
Rev 1/10
EXHIBIT A
That portion of the Northerly 40 foot R/W of S. 337`h Street (Washington Avenue),
in the Northeast quarter of the Northeast quarter of Section 21, Township 21 North,
Range 04 East, W. M., King County, Washington, more particularly described as
follows:
Commencing at the Southwest corner of Lot 1, Plat of Louise's North Lake Tracts,
as recorded in Volume 40 of Plats, Page 23, records of King County Washington,
the True Point of Beginning;
Thence N 89 °50'20" E, along the Southerly boundary thereof, a distance of 41.76
feet, to the Northwesterly 30 foot R/W margin of 33rd Place S. (Co. Rd. No. 2612);
Thence S 35 °37'20" W, along the extended Northwesterly 30 foot R/W margin of
33rd Place S., a distance of 12.33 feet;
Thence S 89 °50'20" W, a distance of 34.55 feet;
Thence N 0 °09'40" W, a distance of 10.00 feet, to the True Point of Beginning.
Containing 382 square feet, more or less.
EXHIBIT B
NE 1/4, NE 1/4, Section 21, T 21 N, R 04 E, WM
King County, Washington
0 20 40
SCALE: 1" = 20'
-r j
I
I
LOT 2 1 LOT 1
TRUE POINT OF
BEGINNING
N89 °50'30 "E
O
IV.
N A4. LLO q AA's
0
0
0
w
rnl
0
o)
0
0
M
41.76'
AREA VACATED (382 SF)
34.55'
S89 °50'20 "W
N89 050'20 "E 49.91'
C/L S. 337th STREET
RAM SURVEYING
& MAPPINGS LLC
13110 111th Ave NE
Kirkland, WA 98034
Phone: (206) 612 -7633
Email: rmature @ramsm.com
Website: http: / /www.ramsm.com
b
14 `� \'O
i
C' z
o� QS
'Poo ��a
w
Map Date: 5/13/13
City of S 337th Street Vicinty Map 3ityofFederal Say
Federal Way, 98003
Federal Way Ri g ht of Wa y Vacation (P) 253- 835 -7000
(W) www.cityoffederalway.com
AIL CITY or I I IIS IIIdP IJ II IICI IUCu WI uJG
Federal Way 0 0.5 1 as a graphical representation.
Y Mile The City of Federal Way makes N
no warranty as to its accuracy.
CROSS SECTION TYPE W
1 LAN E
+ PARKING
it
3' 5, 4,* 8' 12' 8, 4,* 5, 3'
Util. Se v Parking Parking v se Util.
9.
Strip Strip
28'
52'
MINIMUM PAVEMENT SECTION
LOCAL
0.25' HMA CL kz ", PG 64 -22
0.17' CSTC
0.42' CSBC
NOTES:
• PLANTER STRIP DIMENSION IS MEASURED FROM THE SIDEWALK TO THE FACE OF CURB.
weir: FEBwunwr soon
DWG. NO.
►op PUBLIC LOCAL
WORKS 3 -2W
COUNCIL MEETING DATE: November 19, 2013 ITEM #: -ali
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2014 Right of Way Landscape Maintenance Contract — Bid Award
POLICY QUESTION: Should the City Council award the 2014 Right of Way Landscape Maintenance Contract to the
lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 4, 2013
CATEGORY:
R Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Marwan
P. E., Deputy Public Works Director
Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated November 4, 2013 and the 2014
Right of Way Landscape Maintenance Contract Bid Tabulation
ions Considered:
1. Award the Right of Way Landscape Maintenance Contract to Total Landscape Corporation, the lowest
responsive, responsible bidder in the amount of $184,727.45 and authorize the Mayor to execute the
contract.
2. Reject all bids for the Right of Way Landscape Maintenance Contract and direct staff to rebid the project
and return to Council for further action.
MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1.
MAYOR APPROVAL: 12910 DIRECTOR APPROVAL:
tomnit#e Co it trommittee
COMMITTEE RECOMMENDATION: Forward Option 1 to the November 19, 2013 City Council Consent Agenda
for approval.
01� 04 U 714 0 YA d-
Diana Noble - Gulliford Member
PROPOSED COUNCIL MOTION: "I (5 ve to award the Right of Way Landscape Maintenance Contract to Total
Landscape Corporation the lowest responsive, responsible bidder in the amount of $184,727.45 and authorize
the Mayor to execute the contract. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
IST reading
❑
TABLED /DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 02/06/2006
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 4, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works an mergency Management &Z`j�
Marwan Salloum, P.E., Deputy Public Works Director
SUBJECT: 2014 Right of Way Landscaping Maintenance Contract — Bid Award
BACKGROUND:
Three bids were received and opened on October 22, 2013 for the 2014 Right of Way Landscaping Maintenance
Contract. The total bids for this contract are as follows:
Company Bid Amount
Total Landscape Corporation $184,727.45
TruGreen Landscape, LLC $187,666.74
Osaka Gardens Service, Inc. $192,658.52
Available 2014 Budget Amount $211,500.00
Reference checks on Total Landscape Corporation by City staff indicate that the contractor has performed similar
work. As a result, City staff believes Total Landscape Corporation, can successfully complete this project to the
City's satisfaction. Therefore, the lowest responsive, responsible bidder is Total Landscape Corporation in the
amount of $184,727.45.
2014 ROW Landscape Maintenance
RFB No. 13 -110
Bid Tabulation
Bid 2
Bid 3
Vendor Name - - ->
TruGreen Landcare, LLC
Tom Osaka Garden Svc. Inc.
Location ----- - - - - ->
Lakewood, WA
Federal Wa WA
Month
Quantity
Price
Total
Price
Total
Project #1 S 286th St - I -5 to SR 99
January
0
$0.00
$0.00
$0.00
$0.00
February
3
$37.64
$112.92
$41.20
$123.60
March
8
$37.64
$301.12
$41.20
$329.60
April
10
$37.64
$376.40
$41.20
$412.00
May
14
$37.64
$526.96
$41.20
$576.80
June
12
$37.64
$451.68
$41.20
$494.40
July
13
$37.64
$489.32
$41.20
$535.60
August
12
$37.64
$451.68
$41.20
$494.40
September
12
$37.64
$451.68
$41.20
$494.40
October
6
$37.64
$225.84
$41.20
$247.20
November
5
$37.64
$188.20
$41.20
$206.00
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 1
Project #2 S 312th St - SR 99 to 1 st Ave S
January
0
$0.00
$0.00
$0.00
$0.00
February
3
$31.50
$94.50
$31.00
$93.00
March
8
$31.50
$252.00
$31.00
$248.00
A it
10
$31.50
$315.00
$31.00
$310.
Ma
14
$31.50
$441.00
$31.00
$434.00
une
12
$31.50
$378.00
$31.00
$372.00
Ju
13
$31.50
$409.50
$31.00
$403.00
Au ust
12
$31.50
$378.00
$31.00
$372.00
Se tember
12
$31.50
$378.00
$31.00
$372.00
October
7
$31.50
$220.50
$31.00
$217.00
November
5
$31.50
$157.50
$31.00
$155.00
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 2
Project #3 S 312th St - SR 99 to 23 Ave S
January
1
$77.83
$77.83
$20.60
$20.60
February
1
$77.83
$77.83
$20.60
$20.60
March
3
$77.83
$233.49
$20.60
$61.80
April
4
$77.83
$311.32
$20.60
$82.40
May
4
$77.83
$311.32
$20.60
$82.40
June
4
$77.83
$311.32
$20.60
$82.
July
4
$77.83
$311.32
$20.60
$82.40
August
3
$77.83
$233.49
$20.60
$61.80
September
3
$77.83
$233.49
$20.60
$61.80
October
3
$77.83
$233.49
$20.60
$61.80
November
4
$77.83
$311.32
$20.60
$82.40
December
1
$77.83
$77.83
$20.60
$20.6
Subtotal Project 3
Project #4 SW 320th St -11 PI S to 47 Ave S
January
0
$0.00
$0.00
$0.00
$0.
February
3
$168.00
$504.00
$118.45
$355.35
March
8
$168.00
$1,344.00
$118.45
$947.60
April
11
14
$168.00
$168.00
$1,848.00
$2,352.00
$118.45
$118.45
$1,302.95
$1,658.30
May
June
13
$168.00
$2,184.00
$118.45
$1,539.85
July
14
$168.00
$2,352.00
$118.45
$1,658.30
August
13
$168.00
$2,184.00
$118.45
$1,539.85
September
12
$168.00
$2,016.00
$118.45
$1,421.40
October
8
$168.00
$1,344.00
$118.45
$947.60
November
6
$168.00
$1,008.00
$118.45
$710.70
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 4
Project #5 S 320th St - 11 th PI S to 1 -5
January
1
$116.57
$116.57
$103.00
$103.00
February
1
$116.57
$116.57
$103.00
$103.00
March
3
4
$116.57
$116.57
$349.71
$466.28
$103.00
$103.00
$309.00
$412.00
April
May
4
$116.57
$466.28
$103.00
$412.00
June
4
$116.57
$466.28
$103.00
$412.00
July
4
$116.57
$466.28
$103.00
$412.00
August
3
$116.57
$349.71
$103.00
$309.00
September
3
$116.57
$349.71
$103.00
$309.00
October
3
$116.57
$349.71
$103.00
$309.00
November
4
$116.57
$466.28
$103.00
$412.00
December
1
$116.57
$116.57
$103.00
$103.00
Subtotal Pro ct 5
2014 ROW Landscape Maintenance
RFB No. 13 -110
Bid Tabulation
Vendor Name -•>
Location >
Bid 2
TruGreen Landcare, LLC
Lakewood WA
Bid 3
Tom Osaka Garden Svc. Inc.
Federal WEjj, WA
Month
Project #6 S 320th St -1 -5 to Weyerhaeuser
Quantity
Price
Total
Price
Total
January
0
3
7
10
13
12
13
12
12
9
5
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$41.75
$0.00
$125.25
$292.25
$417.50
$542.75
$501.00
$542.75
$501.00
$501.00
$375.75
$208.75
$0.00
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$25.75
$0.00
$77.25
$180.25
$257.50
$334.75
$309.00
$334.75
$309.00
$309.00
$231.75
$128.75
February
March
April
May
une
July
August
September
October
November
December
0
1
1
3
4
4
4
4
3
3
3
4
1
$0.00
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$74.40
$0.00
$74.40
$74.40
$223.20
$297.60
$297.60
$297.60
$297.60
$223.20
$223.20
$223.20
$297.60
$74.40
$0.00
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$20.60
$0.00
$20.60
$20.60
$61.80
$82.40
$82.40
$82.40
$82.40
$61.80
$61.80
$61.80
$82.40
$20.60
Subtotal Project 6
Project #7 S 324th St -11 PI S to 18 Ave S
January
February
March
April
May
June
July
August
September
October
November
December
Subtotal Project 7
Project #8 S 336th St -1 -5 to 1st Ave S
January
0
5
10
14
17
17
17
16
15
11
9
$0.00
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$32.79
$0.00
$163.95
$327.90
$459.06
$557.43
$557.43
$557.43
$524.64
$491.85
$360.69
$295.11
$0.00
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$41.20
$0.00
$0.00
$206.00
$412.00
$576.80
$700.40
$700.40
$700.40
$659.20
$618.00
$453.20
$370.80
$0.00
February
March
April
May
June
Jul
August
September
October
November
December
0
0
0
3
4
5
4
5
3
4
3
5
0
$0.00
$0.00
$0.00
$65.67
$65.67
$65.67
$65.67
$65.67
$65.67
$65.67
$65.67
$65.67
$0.00
$0.00
$0.00
$0.00
$197.01
$262.68
$328.35
$262.68
$328.35
$197.01
$262.68
$197.01
$328.35
$0.00
Subtotal Project 8
$0.00
$0.00
$10.30
$10.30
$10.30
$10.30
$10.30
$10.30
$10.30
$10.30
$10.30
$0.00
$0.00
$0.00
$30.90
$41.20
$51.50
$41.20
$51.50
$30.90
$41.20
$30.90
$51.50
$0.00
Pro ect#9 S 342nd St Libra Lane
January
February
March
April
May
June
July
August
September
October
November
December
Subtotal Project 9
Project #10 S 348th St -16 Ave S to Hoyt
Ta-nuary
0
5
10
14
17
17
17
16
15
11
9
0
$0.00
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$64.21
$0.00
$0.00
$321.05
$642.10
$898.94
$1,091.57
$1,091.57
$1,091.57
$1,027.36
$963.15
$706.31
$577.89
$0.00
$0.00
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$164.80
$0.00
$0.00
$824.00
$1,648.00
$2,307.20
$2,801.60
$2,801.60
$2,801.60
$2,636.80
$2,472.00
$1,812.80
$1,483.20
$0.00
February
March
April
May
June
July
August
September
October
November
December
Subtotal Project 10
2014 ROW Landscape Maintenance
RFB No. 13 -110
Bid Tabulation
oln nocwur_ nerc n.d k- 99 9n14
Bid 2
Bid 3
Vendor Name ->
TruGreen Landcare, LLC
Tom Osaka Garden Svc. Inc.
Location - - - ->
Lakewood, WA
Federal
Month
Quantity
Price
Total
Price
Total
Pro ect #11 SW 356th St -1st Ave S to 21st SW
January
0
3
$0.00
$61.22
$0.00
$183.66
$0.00
$20.60
$0.00
$61.80
February
March
8
10
14
$61.22
$61.22
$61.22
$489.76
$612.20
$857.08
$20.60
$20.60
$20.60
$164.80
$206.00
$288.40
April
May
June
12
$61.22
$734.64
$20.60
$247.20
July
14
12
12
7
$61.22
$61.22
$61.22
$61.22
$857.08
$734.64
$734.64
$428.54
$20.60
$20.60
$20.60
$20.60
$288.40
$247.20
$247.20
$144.20
Au oust
September
October
November
6
$61.22
$367.32
$20.60
$0.00
$123.60
$0.00
December
0
$0.00
$0.00
Subtotal Pro ect 11
Project #12 23rd Ave S - S 316 to S 324
1
$106.29
$106.29
$20.60
$20.60
January
February
1
$106.29
$106.29
$20.60
$20.60
March
3
$106.29
$318.87
$20.60
$61.80
April
4
$106429
$425.16
$20.60
$82.40
May
4
4
4
$106.29
$106.29
$106.29
$425.16
$425.16
$425.16
$20.60
$20.60
$20.60
$82.40
$82.40
$82.40
June
Jul
August
3
3
$106.29
$106.29
$318.87
$318.87
$20.60
$20.60
$61.80
$61.80
September
October
3
$106.29
$318.87
$20.60
$61.80
November
4
$106.29
$425.16
$20.60
$20.60
$82.40
$20.60
December
1
$106.29
$106.29
Subtotal Pro' ct 12
Project #13 16th Ave S /Ench P - SR 99 to S 356
1
$60.84
$60.84
$20.60
$20.60
January
February
4
$60.84
$243.36
$20.60
$82.40
March
9
11
$60.84
$60.84
$547.56
$669.24
$20.60
$20.60
$185.40
$226.60
April
May
14
$60.84
$851.76
$20.60
$288.40
June
14
14
$60.84
$60.84
$851.76
$851.76
$20.60
$20.60
$288.40
$288.40
July
August
13
$60.84
$790.92
$20.60
$267.80
September
13
$60.84
$790.92
$20.60
$267.80
October
11
$60.84
$669.24
$20.60
$226460
November
9
$60.84
$547.56
$20.60
$20.60
$185.40
$20.60
December
1
$60.84
$60.84
Subtotal Pra ect 13
-Project #14 SR -99 - S 272 to S 283
January
0
7
$0.00
$59.69
$0.00
$417.83
$92.70
$92470
$0.00
$648.90
February
March
8
11
$59.69
$59.69
$477.52
$656.59
$92.70
$92.70
$741.60
$1,019.70
April
May
15
$59.69
$895.35
$92.70
$1,390.50
June
13
14
$59.69
$59.69
$775.97
$835.66
$92.70
$92.70
$1,205.10
$1,297.80
July
August
14
$59.69
$835.66
$92.70
$1,297.80
September
13
$59.69
$775.97
$92.70
$1,205.10
October
11
$59.69
$656.59
$92.70
$1,019.70
November
9
$59.69
$537.21
$92.70
$834.30
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Pro ect 14
Project #15 SR -99 - S 283 to 18 Ave S
0
$68.04
$0.00
$0.00
$0.00
January
February
7
8
$68.04
$68.04
$476.28
$544432
$128.75
$128.75
$901.25
$1,030.00
March
April
11
15
13
$68.04
$68.04
$68.04
$748.44
$1,020.60
$884452
$128.75
$128.75
$128.75
$1,416425
$1,931.25
$1,673.75
May
June
July
14
$68.04
$952.56
$128.75
$1,802.50
August
14
13
$68.04
$68.04
$952.56
$884.52
$128.75
$128.75
$1,802.50
$1,673.75
September
October
11
9
$68.04
$68.04
$748.44
$612.36
$128.75
$128.75
$1,416.25
$1,158.75
November
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 15
2014 ROW Landscape Maintenance
RIFE No. 13 -110
Bid Tabulation
Bid 2
Bid 3
Vendor Name - - ->
TruGreen Landcare, LLC
Tom Osaka Garden Svc. Inc.
Location - ->
Lakewood, WA
Federal Way, WA
Month
Quantity
Price
Total
Price
Total
Pro ect #16 SR -9918 Ave S to S 310
January
0
$0.00
$0.00
$0.00
$0.00
February
7
8
$51.55
$51.55
$360.85
$412.40
$128.75
$128.75
$901.25
$1,030.00
March
April
11
15
13
14
$51.55
$51.55
$51.55
$51.55
$567.05
$773.25
$670.15
$721.70
$128.75
$128.75
$128.75
$128.75
$1,416.25
$1,931.25
$1,673.75
$1,802.50
May
June
July
August
14
13
11
9
$51.55
$51.55
$51.55
$51.55
$721.70
$670.15
$567.05
$463.95
$128.75
$128.75
$128.75
$128.75
$1,802.50
$1,673.75
$1,416.25
$1,158.75
September
October
November
December
0
$51.55
$0.00
$0.00
$0.00
Subtotal Project 16
Project #17 SR-99 S 310 to S 324
January
1
7
$73.85
$73.85
$73.85
$516.95
$92.70
$92.70
$92.70
$648.90
February
March
8
$73.85
$590.80
$92.70
$741.60
April
11
15
13
$73.85
$73.85
$73.85
$812.35
$1,107.75
$960.05
$92.70
$92.70
$92.70
$1,019.70
$1,390.50
$1,205.10
May
June
July
14
14
$73.85
$73.85
$1,033.90
$1,033.90
$92.70
$92.70
$1,297.80
$1,297.80
August
September
13
11
9
$73.85
$73.85
$73.85
$960.05
$812.35
$664.65
$92.70
$92.70
$92.70
$1,205.10
$1,019.70
$834.30
October
November
December
1
$73.85
$73.85
$92.70
$92.70
Subtotal Project 17
Project #18 SR -99 - S 324 to S 340
anua
1
7
$105.08
$105.08
$105.08
$735.56
$128.75
$128.75
$128.75
$901.25
February
March
8
$105.08
$840.64
$128.75
$1,030.00
April
11
15
$105.08
$105.08
$1,155.88
$1,576.20
$128.75
$128.75
$1,416.25
$1,931.25
May
June
13
$105.08
$1,366.04
$128.75
$1,673.75
July
16
14
$105.08
$105.08
$1,681.28
$1,471.12
$128.75
$128.75
$2,080.00
$1,802.50
August
September
13
11
$105.08
$105.08
$1,366.04
$1,155.88
$128.75
$128.75
$1,673.75
$1,416.25
October
November
9
$105.08
$945.72
$128.75
$128.75
$1,158.75
$128.75
December
1
$105.08
$105.08
Subtotal Project 18
Project #19 SR -99 - S 348 to S 356
0
$0.00
$0.00
$0.00
$0.00
January
February
2
$74.68
$149.36
$30.00
$60.00
March
6
$74.68
$448.08
$30.00
$180.00
April
7
11
$74.68
$74.68
$522.76
$821.48
$30.00
$30.00
$210.00
$330.00
May
June
9
11
$74.68
$74.68
$672.12
$821.48
$30.00
$30.00
$270.00
$330.00
July
August
9
$74.68
$672.12
$30.00
$270.00
September
10
$74.68
$746.80
$30.00
$300.00
October
7
$74.68
$522.76
$30.00
$210.00
November
4
$74.68
$298.72
$30.00
$120.00
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 19
Project #20 1st Way S - S 356 to S 312
0
$0.00
$0.00
$0.00
$0.00
January
February
5
10
$85.56
$85.56
$427.80
$855.60
$144.20
$144.20
$721.00
$1,442.00
March
April
14
$85.56
$1,197.84
$144.20
$2,018.80
May
17
$85.56
$1,454.52
$144.20
$2,451.40
June
17
$85.56
$1,454.52
$144.20
$2,451.40
July
17
16
$85.56
$85.56
$1,454.52
$1,368.96
$144.20
$144.20
$2,451.40
$2,307.20
August
September
15
11
$85.56
$85.56
$1,283.40
$941.16
$144.20
$144.20
$2,163.00
$1,586.20
October
November
9
$85.56
$770.04
$144.20
$1,297.80
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 20
2014 ROW Landscape Maintenance
RFB No. 13 -110
Bid Tabulation
Bid 2
Bid 3
Vendor Name ->
TruGreen Landcare, LLC
Tom Osaka Garden Svc. Inc.
Location - - ->
Lakewood,
WA
Federal We . WA
Month
Quantity
Price
Total
Price
Total
Project #2121 st Ave SW - SW 356 to SW 312
January
0
$0.00
$0.00
$0.00
February
3
$120.91
$362.73
$144.20
$432.60
March
8
11
$120.91
$120.91
$967.28
$1,330.01
$144.20
$144.20
$1,153.60
$1,586.20
April
May
15
13
15
13
13
8
$120.91
$120.91
$120.91
$120.91
$120.91
$120.91
$1,813.65
$1,571.83
$1,813.65
$1,571.83
$1,571.83
$967.28
$144.20
$144.20
$144.20
$144.20
$144.20
$144.20
$2,163.00
$1,874.60
$2,163.00
$1,874.60
$1,874.60
$1,153.60
June
July
August
September
October
November
7
$120.91
$846.37
$144.20
$0.00
$1,009.40
$0.00
December
0
$0.00
$0.00
Subtotal Pro ect 21
Pro ect #22 21st Ave S - S 320 to S 316
1
1
$68.91
$68.91
$68.91
$68.91
$22.00
$22.00
$22.00
$22.00
January
February
March
3
4
4
$68.91
$68.91
$68.91
$206.73
$275.64
$275.64
$22.00
$22.00
$22.00
$66.00
$88.00
$88.00
April
May
June
4
4
$68.91
$68.91
$275.64
$275.64
$22.00
$22.00
$88.00
$88.00
Jul
August
3
3
$68.91
$68.91
$206.73
$206.73
$22.00
$22.00
$66.00
$66.00
September
October
3
4
$68.91
$68.91
$206.73
$275.64
$22.00
$22.00
$66.00
$88.00
November
December
1
$68.91
$68.91
$22.00
$22.00
Subtotal Project 22
Project #23 S 317th St - 28 Ave S & Roundabout
January
0
3
$0.00
$28.70
$0.00
$86.10
$0.00
$20.60
$0.00
$61.80
February
March
8
$28.70
$229.60
$20.60
$164.80
April
9
$28.70
$258.30
$20.60
$185.40
May
12
$28.70
$344.40
$20.60
$247.20
June
13
$28.70
$373.10
$20.60
$267.80
Jul
12
12
12
$28.70
$28.70
$28.70
$344.40
$344.40
$344.40
$20.60
$20.60
$20.60
$247.20
$247.20
$247.20
August
September
October
9
7
$28.70
$28.70
$258.30
$200.90
$20.60
$20.60
$185.40
$144.20
November
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 23
Project #24 S 333rd SUS 332nd St - Roundabout to 13 PI S
January
0
$0.00
$0.00
$0.00
$0.00
February
3
8
$81.90
$81.90
$245.70
$655.20
$20.60
$20.60
$61.80
$164.80
March
April
9
12
$81.90
$81.90
$737.10
$982.80
$20.60
$20.60
$185.40
$247.20
May
June
13
$81.90
$1,064.70
$20.60
$267.80
July
12
$81.90
$982.80
$20.60
$247.20
August
12
$81.90
$982.80
$20.60
$247.20
September
12
$81.90
$982.80
$20.60
$247.20
October
9
$81.90
$737.10
$20.60
$185.40
November
7
$81.90
$573.30
$20.60
$144.20
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Proect 24
Project #25 Roundabout - S 334th at 38th S
January
0
1
2
$0.00
$110.18
$110.18
$0.00
$110.18
$220.36
$0.00
$10.50
$10.50
$0.00
$10.50
$21.00
February
March
April
2
2
$110.18
$110.18
$220.36
$220.36
$10.50
$10.50
$21.00
$21.00
May
June
4
2
3
2
$110.18
$110.18
$110.18
$110.18
$440.72
$220.36
$330.54
$220.36
$10.50
$10.50
$10.50
$10.50
$42.00
$21.00
$31.50
$21.00
Jul
August
September
October
2
$110.18
$220.36
$10.50
$21.00
November
2
$110.18
$220.36
$10.50
$21.00
December
0
$0.00
$0.00
$0.00
$0.00
Subtotal Project 25
2014 ROW Landscape Maintenance
RFB No. 13 -110
Bid Tabulation
ones
Vendor Name ->
Location >
Bid 2
TruGreen Landcare, LLC
Lakewood, WA
Bid 3
Tom Osaka Garden Svc. Inc.
