Council PKT 11-18-2014 RegularCITY OF
.iz�k Federal Way
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
November 18, 2014 — 7:00 p.m.
www.cityoffederalwaV.com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Ceremonial Swearing -In of New Police Officers
b. Proclamation: Buyer Beware /Human Trafficking ...page 3
c. Human Services Agency - Institute for Family Development
d. Mayor's Emerging Issues and Report
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN /TIN 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 maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: October 29, 2014 Special Meeting; November 4, 2014 Regular and Special
Meetings ...page 4
b. 2015 Street Sweeping Services Contract — Bid Award ...page 16
c. 2015 Right of Way Landscaping Maintenance Services Contract — Bid Award ...page 19
d. Pacific Highway South HOV Lanes Phase V (s. 3401h St to S. 356th St) Project —
Lakehaven Utility District Interlocal Agreement ...page 27
e. Litter Control Services Agreement with Vadis for 2015 -2016 ...page 44
f. Authorization to Amend the 2013 -2014 SWM Infrastructure Maintenance and Service
Contract (AG 13 -150) ...page 62
g. Authorization to Apply for Freshwater Algae Control Program Grant Funding ...page ss
h. 2014 Emergency Management Performance Grant Award ...page ss
i. 2015 -2016 Human Services General Fund Grant Funding Recommen ... page 104
j. American Traffic Solutions Inc. Professional Services Contract ...page 110
k. Amendment to License Agreement for Downtown Substation ...page 130
The Council may add items and take action on items not listed on the agenda.
6. PUBLIC HEARINGS
a. 2015 -2016 Biennial Budget & Property Tax Levy (Continued from November 4, 2014)
as required by RCW 35A.34) ...page 141
• Public Comment — 3 minutes
• Council Discussion
b. Selection Process — 2015 Major Comprehensive Plan Update (Site Specific Requests)
• Staff Presentation ...page 142
• Public Comment — 3 minutes
• Council Discussion
7. COUNCIL BUSINESS
a. Youth Commission Appointments ...page 169
b. Parks and Recreation Commission Appointments ...page 171
c. Resolution: Request Federal Funding Assistance for PACC Construction ...page 173
d. Purchase of Vacant Retail Space ...page 177
• "The How ": Financing of the Purchase
• "The Why ": Controlling our own Destiny — Downtown Development
• "What's Possible ": The Vision for Town Center
8. ORDINANCES
First Reading & Enactment
a. Council Bill #662/ General Obligation Bond to purchase land ...page 183
AN ORDINANCE of the City of Federal Way, Washington establishing a term loan and providing
for the issuance and sale of a limited tax general obligation bond anticipation note in the principal
amount of not to exceed $8,500,000 to evidence the loan to be used to purchase land for city
purposes; and fixing the form, covenants and terms of the note.
b. Council Bill #659/ Amendment to Title 19 for Spa and Water Park Uses in the
City Center ...page 195
AN ORDINANCE of the City of Federal Way, Washington, relating to spas and water park
businesses; amending FWRC 12.40.010, 19.05.080, 19.05.190, 19.05.230, 19.225.030, and
19.230.040. (Amending Ordinance Nos. 12 -735, 12 -713, 09 -610, 09 -600, 09- 593, 06 -515, 97 -291,
96 -270, 93 -170, and 90 -43)
First Reading
c. Council Bill #660/ 2015 -2016 Biennial Budget ...page 222
AN ORDINANCE of the City of Federal Way, Washington, relating to budgets and finance,
adopting the 2015 -2016 Biennial Budget.
d. Council Bill #661/ 2015 Property Tax Levy ...page 227
AN ORDINANCE of the City of Federal Way, Washington, fixing the property tax amount for
the year of 2015.
9. COUNCIL REPORTS
10. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
CITY OF
�...- Federal Way
PROCLAMA TION
`Buyer Beware /Combatting Commercial Sexual Exploitation"
WHEREAS, we are committed to public safety, health and well- being, and economic growth
within our city; and
WHEREAS, commercial sexual exploitation — which includes sex trafficking — is growing
throughout King County and Washington, thriving in cities, and significantly threatening the
safety and well -being of the children and vulnerable adults being purchased; and
WHEREAS, hundreds of our country's children — often coming from the foster care system —
are at risk of being commercially sexually exploited each year; and
WHEREAS, the industry is especially harmful for those being purchased, with the majority of
women in prostitution fitting the state and federal definitions of being "trafficked" and wanting
to leave if they felt they had alternative choices for survival; and
WHEREAS, there is a growing body of evidence that targeting sex buyers is a pragmatic,
effective way to dry up the commercial sex industry; and
WHEREAS, doctors and health professionals assembled by the Institute of Medicine issued
"Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United
States ", which suggests "a particular emphasis on deterring demand "; and
NOW, THEREFORE, we, the undersigned Mayor and Councilmembers of the City of Federal
Way, do hereby proclaim we are committed to promoting a safe and healthy community,
upholding the rule of law and have taken a strong position against human trafficking and are
prepared to collaborate and stand in support of efforts to combat it.