Federal Way, WA
Month
Pro ect #26 Irrigation System
Quantity
0
0
0
22
30
30
30
30
30
30
0
0
Price
$0.00
$0.00
$0.00
$36.04
$36.04
$36.04
$36.04
$36.04
$36.04
$36.04
$0.00
$0.00
Total
$0.00
$0.00
$0.00
$792.88
$1,081.20
$1,081.20
$1,081.20
$1,081.20
$1,081.20
$1,081.20
$0.00
$0.00
Price
Total
January
$0.00
$0.00
$0.00
$45.00
$15.14
$15.14
$15.14
$15.14
$15.14
$61.80
$0.00
$0.00
$0.00
$0.00
$0.00
$990.00
$454.20
$454.20
$454.20
$454.20
$454.20
$1,854.00
$0.00
$0.00
February
March
April
May
June
July
Au oust
September
October
November
December
Subtotal Pro ect 26
$683.77
$6,082.03
$11,967.50
$16,634.58
$21,416.46
$20,103.68
$21,199.27
$19,488.04
$18,809.44
$14,528.35
$11,588.26
$683.77
$428.85
$7,359.45
$12,406.35
$17,872.40
$22,370.10
$20,600.50
$21,983.75
$20,552.55
$19,542.05
$16,355.40
$12,043.60
$428.85
Monthly Totals
January
February
March
April
Ma
June
Jul
Au ust
September
October
November
December
Subtotal Monthly Work
200 Extra Hours of Maintenance Labor
Annual Costs Pro ects plus additional labor
Sales Tax at 9.5
Total Landcaoe
200
$41.00
$20.00
Total Landscape only entered extensions, no unit costs
Unit costs determined by dividing extensions by the quantity
Note bid amount project 16 unit costs rounded to nearest cent based on
extended amount which changed the toals for February, April, June, July, and
August resulting in a total increase to the protect cost of $0.07
COUNCIL MEETING DATE: November 191h, 2013
ITEM #:5<
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2013 -2015 Commute Trip Reduction (CTR) Program Implementation Agreement with King County
POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with King County for
CTR program implementation?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov 0, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Sarad Lon Senior Trans. Planning En ineer _DEPT: Public Works
....-_......_.._ ................_..._..._......_._......._......................_...................._._.. X_...................$ z..._._.._.._.._..........__.....__..._.............. .............._............_ - -- ..._........ g._......... -- ._..._................... -- - _......-- ... _ ..... _._ .... ...................... _ _...._..- -- -.....
Attachments: Memorandum to the Land Use and Transportation Committee dated November 0, 2013.
Exhibit A; Project Scope of Work
Options Considered:
1. Authorize the Mayor to execute Professional Services Contract with King County Metro Transit in the
amount of $33,646 for 2013 — 2015 CTR implementation.
2. Do not authorize the Mayor to enter into an agreement with King County and hire part-time (0.60 FTE) CTR
Coordinator. The City would need to identify and supplement additional budget on a yearly basis to cover
employee cost and program start up.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 19`h, 2013 City
Council Consent Agenda for approval.
MAYOR APPROVAL: J� -'_ DIRECTOR APPROVAL:
Committe Co it Committee
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 19th, 2013 consent agenda for
approval.
Bob Celsld, C it Jeanne Burbidge, MembW Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION: "dove approval and authorize the Mayor to enter into an agreement with
King County Metro Transit in the amount of $33, 646 for the 2013 — 2015 CTR program implementation. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1ST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 08/12/2010
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 4`h, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management
Sarady Long, Senior Transportation Planning Engineer.
SUBJECT: Commute Trip Reduction (CTR) Program Implementation Agreement with King County
BACKGROUND:
The City of Federal Way has 11 worksites affected by the Washington State's Commute Trip Reduction
(CTR) Law. The law requires major employers with one hundred (100) or more full -time employees
scheduled who arrive at a single worksite between 6:00 am to 9:00 am to develop plans and programs to
reduce drive alone commuting trips.
Over the last 15 years, the City has contracted with King County for their CTR support services to
implement the CTR program. The existing agreement with King County has expired and staff proposes
to enter into a new, two -year Professional Services Agreement. The work to be performed under this
agreement is described in the attached Exhibit A, Commute Trip Reduction Services Contract Scope of
Work - July 1, 2013 through June 30, 2015.
The proposed 2013 -2015 GTR Implementation Agreement with King County would be fully funded by
the state CTR technical assistance grant. For the July 1, 2013 through June 30, 2015 biennium, the
state capped technical assistance funding allocation to the City at $38,869.00. This agreement was
presented to the LUTC on August 5, 2013 and Council approval on September 3, 2013. The State CTR
grant would be sufficient to fund the 2013 -2015 Agreement with King County Metro, which is estimated
at $33,646.00. Please see attached Exhibit B for assumptions of the state grant and expenditures.
Staff believes this is a cost - effective way to implement the CTR program, as most cities have a full -time
CTR coordinator.
cc: Project File
Day File
i :'Tt2-aFPi C'.E'I It PS "i) r rt`:'UE3 ^L) StKtni County Contraci'd t.,W 11--7-13 201.3-2f, 1 ti OR ltnnlantente.floi Agreement with Ki_tg County.doe
City of Federal Way — Exhibit A
Commute Trip Reduction Services Contract
Scope of Work
Period: July 1, 2013, through June 30, 2015
King County will implement all elements of the City of Federal Way CTR workplan through the
following activities
Strategy 1: Train all new ETCs and new sites to ensure that they have an understanding of the
requirements of the law, implementation strategies and their site's performance to date.
Description:
• Consult with ETCs at new sites and with new ETCs at existing sites, conduct basic ETC
training quarterly, survey training as needed, update and maintain CTR website and
printed information.
Deliverables:
• Offer regular ETC basic training sessions
• Consult with new ETCs at new sites and at existing sites
• Offer survey briefings aligned with survey cycles
• Maintain CTR website as a source of information, materials and tools
Strategy 2: Track and notify employers of legally required activities and provide technical
assistance to all employers for legal compliance.
Description:
• Notify new sites; assist them with baseline survey and initial program development.
• Send survey and program notifications to all sites, review extensions and exemptions
requests, set up and assist sites with paper and online surveys and program reporting.
• Negotiate steps for compliance with non - compliant worksites. Maintain database and
master file records on all sites.
• Provide WSDOT with an electronic copy of city's CTR - affected employers and ETCs
quarterly or as required by WSDOT.
Deliverables:
• Notify new and existing sites of survey and program reporting requirements within
timeframes specified in Law and/or Ordinance
• Maintain electronic and paper records in accordance with WSDOT requirements
• Document sites' compliance with required activities
Strategy 3: Focus program review and survey analysis time on sites that have not made progress
towards goal and spend less time reviewing program reports for sites that have made progress or
goal.
Description:
• For sites that have met or made progress towards goal, focus program review for
completeness of report and approve using electronic submittal.
• For no progress sites, conduct survey analysis and make recommendations for program
improvements to ETC.
• Review programs for inclusion of recommendations, as well as completeness and
program summary.
Deliverables:
• Review all programs for completeness
• Approve programs for sites that have made progress or goal
• Consult with sites that have not made progress or goal and recommend improvements to
program
Strategy 4: Assist ETCs with marketing of commute programs and ensure they meet their
program information distribution requirements. Help ETCs become a major resource to their
employees by providing them with up -to -date commute information, tools for communicating
with employees, turn-key commuter promotions, and opportunities to attend employer network
group meetings.
Description:
• Review program summary and make marketing recommendations at sites that did not
make progress towards goals.
• Send transportation related news and announcements via email to all ETCs; coordinate
and distribute materials and information for promotions such as Wheel Options and Bike
to Work Day; schedule, promote, engage speakers and invite ETCs to employer network
group meetings, as needed.
Deliverables:
• Send regular emails to ETCs on transportation related issues that they can share with their
employees
• Inform ETCs of program summary template on website
• Print and mail new set of commute options posters to sites
• Distribute promotional materials to sites for county and state -wide promotions
• Notify ETCs of network group meetings
Strategy 5: Actively promote alternatives to drive -alone commuting at worksites targeted by
location, corridor, industry or lack of progress toward goal.
Description:
• Identify highly congested employment areas and/or sites that have not made
Progress toward goals for targeted outreach. Develop strategies to help ETCs
communicate and promote program to employees, implement targeted promotions.
Deliverables:
• Organize promotions or events at select targeted areas, corridors or industries.
3
COUNCIL MEETING DATE: November 19, 2013 ITEM #:�
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2013/2014 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD
POLICY QUESTION:
Should the City of Federal Way accept the 2013/2014 Emergency Management Performance Grant award to
fund the Emergency Management Specialist position and to help fund the mass notification system CodeRed?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC MEETING DATE: November 12`h,
SAFETY COMMITTEE 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF
RE_P.._ ORT BY: Ra _ _ DEPT: Public Works
..— _.
Attachments:
Memorandum
2013/2014 Emergency Management Performance Grant Contract
Options Considered:
Option 1. Approve the 2013/2014 Emergency Management Performance Grant award.
Option 2. Do not approve the 2013/2014 Emergency Management Performance Grant award
and provide direction to staff.
MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2013/2014 Emergency Management
Performance Grant Award.
MAYOR APPROVAL: 1/
DIRECTOR APPROVAL: N' `
Com ttee Coun Committee Council
COMMITTEE RECOMMENDATION: I move to forward the 201312014 Emergency Management Performance
Grant award to the -- -- I City Council consent agenda for approval.
Committee Chair
PROPOSED COUNCIL MOTION:
Performance Grant award "
approval of
the 20
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
Emergency Management
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 25th, 2013
TO: Parks, Recreation, Human Services, and Public Safety Committee
VIA: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management
FROM: Ray Gross, C.E.M., Deputy Emergency Manager
SUBJECT: 201312014 Emergency Management Performance Grant (EMPG) Award
BACKGROUND:
The City of Federal Way Emergency Management Division has applied for the 2013/2014
Emergency Management Performance Grant (EMPG). Washington State Emergency
Management Division passes - through federal funding in the form of the EMPG to eligible local
emergency management agencies. The purpose of the EMPG is to assist with the enhancement
and sustainment of emergency management programs. Activities conducted using EMPG
funding should relate directly to the four elements of all - hazards emergency management:
response, recovery, mitigation and preparedness.
The EMPG program requires a 50% match from the local jurisdiction and the total award amount
is based on the local Emergency Management Agency's operating budget. This match
requirement has been met by the general fund budget of the Emergency Management Division.
The City of Federal Way is expected to be awarded $36,793. The performance period of the
2013/2014 EMPG is from June 1, 2013 through August 31, 2014. During this performance
period the following items need to be completed in order to satisfy the grant requirements; 1
Emergency Operation Center exercise, 12 communication drills, l Community Emergency
Management Team training, 2 Neighborhood Emergency Team trainings, and 2 Disaster
Academies.
The City of Federal Way Emergency Management Division would like to use the awarded
EMPG funds to continue funding of the Emergency Management Specialist position in the year
2013 and 2014. Funding this position is vital to keeping the Community Emergency Response
Team training and the Neighborhood Emergency Team program active. EMPG funds would also
be used to help continue funding of the mass notification system CodeRed.
cc: Project File
Day File
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub - grantee Name and Address:
2. Grant Agreement Amount:
3. Grant Agreement Number:
City of Federal Way
3325 8th Avenue South
$36,793
E14 -089
Federal Way, WA 98003 -6325
4. Sub - grantee Contact, phone /email:
5. Grant Agreement Start Date:
6. Grant Agreement End Date:
Ray Gross, (253) 835 -2712
June 1, 2013
August 31, 2014
ray-gross@cityoffederatway.com
7. Department Program Manager, phone/em ail:
8. Data Universal Numbering System (DUNS):
9. UBI # (state revenue):
Sierra Wardell, (253) 512 -7121
612509901
601 - 223 -538
sierra.wardell@mil.wa.gov
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT ") and the U.S. Department of Homeland Security (DHS)
11. Funding Source Agreement #:
12. Program Index # & OBJ /SUB -OJ
13. CFDA# & Title:
14. TIN:
EMW- 2013 -EP- 00050 -S01
733PT NZ
97.042 EMPG
91- 1462550
15. Service Districts:
16. Service Area by County(ies):
17. Women /Minority- Owned, State
(BY LEGISLATIVE DISTRICT): 30
King
Certified ?: X N/A ❑ NO
(BY CONGRESSIONAL DISTRICT): 9
❑ YES, OMWBE #
18. Agreement Classification
19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't
❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other
❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Sub - Grantee Selection Process:
21. Sub - Grantee Type (check all that apply)
X "To all who apply & qualify" ❑ Competitive Bidding
❑ Private Organization /Individual ❑ For -Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
X Public Organization /Jurisdiction ❑ Non - Profit
❑ Filed w /OFM? ❑ Advertised? ❑ YES ONO
❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to
local jurisdictions and tribes with emergency management programs to support and enhance those programs as
described in the Work Plan.
IN WITNESS WHEREOF, the Department and Sub - Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specked below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature Date Signature Date
Dan Swisher, Chief Financial Officer Cary M. Roe, P.E.
Washington State Military Department Director of Parks, Public Works, & Emergency Management
BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable):
Brian E. Buchholz (signature on file) 9/16/2013
Assistant Attorney General Applicant's Legal Review Date
Form 10/27/00 kdb
DHS -FEMA- EMPG -FFY 13 Page 1 of 28 City of Federal Way, E14-089
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB - GRANTEE MILITARY DEPARTMENT
Dame
Ray Gross
Name
Gary Stumph
Title
Deputy Emergency Manager
Title
Program Coordinator
E -Mail
ray .gross @cityoffederalway.com
gary.stumph@milma.gov
Phone
253 -835 -2712
-E-Mail
Phone
263-512-7483
Name
I Cary M. Roe P.E.
Name
Olivia Hollowwa
Title
Director of Parks, Public Works, and
Emergency Management
Title
Program Coordinator
E- Mail
cary.roe @cityoffederalway.com
E -Mail
olivia.hollowwa@mil.wa.gov
Phone
253- 835 -2701
Phone
253 - 512 -7149
Name
Sierra Wardell
Title
Program Manager
E -Mail
1 slerra.wardelt@mll.wa.gov
Phone
253 -512- 7121
ARTICLE II -- ADMINISTRATIVE AND /OR FINANCIAL REQUIREMENTS
The Sub - grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non - exclusive list of laws, regulations and guidance commonly applicable
to DHS /FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A -102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations (formerly OMB Circular A -110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A -87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A -21); 2 CFR Part 230, Cost Principles for
Non - Profit Organizations (formerly OMB Circular A -122); OMB Circular A -133, Audits of
States, Local Governments and Non- Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non - Federal sources. The Sub - grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non - Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS - FEMA - EMPG -FFY 13 Page 2 of 28 City of Federal Way, E14 -089
existing program agreements. Non - governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub - grantee shall comply with all applicable federal laws, regulations and guidance
referenced in the "FY 2013 Emergency Management Performance Grants (EMPG)
Program, Funding Opportunity Announcement (FOA) ", which can be found at
http: / /www.fema.gov /preparedness- non - disaster - grants and are hereby incorporated in
and made a part of this Agreement.
6. The Sub - grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110 -252 (see 31 U.S.C. 6101 note) and
complete and return to the Department Attachment #1 attached to and made a part of this
Agreement.
ARTICLE III — REIMBURSEMENT /INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub - contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http: / /www.gsa.gov without prior written
approval by Department key personnel.
2. Receipts and /or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub - grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub - grantee will submit reimbursement requests to the Department by submitting a
properly completed State A -19 Invoice form and reimbursement spreadsheet (in the format
provided by the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests must be submitted to HLS.ReimbursementsCa ' o-mil.wa.crov at least
quarterly but not more frequently than monthly.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub- grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub- grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements ".
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub - grantee from being reimbursed until such complete reports
and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if the Sub - grantee is not
current with all reporting requirements contained in this Agreement.
DHS- FEMA- EMPG -FFY 13 Page 3 of 28 City of Federal Way, E14 -089
ARTICLE IV — REPORTING REQUIREMENTS
1. The Sub - grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub - grantee shall
submit to the Department's key personnel a final report describing all completed activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle's Work Plan. If a Sub - grantee will not be applying for grant funding
during the next annual grant cycle application process, a final report will be submitted to the
Department detailing progress on all activities listed in the Work Plan.
3. Additionally, in conjunction with the final report , the Sub - grantee shall submit a separate
report detailing how the Exercise and Training requirements were met for all personnel
funded in any part through any source of funding under this Agreement
ARTICLE V — EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub - grantee or a contractor, will
be recorded and maintained in the Sub - grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub - grantee, or a recognized sub -
recipient for which a contract, sub -Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub - grantee, or a recognized sub - grantee /sub - contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub - grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub- grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub - grantee for a period of six years from
the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub - grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub - grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub - grantee to determine the cause of the difference. The Sub - grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub- grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated
and a report generated and sent to the Department.
7. If the Sub - grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
DHS- FEMA- EMPG -FFY 13 Page 4 of 28 City of Federal Way, E14-089
a. Items of equipment with a current per -unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub - grantee with no further obligation to
the awarding agency.
b. Items of equipment with a current per -unit fair market value of more than $5,000 may
be retained or sold and the Sub - grantee shall compensate the Federal- sponsoring
agency for its share.
9. As recipient of federal funds the Sub - grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub - contractors,
consultants, and sub- recipients who receive pass- through funding from this Grant
Agreement.
10. Allowable equipment categories for the FY 2013 EMPG program are listed on the web -
based version of the Authorized Equipment List (AEL) located at the Responder Knowledga
Base at http: / /www.rkb.us /. Reimbursement will only be provided for equipment that (1) is
on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through
the Department; Sub - grantees must contact the Department representative for assistance
in seeking FEMA approval for equipment not on the AEL. Unless expressly provided
otherwise, all equipment must meet all mandatory regulatory and /or FEMA adopted
standards to be eligible for purchase using EMPG funds. In addition, Sub - grantees must
obtain and maintain all necessary certifications and licenses for the equipment. Sub -
grantees are solely responsible for ensuring equipment eligibility.
ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub - grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program.
2. The Sub - grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub - grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers,
physical security enhancements, new construction, renovation, or modification to buildings
or structures, cannot be initiated until FEMA has completed the required EHP review.
Projects implemented prior to receiving EHP approval from FEMA risk de- obligation of
funds.
ARTICLE VII — PROCUREMENT
The Sub - grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub - grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub - grantee's sub - contractors, at
which point the Sub - grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII — SUB - GRANTEE MONITORING
1. The Department will monitor the activities of the Sub - grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass- through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A -133, Audits of States, Local Governments and Non - Profit
Organizations. As a subrecipient of federal financial assistance under Circular A -133, the
Sub - grantee shall complete and return to the Department Attachment #2 "OMB Circular A-
133 Audit Certification Form" with the signed Grant Agreement and each fiscal year
thereafter until the Grant Agreement is closed, which Form is incorporated in and made a
part of this Agreement.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitoring and documentation the completion of Grant Agreement deliverables;
DHS- FEMA- EMPG -FFY 13 Page 5 of 28 City of Federal Way, E14 -089
c. documentation of phone calls, meetings, a -mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure allowability
and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
f. on -site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub - recipient of federal funds, the Sub - grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub - contractors, consultants, and sub -
recipients who receive pass - through funding from this Agreement.
ARTICLE IX — NIMS COMPLIANCY
1. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build, sustain and
deliver the core capabilities needed to achieve a secure and resilient nation.
Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response. NIMS
empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive (PPD) -8, to guide activities within the public and private sector
and describes the planning, organizing, equipping, training and exercising needed to build
and sustain the core capabilities in support of the National Preparedness Goal.
2. The Sub - grantee agrees that in order to receive Federal Fiscal Year 2013 (FFY13) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2013 must be met.
ARTICLE X — EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS) /Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all- hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93 -288, as amended, 42 U.S.C. 5121 - 5207).
2. A portion of the FFY13 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes, which have emergency management programs, to
supplement their local /tribal operating budgets. Each jurisdiction or tribe that applied and
met the qualifications specked in WAC 118-09 regarding emergency management
assistance funds was awarded a sub -grant based on the size of their agency's emergency
management operating budget. Funds will be used by local jurisdictions and tribes to
enhance their emergency management capability.
3. Funds are provided by DHS /FEMA solely for the use of supporting emergency
management programs as provided by the EMPG Program. The Sub - grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub - grantee's application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub - grantee shall provide a match of $36,793 of non - federal origin. Match (cost
share) may be cash or in -kind. To meet matching requirements, the Sub - grantee
contributions must be reasonable, allowable, allocable, and necessary under the grant
program and must comply with all Federal requirements and regulations, including but not
limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track, and document match.
DHS - FEMA - EMPG -FFY 13 Page 6 of 28 City of Federal Way, E14 -089
5. The Sub - grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub - grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
The Sub - grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY13
EMPG Program. All personnel funded in any part through any source of funding under this
Agreement shall participate in no less than three exercises in a 12 -month period.
7. All personnel funded in any part through any source of funding under this Agreement shall
complete the following training requirements and record proof of completion: NIMS Training
IS 100, IS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS 120,
IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244.
8. Cumulative changes to budget categories in excess of 10% of the Grant Agreement
amount will not be reimbursed without prior written authorization from the Department. In
no case shall the total budget amount exceed the Grant Agreement amount. Budget
categories are as specified or defined on the budget sheet of the contract. Any changes to
budget categories other than in compliance with this paragraph will not be reimbursed.
9. As a recipient of federal financial assistance under this Agreement, the Sub - grantee shall
comply with all applicable state and federal statutes, regulations, executive orders, and
guidelines, including but not limited to the following:
a. All applicable state and federal statutes, regulations, executive orders and
guidelines relating to nondiscrimination, including but not limited to the following: (a)
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.) which
prohibits discrimination on the basis of race, color or national origin; (b) the Civil
Rights Act of 1968 (42 U.S.C. 3601), which prohibits recipients from discriminating
in the sale, rental, financing, and advertising of dwellings, or in the provision of
services in connection therewith, on the basis of race, color, national origin, religion,
disability, familial status, and sex; (c) Title IX of the Education Amendments of 1972,
as amended (20 U.S.0 § §1681 et seq.), which prohibits discrimination on the basis
of sex; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.0
§794), which prohibits discrimination on the basis of disability; (e) the Age
Discrimination Act of 1975, as amended (42 U.S.0 § §6101 et seq.), which prohibits
discrimination on the basis of age; (f) the Fair Housing Amendments Act of 1988,
as amended (42 U.S.C. § §3601 et seq.), relating to nondiscrimination in the sale,
rental or financing of housing; (g) the Americans with Disabilities Act, as amended
(42 U.S.C. §§ 12101 - 12213) which prohibits discrimination on the basis of disability,
and (h) Executive Order 13166 Improving Access to Services for Persons with
Limited English Proficiency.
b. All applicable state and federal statutes, regulations, executive orders and
guidelines relating to environmental and historical preservation, including but not
limited to the following: (a) the Coastal Wetlands Planning, Protection and
Restoration Act of 1990, as amended (16 U.S.C. 3951 et seq.), Executive Order
11990 and 44 CFR Part 9; (b) the Clean Air Act of 1970, as amended (42 U.S.C.
§7401) and the Clean Water Act of 1977, as amended (38 U.S.C. §§ 1251 -1387)
and Executive Order 11738; (c) floodplains management pursuant to EO 11988, as
amended; (e) the Coastal Zone Management Act of 1972, as amended (P.L. 92-
583, 16 U.S.C. § §1451 et seq.); (d) the National Environmental Policy Act, as
amended (42 U.S.C. §4321); (e) the Safe Drinking Water Act of 1974, as amended
DHS- FEMA- EMPG -FFY 13 Page 7 of 28 City of Federal Way, E14 -089
(PL 93 -523); (f) the Endangered Species Act of 1973, as amended (PL 93 -205); and
(g) the National Historic Preservation Act, as amended (PL 89 -665, 16 U.S.C. §470
et seq.) and 36 CFR Part 800.
c. The Drug -Free Workplace Act of 1988, as amended (41 U.S.C. §701 et seq., 2 CFR
3001, 44 CFR Part 17).
d. Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22
U.S.C. §7104) and 2 CFR §175.
e. The requirements of 45 CFR Part 46 Protection of Human Subjects for purposes of
research, and the requirements in DHS Directive 026 -04.
f. The requirements of the Animal Welfare Act of 1966, as amended (7 U.S.C. §2131
et. seq.).
g. The Flood Disaster Protection Act of 1973 the National Flood Insurance Act of 1968,
as amended (42 U.S.C. §4001 et seq.).
h. The USA Patriot Act of 2001, as amended (18 U.S.C. § §175- 175c).
L The Fly America Act of 1974, as amended (49 U.S.C. §40118) and the interpretive
guidelines issued by the Comptroller General of the United States March 31, 1981,
amendment to Comptroller General Decision B138942.
j. The False Claims Act (FCA) (31 U.S.C. § 3729).
k. Section 6 of the Hotel and Motel Safety Act of 1990 (15 U.S.C. §2225(a), ensuring
that all conference, meeting, convention, or training space funded in whole or in part
with Federal funds complies with the fire prevention and control guidelines of the
Federal Fire Prevention Control Act of 1974, 15 U.S.C. §2225.
10. The Sub - grantee must obtain DHS approval prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United
States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast
Guard officials.
11. The Sub - grantee must comply with any Federal requirements to acknowledge Federal
funding when issuing statements, press releases, requests for proposals, bid invitations,
and other documents describing projects or programs funded in whole or in part with
Federal funds.
12. If, during the past three years, the Sub - grantee has been accused of discrimination on the
grounds of race, color, national origin (including limited English proficiency), sex, age,
disability, religion, or familial status, the Sub - grantee must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement
agreements to the Department for forwarding to the DHS awarding office and the DHS
Office of Civil Rights and Civil Liberties. In the event any court or administrative agency
makes a finding of discrimination on grounds of race, color, national origin (including limited
English proficiency), sex, age, disability, religion, or familial status against the Sub- grantee,
or the Sub - grantee settles a case or matter alleging such discrimination, the Sub - grantee
must forward a copy of the complaint and findings to the DHS Component and /or awarding
office. The United States has the right to seek judicial enforcement of these obligations.
13. The Sub - grantee must ensure that any project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
14. If the Sub - grantee collects personally identifiable information (PII), the Sub - grantee must
have a publically- available policy that describes what PII is collected, how the PII is used,
whether the PII is shared with third parties, and how individuals may have their PII
corrected as necessary.
15. The Sub - grantee and any of its sub - recipients are required to be non - delinquent in
repayment of any Federal debt.
DHS - FEMA - EMPG -FFY 13 Page 8 of 28 City of Federal Way, E14-089
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department' means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub- grantee" means the government or other eligible legal entity to which a sub -
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub - grantee
and any sub - contractor retained by the Sub - grantee as permitted under the terms of
this Grant Agreement. The term "Sub- grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub - grantee Agent' means the official representative and alternate designated or
appointed by the Sub - grantee in writing and authorized to make decisions on behalf
of the Sub - grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the sub - grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL"— is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
i. "OMB"— is defined and used herein to mean the Office of Management and Budget.
j. "WAC" — is defined and used herein to mean the Washington Administrative Code.
k. "RCW" — is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non - federal entities, as subrecipients of a federal award, that expend $600,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to
have a single or a program - specific audit conducted in accordance with the Office of
Management and Budget (OMB) Circular A- 133 - Audits of States, Local Governments,
and Non - Profit Organizations (amended June 27, 2003, effective for fiscal years ending
after December 31, 2003, and further amended June 26, 2007). Non - federal entities
that spend less than $500,000 a year in federal awards are exempt from federal audit
requirements for that year, except as noted in Circular A -133. As defined in Circular A-
133, the term "non- federal entity" means a State, local government, or non - profit
organization, and the term "State" includes Indian tribes. Circular A -133 is available on
the OMB Home Page at http: / /www.omb.gov.
SUB - GRANTEES that qualify as subrecipients required to have an audit must ensure
the audit is performed in accordance with Generally Accepted Government Auditing
Standards (GAGAS) as found in the Government Auditing Standards (the Revised
DHS- FEMA- EMPG -FFY 13 Page 9 of 28 City of Federal Way, E14 -089
Yellow Book) developed by the Comptroller General and the OMB Compliance
Supplement. The SUB - GRANTEE has the responsibility of notifying its auditor and
requesting an audit in compliance with Circular A -133, to include the Washington State
Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS,
as appropriate. Costs of the audit may be an allowable grant expenditure as authorized
by Circular A -133.
The SUB - GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub - contractors also maintain auditable
records.
The SUB - GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub - contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB - GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB - GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB - GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB - GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB -
GRANTEE's fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430 -5032
In addition to sending a copy of the audit, the SUB - GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB - GRANTEE claims it is exempt from the audit requirements of Circular A -133,
SUB - GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB - GRANTEE
fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430 -5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB - GRANTEE shall include the above audit requirements in any sub - contracts.
Conducting a single or program - specific audit in compliance with Circular A -133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A -133, the SUB - GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A -133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
DHS- FEMA- EMPG -FFY 13 Page 10 of 28 City of Federal Way, E14 -089
A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB - GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SUB - GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB - GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The SUB - GRANTEE must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
DEPARTMENT and SUB - GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB - GRANTEE certifies that
the SUB - GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB - GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB - GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB - GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB - GRANTEE certifies that it will ensure that potential sub - contractors or sub -
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions include
procurement contracts for goods or services awarded under a non - procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub - awards to sub - recipients for any amount. With respect to covered
transactions, the SUB - GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub - contractor or sub - recipient or by checking
the System for Award Management (httr)J/www.sam.cov) maintained by the federal government.
The SUB - GRANTEE also agrees not to enter into any arrangements or contrails with any party
on the Washington State Department of Labor and Industries' "Debarred Contractor List'
(http* //www lni wa aovl rradesLicemina/ PreyWace /AwardingAgences/Deban,edContr to .
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 10 CFR Part 601, the Sub - grantee hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Sub - grantee to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
DHS- FEMA- EMPG -FFY 13 Page 11 of 28 City of Federal Way, E14 -089
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the Sub - grantee will complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; (3) and that, as applicable, the Sub - grantee will require that the language of
this certification be included in the award documents for all subawards at all tiers
(including sub - contracts, sub - grants, and contracts under grants, loans, and cooperative
agreements) and that all sub - recipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into, and is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code.
A.9 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB- GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB - GRANTEE who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement.
The SUB - GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.10 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT
POLICIES
The SUB- GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and /or policies. This
obligation includes, but is not limited to: nondiscrimination laws and /or policies, Energy
Policy and Conservation Act (PL 94 -163, as amended), the Americans with Disabilities
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93 -288, as amended), Ethics in Public Service (RCW 42.52), Covenant. Against
Contingent Fees (48 CFR Section 52.203 -5), Public Records Act (RCW 42.56),
Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW
43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB- GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB - GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for
any purpose not directly connected with the administration of the DEPARTMENT's or the
SUB- GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT or as
required to comply with the state Public Records Act, other law or court order.
DHS- FEMA- EMPG -FFY 13 Page 12 of 28 City of Federal Way, E14 -089
A.12 DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party
may request a dispute resolution panel to resolve the dispute. A request for a dispute
resolution board shall be in writing, state the disputed issues, state the relative positions
of the parties, and be sent to all parties. The panel shall consist of a representative
appointed by the Department, a representative appointed by the Contractor and a third
party mutually agreed upon by both parties. The panel shall, by majority vote, resolve
the dispute. Each party shall bear the cost for its panel member and its attorney fees
and costs, and share equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB - GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the SUB - GRANTEE, its sub - contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB - GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB - GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB -
GRANTEE, or SUB- GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS) /Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non - liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.14 LIMITATION OF AUTHORITY— AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB - GRANTEE Agent or
Alternate for the SUB - GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
DHS - FEMA - EMPG -FFY 13 Page 13 of 28 City of Federal Way, E14 -089
Further, only the Authorized Signature representative or Alternate for the SUB -
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a "Termination for
Cause" without providing the SUB - GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB - GRANTEE.
A.17 NONDISCRIMINATION
The SUB - GRANTEE shall comply with all applicable federal and state non - discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.18 NOTICES
The SUB - GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY /HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHAM/ISHA)
The SUB - GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB- GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB - GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB - GRANTEE to so
comply.
A.20 OWNERSHIP OF PROJECT /CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB -
GRANTEE. The SUB - GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
DHS- FEMA- EMPG -FFY 13 Page 14 of 28 City of Federal Way, E14 -089
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The SUB - GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB - GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB - GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the SUB - GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and /or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB -
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.25 RECORDS
a. The SUB - GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB- GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records ").
b. The SUB- GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB -
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB - GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB- GRANTEE's normal working day.
d. The SUB - GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
DHS -FEMA- EMPG -FFY 13 Page 15 of 28 City of Federal Way, E14 -089
A.26 RESPONSIBILITY FOR PROJECT /STATEMENT OF WORKNVORK PLAN
While the DEPARTMENT undertakes to assist the SUB - GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB -
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB - GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB - GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB - GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB - GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB - GRANTEE in connection with the project.
The SUB - GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and /or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and /or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB - CONTRACTING
The SUB - GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub - contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A -110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB - GRANTEE.
Sub - Grantees must comply with the following provisions regarding procurement, and all
Sub - Grantee contracts with sub - contractors or sub - recipients must contain the following
provisions regarding procurement, per 44 CFR Part 13.36(i):
1. Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (All contracts more than the simplified acquisition threshold).
2. Termination for cause and for convenience by the grantee or sub - grantee including
the manner by which it will be effected and the basis for settlement. (All contracts in
excess of $10,000).
3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60). (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub - grantees).
DHS- FEMA- EMPG -FFY 13 Page 16 of 28 City of Federal Way, E14 -089
4. Compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and sub - grants for
construction or repair).
5. Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented
by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2,000 awarded by grantees and sub - grantees when required by Federal
grant program legislation).
6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub -
grantees in excess of $2,000, and in excess of $2,500 for other contracts which
involve the employment of mechanics or laborers).
7. Notice of awarding agency requirements and regulations pertaining to reporting.
8. Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
9. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10. Access by the grantee, the sub - grantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent
to that specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
11. Retention of all required records for three years after grantees or sub - grantees make
final payments and all other pending matters are closed.
12. Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (All contracts, sub - contracts, and sub - grants of
amounts in excess of $100,000).
13. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
The DEPARTMENT reserves the right to review the Sub - Grantee procurement plans
and documents, and require the Sub - Grantee to make changes to bring its plans and
documents into compliance with the requirements of 44 CFR Part 13.36. The Sub -
Grantee must ensure that its procurement process requires contractors and
subcontractors to provide adequate documentation with sufficient detail to support the
costs of the project and to allow both the Sub - Grantee and DEPARTMENT to make a
determination on eligibility of project costs.
All sub - contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB - GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB - GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB- GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB- GRANTEE make any claim, demand, or application to or
DHS- FEMA- EMPG -FFY 13 Page 17 of 28 City of Federal Way, E14 -089
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the SUB - GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB - GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB - GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB - GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB - GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB - GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB - GRANTEE
shall be liable for all damages as authorized by law. The rights and remedies of the
DEPARTMENT provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB - GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB - GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB - GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall
not diminish or eliminate the SUB- GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB - GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB -
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole or in part.
DHS- FEMA- EMPG -FFY 13 Page 18 of 28 City of Federal Way, E14 -089
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB - GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB - GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB - GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB - GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB- GRANTEE's control, fault or negligence,
the termination shall be deemed to be a "Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB - GRANTEE shall follow any procedures specked in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB - GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB -
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB - GRANTEE and the DEPARTMENT for (i) completed
work and services and /or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and /or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and /or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB - GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB - GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB - GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in the
notice;
b. Place no further orders or sub - contracts for materials, services, supplies, equipment
and /or facilities in relation to this Grant Agreement except as may be necessary for
completion of such portion of the work under the Grant Agreement as is not
terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed
by the DEPARTMENT, all of the rights, title, and interest of the SUB - GRANTEE
under the orders and sub - contracts so terminated, in which case the DEPARTMENT
DHS- FEMA- EMPG -FFY 13 Page 19 of 28 City of Federal Way, E14 -089
has the right, at its discretion, to settle or pay any or all claims arising out of the
termination of such orders and sub - contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and sub - contracts, with the approval or ratification of the DEPARTMENT to the
extent the DEPARTMENT may require, which approval or ratification shall be final for
all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to
the extent directed by the DEPATMENT any property which, if the Grant Agreement
had been completed, would have been required to be furnished to the
DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by
the DEPARTMENT in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for
the protection and preservation of the property related to this Grant Agreement which
is in the possession of the SUB - GRANTEE and in which the DEPARTMENT has or
may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB - GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE
The SUB - GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and /or women -owned in carrying out the purposes of this Grant
Agreement. The SUB - GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30 -041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by, the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB - GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
DHS- FEMA- EMPG -FFY 13 Page 20 of 28 City of Federal Way, E14 -089
Exhibit C
13EMPG APPLICATION
WORK PLAN
Emergency Management Agency I City of Federal Way
Required Activities for EMPG eligibility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to
the five elements of emergency management: prevention; protection; response; recovery, and mitigation.
Washington State does not require a specific number of activities to receive EMPG funding. However,
there are required capabilities that must be conducted in order to remain eligible for EMPG funding,
including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan
and be NIMS compliant
ACTIVITY
DHS- FEMA- EMPG -FFY 13 Page 21 of 28 City of Federal Way, E14 -089
Emergency Management Activity:
Community Emergency Response Team Trainings
Community Resilience
Core Capability
Operational Coordination
1
General Plan for 13EMPG:
Will conduct two CERT courses. One will be conducted in the fall/winter and one will be
conducted in the spring /summer. Classes are normally capped at 40 students each. Will also
conduct CERT refresher trainings at least 1 per month. This is to keep CERT volunteers skills
current on basic response skills.
Emergency Management Activity:
Neighborhood Emergency Teams Training
Core Capability
Community Resilience
2
General Plan for 13EMPG:
Will conduct two formal Neighborhood Emergency Teams train the trainer classes. This is to give
skills to interested residents in how to start, and maintain a NET team in their neighborhood. This
is the cities' version of the My Neighborhood program. EM staff conducts follow up meetings with
new and established NET teams.
Emergency Management Activity:
Communication drills
Core Capability
Operational Communications
3
General Plan for 13EMPG:
The City will take part in communication tests with the State EOC, County EOC, Zone 3
jurisdictions, local amateur radio clubs, cert teams and internal forces via weeldy, monthly, and
quarterly tests. All systems radio, email, phone, fax etc. will be tested at some point throughout
the year.
DHS- FEMA- EMPG -FFY 13 Page 21 of 28 City of Federal Way, E14 -089
DHS- FEMA- EMPG -FFY 13 Page 22 of 28 City of Federal Way, E14 -089
Emergency Management Activity:
EOC Exercises
Operational Communications
4
Core Capability
Operational Coordination
General Plan for 13EMPG:
Will conduct at least two EOC exercises with a focus on coordination of resources, recovery
operations, public information, and equipment function test. One of the two exercises will involve
elected officials and other members of the identified policy group
DHS- FEMA- EMPG -FFY 13 Page 22 of 28 City of Federal Way, E14 -089
1* W
MILESTONE TIMELINE
FFY13 Emergency Management Performance Grant Program
MILESTONE
TASK
June 1, 2013
Start of Grant Agreement performance period.
January 31, 2014
Submit reimbursement request #1
(June 1 — December 31, 2013)
April 30, 2014
Submit reimbursement request #2
(January 1 — March 31, 2014)
August 31, 2014
End of grant performance period.
October 15, 2014
Submit final reimbursement request (April 1 — August 31, 2014),
additional reports, and /or deliverables.
DHS- FEMA- EMPG -FFY 13 Page 23 of 28 City of Federal Way, E14 -089
Exhibit E
Budget Sheet
FFY13 Emergency Management Performance Grant Program
The award is based on the allocation factor of 17.32% of
13EMPG Allocation Factor 17.32% the approved local /tribal emergency management
13EMPG GRANT AWARD AMOUNT $ 36,793.00 operating budgets.
SOLUTION
AREA BUDGET CATEGORY AMOUNT NARRATIVE
• City of Federal Way will provide a match of $36,793, 50% of the total project cost (local /tribal budget plus EMPG
award), of non - federal origin.
• Cumulative changes to budget categories in excess of 10% of the grant agreement award will not be reimbursed
without prior written authorization from the Department.
• This award will not be used to supplant the local /tribal funds.
• The Departments Reimbursement Spreadsheet will accompany each reimbursement request submitted.
• The Sub - grantee agrees to make all records available to Military Department staff, upon request.
Funding Source: U.S. Department of Homeland Security - PI# 733PT — EMPG
DHS -FEMA- EMPG -FFY 13 Page 24 of 28 City of Federal Way, E14 -089
Salaries & Benefits
$ -
Z
Overtime /Backfill
$ -
0
Consultants /Contractors
$ -
2
Goods & Services
$ 23,647
Partial funding for CodeRed
QTravel
/Per Diem
$ -
OIndirect
$ -
Subtotal
$ 23,647
Salaries & Benefits
$ 13,146
CERT and Neighborhood Emergency Team Trainin
Overtime /Backfill
$ -
t7
Z
Consultants /Contractors
$ -
Z
Goods & Services
$ -
Travel /Per Diem
$ -
Indirect
$ -
Subtotal
$ 13,146
TOTAL Grant Agreement Contract
AMOUNT:
$ 36,793
• City of Federal Way will provide a match of $36,793, 50% of the total project cost (local /tribal budget plus EMPG
award), of non - federal origin.
• Cumulative changes to budget categories in excess of 10% of the grant agreement award will not be reimbursed
without prior written authorization from the Department.
• This award will not be used to supplant the local /tribal funds.
• The Departments Reimbursement Spreadsheet will accompany each reimbursement request submitted.
• The Sub - grantee agrees to make all records available to Military Department staff, upon request.
Funding Source: U.S. Department of Homeland Security - PI# 733PT — EMPG
DHS -FEMA- EMPG -FFY 13 Page 24 of 28 City of Federal Way, E14 -089
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109 -282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The
FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be
made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans,
awards, cooperative agreements, and other forms of financial assistance as well as contracts, subcontracts,
purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual
transactions below $25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients
are required by the Military Department to be familiar with the FFATA requirements and complete this
Worksheet for each contract for the State's submission in to the FFATA portal.
ADDITIONAL PROVISIONS
A. This grant agreement contract (subaward) is supported by federal funds, requiring compliance with the
Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109 -282 as amended by section 6202(a) of
Public Law 110 -252 (see 31 U.S.C. 6101 note). By entering into this grant agreement contract, the
sub - grantee agrees to provide all applicable reporting information to the Washington Military
Department (WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov)
containing information about entities that are awarded Federal grants, loans, and contracts. As
required by FFATA and OMB Guidance, certain information on the first -tier subawards related to
Federal contracts and grants, and the executive compensation of awardees, must be made publicly
available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than
$25,000, reporting of the subaward and executive compensation information is required. If the initial
subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or
over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward
exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de-
obligated such that the total award amount falls below $25,000, the subaward continues to be subject
to the reporting requirements of the Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this grant agreement contract, your organization is required by
FFATA, OMB Guidance and this grant agreement contract to provide the WMD, as the prime grant
awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number,
and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD. System for Award
Management (SAM) is a government wide registration system for organizations that do business
with the Federal Government. SAM stores information about awardees including financial account
information for payment purposes and a link to D &B for maintaining current DUNS information,
http: / /www.sam.gov. WMD requires SAM registration and annual renewal by your organization to
minimize unnecessary data entry and re -entry required by both WMD and your organization. It will
also reduce the potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from
the firm Dun and Bradstreet (D &B) (http: //www.dnb.com). A DUNS number provides a method to
verify data about your organization. D &B is responsible for maintaining unique identifiers and
organizational linkages on behalf of the Federal Government for organizations receiving Federal
assistance.
DHS- FEMA- EMPG -FFY 13 Page 25 of 28 City of Federal Way, E14 -089
E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the
five (5) most highly compensated officers of your organization (as the subawardee) it
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its
annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues
from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non -cash value
earned by the executive during the past fiscal year and includes salary and bonus; awards of stock,
stock options and stock appreciation rights; and other compensation such as severance and
termination payments, and value of life insurance paid on behalf of the employee, and as otherwise
provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross
revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal
awards, and (2) the public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986, insert the names and total compensation for the five most highly compensated
officers of your organization in the table below.
DHS- FEMA- EMPG -FFY 13 Page 26 of 28 City of Federal Way, E14 -089
WORKSHEET
In your preceding fiscal year, did your YES STOP, no further
organization receive 80% or more of its annual GO to STEP 3 analysis needed, GO
gross revenues from federal funding? , NO to Step 6
In your preceding fiscal year, did your YES STOP, no further
organization receive $25,000,000 or more in t GO to STEP 4 r i analysis needed, GO
federal funding? I NO ' to Step 6
Does the public have access to information about YES STOP, no further analysis t
the total compensation" of senior executives in I r GO to STEP 5
your organization? r needed, GO to step 6 NO
Executive #1 Name:
Total Compensation amount: $
Name:
Executive #2 Total Compensation amount: $
Executive #3 Marne:
Total.Compensation amount: $
Name:
Executive #4 Total Compensation amount: $
Name
Executive #5 Total Compensation amount: $
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25,000."
our pvygNjZej ►o>7 �i h/ot receive 6-0A or more if q"AWC1/ 5N °�/
r- evemule% from FoJveol �F"vA�( oq
Signature: i' Date: �O a3��Di3
" Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
hftp://www.whitehouse.gov/omb/0pen
hftp://www.hrsa.ciov/qrants/ffata.html
hftp://www.qpo.gov/fdsys/pko/FR-2010-09-14/pdf/2010-22705.r)d
hftp://www.cirants.gov/
DHS- FEMA- EMPG -FFY 13 Page 27 of 28 City of Federal Way, E14-089
ATTACHMENT #2
OMB Circular A -133 Audit Certification Form
Audits of States, Local Governments, and Non - Profit Organizations
�, .'Y.,>, ,:..A, ,r ,,., F� f, ✓,. ., rf �f,. /,., ,,. ,. ,.,,.., ,, ,,. <,_, �jr' „.*. ;���ia: .,, . �,,,y'ri. ���� ,/,:, ryiX „"-' ,...r.
Subrecipient (Sub- Grantee) Name (Agency, Local Government, or Organization):
Authorized Financial Official:
Address:
Email: Phone #:
Purpose: As a pass- through agency of federal grant funds, the Washington Military Department/Emergency Management Division
(WMD /EMD) is required by Office of Management and Budget (OMB) Circular A -133 to monitor activities of subrecipients to ensure
federal awards are used for authorized purposes and ensure that subrecipients expending $500,000 or more in federal awards during
their fiscal year have met the OMB Circular A -133 Audit Requirements. Your entity is a subrecipient subject to such monitoring by
MIUEMD because it is a non - federal entity that expends federal grant funds received from MIUEMD as a pass - through entity to carry
out a federal program. OMB Circular A-1 33 can be found at httpllwww.whitehouse.cov/ sites/ defaulti'Files✓omb/assets/a1331
a133 revised 2007.pdf, and it should be consulted when completing this form.
Directions: As required by OMB Circular A -133, non - federal entities that expend $500,000 in federal awards in a fiscal year shall
have a single or program - specific audit conducted for that year. If your entity is not subject to A -133 requirements, you must
complete Section A of this Form. If your entity is required to complete an A -133 Audit, you must complete Section B of this form.
When completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until
the grant agreement contract is closed. Failure to return this completed Audit Certification Form may result in delay of grant
agreement processing, withholding of federal awards or disallowance of costs, and suspension or termination of federal awards.
Our entity is not subject to the requirements of OMB Circular A -133 because (check all that apply):
❑ We did not expend $500,000 or more of total federal awards during the fiscal year.
❑ We are a for -profit agency.
❑ We are exempt for other reasons (describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the
program(s) in which we participate, that we are required to maintain records of federal funding and to provide access to such
records by federal and state agencies and their designees, and that WMD /EMD may request and be provided access to
additional information and /or documentation to ensure proper stewardship of federal funds.
❑ We completed our last A -133 Audit on [enter date] for Fiscal Year ending [enter date]. There were no findings related to
federal awards from WMD /EMD. No follow -up action is required by WMD /EMD as the pass- through entity.
A complete copy of the audit report, which includes exceptions, corrective action plan and management
response, is either enclosed or available online at:
❑ We completed our last A -133 Audit on [enter date] for Fiscal Year ending [enter date]. There were findings related to
federal awards.
A complete copy of the audit report, which includes exceptions, corrective action plan and management
response, is either enclosed or available online at:
http: //www.
❑ Our completed A -133 Audit will be available on [enter date] for Fiscal Year ending [enter date]. We will forward a
copy of the audit report to you at that time unless it will be available online at:
http: / /www.
I hereby certify that 1 am an individual authorized by the above identified entity to complete this form. Further, I certify that
the above information is true and correct and all relevant material findings contained in audit report/statement have been
disclosed. Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of
federal grant funds from MIUEMD until the grant agreement contract is closed.
Signature of Authorized Financial Official:
Print Name & Title:
Date:
WMD Form 1009 -13, 8119/2013
DHS- FEMA- EMPG -FFY 13 Page 28 of 28 City of Federal Way, E14-089
Washington Military Department Contract Number: E14 -089
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Doing business as (DBA)
City of Federal Way
ADDRESS
Applicable Procurement
WA Uniform Business
Federal Employer Tax
33325 8th Avenue South, Federal Way, WA
or Solicitation #, If any:
Identifier (UBI)
Identification #:
98003
601223538
91- 1462550
This certification is submitted as part of a request to contract
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and /or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature:
Print Name and Title: Cary M. Roe, P.E.
Date:
Washington Military Department Contract Number: E14 -089
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Inelialbility, and Voluntary Exclusion "?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to elan this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal' mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a "lower tier participant "?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430 -5122
Please read instructions on reverse side before comoleting this form.
NAME OF ORGANIZATION DATE SUBMITTED
City of Federal Way 10/23/2013
PROJECT DESCRIPTION
Emergency Management Performance Grant 2013
CONTRACT NUMBER
E14 -089
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
2.
Skip Priest
Cary M. Roe, P.E.
Mayor
Director of Parks, Public Works, I
AUTHORIZED TO SIGN CONTRACTS /CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
Cary M. Roe, P.E.
Ray Gross
Director of Parks, Public Works,®
Deputy Emergency Manager
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME--T-
AME TITLE
Cary M. Roe, P.E.
Director of Parks, Public Works, I
Ray Gross Deputy Emergency Manager
MAC-1WOL \HOMEWKARENB\....\WMIGNAUTH Revised 3/03
Form
W'9
Request for Taxpayer
Give Form to the
(Rev. August
Identification Number and Certification
requester. not
Department of the Treasury
the
I
Send tO the IRS.
Internal
Revenue Service
Name (as shown on your income tax return)
City of Federal Way
N
Business nameldisregarded entity name, if different from above
m
rn
cL
Check appropriate box for federal tax classification:
Exemptions (see instructions):
c
o
❑ individual/sole proprietor El C Corporation E] S Corporation E] Partnership ❑ Trust/estate
m c
0
Exempt payee code (if any)
L t
❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership) 110-
Exemption from FATCA reporting
o
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code (if any)
,C 0
❑ Other (see instructions) ►
Address (number, street, and apt. or suite no.)