SIGNED this 181h day of November 2014.
FEDERAL WAY MAYOR AND CITY COUNCIL
Jim Ferrell, Mayor
Lydia Assefa- Dawson, Conncilmember
Dini Duclos, Conncilmember
Kelly Maloney, Conncilmember
Jeanne Burbidge, Deputy Mayor
Bob Celski, Conncilmember
Susan Honda, Conncilmember
Martin Moore, Conncilmember
COUNCIL MEETING DATE: November 18, 2014 ITEM #: 64L,
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes of the October 29, 2014 Special
Meeting, and November 4, 2014 Regular and Special City Council Meetings?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY Stephanie Courtney, Clerk DEPT: Mayor's Office
......11.1.1 Y.... Y........ ..... ......... ........__
Attachments:
Draft minutes from the October 29, 2014 Special City Council Meeting, and the November 4, 2014 Special and
Regular City Council Meeting.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: j f
Committee Council m gal
CHIEF OF STAFF: N/A N/A
Committee COL11161
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented."
BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
l$7 reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 10/01/2014
RESOLUTION #
,*CITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
October 29, 2014 — 6:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the Special Meeting to order at the hour of 6:04 pm
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob
Celski, and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Chief Andy Hwang led the flag salute.
Mayor Ferrell excused Councilmember Martin Moore absence. He sadly reported former Federal Way
City Councilmember and State Representative Roger Freeman passed away from his battle with
cancer this morning. He has ordered flags at all the city buildings and the flag on 320th be lowered to
half -staff in honor of Rep. Freeman.
He then asked for a moment of silence to remember their friend and colleague Roger Freeman.
3. 2015 -2016 BIENNIAL BUDGET
a. Department Presentations:
i. Municipal Court
Presiding Judge David Larson thanked the Mayor and Council for allowing him to present first.
He reviewed the Community Outreach the Court has focused on and will continue to focus on
in the next biennial budget looking for community partnerships for alternatives to fines and
fees. He noted the Court's reported revenue and budgeted expenses balance; and clarified
the Court is not in the business of making money, rather a checks and balance system.
Highlighted key projects for the Court include: the New Dawn JustWare program, and security
improvements — including an x -ray machine. In conclusion, Judge Larson said he is very
proud of the Court and thanked the court clerks, supervisors and the Court Administrator for
working well as a team.
Mayor Ferrell and Councilmembers thanked Judge Larson for the presentation.
Law Department
City Attorney Amy Jo Pearsall briefly reviewed the department's organizational chart which
includes the Civil Legal Services, Criminal Prosecution, and Risk Management Administration.
She noted the highlights of 2013/14 include: assisting staff with the City Center
Redevelopment; addressed marijuana related businesses and moratorium; negotiated and
finalized labor agreements and wireless site leases. Additional highlights are various
electronic conversions for workflow; prosecuting 3,750 citations including DUI, DWLS, DV,
Theft and other misdemeanors; and transitioning to Self- Insured.
Ms. Pearsall noted the changes the Mayor is recommending regarding staffing in the Law
Department is reflected through reclassifying the Deputy City Attorney position to Assistant
City Attorney; reclassifying Domestic Violence Liaison to Domestic Violence Advocate; and
adding .50 FTE Legal Assistant
Ms. Pearsall responded to Council questions regarding the Domestic Violence Liaison
position, revenue and risk management functions. Mayor Ferrell thanked Ms. Pearsall for her
report.
iii. Police Department
Police Chief Andy Hwang introduced members of his management team who have a
combined total of 227 years of police experience. He displayed the Police Departments
Organizational chart which includes 155 FTE; which includes 126 sworn personnel. The
Police Department provides 24/7 service.
Chief Hwang highlighted the Key Accomplishments which include the Police Sub - Station in
the downtown core; and the transition of patrol cars to black and white to increase visibility in
the community. He was pleased to report the department has achieved the CALEA
Accreditation; one of only 7 agencies in the state. Additional accomplishments are online
reporting from our citizens and businesses; Automatic License Plate readers; the Traffic
Safety Project — Nick and Derek Districted Driving project and a new in -house electronic field
reporting system.