Requester's name and address (optional)
33325 8th Avenue South
ro
City, state, and ZIP code
m
M
Federal Way, WA 98003
List account number(s) here (optional)
Taxpayer Ident'rfication Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number
to avoid backup withholding. For individuals, this is your social security number n page However, fora _ m _
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter. Fir/] _ 160151510
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
veyr r I Signature of
Here US. person ► Date ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. The IRS has created a page on IRS.gov for information
about Form W -9, at wwwJrs.gov 1w9. Information about any future developments
affecting Form W -9 (such as legislation enacted after we release it) will be posted
on that page.
Purpose of Form
A person who is required to file an information return with the IRS must obtain your
correct taxpayer identification number (TIN) to report, for example, income paid to
you, payments made to you in settlement of payment card and third party network
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or contributions you made
to an IRA.
Use Form W -9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN to the person requesting it (the requester) and, when
applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct.
Note. If you are a U.S. person and a requester gives you a form other than Form
W -9 to request your TIN, you must use the requester's form if it is substantially
similar to this Form W -9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or business in
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners' share of effectively connected taxable income from
such business. Further, in certain cases where a Form W -9 has not been received,
the rules under section 1446 require a partnership to presume that a partner is a
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S. person that is a partner in a partnership conducting a trade or business in the
United States rovide Form W -9 to the partnership to establish your U S status
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If p
applicable, you are also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on your share of partnership income.
any partnership income from a U.S. trade or business is not subject to the
Cat. No. 10231X Form W -9 (Rev. 8-2013)
COUNCIL MEETING DATE: November 19, 2013 ITEM #: r
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) GRANT - TARGET ZERO TEAMS MOU
POLICY QUESTION: Should the City Of Federal Way / Police Department accept grant funds in the amount of
$6,528.00? This funding will be used for overtime DUI Target Zero Team patrols.
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: November 12,
SAFETY COUNCIL COMMITTEE (PRHS &PS) 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Lt. Jim Nelson
Attachments:
1. PRHS &PS Memo
2. TZT Memorandum of Understanding 2013
Options Considered:
1. Accept Grant
2. Reject Grant
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
Comm tee
DEPT: Police
DIRECTOR APPROVAL:
Commttte Council
COMMITTEE RECOMMENDATION: I move to forward the proposed WTSC Target Zero Teams MOU to the
November 19, 2013 City Council consent agenda for approval.
Committee Chair Pmmittee Memb Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Target Zero eam MOU Agreement, effective
October 1, 2013 through September 30, 2014 with a total compensation of $6,528.00, and authorize the Chief
or Deputy Chief to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IsT reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED- 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 12, 2013
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WTSC Grant Money for Target Zero Teams DUI patrols.
Background
The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing
partnership, focused on DUI and Seatbelt enforcement. WTSC funding has allowed Federal Way
Police to strengthen DUI and Seatbelt enforcement through overtime funded patrols.
Proposal
That the City Of Federal Way accepts a Memorandum of Understanding (MOU) for a term of:
October 01, 2013 through September 30, 2014.
The MOU is specifically for overtime funded DUI patrols in the amount of $6,528.00.
Funding Source
Washington Traffic Safety Commission (WTSC).
fag $TATg o
c 4
m
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
Target Zero Teams
South King County Target Zero Task Forces
Law Enforcement
RECEIVED
C" l 1 1 2013
Traffic Safety
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into
by and between the FEDERAL WAY POLICE DEPARTMENT (agency initials
or Agency or Contractor) and the Washington Traffic Safety Commission
(WTSC).
TERM: October 1, 2013 to September 30, 2014
AMOUNT: NOT TO EXCEED $6,528
CFDA * 20.616
IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King
County Law Enforcement Agencies to participate in the Target Zero Teams
project.
GOAL: to reduce the number of people killed or seriously injured by impaired
drivers in King County through aggressive, multi - jurisdictional, high - visibility
patrols using an integrated systems approach to traffic safety which is
evidenced -based and targets the locations where the most safety benefit can
be realized.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. SCOPE OF WORK: The Target Zero Team DUI patrols will be deployed at
times and locations where data indicates that the most safety benefit can
be realized as determined by the King County DUI and Traffic Safety Task
Force. Officers will also work on the King County Home Safe Bar
program, with approval of the South King County Target Zero Manager or
the law enforcement liaison to the task force.
2. CONDITIONS: Agency will deploy highly skilled officers in coordination
with other King County Law Enforcement agencies, the King County DUI
and Traffic Safety Task Force, and the WSP District 2 Target Zero Team to
generate the highest amount of deterrence possible.
Agency certifies that all officers participating in these patrols are SFST
trained. To meet this requirement:
Created: August 2013 TZT South King County LE MOU 2014 Page 1 of 4
Officer must be BAC certified and have passed the SFST
refresher training within the prior three years, or
Officer must have successfully completed Advanced Roadside
Impaired Driving Enforcement (ABIDE) within the prior three
years, or
Officer must be a certified Drug Recognition Expert.
3. PAYMENT FOR LAW ENFORCEMENT: Agency will provide
commissioned law enforcement with appropriate equipment (vehicle,
radar, etc.) and on an overtime basis (not to exceed 1.5 times their
normal salary plus Agency's contributions to employee benefits
including FICA, Medicare, Worker's Compensation and unemployment)
to participate in these emphasis patrols and the Home Safe Bar
Program.
4. Jail booking cost (booking fee + daily rate) that result from a law
enforcement officer from one jurisdiction making an arrest while on
Target Zero Teams patrol in another jurisdiction will be considered for
reimbursement with approval from the Target Zero Manager or her
designee.
5. DISPATCH: WTSC will reimburse communications officers /dispatch
personnel for work on this project providing Agency has received prior
approval from the Target Zero Manager or law enforcement liaison to
the task force.
6. GRANT AMOUNT: Your agency is allotted $6"528 dollars for the cost of
this project. This allocation may be increased by your Target Zero
Manager during the above campaign(s), without amending this
agreement PROVIDED THAT the increase in the allocation does not
exceed 50% of the original amount. Any increase in allocation
exceeding 50% will require an amendment to this document.
7. PERFORMANCE STANDARDS:
a. All participating law enforcement are required to have 3 self -
initiated contacts per hour of enforcement, or show DUI arrests
with working on Target Zero DUI patrols. A completed emphasis log
is required.
b. All persons working on the Home Safe Bar Program are required to
fill out the Home Safe Bar Program log.
c. Some violator contacts may result in related, time - consuming
activity. This activity is reimbursable.
d. Other activities, such as collision investigation or emergency
response that are not initiated through emphasis patrol contact
WILL NOT be reimbursed.
8. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (A19 -1A Form).
Created: August 2013 TZT South King County LE MOU 2014 Page 2 of 4
• Agency identified as the "Claimant ";
• A Federal Tax ID #; and,
• Original signature of the agency head, command officer or
contracting officer.
b. Payroll support documents (signed overtime slips, payroll
documents).
c. Officer TZT Emphasis Patrol Activity Logs (attached) showing 3 or
more self- initiated contacts per hour and /or DUI arrests for
reimbursement for any patrol overtime reimbursement.
d. Home Safe Bar program logs (attached) for any reimbursement for
participation in the Home Safe Bar program.
e. The Invoice Voucher (A19 -1A Form), payroll supporting documents,
and Emphasis Patrol Activity Logs, and /or Home Safe Bar program
logs shall be submitted to your Target Zero Manager for review. The
Target Zero Manager will forward these documents to WTSC for
processing and payment.
9. DEADLINE FOR CLAIMS: All claims for reimbursement for emphases
conducted prior to June 30 must be received by WTSC no later than
August 15. Claims for activity conducted between July 1 and September
30 must be received by WTSC no later than November 15. Monthly
billing is preferred.
NOTE: This means that all claims must be received by the South King
County Target Zero Manager no later than October 31.
10. DISPUTES: Disputes arising under this Memorandum shall be resolved
by a panel consisting of one representative of the WTSC, one
representative from Agency, and a mutually agreed upon third party.
The dispute panel shall decide the dispute by majority vote.
11. TERMINATION: Either party may terminate this agreement upon 30
days written notice to the other party. In the event of termination of this
Agreement, the terminating party shall be liable for the performance
rendered prior to the effective date of termination.
12. SUPPLANTING DISCLAIMER: I certify that none of the funds for this
project supplant the normally budgeted funds of this agency nor do
these funds pay for routine traffic enforcement normally provided by this
agency.
Created: August 2013 TZT South King County LE MOU 2014 Page 3 of 4
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AG EEME4T).
Agency Washington Traffic Safety Commission
Arv'>4 J4r�/G� visa ✓T� CF�rC —� 0
Contracting Agent (Print) i— Date
Signature
Date
Agency address (for mailing fully executed MOU):
X33 5 14 V s
y)AY LA) � 003
Agency PIO contact:
Af 4 Sc t �ktuCl�-
2A3 `K�2- 6 B.5o
1A
cot o6 Q CA
Please return two signed MOUs to your Target Zero Manager.
Sara Wood, South Kina Countv Taraet Zero Manaaer
Kent Police Department
2204 1h Ave. S.
Kent, WA 98032
253 - 856 -5851
swood()kentwa.gov
Target Zero Manager will return to:
Shelly Baldwin, WTSC Impaired Driving Program Manager
621 - 8th Avenue SW, Suite 409, PO Box 40944
Olympia, WA 98504 -0944 360.725.9889 sbaldwin @wtsc.wa.gov
Created: August 2013 TZT South King County LE MOU 2014 Page 4 of 4
6-0YVI
SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) GRANT - TARGET ZERO TEAMS MOU
POLICY QUESTION: Should the City Of Federal Way / Police Department accept grant funds in the amount of
$8,400.00? This funding will be used for overtime DUI ($7,000.00) Target Zero Team patrols and overtime
Seatbelt ($1,400.00) patrols.
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: November 12,
SAFETY COUNCIL COMMITTEE (PRHS &PS) 2013
CATEGORY:
® Consent ❑ Ordinance
❑ City Council Business ❑ Resolution
STAFF REPORT BY: Lt. Jim Nelson
.................................................. . . . . . . . . . . . . . . ...... . . . . . . . . . ...................... . . . . . ............................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attachments:
1. PRHS &PS Memo
2. TZT Memorandum of Understanding 2013
Options Considered:
1. Accept Grant
2. Reject Grant
MAYOR'S RECOMMENDATION:
❑ Public Hearing
❑ Other
DEPT: Police
MAYOR APPROVAL: ,72 DIRECTOR APPROVAL: l C Its) �� , 1✓,1�,,,'`%�
Commi ee Cou it e ci
COMMITTEE RECOMMENDATION: I move to forward the proposed WTSC Target
November 19, 2013 City Council consent agenda for approval.
Committee Chair
ittee Member
Fb Teams M0 U,�o the
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Target Zero Team MOU Agreement, effective
October 1, 2013 through September 30, 2014 with a total compensation of $8,400.00, and authorize the Chief
or Deputy Chief to sign said Agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLENDEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 12, 2013
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WTSC Grant Money for Target Zero Teams DUI & Seatbelt Patrols.
Background
The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing
partnership, focused on DUI and Seatbelt enforcement. WTSC funding has allowed Federal Way
Police to strengthen DUI and Seatbelt enforcement through overtime funded patrols.
Proposal
That the City Of Federal Way accepts a Memorandum of Understanding (MOU) for a term of:
October 01, 2013 through September 30, 2014.
The MOU is for overtime funded DUI patrols ($7,000.00) and overtime funded Seatbelt patrols
($1,400.00).
Funding Source
Washington Traffic Safety Commission (WTSC).
��¢ 8TA }� o�
0 4
m Q2
Y
't IBM �O
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and
between the FEDERAL WAY POLICE DEPARTMENT (Agency) and the Washington
Traffic Safety Commission (WTSC).
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE),
traffic safety emphasis patrols (as outlined in Addendum A), in support of Target Zero
priorities. The Target Zero Manager and Law Enforcement Liaison assigned to
your county shall coordinate the Scope of Work as outlined below:
TERM: October 1, 2013 - September 30, 2014
AMOUNTS
Impaired Driving: $7,000
CFDA# 20.600
Seat Belts: $1,400
CFDA # 20.602
These funds shall not be commingled and are only to be
utilized for the specific emphasis area.
SWV 0015957 -00
(Agency) Statewide Vendor Number
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. GOAL: To reduce traffic related deaths and serious injuries by engaging in impaired
driving and occupant protection multijurisdictional HVE patrols.
*101e1� A Eel&MAl 14
Impaired Driving:
Agency will engage in multijurisdictional HVE patrols for all or part of the following:
Holiday DUI Patrols; November 27, 2013 — January 1, 2014
Summer Kick -Off DUI Patrols; July 1, 2014 — July 13, 2014
Drive Sober or Get Pulled Over Labor Day DUI Crackdown;
August 15, 2014 — September 1, 2014.
Created: August 7, 2013 Page 1 of 9
These DUI patrols shall be deployed at locations where the data indicates that the
most traffic safety benefit can be realized as determined by the local Traffic Safety
Task Force. Patrols shall not begin before 4:00 pm and will occur Friday- Sunday,
with the exception of:
Wednesday and Thursday, November 27 and 28, (Thanksgiving);
Tuesday, December 31 and Wednesday, January 1 (New Year's Eve);
Thursday, July 3 (4th of July holiday), and;
Monday, September 1 (Labor Day.)
Seat Belts:
Agency will engage in multijurisdictional HVE seat belt- focused patrols on some or
all of the following dates:
Click it or Ticket - May 19 — June 1, 2014
These patrols shall be deployed at locations where the data indicates that the most
traffic safety benefit can be realized as determined by the local Traffic Safety Task
Force. Wherever possible these patrols shall occur in areas with the lowest seat belt
use rates. These patrols will not begin before 4:00 pm. Agency agrees to take a
zero tolerance approach to seat belt and child car seat violations.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the seat
belt patrols.
3. CONDITIONS:
For each of the emphasis patrols listed above, Multiiurisdictional High Visibility
Enforcement Protocols, as outlined in Addendum A of this document will be
followed. These protocols are incorporated in their entirety to this document by
reference. Exceptions to these protocols may only be provided by the WTSC
Program Director.
These are enforcement activities intended to apprehend impaired drivers, and
unbuckled vehicle occupants. It is expected that Notices of Infraction /Citation
(NOI /C's) will be issued at contact unless circumstances dictate otherwise.
Standardized Field Sobriety Testing (SFST) Training Requirement
Agency certifies that all officers participating in these patrols are SFST trained. To
meet this requirement:
• Officer must be BAC certified and have passed the SFST refresher
training within the prior three years, or
• Officer must have successfully completed Advanced Roadside Impaired
Driving Enforcement (ARIDE), or
• Officer must be a certified Drug Recognition Expert.
Created: August 7, 2013 Page 2 of 9
Media Contacts:
All of these patrols are conducted as part of a highly publicized, statewide effort. As
such, publicity campaigns about these patrols are planned to alert the public to the
fact that extra patrols are targeting these violations. Therefore, Agency must
provide the names of at least two agency officers who can be available for media
requests and questions. *At least one of the individuals listed below must be
available for weekend media contacts, beginning at noon on Fridays before
mobilizations:
CA-My
Name/Title Name/Title 1, n r- p cl
17 -<'_� (
Office Phone & e -mail pffice Phone & e -mail
U6 39 I-
Cell Phone
Available weekends per above?*
Cell Phone
❑ Available weekends per above?*
4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law
enforcement with appropriate equipment (vehicle, radar, PBTs etc.) to participate in
these emphasis patrols. WTSC will reimburse for overtime at 1.5 times officer's
normal rate plus Agency's contributions to employee benefits including FICA,
Medicare, Worker's Compensation and unemployment.
5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than
eight hours. (WTSC understands there may be instances when more than eight
hours are billed because of DUI processing, etc.)
6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom
reimbursement is claimed has exceeded his /her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount
requested. Agency understands that reserve officers are not eligible for overtime for
this project.
7. DISPATCH: WTSC will reimburse communications officers /dispatch personnel for
work on this project providing Agency has received prior approval from their local
Target Zero Manager.
Created: August 7, 2013 Page 3 of 9
8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits.
The total cost of overtime and benefits shall not be exceeded in any one campaign
area and funds may not be commingled between campaign areas.
Upon agreement by the Agency and the local Target Zero Manager, the DUI or
Occupant Protection allocation may be increased or decreased without amending
this agreement PROVIDED THAT the increase in the allocation does not exceed
50% of the original agreed amount for the specific emphasis area. Any increase in
allocation exceeding 50% will require an amendment to this document.
9. PERFORMANCE STANDARDS:
a. Participating law enforcement officers are required to make a minimum of 3
self - initiated contacts per hour of enforcement.
b. Some violator contacts may result in related, time - consuming activity. This
activity is reimbursable.
c. Other activities, such as collision investigation or emergency response that
are not initiated through emphasis patrol contact WILL NOT be reimbursed.
10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (A19 Form).
1) Agency identified as the "Claimant"
2) Statewide Vendor Number
3) A Federal Tax ID #
4) Original signature of the agency head, command officer or
contracting officer, and
5) Other information denoted by arrows on the form.
b. Payroll support documents (signed overtime slips, payroll documents, etc.).
c. Emphasis Patrol Activity Logs showing 3 or more self - initiated contacts per hour.
Emphasis Patrol Activity Logs cannot be modified.
Payment cannot be made unless these activity logs are included.
The Invoice Voucher (A19 Form), payroll supporting documents, and Emphasis
Patrol Activity Logs shall be submitted to your Target Zero Manager for review and
approval. The Target Zero Manager will forward these documents to WTSC for
processing and payment.
Created: August 7, 2013 Page 4 of 9
11. DEADLINES FOR CLAIMS
All claims must be approved by your Target Zero Manager, please allow
adequate time for processing in order to meet the following deadlines:
a. First Deadline: All claims for reimbursement for emphasis conducted from
October 1, to June 30, must be received by WTSC no later than August 15,
2014.
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15, 2014.
Invoices submitted for reimbursement after the above dates, will not be paid.
WTSC will NOT accept faxed invoices.
12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from Agency, and a
mutually agreed upon third party. The dispute panel shall decide the dispute by majority
vote.
13. TERMINATION: Either party may terminate this agreement upon 30 days written
notice to the other party. In the event of termination of this Agreement, the terminating
party shall be liable for the performance rendered prior to the effective date of
termination.
14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project
supplant the normally budgeted funds of this agency nor do these funds pay for routine
traffic enforcement normally provided by this agency.
Created: August 7, 2013 Page 5 of 9
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
4.4.7 h4— 7
Agen4 Signature
A+yu✓ xow e oza -
Printe Name
X01 °�3
(Date)
WTSC Signature
Printed Name
(Date)
Agency Address (where fully executed copy of this document will be mailed):
3313.2 8 T.s AE S .
Street
oci3
Zip Attn:
Please return this signed MOU (No later than October 18, 2013) to
your Target Zero Manager:
Sara Wood
Kent Police Department
220 4th Ave. S.
Kent, WA 98032
Target Zero Manager will forward this signed document to:
Angie Ward, WTSC
621 — 8th Avenue SW, Suite 409
PO Box 40944
Olympia, WA 98504 -0944
360.725.9888
No later than October 31, 2013
Created: August 7, 2013 Page 6 of 9
Addendum A
Multiiurisdictional High - Visibility Enforcement Protocols
Purpose
This protocol is intended to guide Target Zero Managers, Law Enforcement
Liaisons, and law enforcement agencies in coordinating multijurisdictional
high visibility enforcement (HVE) mobilizations to address impaired driving
and seat belt use. These mobilizations are funded by federal highway
safety grants.
Goal
The goal of multijurisdictional high - visibility campaigns is to reduce fatal
and serious injury collisions through the coordination of:
Publicity addressing increased enforcement, and
Increased contacts and arrests of violators.
Method
Funding from the Washington Traffic Safety Commission (WTSC) will
support multijurisdictional HVE patrol activities to increase the number of
officers working on impaired driving, and occupant protection enforcement.
Public education and media will be coordinated by the Target Zero
Manager and Law Enforcement Liaison. The law enforcement activity will
support the media effort by demonstrating to the public that the media
messages are true; i.e., that "extra enforcement patrols (with a particular
focus) are going on now" so that the public takes the media messages
seriously.
The media work will support the police effort by encouraging voluntary
compliance with the law. The objective of multijurisdictional HVE patrol
activities is to change driver behavior by raising the awareness of
increased enforcement.
Definitions:
• HVE is enforcement of the law in conjunction with publicity that draws
the attention of the public to the enforcement activity.
Created: August 7, 2013 Page 7 of 9
• Multijurisdictional enforcement is defined as a minimum of three law
enforcement agencies (LEA's) or patrol units participating at a
designated date and time, enforcing a specific activity, in a location
determined by the local Target Zero Task Force.
Responsibilities
WTSC:
• Provide Funding.
• Provide state /local traffic fatality and serious injury data
• Coordinate paid media at the state level.
• Lead news media efforts (if not lead by local TZM) for:
• Holiday DUI
• Click It or Ticket
o Drive Hammered Get Nailed.
• Summarize enforcement activity.
• Report results to the National Highway Traffic Safety Administration.
Target Zero Manager and Law Enforcement Liaison:
• Lead the development of Multijurisdictional High Visibility
Enforcement Mobilization Plans.
• Coordinate mobilization briefings.
• Lead news media efforts for:
o Summer DUI
• Lead news media efforts (optional) for all other mobilizations.
• Review and approve all MOUs, invoices, and other documentation
before submission to WTSC. This includes follow -up on incomplete
invoicing paperwork and Emphasis Patrol Activity Logs with
unexplained low contacts.
Law Enforcement Agencies:
• Send a representative to local task force meetings to plan mobilization
locations and exact dates.
Created: August 7, 2013 Page 8 of 9
• Ensure availability of agency media contact, noted on page 3 of this
agreement, prior to and during all mobilization dates.
• Provide commissioned police officer(s) (active or paid reserve) with
appropriate equipment (vehicle, radar, etc.) to participate in
multijurisdictional HVE patrols.
• Ensure that officers assigned to the multijurisdictional HVE campaigns
are qualified to enforce the impaired driving laws as outlined on page 2,
section 3 of this agreement.
• Require all officers participating in multijurisdictional HVE patrols to
attend mobilization briefings.
• Ensure officers working the overtime conduct a minimum of three (3)
self- initiated contacts per hour.
This is an enforcement activity that is intended to apprehend violators. It
is expected that a Notice of Infraction /Citation (NOI /C) will be issued at
contact unless circumstances dictate otherwise. It is understood that
violator contacts may result in related, time - consuming activity. Such
activity will be considered for reimbursement.
Activity other than that initiated through HVE patrol contact
(investigating collisions, emergency responses, etc.) will be the
responsibility of the contracting agency and may not be
considered for reimbursement.
• Require officers to complete and submit multijurisdictional HVE patrol
productivity on WTSC Emphasis Patrol Activity Log.
3 c7 A4---7 / &/.7
Agency Signature Date
Created: August 7, 2013 Page 9 of 9
This Page Left Blank Intentionally
SUBJECT: 2013/14 MID - BIENNIUM BUDGET ADJUSTMENT, PUBLIC HEARING
POLICY QUESTION: N/A
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Bob Noland, Interim Finance Director DEPT: Finance
ATTACHMENTS: Budget Calendar
SUMMARY/BACKGROUND: As required by state law, cities adopting biennial budgets must review and make
necessary adjustments to their adopted budget before the end of the first year of the biennium. Staff has
presented to Council the recommended adjustments and Council has commenced the budget deliberation process
and is accepting comments from the public at this meeting.
Options Considered: N/A
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: WA 1w- DIRECTOR APPROVAL: %
Committee C cil ImhM
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL
2013/2014 MID - BIENNIUM BUDGET ADJUSTMENT MEETINGS
The following is the meeting schedule to consider the City of Federal Way's 2013/14 Mid - Biennium
Budget Adjustment:
OCTOBER 15, 2013 — REGULAR MEETING — 7:00 PM
• PUBLIC HEARING (required by RCW 35A.34) 2013/14 Biennial Budget/Property Tax Rate
OCTOBER 29 & 30, 2013 —SPECIAL MEETINGS — 6:00 PM (October 30`h only if needed)
• Public Hearing Continued
• Council Study Session on the 2013/14 Mid - Biennium Budget Adjustment
NOVEMBER 19, 2013 — REGULAR MEETING — 7:00 PM
• PUBLIc HEARING CONTINUED — 2013/14 Biennial Budget/Property Tax Rate
• Introduction Ordinance — 2013/14 Mid - Biennium Budget Adjustment
• Introduction Ordinance — 2014 Property Tax Rate
DECEMBER 3, 2013 — REGULAR MEETING — 7:00 PM
• Enactment Ordinance — 2013/2014 Mid - Biennium Budget Adjustment
• Enactment Ordinance — 2014 Property Tax Rate
• Resolution/Fee Schedule 2014 Amendment
All meetings will be held at City Hall, 33325 — 8`h Avenue South, Federal Way, Washington.
CITIZEN COMMENTS WILL BE ACCEPTED AT ALL BUDGET MEETINGS.
COUNCIL MEETING DATE: November 19, 2013 ITEM #: Ij
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENTS TO THE LODGING TAX ADVISORY COMMITTEE
POLICY QUESTION: Should the City Council reappoint members to serve on the Lodging Tax Advisory
Committee?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Human Resources
Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five- members who
serve two -year terms. Members must be representatives from businesses which are required to collect lodging
tax, or businesses authorized to be funded by lodging tax revenues.
Three positions on the Committee expired on October 31, 2013. All three members serving on the Committee are
seeking reappointment (Kala Jones, Mike Dunwiddie, and Ryan Miller). In accordance with the Council Rules
of Procedure, the Council will not interview applicants already serving on a Committee and may reappoint
members seeking additional terms.
Options Considered:
1. Reappoint Kala Jones, Mike Dunwiddie and Ryan Miller to the Committee for two -year terms
expiring October 31, 2015.
2. Direct the City Clerk to advertise for additional applicants.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: N/A
Committee Council Committee Council
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: "I move the following appointments to the Lodging Tax Advisory
Committee... "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1" reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
COUNCIL MEETING DATE: November 19, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENT OF HEARING EXAMINER
ITEM #:
POLICY QUESTION: Should the City Council reappoint Phil Olbrechts of Olbrechts & Associates PLLC as the
City's Hearing Examiner and appoint Sound Law Center and Gary N. McLean as the City's Alternate Hearing
Examiners?
COMMITTEE: N/A MEETING DATE:
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
Z City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Peter Beckwith Assistant City Attome DEPT: Law
_..._.........._..--.-.---._...__. _......._._..._....._.._._..___ ___:----'--__._._._....__._._.....___.........._.._........___.----- Y_—_ ....— .------ ..__._�._._.�_..___ __—.._._.............. _ . .... __....._...__._—
Attachments: Summary of proposals submitted in response to RFP.
Background: The City last reviewed its Hearing Examiner services in 2007. At that time, Council awarded a
Hearing Examiner contract to Phil Olbrechts at the law firm Ogden Murphy Wallace. Mr. Olbrechts has
subsequently left that firm and started his own. The City recently issued a Request for Proposals for Hearing
Examiner Services and received three responses from: Phil Olbrechts of Olbrechts & Associates PLLC, Sound
Law Center, and Gary N. McLean, Attorney at Law.
The Federal Way Revised Code 2.95.020 states that Council shall appoint a Hearing Examiner who will serve
at the pleasure of the Council and be a person with training and/or experience in land use planning, law or
other areas related to the planning/development of the community.
Staff reviewed the proposals and recommends that Phil Olbrechts of Olbrechts & Associates PLLC remain as
the City's Hearing Examiner and that Sound Law Center and Gary N. McLean be appointed as the City's
Alternate Hearing Examiners.
Options Considered:
1. Reappoint Phil Olbrechts as Hearing Examiner and appoint Sound Law Center and Gary N. McLean
as Alternate Hearing Examiners.
2. Modify Staff's recommendation as discussed.
MAYORS RECOMMENDATION: N/A
MAYOR APPROVAL: t�' A DIRECTOR APPROVAL: _f W-
Combittee �C un`cil`— Initial
COMMITTEE RECOMMENDATION:
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "I move adoption of Option I to reappoint Phil Olbrechts as Hearing
Examiner and appoint Sound Law Center and Gary N. McLean as Alternate Hearing Examiners.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
Summary of 2013 Proposals for Hearing Examiner Services
RESPONDER
EXPERIENCE
Phil Olbrechts of
Current Hearing Examiner for Auburn, Federal Way, Fife, Mason
Olbrechts &
County, Port Townsend, Mountlake Terrace, San Juan County, Black
Diamond, Edmonds, Monroe and Renton. Alternate Examiner for
Associates, PLLC.
Snohomish County and Lakewood.
Sound Law Center
Kimberly Allen: Current Hearing Examiner for Kitsap County & Medina
• Kimberly Allen
and assists Town of Hunts Point.
• Kristen Larson
Kristen Larson: Hearing Officer and Chief Legal Writer at Sound Law.
Provided Hearing Examiner Services to Issaquah, Burien & Kitsap
County.
Gary N. McLean,
McLean Law-Office: 2010- current. Current Hearing Examiner for
Attorney at Law
Bellevue, Maple Valley, Pacific (Civil Service), DuPont, North Bend and
Tukwila. Since 2002 Hearing Examiner for Seattle (Civil Service).
City Manager at Puyallup: 2008 -2010
City Attorney at Puyallup: 2002 -2007
City Attorney at Des Moines: 1996 -2002
Assistant City Attorney at Seattle: 1993 -1996
Gov. Relations Assoc. at Bogle & Gates: 1989 -1993
COUNCIL MEETING DATE: November 19, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: ESTABLISHING A PROTOCOL FOR PRIVATE DEVELOPMENT OF CITY PROPERTY
POLICY QUESTION: Should the City Council adopt the resolution establishing a protocol for private
development of City property?
COMMITTEE: PRHS &PS MEETING DATE: 11/12/13
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
D9 City Council Business X Resolution ❑ Other
STAFF REPORT BY: Pat Richardson City Attome DEPT: Law
_... - -- ---......_...... ._.__.._..........._..._._.._.. —...._.........._. ..._._._._ ..................... ......................Y _..- .._...............
Attachments: Proposed resolution establishing a protocol for private development of City property.
Options Considered: 1. Adopt the resolution establishing a protocol for private development of City
property.
2. Modify the resolution establishing a protocol for private development of City
property-
3. Reject the propose resolution.
MAYOR'S RECOMMENDATION: Establish a protocol for private development of City property
MAYOR APPROVAL: / /? DIRECTOR APPROVAL: Pd
K--
a Council Initial _A1
COMMITTEE RECOMMENDATION: I move to forward the proposed resolution as modified at the meeting
establishing a protocol for private development of City property to the November 19, 2013 Business agenda for
approval.
Committee Chair CorrAittee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED- 08/12/2010 RESOLUTION #
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Establishing a Protocol for Private Development of City
Property.
WHEREAS, the City Council of the City of Federal Way recognizes the importance of
partnering with different organizations in the City to enhance opportunities for the public; and
WHEREAS, the City Council desires to establish a protocol for private development of City
Property; and
WHEREAS, the purpose of the protocol is to provide consistency for addressing requests,
and to outline a process for providing preliminary information and obtaining Council approval prior
to beginning the development process;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Development of City Property. A proposal to develop City property must be for
the public's benefit.
Section 2. Proposed Project. The proposed project will neither present an adverse impact to
the community, nor present an unreasonable risk to the City.
Section 3. Preliminary Information. The following preliminary information will accompany
any request to develop City property:
1. The name of the individual or organization seeking to develop City property.
2. A concept of the proposed development and how it will benefit the public.
3. Identified funding source for the proposed development.
Resolution No. 13- Page 1 of 3
Rev 1 /10
4. Identified entity or organization that will be responsible for the ongoing maintenance
and operation of the proposed project.
5. Identified areas of potential risk to the City and the proposed measures to mitigate the
identified risks.
Section 4. Submit the Request to the Mayor's Office. The request, along with the
information outlined in Section 3 above will be submitted to the Mayor's Office. If the information is
sufficient, the Mayor will submit the request to Council for consideration.
Section 5. Council Committee Review. The Parks, Recreation, Human Services, and Public
Safety (PRHSPS) Council Committee will review the request in a public meeting. Upon review of
the proposal the PRHSPS Committee may forward to Council with a recommendation or ask the
developer to provide additional information before the proposal is forwarded to the full Council.
Section 6. Council consideration. Council will consider the request in a public meeting. If
Council determines that the proposed development will provide a benefit to the public, will enhance
the City, and does not pose an unreasonable risk to the City, the Council will direct the developer
begin the development process by applying for permits and working with Staff.
Section 7. Design approval. If a developer has been approved to apply for permits and work
with Staff to develop a project on City property, the design of the project will be brought before the
PRHSPS Committee and full Council at the 30% 85% and 100% stage of the design for approval.
Section 8. 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.
Resolution No. 13- Page 2 of 3
Rev 1/10
Section 9. 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 10. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 11. 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 72013.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
K:\reso\2013 \private develop - council 11. 19.13
Resolution No. 13-
Page 3 of 3
Rev 1/10
SUBJECT: 2013/14 MID - BIENNIUM BUDGET ADJUSTMENT ORDINANCE
POLICY QUESTION: Should the City Council approve the 2013114 Mid - Biennium Budget Adjustment Ordinance?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Bob Noland, Interim Finance Director DEPT: Finance
ATTACHMENTS: Ordinance and Exhibits A(l ), A(2), B(l ), and B(2), Summary of Adjustments
SUMMARY/BACKGROUND: This is an ordinance for the adjustment of the 2013/14 Budget. This adjustment
will revise revenue and expenditure estimates to reflect changing conditions and needs.
Options Considered:
1. Approve the 2013/14 Mid - Biennium Budget Adjustment.
2. Deny approval and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: N/A DIRECTOR APPROVAL: N/A
Committee Co d Committee f I CwmEu
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTIONS:
1ST READING OF ORDINANCE 11/19/2013: `1 move to forward approval of the ordinance to the 121312013
Council Meeting for adoption. "
2mD READING OF ORDINANCE 12/3/2013: "1 move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGETS AND FINANCE REVISING THE 2013 -14
BIENNIAL BUDGET (Amending Ordinance No. 12 -733 and
13 -739).
WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for
the 2013 -14 fiscal biennium have been prepared and filed on October 2, 2012 as provided by
Titles 35A.34 and 84.55 of the Revised Code of Washington; and
WHEREAS, the budget was printed for distribution and notice published in the official
paper of the City of Federal Way setting the time and place for hearing on the budget and said
notice stating copies of the budget can be obtained on -line and at the Office of the City Clerk;
and
WHEREAS, the City Council of the City of Federal Way having held public hearings on
November 6 and November 20, 2012, and having considered the public testimony presented;
WHEREAS, the City Council enacted the 2013 -14 Biennial Budget on December 4,
2012, to become effective on January 1, 2013;
WHEREAS, the City Council finds it necessary to revise the 2013 -14 Biennial Budget as
a result of funds to be carried forward from 2012;
WHEREAS, the City Council finds it necessary to revise the 2013 -14 Biennial Budget as
a result of the mid - biennium review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment. Exhibit A(1) — "2013 Revised Budget" and Exhibit A(2) — "2014
Ordinance No. 13- Page I of 7
Rev 1/10
Revised Budget" in Ordinance No. 13 -739 is hereby amended to Exhibit B(1) — "2013 Revised
Budget" and Exhibit B(2) — "2014 Revised Budget" to include the mid - biennium adjustments.
Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing
so may authorize adjustments to the extent that they are consistent with the budget approved
herein.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days
from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
Ordinance No. 13- Page 2 of 7
Rev 1 /10
2013.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 13- Page 3 of 7
Rev 1 /10
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2013/14 Mid - Biennium Budget Adjustment
Summary of Proposed Adjustments
Adjustment
Type
YEAR 2013
YEAR 2014
Expend
ture Increase/ Decrease
Revenue
Adjustments
Expendl ture Increadl
Decrease
Revenue
Adjustments
1 -Time
Ongoing
Total
1 -Time <
Ongoing
Total
GENERALFUND
Property Tax
Chg Condition
55,000
-
55,000
Sales Tax
Chg Condition
-
500,000
-
615,000
Criminal Justice Sales Tax
Chg Condition
175,000
-
-
194,000
Liquor Excise Tax
Chg Condition
-
26,000
107,000
Liquor Profits
Chg Condition
158,000
-
-
152,000
Criminal Justice High Crime
Chg Condition
131,00
-
125,000
Franchise Fees
Chg Condition
-
60,000
-
-
60,000
Building Permits
Chg Condition
300,000
250,000
Plan Check Fees
Chg Condition
-
-
450,000
-
150,000
Court Fines & Forfeitures
Chg Condition
-
70,000
-
-
Animal Licenses
Chg Condition
-
-
30,000
-
-
Healthcare Premium Increase
Chg Condition
-
175,000
175,000
-
Subtotal City- Wide/Unallocated
$ -
S -
S
S 1,955,000
S -IS
175,000
$ 175,000
S 1,7089000
Community do Economic Development:
Temporary Help - Planning Division
(includes relate supplies and travel & training)
Source is Increased Building Permits & Fees
New Request
60,000
-
60,000
Increase funding Senior Planner
from .8375 FTE to 1.0 FTE as authorized
Source is Increased Building Permits & Fees
New Request
-
15,000
15,000
Temporary Help - Building Division
(includes relate supplies and travel & training)
Source is Increased Building Permits & Fees
New Request
22,000
22,000
Branding huative
Added by
Council 10/29
25,000
-
25,000
-
Increase in 2% Liquor Requirements
For Drug/Alcohol Program
Total 2013 = $16,600 12014 = $18,100
Housekeeping
-
3,000
3,000
4,500
4,500
Subtotal Community & Economic Dev.
S 25,000
IS 3,000
$ 28,000
S -
$ 82,000
$ 19,500
S 101,5011
$
Human Resourees/CJty Clerk:
Net 0.50 FTE Increase
Add 0.75 FTE HR Tech
Reduce 0.75 FTE Admin Assist to 0.50 FTE
New Request
-
$ -
S 30,195
S 30,195
S
Subtotal Human Resources
S -
S -
$ -
S -
$ -
$ 30,195
S 30,195
$
Information Technology:
Public Defender Case Management System
General Fund Portion - Court & Prosecution
1 -Time Capital Cost = $7,412
Annual Ongoing M &O = $14,629
Annual Ongoing Reserves = $20,541
See Information Technology Fund below for full cost
and funding source detail.
New Request
7,412
-
7,412
S -
S 35,170
S 35,170
S
Subtotal Information Technologyl
S 7,412
S -
$ 7,412
S -
$
S 35,170
S 35,170
$ -
Finance:
Eliminate State Purchasing Contract Expense Effective
July 1, 2013 due to Change in State's Fee Structure
Housekeeping
-
(1,500)
(1,500)
(3,000)
(3,000)
Subtotal Finance
S -
$ (11500)
S (1,500)
S -
S -.S
(3,000 )
$ (3,000)
S
Municipal Court.
Scanner
Capital Cost = $1800 funded within Court Budget
Ongoing Annual Reserves = $257
New Request
-
257
257
-
Subtotal Municipal Court
$ -
S -
$
$ -
S -
$ 257
S 257
$
Police:
-
-
-
Add 1.0 FTE Administrative Assistant I
Primarily for Management of confidential personnel &
professional standards files.
New Request
-
64,800
64,800
-
Employment Testing Services Contract
SO Impact Funded by Current Police Budget
Year 1 56,000, Year 2 $7,000, Year 3 $7,500
Housekeeping
-
2013/14 Mid - Biennium Budget Adjustment
Summary of Proposed Adjustments
YEAR 2013
YEAR 2014
Expend ture Increase! Decrease
Revenue
Expeeendi ture Increase!
rease
Revenue
Adjustment
I -Time
Ongoing
Total
i -Time
Ongoing
Total :
Type
Adjustments
Adjustments-
Purchase Traffic "ProLaser" Lidar System -Qty 2
Council
8,500
8,500
8,500
-
-
Funded by WTSC Grant
Approved
5/21/2013
Establish Replacement Reserves on 2 Grant Funded
New Request
-
850
850
Traffic "ProLaser" Lidar System
Required Per City's Replacement Reserves Policy
Police Dept. did not mclue on original request.
Drug Recognition Expert (DRE)
Council
Overtime Reimbursement
Approved
From WTSC Grant
5/21/2013
MOU for Period July 1, 2013 - June 30, 2015
WHAT'S THE GRANT AMOUNT??
2013 Ballistic Best Partnership Grant
Council
27,154
27,154
13,577
Replace 30 Expired Ballistic Vests
Approved
Grant $13,577 & Ctiy Match $13,577
5/21/2013
PENDING GRANT AWARD
Distracted Driving Overtime Reimbursement
Council
2,500
-
2,500
2,500
From WTSC Grant
Approved
7/16/2013
Registered Sex Offender Overtime Reimbursement
Council
31,779
31,779
31,779
King County Registered Sex Offender Gram
Approved
9/3/2013
Valley Narcotics Enforcement Team VNET Funds
47,478
47,478
47,478
For 7/1/2013- 6/30/2014
Auto Task Force Grant
102,631
102,631
102,631
For 7/1/2013 - 6/30/2014
Increase Secondary Vehicle - Qty 4
New Requet
37,000
37,000
-
5,000
5,000
1 -Time Equipment Costs and Ongoing M &O
Rocket Vehicle Routers Annual M &O Expense
Council
-
Intemal Service Charge to Police Begins in 2014
Approved
$8,000 of the $17,000 Total M &O Funded within
6/4/2014
Existing Police Budget
Transfer Jail Reserves to Debt Service for Increase in
Housekeeping
25,169
25,169
SCORE Debt Service due to Sequestration
Reduce Jail Reserves to Cover Transfer to Debt Service
Housekeeping
-
(25,169)
(25,169)
Fund for increase in SCORE Debt Service due to
Sequestration
Vehicle Replacement- Qty 5
New Request
Replace marked vehicles funded by accumulated
replacement reserves. Cost in 2014 is $235K,
accounted for in the internal finids.
Subtotal Police
$ 257.042
$
$ 257.042
S 206.465
$ -
S 70 650
S 70 650
$
Parks & Recreadon:
Celebration Park Cameras
Housekeeping
PK/MT - Park Pals Rain Shelter - Pending
New Request
15,000
15,000
Subtotal Parks/Recreation
$ -
$ -
$ -
$
S 15,000
$ -
$ 15,000
S
Public Works:
Replace Video Detection
New Request
79,200
79,200
-
-
(Traffic Division)
Replace Refiectorized Raised Pavement Marker
New Request
-
80,000
80,000
(Traffic Division)
Increase King Co. Maintenance Contract
New Request
-
50,000
50,000
Due to Fleet Rate Increase
(Traffic Division)
School Zone Flasher
Council
7,500
7,500
7,500
WA State Traffic Safety Commission Grant
Approved
(Traffic Division)
7/16/13
Reduce Fuel Tax Estimate
Chg Condition
-
(10,000)
(10,000)
Subtotal Public Works
$ 86,700
is -
S 86,700
$ (2,500)
S 80,000
IS 50,000
S 130,000
$ (10,000)
2013/14 Mid - Biennium Budget Adjustment
Summary of Proposed Adjustments
YEAR 2013
YEAR 2014
Expend ture Increase/ cease
Revenue
Expendi trrre Increase! Decrease
Revenue
Adjustment
I -Time
Ongoing
Total
1 -Time
Ongoing
Total
Type
Adjustments
Adjustments
TOTAL GENERALISTREET FUND
$ 376,154
$ 1,500
$ 377,654
$ 2,158,965
$ 177,000
$ 377,772
S 554,772
S 1,698,000
UTILITY TAX FUND:
Electricity
Chg Condition
-
-
(17,000)
-
-
(17,000)
Gas
Chg Condition
(150,000)
(150,000)
Solid Waste
Chg Condition
50,000
50,000
Phone
Chg Condition
250,000
250,000
Increase UTax Transfer for FWCC Reserves
Council
111,449
111,449
-
(108,667)
(108,667)
-
Due to lower debt, result of the Bond Refund
Approved
3/6/2013
Reduce UTax Transfer for FWCC Debt Service
Council
(111,449)
(111,449)
108,667
108,667
Due to lower debt, result of Bond Refund
Approved
3/6/2013
Transfer FWCC Prefimding
Council
809,673
809,673
held in Utility Tax Fund to Debt Service Fund
Approved
3/6/2013
SOLID WASTE & RECYCLING FUND:
Coordinated Prevention Grant
Council
1,585
1,585
1,585
Offset Funds
Approved
9/3/2013
Coordinated Prevention Grant
Council
-
27,281
27,281
27,281
Regular Funding Cycle Increase
Approved
9/3/2013
WA -DOE Prevention Grant
Council
6,000
6,000
6,000
-
Offset Funds
Approved
9/3/2013
SPECIAL STUDIESICONTRACT FUND:
Council Chambers Audio Replacement
New Request
16,000
16,000
Capital Cost- $8,000/Establish Reserves = $8,000
Funded by Comcast PEG restricted funds.
Hylebos Audio Improvements - New Request
New Request
61,000
61,000
Replaces previously approved request.
Capital Cos[= $30,500/Establish Reserves-$30,500
Hylebos Audio Improvements
New Request
(22,000)
(22,000)
Eliminate Previously Approved Request
Capital Cos t= $11,000/Estabhsh Reserves--$I 1,000
Public Defender Case Management System
New Request
145,000
145,000
Capital Cost, Portion Funded by Unrestricted Comcast
Funds. See Information Technology Fund below for
firll cost and source detail.
Reduce Currunt Unallocated Budget
New Request
(200,000)
(200,000)
for Requests Above
FEDERAL WAY COMMUNITY CENTER FUND:
Replace Pool Heat Exhanger
New Request
3,500
3,500
Funded by Capital Reserves
Replace Pool Diving Board
Council
4,510
4,510
Funded by Capital Reserves
Approved
7/2/2013
Increase UTax for FWCC Capital Reserves
Council
111,449
108,667
Due to lower debt as a result of the Bond Refimd
Approved
3/6/2013
TRAFFIC SAFETY FUND.
-
-
Transfer to Transportation CIP
Council
227,000
227,000
School Zone Enhancements
Approved
Fund Year 1 of 5 Year Plan
5/21/2013
Traffic Infractions
Chg Condition
-
-
1,000,000
Change in Accounting
Accounting
-
625,000
625,000
625,000
625,000
625,000
625,000
Record ATS Invoices as Expenditures
Change
Budget Gross Revenues Rather than Net Revenues
COMMUNITY DEVELOP. BLOCK GRANT FUND:
Increase Public Services Allocation to $91,005 (max
Council
4,540
4,540
4,540
15% of entidement amount)
Approved
8/6/2013
2013/14 Mid - Biennium Budget Adjustment
Summary of Proposed Adjustments
YEAR 2013
YEAR 2014
Expend ture Iucrease/ Decrease
Revenue
Expendi ture
Increase/
Decrease
Revenue
Adjustment
Type
1 -Time
Ongoing
Total
Adjustments `
1 -Time
Ongoing
Total
Adjustments
Increase Planning & Administration to $121,342 (max
Council
6,052
6,052
6,052
20% of entitlement amount)
Approved
8/6/2013
Increase Capital Allocation for FUSION
Council
25,000
25,000
25,000
Approved
8/6/2013
Revise Capital Allocation Estimate to Reflect Actual
Housekeeping
(85,020)
(85,020)
(85,020)
Allocation
Subtotal Special Revenue Funds
1,002,840
625,000
1,627,840
1,827,606
27,281
625,000
652,281
893,948
DEBT SERVICE FUND:
Increase SCORE Debt Service
New Request
-
-
-
-
25,169
-
25,169
25,169
Due to Sequestration
Funded by Jail Reserves
2003 Federal Way Community Center Bond Refund
Council
12,825,660
12,825,660
12,825,660
Payoff 2003 FWCC Bonds
Approved
3/6/2013
2013 FWCC Refunding Bond Debt Payments - Add
Council
-
436,891
436,891
-
809,673
809,673
Approved
3/6/2013
2003 FWCC Bond Debt Payments - Remove remaining
Council
(546,688)
(546,688)
(915,000)
(915,000)
2013 debt service and eliminate 2014 budget.
Approved
3/6/2013
Reduce Utility Transfer In FWCC Debt Service
Council
(111,449)
(108,667)
Due to lower debt, result of the Bond Refund
Approved
3/6/2013
Transfer In FWCC Bond Prefunding
Council
809,673
From set aside in Utility Tau Fund to Debt Fund
Approved
/6/2013
Transfer to PAC Project for Schematic Design
Council
355,000
355,000
-
Approved
3/19/2013
Subtotal Debt Service Fund
13,190,660«
(109,797)
13,070,863
13,523,884
25,169`,
(IOS,327)
(80,158)
(83,498)'
DOWNTOWN REDEVELOPMENT CIP FUND:
LIFT Sales Tax - July 1, 2013 Activation
Council
487,500
487,500
487,500
975,000
975,000
975,000
Approved
5/21/13
MUNICIPAL FACILITIES CEP:
-
Building for the Arts Chant - PAC
Council
325,000
325,000
325,000
Approved
2/5/2013
4 Culture Grant - PAC
Council
150,000
150,000
150,000
Approved
2/5/2013
Tranfer In REET for PAC Schematic Design
Council
355,000
355,000
355,000
Approved
3/X/2013
PARKS CIP FUND: ''
-
Sagbahe Track Improvements
Council
117,393
117,393
Total Project Cost $130,408
Approved
Apprpopriate Mitigation Expenditures $117,393
5/21/13
Existing Project Reallocation $13,015
Playgrounds - Steel Lake Park Improvements
Pending
15,750
15,750
Appropriate Mitigation Expenditures
TRANSPORTATION CIP FUND:
Pacific Highway S HOV Phase V -
Council
2,639,331
2,639,331
2,639,331
South 340th St to S 359th St
Approved
Design & Right -of- -way
1/15/2013
PSRC Countywide Federal Grant
Required City Match of $2M already budgeted.
2013/14 Mid - Biennium Budget Adjustment
Summary of Proposed Adjustments
YEAR 2013
YEAR 2014
Expend ture Increase! Decrease
Revenue
Ea' nditure Increase/
Decrease
Revenue
Adjustment
Type
I -Time
Ongoing
Total
Adjustments
1 -Time
Ongoi`
Total
Adjustments
S 320th St (25th Ave S to S 1 Ith Ave S) Preservation
Council
1,100,000
1,100,000
1,100,000
(1,100,000)
(1,100,000)
(1,100,000)
Project
Approved
Design & Construction
1/15/2013
PSRC Countywide Preservation Federal Grant
Required City Match of $500K already budgeted.
Eliminate grant estimate due to actual award.
14th Ave S: S 308th -S 312th St
Council
765,000
765,000
765,000
Safe Routes to Schools, Pedestrian & Bycle Safety
Approved
WSDOT State Grant
1/15/2013
Required City Match $0
14th Ave S: S 308th -S 312th St Safe Routes to
Council
(100,000)
(100,000)
(100,000)
(665,000)
(665,000)
(665,000)
Schools, Pedestrian & Bycle Safety
Approved
Eliminate grant estimate due to actual award.