Councilmembers inquired about the volunteer cart return program; Crime reporting at the
state level — are our numbers driven up by the increased emphasis, and if the increased
numbers make our jurisdiction look worse. He also reported more on the Nick and Derek
project which targets distracted driving. Councilmembers thanked Chief Hwang and his
department for the work they do daily for the community.
4. CITIZEN COMMENT
No citizen comment was given.
5. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the special meeting at 7:10
pm.
Attest:
Stephanie D. Courtney, CMC
City Clerk
Approved by Council:
VACITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINTUES
Council Chambers - City Hall
November 4, 2014 — 6:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the Special Meeting to order at the hour of 6:02 pm
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa - Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob
Celski, and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Chief of Staff Brian Wilson led the flag salute.
3. 2015 -2016 BIENNIAL BUDGET
a. Department Presentations:
Mayor's Office - Administration /Economic Development
Chief of Staff Brian Wilson reviewed a brief PowerPoint presentation with the Departments
Organizational chart and highlighted the current Projects in the Mayor's Office along with the
Highlights from the last year.
Anticipated Key Projects are to expand Economic Development in the downtown using innovative
approaches; explore and development of small businesses and enhance staff development, training
and customer service. Among changes the proposed budget includes adding 1.0 FTE Administrative
Assistant to the Department to increase customer service in the Mayor's Office as current staff multi-
task with other large projects including CDBG assistance and New Day FW filming.
Councilmembers asked clarifying questions regarding the city's re- branding efforts, Lakota Park
funding, and the addition of an Administrative Assistant position.
Human Resources
Human Resources Manager Jean Stanley briefly reviewed the organizational chart and division of
responsibilities in the Human Resources Department with a total staff of 3.25 FTE. She was pleased
Federal Way City Council Special Minutes Page I of 4
November 4, 2014
to highlight key accomplishments in the division including transitioning from fully insured to self -
insured; continually monitoring temporary hours to ensure compliance with the Affordable Care Act;
and managing the online Wellness Your Way program, which has increased in participation by 300 %.
She further noted they have been busy with recruitment and labor relations over 2013 -2014 where
they have coordinated 133 recruitments; welcomed 52 regular full- time /part-time employees; hired
360 temporary/seasonal employees; and have negotiated and reached agreement with three of five
bargaining units.
Councilmembers thanks Ms. Stanley for her presentation and asked questions regarding the
Wellness Your Way Program.
City Clerk's Office
City Clerk Stephanie Courtney gave a brief presentation to Council regarding the City Clerk's Office
budget for 2015 -2016. She highlighted the core responsibilities including staff and preparing City
Council meeting materials and minutes; maintain and publish the official city weekly meeting calendar
in compliance of the Open Public Meetings Act; track and respond to Public Records Requests;
process city contracts, Ordinances, and Resolutions; and facilitate codification services of the Federal
Way Revised Code.
She noted the Clerk's Office now tracks Public Records Requests (which have increased 26 %)
electronically through an online module; have trained staff on a new "scan and toss" program aimed
to contain costs for offsite records storage; and are in compliance with the new Open Government
Trainings Act for volunteer Board, Committee and Commission volunteers. Changes in this budget
include increasing the Deputy City Clerk position from .88 FTE to 1.5FTE; elimination of temporary
help for document scanning; and elimination of a portion of election services for 2015.
Councilmembers asked for clarification regarding a previous public records policy.
Information Technology
Information Technology Manager Thomas Fichtner highlighted the photos of actual projects which
were used for this presentation. He further reviewed the organizational chart for the IT Department
and the change of a one -time funded position transitioning into a fully funded GIS Technician in the
2015 -2016 budget. He reviewed a long list of accomplishments for 2013/2014 such as Core Network
and WiFi Upgrade; Safe City Upgrade and Expansion; Police Car Rocket/ALPR Deployment; and
Channel 21 /New Day Federal Way.
Ongoing and New Projects for 2015 -2016 are expansive and include New Dawn Case Management
System; AMANDA System Upgrade; Eden Cashiering Upgrade; GIS Service and Aerial Imagery
Update; Recreation System Replacement; and a much needed Phone System Upgrade. Mr. Fichtner
restated the major change in his department is the reduction of one -time IT Analyst and addition of
1.0 FTE GIS Technician.
Council thanked Mr. Fichtner for his report and all his department does to assist the Council and staff.
They asked additional questions regarding the capabilities of the safe city cameras.