1/15/2013
City-wide Safety Projects
Council
363,200
363,200
363,200
Flashing Yellow Arrow Traffic Signal Modifications to
Approved
5 Intersections $241,200
329/2013
City-wide Retro-Reflective Backplates $122,000
Quick Response Safety Program QRS Grant
Required City Match $0
City-wide Safety Projects
Council
(350,000)
(350,000)
(350,000)
Eliminate Estimated Grant due to Actual Award.
Approved
3292013
SW 312th & 14th Ave SW
Council
180,000
180,000
180,000
Lakota Safe Route to School Improvements
Approved
WSDOT Federal Grant
6/182013
Required City Match $0
$55,000 Fund Balance Transfer From / To
Council
55,000
55,000
Traffic Impact Fee / SW 312th & 14th Ave SW Lakota
Approved
Safe Route to School Impr.
6/182013
Reduce Traffic Impact Fee exp for transfer.
14th Ave S: S 308th St -S 312th St
Council
270,119
270,119
270,119
(287,000)
(287,000)
(287,000)
Lakota Middle School Sidewalk -13th Ave SW
Approved
Design & Construction
8/X/2013
WSDOT Federal Grant
Required City Match $0
Eliminate Estimated Grant due to Actual Award.
School Zone Enhancements
Council
227,000
227,000
227,000
Fund Year 1 of 5 Year Plan
Approved
Funded by Traffic Safety Fund
5212013
Subtotal Capital Project Funds
6,600,293
-
6,600,293
6,412,150
(1,077,000)
(1 077,000)
(1,077,000)]
SURFACE WATER MANAGEMENT FUND:
Steel Lake Mgmt District No.I Reformation
Council
-
2,232
2,232
2,232
2,232
2,232
2,232
Increase to Final Assessment Roll of $15,232
Approved
8/6/2013
2012 Municipal Stormwater Grant of Regional
Council
73,900
73,900
73,900
Significance (GROSS)
Approve
For Storming the Sound With Salmon Program
5/212013
NPDES Phase II Permit Fees
New Request
-
2,172
2,172
4.72% Increase = $2,172 per year
NPDES Phase II Permit Monitoring Fee
New Request
244,532
244,532
4 Year Total = $244,532 or $61,133 annually
Earmark 4 year total to opt into regional program
WRIA 10 Grant
32,000
32,000
32,000
-
-
For West Hylebos Fish Assessment
DOES Capacity Grant for 2013 -2015
-
170,000
170,000
170,000
Includes $78,000 for 0.50 FTE 1 -time
Subtotal Enterprise Funds
32,000
i 76,132
i 108,132
i 108,1321
414,532
4,404
418,936
172,232
2013/14 Mid - Biennium Budget Adjustment
Summary of Proposed Adjustments
YEAR 2013
YEAR 2014
Expend
ture Increase/ rease
Revenue
Expenditure Increase/
Decrease
Revenue
Adjustment
Type
1 -Time
Ongoing
Total
Adjustments
1 -Time
Ongoing
Total
Adjustments
INFORMATION TECHNOLOGY FUND:
Public Defender Case Management System
New Request
205,412
205,412
205,412
14,629
14,629
35,170
I -Time Capital Cost = $205,412
(Source $145K Unrestricted Comcast, $53K Grant,
$7K Gen Fund)
Annual Ongoing M&O = $14,629
(Source Gen Fund)
Annual Ongoing Reserves = $20,541
(Source, Gen Fund)
Police Rocket Vehicle Routers - Annual M &O Expense
Council
8,000
8,000
8,000
of $17,000
Approved
Funding within Existing Budget
6/4/2013
From IT $9,000 & Police $8,000
Establish Replacement Reserves on 2 Grant Funded
New Request
850
Traffic "ProLaser" Lidar System
Required Per City's Replacement Reserves Policy
Police did not request reserves on original request.
FLEET & EQUIPMENT FUND:
-
Increase Secondary Vehicle - Qty 4
New Request
37,000
37,000
37,000
5,000
5,000
5,000
For ECAT Program to increase visibility of patrol
vehicles in our community and back -up vehicles for
patrol in anticipation of significant repairs and/or
totaled patrol vehicles. $37,000 Equipment Setup Up &
$5,000 Ongoing M &O
Vehicle Replacement - Qty 5
New Request
235,000
235,000
Replace marked vehicles, funded by accumulated
replacement reserves.
Subtotal Internal Service Funds
242,412 ==
242,412
242,412
235,000
27,629
262,629
49,020
GRAND TOTAL - ALL FUNDS
$ 21,43059
$ 592,835
$ 22,027,194
24,273,149
S (19019)',
S 929,478
$ 731,460
S '1,652,702
COUNCIL MEETING DATE: November 19, 2013 ITEM #:_8b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2014 Property Tax Levy
POLICY QUESTION: Should the City Council adopt the 2014 Property Tax Levy based on the proposed budget?
COMMITTEE: NA MEETING DATE: Various
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Bob Noland, Interim Finance Director DEPT: Finance
ATTACHMENTS: Draft 2014 Property Tax Levy Ordinance
SUMMARY/BACKGROUND: The City Council held public hearings on October 15 and November 19 on the proposed
2013/14 mid - biennium budget adjustment and 2014 proposed Property Tax Levy. The 2014 proposed Property Tax
Levy is based on the 1% growth limit plus new construction as authorized by state statute. Based on preliminary
information from the King County Assessor, this would result in a decrease in the tax rate from $1.42 to approximately
$1.40 per $1,000 of assessed valuation.
OPTIONS:
1. Approve the attached draft 2014 Property Tax Levy Ordinance.
2. Deny approval of the attached draft 2014 Property Tax Levy Ordinance and provide direction to staff.
MAYOR RECOMMENDATION:
MAYOR APPROVAL: N/A DIRECTOR APPROVAL: �Rl 16
Committee Co lwil 1 Initial
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTIONS:
1sT READING OF ORDINANCE 11/19/2013: "1 move to forward approval of the ordinance to the 121312013 Council
Meeting for adoption. "
2ND READING OF ORDINANCE 12/3/2013: "1 move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
1sT reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 02/06/2006
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY
TAX AMOUNT FOR THE YEAR OF 2014.
WHEREAS, the City Council of the City of Federal Way has met and reviewed all revenue
sources and examined all anticipated expenses and other obligations for the 2013/14 biennium; and
WHEREAS the City Council, in the course of considering the biennium budget,
conducted public hearings on October 15, 2013, and November 19, 2013 for the proposed
property tax levy for 2014, and proposed revenues and expenditures for the biennium; and
WHEREAS, the City Council, after hearing and duly considering all relevant evidence
and testimony, determined that it is necessary and advisable to authorized an increase in regular
property tax consistent with the limit factor prescribed by RCW 84.55.101 to discharge the
expected expenses and obligations of the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. L v . There shall be and there is hereby levied against the property in the
City of Federal Way, Washington, a municipal regular property tax for the year 2014 for the
purposes of paying expenses and discharge obligations of the City in the amount of $10 Million,
Nine Hundred Thousand Dollars ($10,900,000).
The levy amount includes (1) an increase in property tax revenue from the previous year of
Sixty -two Thousand Four Hundred and Ninety -Five Dollars ($62,495) or point sixty -two percent
(0.62 %), (2) new construction and improvements to property, (3) any increase in the value of state
Ordinance No. 13- Page I of 3
assessed property, and (4) amounts authorized by law as a result of any annexations that have
occurred, as well as applicable refunds already made.
Section 2. Severability. The provisions ofthis 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 other persons or circumstances.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from
and after its passage and publication, as provided by law.
Ordinance No. 13- __ Page 2 of 3
PASSED by the City Council of the City of Federal Way this day of
, 2013.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 13- Page 3 of 3
COUNCIL MEETING DATE: November 19, 2013 ITEM #:__o_cl
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDMENTS TO THE FWRC FOR URBAN AGRICULTURE
POLICY QUESTION: Should the City amend the Federal Way Revised Code (FWRC) to provide definitions for urban
agriculture uses and establish development regulations pertaining to the appropriate siting and character of such uses within
the City of Federal Way?
COMMITTEE: Land Use and Transportation MEETING DATE: November 4, 2013
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Senior Planner, Janet Shull, AICP DEPT: Community and Economic
_ Development
Background: In March, 2012, the Federal Way City Council adopted Resolution 12 -617 directing staff to develop draft
comprehensive plan and zoning code amendments for urban agricultural uses. In the summer of 2012, CED staff was awarded a
grant for technical assistance from Forterra to assist with the development of urban agriculture policies and regulations. On
January 15, 2013, the City Council adopted Ordinance 13 -736 that established comprehensive plan polices related to urban
agriculture. The Planning Commission conducted a study session in January 16, 2013 and a public hearing on September 18,
2013 at the close of which they recommended to the council approval of the staff recommendation with one modification to the
definition of Farmers Market (modified language shown on page 3 of Attachment 1 — Draft Adoption Ordinance). On October 7,
2013, the LUTC conducted a public meeting on the proposed regulations at the close of which they recommended that staff
prepare further modification to the definition of "farmers market" and bring the item back to the November 4, 2013 LUTC
meeting for further consideration.
Attachments: 1) Staff Report to the LUTC; 2) Draft Adoption Ordinance; 3) Staff Report to the Planning Commission with
Exhibits A -D; 4) Draft Minutes of the September 18, 2013, Planning Commission Public Hearing.
Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's
recommendation as further amended by the City Council; 3) Do not adopt the Moor's recommendation .
MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the Draft
Adoption Ordinance.
MAYOR APPROVAL:' DIRECTOR APPROVAL:
Committee Co it Committee
a.
PROPOSED COUNCIL MOTION(S):
rn
c over W1 ern oa-ti cc�n W % -Xv► t" V- -VAw- w�v. r1c
aY\ o-Q "v7armers Ytar-ke-e" Cop�k,'ar►
e Member Committee Member
1ST READING OF ORDINANCE (NOVEMBER 19,2013): `1 move to forward the proposed ordinance to the December 3,
2013 meeting for second reading and enactment. "
21YD READING OF ORDINANCE (DECEMBER 3,2013): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
1ST reading
❑ TABLED/DEFERRED/NO, ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 08112/2010
RESOLUTION #
CITY Of 10'::t S"
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
October 28, 2013
To:
Bob Celski, Chair
Members of the Land Use/Transportation Committee (LUTC)
VIA:
Skip Priest
FROM:
Janet Shull, AICP, Senior Planner
Isaac Conlen, Planning Manage
SUBJECT:
Urban Agriculture Code Amendments
MEETING DATE: November 4, 2013
A. POLICY QUESTION
Should the City of Federal Way approve amendments to the Federal Way Revised Code
(FWRC) to provide definitions for urban agriculture uses and establish development regulations
pertaining to the appropriate siting and character of such uses within the City of Federal Way?
B. BACKGROUND
This section focuses on the definition of "Farmers Market" as follow up to the discussion at the
October 7, 2013 LUTC meeting. For the full background on the development of the proposed Urban
Agriculture regulations, please refer to the Staff Report to the Planning Commission attached to the
Council Agenda Bill.
At the October 7 LUTC meeting, staff presented the proposed code amendments and the Planning
Commission recommendation to approve the proposed amendments with one modification to the
definition of "Farmers Market ". The planning commission directed staff to modify the definition of
farmers market to change the language to read that food - related products shall be the majority of
products for sale, rather than should, and that the definition also specify vendor space be measured by
the overall width of vendor display space.
The Planning Commission- recommended definition is of concern to the Federal Way Farmers Market
managers who expressed their concern during the public comment portion of the LUTC meeting.
Concerns include the fluctuation of vendor mix throughout the course of the year (for example early
and late market dates may have less fresh produce available for sale than the middle of the season).
In addition, the Federal Way Farmers Market also serves as a magnet for community events that
would not necessarily be considered food vendors. Therefore, the market managers don't want a
definition to be adopted that might jeopardize the ability for the farmers market to serve the greater
community demand for support of popular local events.
City Council Committee Staff Report
Urban Agriculture Code Amendment
Meeting Date: November 4, 2013
Page 1
EM16ff C
In order to further consider the concerns raised by the Farmers Market managers in light of the
Planning Commission recommendation, the LUTC passed a motion directing staff to work on
clarifying language for the Farmers Market definition and to bring the item back to the November 4,
2013 LUTC meeting for consideration.
In the weeks following the October 7, LUTC meeting, staff conducted further research on possible
Farmers Market definitions and also held a follow -up meeting with the Farmers Market managers to
discuss their concerns. After further research and discussion, staff has identified further modifications
that could be made to the Planning Commission- recommended definition that would make that
definition more workable for the Federal Way Farmers Market. These modifications include:
• Specifying that the type of products sold would be considered over the course of a calendar
year (as opposed to each day the market is in operation).
• Specifying that in addition to food- related products, the majority of vendors also include
plants, flowers, and hand - crafted arts and craft products to better capture the actual vendor
mix typically found at the Federal Way Farmers market.
• Specifying that the vendor ratio would be calculated based on number of vendors selling
specific products rather than width of saleable space (the market manager keeps information
on who the vendors are each week, but does not keep records on the width/size of vendor
stalls).
• Specifying that community events are not typically counted as market vendors (this would
avoid confusion as to whether community events are to be counted as vendors).
C. RECOMMENDED ACTION
As noted in Section B above, staff took into consideration the LUTC direction and the concerns
expressed by the managers of the farmers market, and then prepared a modification to the definition of
Farmers Market as recommended by the Planning Commission.
STAFF RECOMMENDATION: Staff is recommending the following for the LUTC's consideration:
1. Adoption of the Planning Commission's recommendation as shown in the Draft
Adoption Ordinance with the following modifications to the definition of
"Farmers Market" (further modifications shown in double underline bold font).
"Farmers market" means a temporary (typically outdoor) or permanent (indoor or
outdoor) market where farmers, producers, and other vendors sell whole produce; value -added
agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy
products; shellfish and finfish; and other food - related products. Additionally, some vendors may
sell non - food - related products and services, =The majority of products for sale
throughout the course of the calendar year sheuk1--shall be food- related products. D
flowers, and hand crafted arts and crafts products as determined by the number of vendors
selling said11roducts.. as determined by the Pall "4dth of saleable sonee devoted to sale—of
feed . Entertainment and other community activities may also be provided and
are VVically not considered to he market vendors; however, these activities shall be ancillary in
nature and support the primary purpose of providing a venue for farmers to sell fresh produce and
other agricultural products.
City Council Committee Staff Report Meeting Date: November 4, 2013
Urban Agriculture Code Amendment Page 2
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to urban agriculture; amending FWRC 19.05.010, 19.05.030,
19.05.060, 19.05.160, 19.05.210, 19.140.120, and adding new sections to
FWRC Chapters 19.195, 19.200, 19.205, 19.210, 19.215, 19.220, 19.225,
19.230, 19.235, 19.240, and adding a new chapter to FWRC Division
VII "Supplemental Zoning Regulations ". (Amending Ordinance Nos.
12 -724, 12 -720, 11 -700, 09 -610, 09 -605, 09 -593, 08 -585, 07 -573, 07 -554,
06 -523, 05 -487, 05 -486, 99 -357, and 99 -348)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt amendments to the
FWRC which establish development regulations for urban agriculture within the City of Federal
Way; and
WHEREAS, there is a great deal of community interest in locating urban agriculture uses
including farmers markets, community gardens and pea patches within the City of Federal Way;
and
WHEREAS, the FWRC does not currently define urban agriculture or provide clear
direction on the siting and appropriate development standards for such uses; and
Ordinance No. 13- Page I of 35
Rev 1 /10 LU
WHEREAS, on March 20 2012, the City Council adopted Resolution 12 -617 that
directed staff to develop comprehensive plan and zoning code amendments for City Council
consideration related to urban agriculture; and
WHEREAS, staff applied for and was a awarded a grant from Forterra for technical
assistance with preparing draft comprehensive plan policies and regulations that address urban
agriculture; and
WHEREAS, Forterra staff conducted workshops on urban agriculture policies and
regulations with the public on September 12, 2012, October 15, 2012 and January 8, 2013; and
WHEREAS, on January 15, 2013, the City Council adopted Ordinance 13 -736 that
established comprehensive plan policies related to urban agriculture; and
WHEREAS, the Planning Commission conducted a public workshop on these proposed
code amendments on January 16, 2013; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly
issued for the Proposal on August 30, 2013, and no comments or appeals were received and the
DNS was finalized on September 27, 2013; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on September 18, 2013, and forwarded a recommendation of
approval with modification to the City Council as follows: (1) the definition of Farmers Market
shall be modified to read as follows:
"Farmers market" means a temporary (typically outdoor) or permanent (indoor
or outdoor) market where farmers, producers, and other vendors sell whole produce;
value -added agricultural products such as jams, jellies, and pickles; prepared food; plants;
flowers; meats; dairy products; shellfish and finfish; and other food - related products.
Ordinance No. 13- Page 2 of 35
Rev 1 /10 LU
Additionally, some vendors may sell non - food - related products and services; however,
the majority of products for sale should shall be food- related products as determined by
the overall width of saleable space devoted to sale of food - related products.
Entertainment and other community activities may also be provided; however, these
activities shall be ancillary in nature and support the primary purpose of providing a
venue for farmers to sell fresh produce and other agricultural products.; and
WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council
considered these code amendments on October 7, 2013, and November 4, 2013 and
recommended adoption of the text amendments as recommended by the Planning Commission,
with further modification to the definition of Farmers Market to read as follows.....
"Farmers market" means a temporary (typically outdoor) or permanent (indoor
or outdoor) market where farmers, producers, and other vendors sell whole produce;
value -added agricultural products such as jams, jellies, and pickles; prepared food; plants;
flowers; meats; dairy products; shellfish and fnfish; and other food - related products.
Additionally, some vendors may sell non - food- related products and services. ; hewever-,
the majority of products for sale throughout the course of the calendar veer 013e�A
shall be food - related products, plants, flowers, and hand crafted arts and crafts
produucts as determined by the number of vendors selling said products.- ever-�1
width of saleable waee devoted to stile of food related or-oduets. Entertainment and
other community activities may also be provided and are ftically not considered to be
market vendors; however, these activities shall be ancillary in nature and support the
primary purpose of providing a venue for farmers to sell fresh produce and other
agricultural products.
Ordinance No. 13- Page 3 of 35
Rev 1/10 LU
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by providing predictability in terms of the review process and
applicable regulations that shall apply to the siting of urban agriculture uses within the city
limits.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
Ordinance No. 13- Page 4 of 35
Rev 1/10 LU
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG9 Provide access to healthy food resources for all residents through
opportunities for urban agricultural activities, such as farmers markets, farmstands,
community supported agriculture (CSA) drop -off sites, community gardens, pea
patches, school gardens, home gardens, and urban farms.
LUP51 Establish development regulations that allow for healthy food resources as a
permitted use and provide for on -site sale and delivery of healthy foods, on public
and private property, where appropriate.
LUG10 Encourage and support farmers market opportunities that are accessible to
all residents.
LUP53 Establish development regulations that allow for farmers markets as a
permitted use on public and private property, where appropriate.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because the text amendments clarify that the City of Federal Way is
supportive of urban agriculture uses that increase citizens access to locally grown, healthy foods,
while also increasing educational and economic opportunities associated with developing and
maintaining urban agriculture uses.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because greater availability of locally grown, healthy foods and opportunities
to get involved in local urban agriculture activities will increase residents' access to healthy lifestyle
choices; whether it be access to healthier food and/or access to healthy outdoor activities by participating
in local urban farms and gardens.
Ordinance No. 13- Page 5 of 35
Rev 1 /10 LU
Section 3. FWRC 19.05.010 is hereby amended to read as follows:
19.05.010 A definitions.
"Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property
or structure on that property, without any intention of transferring rights to the property or structure to
another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes
but is not limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure.
"Abandoned personal wireless service facility" means a PWSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or
more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support structure;
or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or
more consecutive days.
"Accessory" means a use or structure which is subordinate and incidental in size, scale, design, or
purpose to the principal use or structure on the subject property, and supports the principal use or
structure without displacing or dominating it. See FWRC 19.265.010.
"Accessory dwelling unit (ADU) " means either a freestanding detached structure, excluding outdoor
storage containers and similar structures used or designed to be used as living facilities, or an attached
part of a structure which is accessory to the main or primary dwelling unit located on the subject property,
providing complete, independent living facilities exclusively for one single housekeeping unit, including
permanent provisions for living, sleeping, cooking and sanitation. See FWRC 19.265.020. ADUs include:
(1) "ADU, attached" means an accessory dwelling unit that has one or more vertical and/or horizontal
walls in common with or attached to the primary dwelling unit.
(2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
"Accessory livingfacility" means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, or for the business
owner /operator and that person's family.
"Active uses " means uses that by their very nature generate activity, and thus opportunities for natural
surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
"Adjoining" means property that touches or is directly across a street from the subject property. For
the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone.
"Administrator" for the purpose of sign regulations means the director or his/her designated
representative.
"Adult entertainment, activity, retail, or use " shall mean all of the following:
(1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons
therein and which excludes minors by virtue of age.
(2) `Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go -go
dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who
are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or
other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which
establishment excludes minors by virtue of age, and shall mean any of the adult entertainment
establishments as defined in FWRC 12.10.010.
Ordinance No. 13- Page 6 of 35
Rev 1 /10 LU
(3) "Panorama" and `peepshow" shall mean as defined in FWRC 12.10.010.
(4) "Adult retail" shall mean a retail establishment which, for money or any other form of
consideration, either:
(a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or
provide for viewing, off the premises, any adult- oriented merchandise; or
(b) Provides, as its substantial stock -in- trade, for the sale, exchange, rental, loan, trade, transfer,
and /or viewing or use, off the premises, any adult- oriented merchandise.
Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the
zone where that term is specifically listed as an allowable use and only in conformance to the
requirements as stated for that use.
"Adult family home " means a residential home for which a person is licensed to provide personal care,
special care, room, and board to more than one, but not more than six, adults who are not related by blood
or marriage to the person or persons providing the services. The number of residents in an adult family
home may be no more than the total of the residents being provided services, plus a family that includes at
least one service provider. Any limitation on the number of residents resulting from this definition shall
not be applied to the extent it would prevent the city from making reasonable accommodations to disabled
persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the
Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the
extent that would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments Act of 1988, to be treated differently than a smaller residential
structure occupied by other related or unrelated individuals. See FWRC 19.105.080.
"Adult- oriented merchandise " shall mean any goods, products, commodities, or other wares,
including, but not limited to, videos, CD -ROMs, DVDs, magazines, books, pamphlets, posters, cards,
periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or
"specified sexual activities" (defined in FWRC 19.05.190).
"Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones. See definition of "urban agriculture."
"Air rights " means the right to control the use of the space above the surface of the ground.
"AKART" means "all known, available and reasonable methods of prevention, control and treatment,"
and is the most current methodology that can be reasonably required for preventing, controlling, or
abating the pollutants associated with a point or nonpoint discharge. See also "best management
practices."
"Alluvium "means soil deposits transported by surface waters.
Animal Care Facility. See definition of "animal kennel."
"Animal kennel" means any structure or premises in which animals are boarded (including day care) or
bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary
items, and related activities.
"Antenna(s) " means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(1) "Omni- directional (or `whip ) antenna(s) " transmits and receives radio frequency signals in a 360 -
degree radial pattern.
(2) "Directional (or panel) antenna(s) " transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
(3) "Parabolic (or `dish ) antenna(s) " is a bowl - shaped device for the reception and/or transmission of
communications signals in a specific directional pattern.
(4) `Ancillary antenna" is an antenna that is less than 12 inches in its largest dimension and that is not
directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
Ordinance No. 13- Page 7 of 35
Rev 1 /10 LU
"Antique" or "collectible" means any article which, because of age, rarity, or historical significance,
has a monetary value greater than its original value, or which has an age recognized by the United States
government as entitling the article to an import duty less than that prescribed for contemporary
merchandise.
"Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies
for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC);
a person who is the owner of property subject to this title, and a person who is engaged, whether
personally or through an agent, in development activity. "Applicant' includes both the principal and any
agent.
"Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a
well or spring.
"Arcade " means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
"Architectural embellishments for sign regulations " means the aesthetic elements of the structure that
includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the
sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements
surrounding or supporting the sign.
"Average building elevation (ABE) " means the average of the highest and lowest existing or proposed
elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five
feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation
from which building height is measured.
"Average slope " means the average grade of land within each land area representing a distinct
topographical change.
"Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not
project above the adjacent parapet or roof of a supporting building.
Section 4. FWRC 19.05.030 is hereby amended to read as follows.
19.05.030 C definitions.
"Canopy" means a permanent, rigid, roof -like structure that projects from a building as a shelter, with
no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting
building. A freestanding canopy is a rigid, roof -like structure providing shelter that is supported by one or
more posts embedded in the ground.
Cargo Containers. See "outdoor storage containers" and "portable moving containers."
"Cell -on- wheels (C -O -W) " means a mobile temporary personal wireless service facility.
Ordinance No. 13- Page 8 of 35
Rev 1 /10 LU
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"Average slope " means the average grade of land within each land area representing a distinct
topographical change.
"Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not
project above the adjacent parapet or roof of a supporting building.
Section 4. FWRC 19.05.030 is hereby amended to read as follows.
19.05.030 C definitions.
"Canopy" means a permanent, rigid, roof -like structure that projects from a building as a shelter, with
no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting
building. A freestanding canopy is a rigid, roof -like structure providing shelter that is supported by one or
more posts embedded in the ground.
Cargo Containers. See "outdoor storage containers" and "portable moving containers."
"Cell -on- wheels (C -O -W) " means a mobile temporary personal wireless service facility.
Ordinance No. 13- Page 8 of 35
Rev 1 /10 LU
"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction with and within boundaries of such cemetery.
"Church, synagogue or other place of religious worship" means an establishment, the principal
purpose of which is religious worship and for which the principal building or other structure contains the
sanctuary or principal place of worship, and which establishment may include related accessory uses.
"Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical
methods.
"Clearview zone " means the areas around intersections, including the entrance of driveways onto
streets, which must be kept clear of sight obstruction. See FWRC 19.135.300.
"College or university" means a post - secondary institution for higher learning that grants associate or
bachelor degrees and may also have research facilities and /or professional schools that grant master and
doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or
certificates of completion in business or technical fields.
"Collocation " means the placement and arrangement of multiple providers' antennas and equipment
on a single support structure or equipment pad area.
"Commercial recreation facility " means an indoor facility and use operated for profit, with private
facilities, equipment or services for recreational purposes including swimming pools, tennis courts,
playgrounds and other similar uses. The use of such an area may be limited to private membership or may
be open to the public upon the payment of a fee.
"Commercial use " means the uses allowed in the commercial zones and the nonindustrial uses
permitted in the commercial enterprise zone and not permitted in any other zones of the city.
"Commercial vehicle" means any truck over 10,000 pounds gross vehicle weight rating (GVWR), as
defined in RCW 46.25.010, which is typically used principally for the transportation of commodities,
vehicles, merchandise, produce, freight, or animals; as well as any bulldozers, backhoes, cranes, or
similar construction equipment.
"Commercial zones" means the BN, BC, CC -C and CC -F zoning districts.
"Common recreational open space usable for many activities " means any area available to all of the
residents of the subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
(1) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
"Common space" means an area within a development, which is used primarily by the occupants of
that development, such as an entryway, lobby, courtyard, outside dining area, etc.
"Community wardens" means privately or publicly owned land used for the cultivation of fruits,
vezetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into
separate plots for cultivation by one or more individuals, or may be farmed collectively by
members of a croup and may include common areas maintained or used by croup members. Food
grown is typically for community garden members or as a donation. See also the definitions for
"agricultural use," "urban agriculture," and "farm stand."
"Community recreation area or clubhouse " means an area devoted to facilities and equipment for
recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and
other similar uses, which area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or geographic area.
"Community service event" or "civic event" means an event or gathering (such as a food fest, concert,
fun run, cultural exhibition, or charitable fund - raising event) sponsored by a private or public nonprofit
organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic
Ordinance No. 13- Page 9 of 35
Rev 1 /10 LU
fraternal organizations, theater and arts groups, and charitable organizations. The event may not be
primarily for the purpose of selling or promoting merchandise or services.
"Comprehensive plan " means the ordinances of the city, as adopted and amended from time to time,
under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.
"Contour line " means the interconnection of points having the same height above sea level.
"Convalescent center" means an inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
"Copy" for signs means the graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
" Cottage food operation" means a business licensed by the State of Washington to make low -risk
food products in a home kitchen and sell directly to consumers.
"Cottage housing development (CHD) " means residential development consisting of clusters of
between four and 16 detached dwelling units, that includes cottages and may include compact single -
family units, and meets the following criteria:
(1) Dwelling units are limited to a maximum square footage; and
(2) Dwelling units are grouped around a common open space; and
(3) Developments meet a set of design criteria not applicable to typical single - family developments as
stipulated in Chapter 19.250 FWRC.
"Critical aquifer recharge areas " means areas in which water reaches the zone of saturation by
surface infiltration and includes areas hydrogeologically susceptible to contamination and contamination
loading potential including, but not limited to, sole water source aquifer recharge areas, special protection
groundwater management areas, wellhead protection areas, and other areas with a critical recharging
effect on aquifers used for potable water.
"Critical root zone " means an area equal to 12 inches radius for every one inch of tree diameter
measured at four and one -half feet above ground.
"Cross- section (drawing) " means a visual representation of a vertical cut through a structure or any
other three - dimensional form.
"Curb cut" means the connection of a driveway with a street, which may entail a structural alteration
to the curb by lowering the height of part of the curb.
"Cut" means a portion of land surface or area from which earth has been removed or will be removed
by excavation. Also known as excavation.
Section 5. FWRC 19.05.060 is hereby amended to read as follows.
19.05.060 F definitions.
"Facade " means the entire building front including the parapet.
"Family" means an individual; a group of not more than five individuals; or two or more individuals
related by not more than four degrees of affinity or consanguinity, including persons under legal
guardianship. Any limitation on the number of residents resulting from this definition shall not be applied
to the extent it would prevent the city from making reasonable accommodations to disabled persons in
order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair
Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the
extent that it would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential
structure occupied by other related or unrelated individuals.
"Family day care " means a business regularly providing care during part of the 24 -hour day to 12 or
fewer persons, including children and /or adults, and the children, if applicable, of the day care provider,
Ordinance No. 13- Page 10 of 35
Rev 1/10 LU
in the family abode of the person or persons under whose direct care those receiving care are placed.
Family day care includes family day care homes for children as defined by RCW 35.63.170 and in -home
day care for adults. See FWRC 19.1.05.070.
"Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor)
market where farmers, producers, and other vendors sell whole produce; value -added agricultural
products such as lams, iellies, and pickles; prepared food; plants; flowers; meats; dairy products;
shellfish and finfish; and other food - related products. Additionally, some vendors may sell non-
food- related products and services. The maiority of products for sale throughout the course of the
calendar year shall be food - related products, plants, flowers, and hand crafted arts and crafts
products as determined by the number of vendors selling said products. Entertainment and other
community activities may also be provided and are typically not considered to be market vendors;
however, these other activities shall be ancillary in nature and support the primary purpose of
providing a venue for farmers to sell fresh produce and other agricultural products.
"Farm stand" means a structure accessory to a community garden, urban farm, or cottage food
operation for the display and sale of vegetables or produce, flowers, orchard products, animal
products, locally produced packaged food products, and similar products grown or produced on
the general property on which the stand is located. See the definitions for "community gardens,"
cottage food operation," and "urban farm."
"Fastfood restaurant" means an establishment which offers quick food service which is accomplished
through one or more of the following mechanisms:
(1) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
"Fence " means a manmade barrier or wall constructed for the purpose of enclosing space or separating
parcels of land.
"Festoons" means a string of ribbons, tinsel, small flags, or pinwheels.
"Fill" means depositions of earth materials by artificial means.
"Fill material" means dirt, rock, gravel, broken concrete, and similar substances used to change the
level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on
the surface of the ground for gardening, landscaping, or ornamental purposes.
"Finished grade " means the final contour of the land surface prior to landscaping.
"Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal,
emblem, or for decoration.
"Flag lot" or "panhandle lot" means a lot in the shape of a flag or pan that is connected to the road or
street right -of -way by a narrow strip of land. The narrow strip of land connecting the main portion of the
lot to the road or street right -of -way is the "flag pole" or "access panhandle" part of the lot.
"Floor" means the horizontal surface inside a structure designed and intended for human use and
occupancy.
"Floor area" means the total area of a building floor plate in gross square feet.
"Frontage of a property" means the length of the property line along any public right -of -way on which
it borders. "Frontage of a building" means the length of an outside building wall on a public right -of-
way.
Ordinance No. 13- Page 11 of 35
Rev 1/10 LU
Section 6. FWRC 19.05.160 is hereby amended to read as follows.
19.05.160 P definitions.
"Panhandle lot " means flag lot.
"Parking area" means any area designed or used for parking vehicles.
"Parking space " means an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use.
"Parking structure " means a building or structure consisting of more than one level, above and/or
below ground, and used for temporary storage of motor vehicles.
"Pea patch warden" see the definition for "community gardens."
"Personal wireless service facility (PWSF) " means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
"Personal wireless services " means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defined by federal laws and regulations.
"Plaza" means a pedestrian space that is available for public use and is situated near a main entrance
to a building or is clearly visible and accessible from the adjacent right -of -way. Typical features and
furnishings include special paving, landscaping, pedestrian -scale lighting, seating areas, weather
protection, water features, art, trash receptacles, and bicycle racks.
"Portable moving containers " means new or used prefabricated units that can be rented by residential
or business customers for temporary accessory moving and storage activities, including, but not limited
to, such products trademarked as "PODS" (Personal on Demand Storage), "SAM" (Store and Move), and
"Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary
loading period, then retrieved by truck and delivered to another location, which may include a storage
facility. See FWRC 19.275.020.
"Preapplication conference " means a meeting, between an applicant and members of the development
review committee, which is held prior to formal application, during which the project is discussed relative
to pertinent codes and regulations.
"Primary vehicular access " means the street, vehicular access easement, or private tract from which
the majority of vehicles enter the subject property.
"Principal use " means the primary or predominant use of any lot or parcel.
"Private club " means an association of persons organized for some common purpose, but not
including groups organized primarily to sell merchandise or render a service which is customarily carried
on as a business.
"Property line " means those lines enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adjacent to a primary vehicular access. If the
subject property is adjacent to more than one primary vehicular access, the applicant shall designate
which of the adjacent property lines is the front property line and the remainder of such adjacent property
lines will be considered as either a rear property line or side property line, based on the definition in this
section, except the property line adjacent to an arterial or primary collector shall not be designated as a
primary vehicular access.
(2) For flag lots, the yard setbacks shall be applied per the following graphic:
Ordinance No. 13- Page 12 of 35
Rev 1 /10 LU
(3) The rear property line is any property line that is farthest from, and essentially parallel to, the front
property line.
(4) The side property line is any property line other than a front property line or a rear property line.
"Public park" means a natural or landscaped area, provided by a unit of government, to meet the
active or passive recreational needs of people.
"Public space " means a passive or active recreational area designed specifically for use by the general
public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens,
plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and
may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas
Ordinance No. 13- Page 13 of 35
Rev 1 /10 LU
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(3) The rear property line is any property line that is farthest from, and essentially parallel to, the front
property line.
(4) The side property line is any property line other than a front property line or a rear property line.
"Public park" means a natural or landscaped area, provided by a unit of government, to meet the
active or passive recreational needs of people.
"Public space " means a passive or active recreational area designed specifically for use by the general
public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens,
plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and
may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas
Ordinance No. 13- Page 13 of 35
Rev 1 /10 LU
and available to the public at least 12 hours each weekday. Public on -site open space may be privately
owned, but must be permanently set aside and maintained for the use and benefit of the public.
"Public utility" means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such services
shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and freight. The term also includes broadcast towers, antennas and related
facilities operated on a commercial basis.
"Public works director " means the director of the department of public works of the city.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code
2001 § 22- 1.16.)
Section 7. FWRC 19.05.210 is hereby amended to read as follows.
19.05.210 U definitions.
"Urban agriculture" is an umbrella term encompassing a wide range of activities involving the
raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses
include: community gardens, urban farms, cottage food operations, farm stands, and farmers
markets See also the definitions for "agricultural use," "community gardens," "cottage food
operation," "farm stand," and "farmers market."
"Urban farm" means privately or publicly owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary
purpose of•growing food for sale.
"Use" means the activities taking place on property or within structures thereon. Each separate listing
under the "Use" column in FWRC 19.195.010 through 19.245.010 is a separate use.
Ordinance No. 13- Page 14 of 35
Rev 1 /10 LU
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Section 19. Title 19, Division VII, Supplemental Zoning Regulations, of the Federal Way
Revised Code is hereby amended to add a new chapter 19.262 to read as follows:
Chapter 19.262, "Urban Agriculture "'
Sections:
19.262.010 Purpose.
19.262.020 Applicability.
19.262.030 Community gardens and urban farms.
19.262.040 Farmers markets.
19.262.050 Farm stands.
19.262.060 Cottage food operations.
19.262.070 Accessory structures.
19.262.080 On -site sale of urban agriculture products.
19.262.010 Purpose.
The purpose of this chapter is to: (1) support urban agriculture uses, including community
gardens, urban farms, farmers markets, farm stands, and cottage food operations; (2) provide
opportunities for Federal Way residents to access locally produced healthy foods; (3) increase local
food security; (4) reduce greenhouse gas production related to transport of fresh produce from
distant locations; (5) provide additional economic opportunities for Federal Way citizens; and (6)
ensure that urban agriculture uses are compatible with surrounding land uses.
19.262.020 Applicability.
This chapter establishes special regulations that govern urban agriculture. Urban agriculture
uses include community gardens, urban farms, farmers markets, farm stands, and cottage food
operations as defined in FWRC 19.05. Urban agriculture does not include landscaping or gardening
that is incidental to any permitted use. In recognition of site - specific opportunities and constraints,
the director shall have the authority to allow for departure from the specific or numeric provisions
contained in these regulations, provided the end result is consistent with the purpose statement of
this chapter.
19.262.030 Community gardens and urban farms.
(1) Community garden and urban farm uses are permitted in any zone.
a. Applicants for community garden and urban farm uses shall submit a community
garden /urban farm management plan for director approval that addresses the potential impacts on
surrounding uses and natural systems and includes the following:
L Off - street parking, if applicable;
ii. Garden /farm management rules that will govern
garden /farm users and /or employees;
iii. Location, size, and type of any proposed accessory
structures;
iv. Processing and /or sale of food produced on site;
v. Storage and application of agricultural chemicals, including
fertilizers and pesticides, and a hazardous material
Ordinance No. 13- Page 31 of 35
Rev 1 /10 LU
checklist if site is located within a designated wellhead
protection zone;
A. Location and plans for composting facilities;
vii. Mechanical equipment to be used on site;
viii. Stormwater management; and
ix. Soil testing if site is located within area designated as
potentially contaminated at greater than 20 parts per
million (ppm) by the Tacoma smelter plume.
b. Written notice shall be provided by mail for community garden and urban agriculture
uses that are larger than 10,000 square feet in size and located within a residential zoning district,
to persons receiving property tax statements for all properties within 300 ft. of each boundary of
the subiect property. The notice shall contain the following information:
i. The name of applicant and, if applicable, the proiect name.
ii. The street address of the subiect property, or if this not
available, a description of the location of the property in
nonlegal language, along with a vicinity map that identifies
the subiect property.
iii. A statement of the right of any person to submit written
comments to the director regarding the application within
14 days of the date of the notice.
iv. A statement that only the applicant, persons who submit
written comments to the director, or persons who
suecifically request a copy of the original decision may
appeal the director's decision.
c. The director shall approve the proposed community garden /urban farm use upon
finding that the proposal adequately addresses the followine criteria:
i. The proposed use does not negatively impact sensitive areas
on or adiacent to the subiect site,
ii. The proposed use will not result in excessive noise or
emissions that are not typically associated with operation of
household mechanical equipment;
iii. Applicable provisions of FWRC Chapter 19.120 "Clearing,
Grading, and Tree and Vegetation Retention' are
addressed;
iv. On -site parking needs, if any, are addressed; and
v. On -site contaminated soils, if any, are addressed.
d. The director may condition or modify the community garden /urban agriculture
proposal as necessary to ensure the above criteria are met.
Ordinance No. 13- Page 32 of 35
Rev 1 /10 LU
19.262.040 Farmers markets.
(1) Farmers markets are permitted as a temporary use in all zones subject to the requirements
of FWRC Chapter 19.275, "Temporary Uses."
(2) Farmers markets are permitted as a permanent use in all non - residential zones that allow
retail use.
19.262.050 Farm stands.
(1) Farm stand uses are permitted in any zone as an accessory use to any permitted urban
agriculture use for the purpose of on -site sale of urban agricultural products subject to the
following criteria:
a. Farm stands are limited to 200 square feet in area and shall be no more than 15 ft. in
height.
b. No more than one farm stand shall be permitted on a subject site.
c. Farm stands shall be designed to be temporary and portable structures and shall not be
permanently affixed to the ground.
d. See FWRC 19.262.080 for requirements related to on -site sale of urban agriculture
products.
19.262.060 Cottage food operations.
(1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted
use subject to the following criteria:
a. Cottage food operations shall adhere to the requirements of RCW 69.7.100 and RCW
69.07.120.
b. Cottage food operations shall adhere to the requirements of FWRC 19.270 "Home
Occupations."
19.262.070 Accessory structures.
Accessory structures supportive of the urban agriculture use are allowed on the subject
Property subject to the following regulations:
(1) Structures that are considered accessory to urban agriculture uses include greenhouses and
sheds, and similar structures as determined by the director. Structures like hoophouses and
coldframes that are less than six ft. tall and are portable, not affixed to a foundation, and have no
floor, are typically not considered structures under this section. (See FWRC 19.262.050 for
requirements specific to "farm stands. ")
(2) Accessory structures in residential zoning districts must adhere to the following
requirements:
a. The cumulative site area occupied by accessory structures supportive of urban
agriculture shall not occupy more than ten percent of the lot area, or 1,000 square feet, whichever is
less.
b. Accessory structures supportive of urban agriculture shall be equal to or less than 15 ft.
in height.
Ordinance No. 13- Page 33 of 35
Rev 1 /10 LU
19.262.080 On -site sale of urban agriculture products.
(1) On -site sale of urban agriculture products at community garden or urban farm sites is
limited to plants and food grown on site, or food products made from food grown on site, such as
lams and pickles.
(2) On -site sale of urban agriculture products in residential zoning districts taking place via
farm stands must adhere to the following requirements:
a. On site sales are limited to the calendar period between May 1 and October 31.
b. On -site sales are limited to the hours of 8 am to 7 pm.
c. Commercial pickups and deliveries are limited to one a day.
(3) A business registration may be required per the requirements of Title 12, FWRC. In
_general, business registration for on -site sale of urban agriculture products shall apply as follows:
a. An applicant for an on -site sales use that meets the parameters of FWRC 19.275 may
apply for a temporary business registration.
b. An applicant for an on -site sales use associated with a principal residential use may
apply for a home occupation business registration.
Section 20. 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 21. 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 22. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 23. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
Ordinance No. 13- Page 34 of 35
Rev 1 /10 LU
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 13-
Page 35 of 35
Rev 1/10 LU
41k
CITY OF �P
Federal Way
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way Revised Code (FWRQ as follows:
Chapter19.05, "Zoning and Development in General," and Chapter 19.140,
"Signs, "; a new Chapter within Division VII, "Supplemental Development
Regulations," and New Urban Agriculture Use Zone Charts for Each of the
Existing Zoning Districts
File No. 13-100902-00-UP
Public Hearing of September 18, 2013
I. BACKGROUND
This staff report presents recommended amendments to the Federal Way Revised Code (FWRC) for
urban agriculture uses that are currently found, or likely to be sited, within the City of Federal Way.
It also provides background information on earlier work done regarding urban agriculture and
access to healthy food in Federal Way through the Communities Putting Prevention to Work
(CPPW) grant in 2010 -2012, and the technical assistance provided by Forterra via the
Environmental Protection Agency's (EPA) Building Sustainable Communities grant.
There is currently no reference to urban agriculture in the FWRC. Therefore, whether or not land use
review is required and the type of land use review process associated with proposed urban
agriculture uses has been interpreted on a case -by -case basis. Staff has been working with Forterra
and Urban Food Link on review of our current code and the development of recommendations for
regulating urban agriculture uses in Federal Way.
What do we mean by "urban agriculture "? The following graphic was adopted along with 2013
policy amendments to the Federal Way Comprehensive Plan (FWCP) and illustrates the various
types of land use activities that can be characterized as urban agriculture.
Urban Agriculture
in Federal Way
Comt»tlrt0.y Sritiool
rdens gardens
Fiume
�rdens
Pea- Urban
patches farms
Farmstarxls
Fatrrfets
markets
Comm
processing
CSAdrop-
off sties
The primary issues being considered in the proposed amendments to Federal Way development
regulations include:
• The FWRC does not contain a definition of "urban agriculture," or any of the
associated land use activities.
• The use zone charts in FWRC Title 19 do not specify "urban agriculture," or any of
the associated land use activities as a permitted use in any of the zones (the Suburban
Estates [SE] zone currently allows commercial agriculture, which is an entirely
different type and scale of agricultural use).
• Some, but not all, urban agriculture uses may have development characteristics such
as parking, noise, stormwater impacts, or signage, which need to be considered in
review of such uses.
• What is appropriate in residential as compared with commercial zones should be
given consideration.
EXISTING URBAN AGRICULTURE IN FEDERAL WAY
The graphic on the preceding page shows the types of urban agriculture that exist or are likely to be
proposed in Federal Way. The following is a summary of existing urban agriculture uses found in
Federal Way.
Home Gardens: Home gardens are simply private residential gardens where food is being grown
for the use of the residents. These gardens can be found throughout the city's residential areas and
are nottwill not be regulated. Home gardens are allowed as an accessory use to a residential use
without any land use permit. Therefore, home gardens are not specified in the proposed code
amendment.
Community Gardens and School Gardens: Community gardens have been getting a great deal
of attention in Federal Way. With the formation of the Federal Way Community Gardens
Foundation, and in particular the guidance of CEO Mike Stanley, two large community gardens and
a number of smaller elementary school gardens have been developed and are- providing healthy
organic produce for Federal Way's low income residents. The success of these gardens has inspired
other groups to develop community gardens, for example, the Light of Christ Community Garden
that celebrated its first harvest season in 2012.
School gardens have been developed at a number of Federal Way elementary schools in partnership
with the Federal Way Community Gardens Foundation as discussed above. The Federal Way
Community Gardens Foundation is working with the school district on an ongoing basis to expand
the gardens to additional schools throughout the district.
Farmers Markets: The Federal Way Farmers Market is a successful and popular seasonal
Saturday market located in the City Center. The Farmers Market is looking at options to expand
locations and/or days of the week and also operated a holiday market indoors at the Commons Mall
during the 2012 holiday season.
EXISTING REGULATIONS RELATED TO URBAN AGRICULTURE
The FWRC is largely silent on urban agriculture as a land use. There is one reference to
commercial agriculture in the Suburban Estates (SE) zoning district, which is the city's large, rural
lot zone with a minimum lot size of five acres. The type of agriculture use considered for the SE
zone is more typical of what would be found in rural areas, with consideration of the use of farm
equipment and more emphasis on the keeping of animals than typically found in urban areas.
Urban Agriculture Staff Report Page 2
Planning Commission Public Hearing September 10, 2013
Farmers markets are referenced in the FWRC as a permitted temporary use. This has worked rather
well for the Federal Way Farmers Market in its current operation model as it meets the parameters
of a temporary use. However, the Federal Way Farmers Market could take on a permanent
character as many do in other cities.
CPPW GRANT- FUNDED FOOD ACCESS STUDY
In the spring of 2010, the City of Federal Way received grant funding from Public Health Seattle -
King County through the Federal Center for Disease Control's Communities Putting Prevention to
Work (CPPW) program. The work under this grant resulted in the development of a report entitled
"The Food Landscape in Federal Way, Washington" by Urban Food Link and the University of
Washington Northwest Center for Livable Communities. This study examined the number and
location of healthy food vendors (supermarkets, grocery stores, farmers markets) and unhealthy
food vendors, (fast food, convenience stores). Some of the key findings included:
• Federal Way has almost four times as many unhealthy as health food vendors.
• Over 85% of the city's geographic area is greater than %2 mile from a supermarket.
• There are some areas with a high percentage of low income residents who do not live
within walking distance of a supermarket, making access to healthy food more
difficult for those residents, especially if they do not own a car.
• Federal Way has a higher rate of obesity and other health- related issues than King
County as a whole.
The recommendations of the Food Landscape Report were shared with the Planning Commission
and City Council. The City Council adopted Resolution 12 -617 in March 2012 that directed staff to
develop draft comprehensive plan and zoning code amendments for City Council consideration that
apply the recommendations of CPPW grant - funded study related to urban agriculture.
THE EPA BUILDING SUSTAINABLE COMMUNITIES CONSORTIUM GRANT
Within a few months of completing work on the CPPW grant- funded program, planning staff
learned of the opportunity to apply to Forterra for assistance with furthering the work of the CPPW
grant on healthy food access and urban agriculture in particular. We applied for the technical
assistance grant provided by Forterra staff through the EPA's Building Sustainable Communities
Consortium program. Federal Way was one of six communities to receive grant resources through
Forterra and the EPA - funded program. This has been a great opportunity for Federal Way as
without the assistance of Forterra, we would not have had the resources to advance work on the
comprehensive plan policy and regulations related to urban agriculture in 2012/13.
Community Outreach and Input
Forterra staff conducted workshops on urban agriculture policies and development regulations with
the public on September 17, 2012, October 15, 2012, and January 8, 2013, and reached out to
citizens representing the Farmers Market, Community Gardens, interested individuals, and elected
and appointed officials. The workshops were very interactive with a great deal of discussion
amongst workshop participants.
Development and Adoption of Urban Agriculture Policies for the Comprehensive Plan
The first product of the work with Forterra under the EPA grant was the development of urban
agriculture policies for the comprehensive plan. These policies were reviewed by the Planning
Commission and adopted by the City Council on January 15, 2013.
Urban Agriculture Staff Report Page 3
Planning Commission Public Hearing September 10, 2013
Development of Recommended Strategies for Regulations
Following preparation of draft Urban Agriculture Policies, Forterra and their subconsultant Urban
Food Link turned their attention to review of our existing development regulations. The result of
that review was a series of recommendations that were the subject of a study session with the
Planning Commission in January of 2013. Prior to the Planning Commission study session, the
recommendations were shared in public workshops facilitated by Forterra with the same group of
interested parties who participated in the policy development workshop.
The Planning Commission reviewed and provided comment on the recommended code amendments
that have been considered in development of the proposed code language contained in attached
Exhibits A -D. One of the comments was a request to not specifically define home gardens as an urban
agriculture use as they are outright permitted uses customarily found in association with residential
and, in certain cases, commercial uses. In addition, the consensus of the Planning Commission was to
keep the regulations simple and straight forward. The Planning Commission is being asked to review
the proposed changes to FWRC Title 19 (Exhibits A -D), and forward a recommendation to the City
Council's Land Use/Transportation Committee (LUTC) and City Council. This proposed code
revision was listed as a "High Priority" in the Planning Commission's 2012 and 2013 work program.
II. SUMMARY OF PROPOSED CODE AMENDMENTS
The proposed amendments to the FWRC Title 19, "Zoning and Development Code," would achieve
the following:
• Add definitions for various types of urban agriculture uses within FWRC Chapter 19.05.
• Add a new code section in FWRC Division VII "Supplemental Zoning Regulations" that
specifies requirements for reviewing and approving urban agriculture uses.
• Add "Urban Agriculture" use zone charts for each of the existing zoning districts in the city.
• Amend Table I and Table 2 of FWRC Chapter 19.140 "Signs" to allow for identification
signs for urban agriculture uses as appropriate.
The following sections provide summaries of each of the proposed code amendments. The
proposed text is enclosed in Exhibits A -D.
1. Adopt zoning code definitions for the following:
• Urban Agriculture (overarching definition under which the following definitions
would fall)
• Community Garden (this definition would also include what are typically
referred to as "pea- patches")
• Urban Farm
• Farmers Market
• Farm Stand
• Cottage Food Operation
The following table contains the recommended definitions:
Urban Agriculture Staff Report Page 4
Planning Commission Public Hearing September 10, 2013
Table 1. Urban Agriculture Definitions
Term
Definition
Urban
Is an umbrella term encompassing a wide range of activities involving the
Agriculture
raising, cultivation, processing, marketing, and distribution of food. Urban
agriculture land uses include: community gardens, urban farms, cottage food
operations, farm stands, and farmers markets. See also definitions for
"agricultural use," "community gardens," "cottage food operation," "farm
stand," and "farmers market." (Reference Exhibit A5)
Community
Means privately or publicly owned land used for the cultivation of fruits,
Gardens
vegetables, plants, flowers, or herbs by multiple users. Community gardens may
be divided into separate plots for cultivation by one or more individuals, or may
be farmed collectively by members of the group and may include common
areas maintained for use by group members. Food grown is typically for
community garden members or as a donation. See also definitions for
"agricultural uses," "urban agriculture," and "farm stands." (See Exhibit A2)
Pea Patch
See definition for "community garden." (See Exhibit A4)
Garden
Urban Farm
Means privately or publicly owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by an individual, organization, or business
with the primary purpose of growing food for sale. (See Exhibit A5)
Farmers Market
Means a temporary (typically outdoor) or permanent (indoor or outdoor) market
where farmers, producers, and other vendors sell whole produce; value -added
agricultural products such as jams, jellies, and pickles; prepared food; plants;
flowers; meats; dairy products; shellfish and finfish; and other food - related
products. Additionally, some vendors may sell non - food - related products and
services; however, the majority of products for sale should be food - related
products. Entertainment and other community building activities may also be
provided; however, these other activities shall be ancillary in nature and support
the primary purpose of providing a venue for farmers to sell fresh produce and
other agricultural products. (See Exhibit A3)
Farm Stand
Means a structure accessory to a community garden, urban farm, or cottage
food operation, for the display and sale of vegetables or produce, flowers,
orchard products, animal products, locally- produced packaged food products,
and similar products grown or produced on the general property on which the
stand is located. See definitions for "community gardens," cottage food
operation," and "urban farm." (See Exhibit A3)
Cottage Food
Means a business licensed by the State of Washington per WAC 16.149 to
Operation
make low -risk food products in a home kitchen and sell directly to consumers.
(See Exhibit A2)
2. Modify existing "Tables of Sign Allowances" in FWRC 19.140.120 to allow identification
signs for urban agriculture uses.
Signage is important for identification, and in some cases, educational purposes. During the
development stages of the proposed code amendments, the need for signs was discussed with
representatives of the Federal Way Farmers Market and Federal Way Community Gardens
Foundation. In order to meet the needs of urban agriculture uses to communicate their location
to interested citizens, the following modifications to the FWRC are proposed:
Urban Agriculture Staff Report Page 5
Planning Commission Public Hearing September 10, 2013
a. Modify existing Table 1 to add "Farmers Market" to the existing category of "Civic event,
or community service event," to allow both temporary and permanent signs subject to
existing standards for these types of uses. (See Exhibit B1)
b. Modify existing Table 2 to allow for signage for urban agriculture uses in residential zones
similar to the types of signs allowed other community -based uses typically found in
residential zones such as parks, schools, day cares, preschools, and places of worship. (See
Exhibit B2)
3. Modify existing use zone chart for "Raising of Agricultural Crops" in the Suburban
Estates (SE) zone to add urban agriculture uses to list of permitted uses in this zone and
add new use zone charts entitled "Urban Agriculture" for all remaining zoning districts.
The table below summarizes what types of urban agriculture uses would be allowed in existing
commercial and residential zones in Federal Way.
Table 2. Urban Agriculture in Federal Way Zoning Districts
Type
Commercial
Residential
Notes
Zones
Zones
Community
P
P
1. Community gardens proposed in
Garden
(see note 1)
residential zones that exceed 10,000
square feet shall be required to
provide public notice to neighboring
property owners.
Urban Farm
P
P (see note 1)
1. Urban farms proposed in residential
zones that exceed 10,000 square feet
shall be required to provide public
notice to neighboring property
owners.
Farmer's
P (see note 1)
P (see note 2)
1. Permitted in commercial zones that
Market
allow retail use.
2. Allowed as a temporary use per
FWRC 19.275, "temporary uses."
Farm Stand
P -A (see note 1)
P -A (see note 1)
1. Allowed as an accessory use to
community garden, urban farm, and
cottage food operations.
Cottage Food
P -A
P -A (see note 1)
1. By state law, these uses are to be
Operation
(see notes land 2)
considered as and comply with local
home occupation standards, as well
as state health standards.
2. In commercial zones, these uses
would typically only be proposed as
accessory to existing residential uses.
Key: P = "permitted "; P -A = "permitted as an accessory use"
In addition to the above, the use zone charts provide special notes that address the following:
Urban Agriculture Staff Report Page 6
Planning Commission Public Hearing September 10, 2013
• Community garden and urban farm proposals will be reviewed utilizing "Process I"
administrative review, and public notice will be required in cases where gardens /farms
greater than 10,000 square feet are proposed in residential zones.
• Parking needs, if any, will be determined on a case -by -case basis.
• Height limits and setbacks for community gardens and urban farms varies by zoning
district, but will be similar to other uses typically allowed in the respective zoning district.
• Community garden and urban farm planting areas may be located within required yards and
perimeter planting areas as long as the intent of the landscaping standards for the zoning
district is met.
• See Exhibits Cl through C10 for detailed specific recommended development standards
proposed for urban agriculture uses in each zoning district.
4. Add a new chapter to FWRC Title 19 Division VII, "Supplemental Zoning Regulations,"
entitled "Urban Agriculture."
Development regulations and procedural requirements specific to urban agriculture are proposed
to be located in a new chapter of the FWRC under the "Supplemental Zoning Regulations"
section. This code section is referred to in each of the proposed new "Urban Agriculture" use
zone charts. This section of the code provides a direct point of access to the development
regulations specific to a particular use of land and is where one can find regulations related to
the keeping of animals, home occupations, and temporary uses, for example.
The following are proposed elements of the urban agriculture supplemental development
regulations:
1. Community gardens and urban farm uses will submit a management plan that addresses
general operational standards including:
a. Proposed equipment and chemical usage;
b. Off -street parking if applicable;
c. Garden/farm rules for users and/or employees;
d. Location and plans for composting facilities;
e. Stormwater management;
f. Soil testing if the site is located within the area impacted by the Tacoma smelter
plume; and
g. Neighborhood notice if the proposed garden/farm is located in a residential zone
and is larger than 10,000 square feet.
2. Farm stands will be limited to no more than one per site, no more than 200 square feet,
and must be temporary and portable.
3. Cottage food operations must adhere to existing home occupation standards.
4. Accessory structures such as greenhouses and sheds are limited in size and square
footage in residential zoning districts.
5. On -site sales of urban agriculture products is allowed subject to limitations on hours,
calendar dates, and number of commercial deliveries/pick up when located in residential
zones.
In summary, the proposed supplemental development regulations for urban agriculture uses
place greater limitations on the operational and physical characteristics when located in
residential zoning districts. This is recommended in order to ensure that the residential nature of
existing neighborhoods in not negatively impacted by noise, odor, stormwater runoff, or traffic
that could potentially be generated by an urban agriculture use.
Urban Agriculture Staff Report Page 7
Planning Commission Public Hearing September 10, 2013
III. PROCEDURAL SUMMARY
9/30/13: Public Notice of 9/18/13 Planning Commission public hearing published and posted.
9/30/13: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA).
9/13/13: End of SEPA comment period.
9/27/13: End of SEPA appeal period.
IV. PUBLIC COMMENTS
No comments were received as a result of the public notice actions as of the date of this report.
In addition to the required public notice measures outlined in Section III above, Forterra conducted
a stakeholder meeting on September SO to discuss the proposed draft code amendments with
interested citizens. Staff attended that meeting to receive input on the draft code amendments and
answer any questions citizens had on the proposed regulations. Overall, citizen response to the draft
code amendments was positive, and the Planning Commission should anticipate that there will be
citizens in attendance at the public hearing to speak to the proposed code amendments.
V. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning
code text amendments. Consistent with Process VI review, the role of the Planning Commission is
as follows:
1. To review and evaluate the proposed zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meet the criteria established
in FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments.
VI. DECISIONAL CRITERIA
FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section
analyzes compliance of the proposed zoning text amendments with the criteria provided by this
chapter. The city may amend the text of the FWRC only if it finds that:
1. The proposed amendments are consistent with the applicable provisions of the
comprehensive plan.
The proposed FWRC text amendments are consistent with the following Federal Way
Comprehensive Plan (FWCP) policies and goals:
Urban Agriculture Staff Report Page 8
Planning Commission Public Hearing September 10, 2013
Goal
LUG9 Provide access to healthy food resources for all residents through opportunities for
urban agricultural activities, such as farmers markets, farmstands, community supported
agriculture (CSA) drop -off sites, community gardens, pea patches, school gardens, home
gardens, and urban farms.
Policy
LUP51 Establish development regulations that allow for healthy food resources as a permitted
use and provide for on -site sale and delivery of healthy foods, on public and private property,
where appropriate.
Goal
LUG 10 Encourage and support farmers market opportunities that are accessible to all
residents.
Policy
LUP53 Establish development regulations that allow for farmers markets as a permitted use on
public and private property, where appropriate.
2. The proposed amendments bear a substantial relationship to public health, safety, or
welfare.
The proposed FWRC text amendments bear a substantial relationship to the public health, safety,
and welfare because the text amendments will clarify that the City of Federal Way is supportive
of urban agriculture uses that increase citizens access to locally grown, healthy foods, while also
increasing educational and economic opportunities associated with developing and maintaining
urban agriculture uses.
3. The proposed amendments are in the best interest of the residents of the city.
The proposed FWRC text amendments are in the best interest of the residents of the city because
greater availability of locally grown, healthy foods and opportunities to get involved in local
urban agriculture activities will increase residents' access to healthy lifestyle choices; whether it
be access to healthier food and/or access to healthy outdoor activities by participating in local
urban farms and gardens.
VII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the following
amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to
the Land Use /Transportation Committee (LUTC) and City Council.
1. Modifications to FWRC 19.05 "Zoning and Development in General" and 19.140.120 "Tables
of Sign Allowances'; modifications to existing "Raising of Agricultural Crops" use zone chart
for SE zone and new use zone charts for Urban Agriculture in all existing zoning districts; and
the addition of FWRC 19.262, "Urban Agriculture" as identified in Exhibits A -D.
Urban Agriculture Staff Report Page 9
Planning Commission Public Hearing September 10, 2013
VIII. PLANNING COMMISSION ACTION
Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take
the following actions regarding the proposed development code text amendments:
1. Recommend to the City Council adoption of the FWRC text amendments as proposed;
2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of
the FWRC text amendments as modified;
3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or
4. Forward the proposed FWRC text amendments to the City Council without a recommendation.
Eximrrs
Exhibit Al A5 — FWRC 19.05.010, 19.05.030, 19.05.060, 19.05.160, and 19.05.210: Modifications
to "A, C, F, P, and U Definitions"
Exhibit BI -B2 — FWRC 19.140.120, Modifications to "Tables of Sign Allowances"
Exhibit CI -C10 —FWRC 19.195.030 Modifications to, "Raising agricultural crops," in the SE zone
and new use zone charts for urban agriculture in all other existing zoning districts
Exhibit D — FWRC Division VII, New Chapter in Division VII, "Supplemental Zoning
Regulations"
K:\2012 Code Amendments \Urban Agriculture\Planning Commission \091813 Public Hearing Memo
Urban Agriculture Staff Report Page 10
Planning Commission Public Hearing September 10, 2013
CITY OF FEDERAL WAY
PLANNING COMMISSION
September 18, 2013 City Hall
7:00 p.m. Council Chambers
MEETING Ml'fMS
Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Sarady Long, Wayne Carlson, and
Tim O'Neil. Commissioners absent: Lawson Bronson (excused). Staff present: Planning Manager Isaac
Conlen, Senior Planner Janet Shull, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith,
and E. Tina Piety, Administrative Assistant II.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of June 24, 2013, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
None
COMMISSION BUSINESS
PUBLIC HEARING Proposed Zoning Code Amendments Related to Urban Agriculture
Senior Planner Shull delivered the staff report. She noted that Skye Schell with Forterra (the non - profit
agency representative who worked on the project with the city) is in the audience, along with a number of
citizens who will be giving public testimony. She also noted that staff (and Forterra) has taken into
consideration and inputted Planning Commissioner's comments /suggestions from the January 16, 2013,
study session on this topic.
Senior Planner Shull went over the background and overall goals of the proposed amendments. The
overall goals include implementing policies to support access to healthy food and to be responsive to
community interest in growing food for health, education, and economic benefit. A summary of the
proposed amendments is as follows:
1. Provide definitions for urban agriculture uses.
2. Amend the existing sign tables to include urban agriculture uses to allow for permanent
and temporary identification/informational signs.
3. Amend the existing Suburban Estates (SE) use zone chart and add new use zone charts
allowing urban agricultural uses in each existing zone.
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Planning Commission Minutes Page 2 September 18, 2013
4. Add a new section to Federal Way Revised Code (FWRC) Title 19 Division VII,
"Supplemental Zoning Regulations" (which is where one can find regulations related to
the keeping of animals, home occupations, and temporary uses) with regulations and
procedural requirements specific to urban agriculture.
The meeting was opened for Public Testimony.
Jim Cox, Project Manager (with his wife) of the Light of Christ Community Garden — He stated
the purpose of the Light of Christ Community Garden is to provide food to the community and to
bring people together to help one another. They have had some 300 different people (varying in
age from 3 to 83 years) volunteer in the garden. There are people there every day volunteering.
He described one man from the Ukraine for whom the garden is a very special place and who is
there two or three times a day. They produced some 3000 pounds of food this year for donations.
They support Fusion, Mitchell Place, Reach Out, and the Multi - Service Center, among others. All
people, no matter their faith (or lack thereof) are welcome to volunteer to work in the garden. The
garden meets genuine needs and it almost did not happen. When they went to the city for permits,
the city did not have any regulations for community gardens. The proposed amendments would
make the process easier for future applicants.
Maria Brememan — She supports the proposed amendments. She stated they clarify the code and
remove ambiguity and barriers. They are practical and supportive of urban agriculture.
Skye Shell, Forterra — He is excited the proposed amendments are moving forward Forterra has
been working with the city for about a year on this project. The proposed amendments will not
only create access to healthy food, but will provide opportunity for economic development and
small businesses.
Karla Kolibab, Federal Way Farmer's Market— She stated that not having permanent signage is
a problem for the Farmer's Market. Currently they are allowed only temporary signs during the
day of the market. Having a permanent sign would let more people know about the market and
potentially bring more people to the market.
Chair Pfeiffer stated that the Farmer's Market has moved a number of times since they started.
Would this not be a problem if they have a permanent sign? Ms. Kolibab replied they are working
with the Commons Mall on an agreement that would allow them to stay where they are for a
number of years.
Rose Ehl, Federal Way Farmer's Market — She stated the Federal Way Farmer's Market provides
fresh produce and plants /flower, arts & crafts, and processed food; in addition, a master gardener
is available. They host a number of community events and are a venue for WIC and senior
assistance. They have discussed a permanent sign with city staff and the plan is to locate it at the
corner of 320 and Pacific Highway South. They would also have to have clearance from the
Commons Mall. They hope to have a permanent sign for next year.
Public Testimony was closed.
Commissioner Carlson thanked staff for their work and said the proposed amendments are clear and well
written. On page 7 of the staff report in item If it talks about soil testing for sites impacted by the
Tacoma smelter plume. How much of the city is affected? What percentage of the city would have to do a
soil test? Senior Planner Shull replied that she does not know the specifics, but according to a map the
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area primarily affected is a strip on the western edge of the city. She stated staff has talked to Washington
State Ecology about this issue and they do not think anyone would be denied a garden. They want people
to be aware of the issue and to take appropriate steps if needed. Commissioner Carlson asked that staff
inform applicants what the city would want them to do if they are located in the plume area. Planning
Manager Conlen commented that a map of the area can be given to applicants.
Commissioner Long noted that in some cases a notice of the proposed garden must be given. Is there a
standard area for the notice? Senior Planner Shull replied currently notices are sent to a 300 foot area and
that would be the same for these notices.
Commissioner Medhurst commented that he is grateful for the community gardens and the work they do.
On page 1 of Exhibit A3, it states that farmers markets, "the majority of products for sale should be food -
related products." He is concerned that the word "should" is not strong enough and a farmers market
could develop into a flea market. Senior Planner Shull stated that staff did discuss this phrase and the
word "should" with the stakeholders. No one could think of an appropriate stronger word. Planning
Manager Conlen commented that the word could be changed to "shall." Commissioner Carlson stated he
would support changing the word to "shall" with the understanding that majority would be based on the
width of saleable space.
Commissioner Medhurst asked why (as stated on page 3 of Exhibit D) are structures such as greenhouses
limited to 15 feet in height, while others, such as hoophouses limited to 6 feet in height. Senior Planner
responded that the items limited to six feet in height are not considered "structures." Hoophouses and
similar items are designed to be moved, unlike greenhouses.
Commission Carlson moved (and it was seconded) to recommend adoption of the proposed amendments
to urban agriculture with the modifications that the word "should" in the definition of farmers market will
be changed to "shall," and a definition added that clarifies that the majority of food related products
referred to in the farmers market definition is based on the width of saleable space. There was no further
discussion and the motion carried unanimously.
The public hearing was closed.
PUBLIC HEARING — Proposed Code Amendments Related to Provisions for Allowing Departures
from Required Community Design Guidelines in all Zoning Districts
Contact Planner Harris delivered the presentation. He went over the background and the overall goal,
which is to increase the flexibility of the community design guidelines to act as performance objectives
rather than to act as specific and/or numeric requirements, while still meeting the larger intent to protect
property values, enhance general appearance, and improve and expand pedestrian circulation and public
spaces in the city. The proposed changes consist of the addition of two sentences to FWRC 19.115.020,
"Administration." There was no public testimony.
Commissioner Long asked if the proposed amendments will allow buildings to be placed closer to the
sidewalk. Contract Planner Harris replied that the proposed amendments will not likely trigger buildings
to be placed closer to the sidewalk. Commissioner Carlson agrees with the proposed amendment. Without
it, it can make for weird designs in order to fit the code requirements. Commissioner Medhurst asked if
there was a specific catalyst for this amendment. Contract Planner Harris replied that there is no specific
catalyst, but the requirements have caused issues in the past. Planning Manager Conlen stated that in the
past, applicants have proposed design that would probably work better, but the city was not able to
approve them because they did not meet the community design guideline requirements.
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Commissioner O'Neil moved (and it was seconded) to recommend adoption of the proposed amendment
to the community design guidelines as written. There was no further discussion and the motion carried
unanimously.
The public hearing was closed.
ADDITIONAL BUSINESS
Planning Manager Conlen stated that currently there is no date for the next Planning Commission meeting
(it will likely be in November).
Commissioner Elder expressed her concern about the parking disappearing at the Commons Mall. Is the
city monitoring that? Planning Manager Conlen replied that the city is monitoring the parking with the
use of a parking study.
Commissioner O'Neil asked what the direction of the city's urban core is. Nothing seems to change.
Planning Manager Conlen replied that the vision is for denser, mixed -use buildings, while also being
pedestrian friendly. The downturn in the nationwide economy has hindered development over the last five
years. Also, it is difficult for a city like Federal Way to compete with Seattle or Bellevue for that type of
development. Commissioner Carlson commented that the city has had proposals for high -rises, but it
needs the middle ground of mid -rises first. Planning Manager Conlen responded that the city is receptive
to mid -rise development and is hopeful see proposals of this nature.
ADJOURN
The meeting was adjourned at 8:10 p.m.
KAPIanning Commission\2013Weeting Summary 06- 24- 13.doc
COUNCIL MEETING DATE: November 19, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: CODE UPDATE TO INCORPORATE STATE LAW
ITEM #:
POLICY QUESTION: Should the City Council approve the proposed ordinance modifying Federal Way Revised
Code 6.75.010 to comply with State law?
COMMITTEE: PRHS &PS MEETING DATE: 11 /12/13
CATEGORY:
❑ Consent N Ordinance ❑ Public Hearing
El City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Pat Richardson, City Attorney DEPT: Law
State law now provides in two sections that it is a gross misdemeanor in certain situations where a sex
offender or kidnapping offender does not register, and that the statute of limitations continues with the
violation. RCW 9A.44.132 (2), RCW 9A.44.132 (3) (b) and RCW 9A.44.132(4) were inadvertently omitted
in the previous criminal code updates.
Attached: Proposed ordinance modifying FWRC 6.75.010 incorporating State law.
Options Considered: 1. Approve the proposed ordinance amending FWRC 6.75.010 by incorporating
RCW 9A.44.132(2), RCW 9A.44.132 (3) (b), and RCW 9A.44.132 (4).
2. Reject the proposed ordinance amending FWRC 6.75.010.
MAYOR'S RECOMMENDATION: Amend FWRC 6.75.010 by incorporating State law.
MAYOR APPROVAL: e/ 1 ��� DIRECTOR APPROVAL: k
Com ee c Initial
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on November 19,
2013).
Committee Chair Committee Member A / I Committee Member
PROPOSED COUNCIL MOTION(S): v
1ST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the December 3, 2013
Council Meetingfor adoption. "
2" READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 08/12/2010
RESOLUTION #
ORDINANCE NO. 13-
AN ORDINANCE of the City of Federal Way, Washington, relating to
Failure to Register as Sex Offender or Kidnapping Offender; amending
FWRC 6.75.010. (Amending Res. No. 09 -539, § 1,1 -6 -09; Ord. No. 04-
463, § 7,8-3-04; Ord. No. 02 -429, § 11,11- 19 -02; Ord. No. 00 -374, § 18,
9- 19 -00; Ord. No. 91 -89, § 1(9-36.010),3-5-91. Code 2001 § 6 -316.)
WHEREAS, Federal Way Revised Code ( "FWRC ") 6.75.010 adopts criminal statues by
reference to State Law as codified in the Revised Code of Washington ( "RCW "); and
WHEREAS, 9A.44.132(2), failure to register as a sex offender is a gross misdemeanor; and
WHEREAS, 9A.44.132(3)(b), failure to register as a kidnapping offender is a gross
misdemeanor; and
WHEREAS, 9A.44.132(3)(b)(4), unless the offender is relieved of the duty to register
pursuant to RCW 9A.44.141 and 9A.44.142, a violation of this section is a ongoing offense for the
purposes of the statute of limitations under RCW 9A.04.080; and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
incorporate State Law into the FWRC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 6.75.010 is hereby amended to read as follows:
6.75.010 Conduct prohibited.
The following state statutes are adopted by reference:
RCW
9.03.010 Abandoning, discarding refrigeration equipment.
9.03.020 Permitting unused equipment to remain on premises.
9.03.030 Violation of RCW 9.03. 010 or 9.03.020.
Ordinance No. 13- Page 1 of 3
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9.03.040 Keeping or storing equipment for sale.
9.91.010 Denial of civil rights —Terms defined.
9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated.
9.91.025 Unlawful bus conduct.
9.91.110 Metal buyers — Records of purchases — Penalty.
9A.44.130 Registration of sex offenders and kidnapping offenders — Procedures — Definition —
Penalties.
9A.44.132(2) failure to register as sex offender.
9A.44.132(3)(b) Failure to register as a kidnapping offender.
9A.44.132(3)(b)(4) Duty to register statute of limitations
9A.49.030 Unlawful discharge of a laser in the second degree.
28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property,
violations, when — Penalty.
28A.635.090 Interference by force or violence — Penalty.
28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force
or violence unlawful — Penalty.
29A.84.250 Violations — Corrupt practices.
29A.84.510 Acts prohibited in vicinity of polling place — Prohibited practices as to ballots.
42.20. 010 Powers may not be delegated for profit.
42.20.030 Intrusion into and refusal to surrender public office.
42.20.050 Public officer making false certificate.
42.20.060 Falsely auditing and paying claims.
42.20.080 Other violations by officers.
42.20.100 Failure of duty by public officer is misdemeanor.
(Res. No. 09 -539, § 1, 1 -6-09; Ord. No. 04 -463, § 7,8-3-04; Ord. No. 02 -429, § 11, 11- 19-02; Ord. No. 00 -374, § 18,
9- 19-00; Ord. No. 91 -89, § 1(9.36.010), 3 -5-91. Code 2001 § 6 -316.)
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
Ordinance No. 13- Page 2 of 3
Rev 1/10
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 3rd day of
December, 2013.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Mordinance\2013 \offender registration— criminal update
Ordinance No. 13-
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Rev 1/10