Emergency Management
Emergency Manager Ray Gross stated Emergency Management mission is to prepare for, respond to
and recovery from disasters and mitigate their effect. He stated this division is currently 1.OFTE and a
.50 FTE temporary admin which is grant funded. Highlights and Accomplishments for 2013 -2014
Federal Way City Council Special Minutes Page 2 of 4
November 4, 2014
include CERT (Community Emergency Response Team) training of 125 residents; closed out FEMA
Reimbursement
Councilmembers asked questions regarding the possibility of returning to Emmitsburg, Maryland for
FEMA training. Mr. Gross said the city along with EOC partners will apply mid - December, if accepted
the training would occur in 2016 which would be reimbursed by FEMA.
City Council
Finance Director Ade Ariwoola presented the City Council budget. Mr. Ariwoola noted the City Council
who represent the people of Federal Way, adopt ordinances and resolutions; grant franchises; levy
taxes and appropriate fund; and establish policy guidelines. The Councilmembers oversee Volunteer
Boards and Commissions and participate on Council Committees including Finance, Economic
Development, Regional Affairs Committee (FEDRAC); Land Use and Transportation Committee
(LUTC); and Parks, Recreation, Human Services, Public Safety Committee (PRHSPS).
He further highlighted the Councils goals for 2015 -2016 which includes establishing Federal Way as
an economic leader and job center in South King County by attracting high quality businesses. To
create multi -use urban city center that is pedestrian friendly, linked to neighborhoods and parks and
services as the social and economic hub of the city. Changes in this budget will include additional
funds for travel and training
Deputy Mayor Burbidge thanked Mr. Ariwoola for the presentation on the Council's budget and further
noted the various Regional Agencies and Boards the Councilmembers represent not only benefiting
the city, but the South County region.
Community Development Department
Interim Community Development Director Larry Frazier noted the department is divided into three
main groups consisting of the Planning Division, Building Division, and the Community Services
Division.
Planning Divisions 2013 -2014 Key Accomplishments include three moratoriums and other code
amendments; annual comprehensive plan amendments and critical areas code update. Land Use
Reviews of: Performing Arts and Conference Center (PACC); Park Multifamily housing; Highpoint
mixed use process and appeal; Celebration Senior Housing and the Federal Way High School re-
build. Projects for 2015 -2015 include regulatory support to PACC, Town Square Park site and City
Center development; as well as process code amendments with focus on economic development.
Mr. Frazier noted the Building Division; which includes permit center; building construction plan review
and inspection; and code compliance, has the following key accomplishments including multiple new
and renovated businesses in the city such as: Kohl's; Dick's Sporting Goods; Children's Hospital;
Celebration Senior; and Single Family Projects. Construction inspections are nearing 1000 for the
month of October. He further noted Code Compliance complaints have significantly increased due in
part to an increased awareness and availability of compliance officers. Key projects will include
adoption of 2015 International Construction Codes; expand on -line permitting and review capabilities;
and improvements to the AMANDA permit tracking system.
He stated the Community Services Division funds various programs via the Human Services General
Fund (HSGF) Grants and the Community Development Block Grant (CDBG) Program supports
services such as: Food Pantries; Crisis Help; Short term housing; and medical /dental programs.
Accomplishments are partnering with Habitat for Humanity
Federal Way City Council Special Minutes Page 3 of 4
November 4, 2014
Councilmembers asked clarifying questions regarding the increase in compliance complaints; and the
length of time to receive an inspection. Mayor Ferrell also noted an increase in the general awareness
and responsiveness.
b. Council Deliberations
4. CITIZEN COMMENT
No Citizen Comment was given.
5. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the regular meeting at
7:10pm.
Attest:
Stephanie D. Courtney, CIVIC
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 4 of 4
November 4, 2014
,ACITY OF
n,.1L Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
November 4, 2014 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the regular meeting to order at 7:19 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob
Celski, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Anthony Murrietta led the flag salute
DEPUTY MAYOR BURBIDGE MOVED TO AMEND TONIGHT'S AGENDA TO ADD AN EXECUTIVE
SESSION AS ITEM 10 PURSUANT TO RCW 42.30.110(1)(b) TO DISCUSS PROPERTY
ACQUISITION; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as
follows:
Deputy Mayor Burbidge
yes
Councilmember Assefa- Dawson
yes
Councilmember Maloney
yes
Councilmember Honda
yes
Councilmember Celski yes
Councilmember Moore yes
Councilmember Duclos yes
3. MOMENT OF SILENCE — Honoring Representative Roger Freeman
Mayor Ferrell asked for a moment of silence to honor and remember former City Councilmember and
State Representative Roger Freeman who recently lost his battle with cancer. He noted a fund has
been set up for the family of Mr. Freeman and the information, for those wishing to donate, is
available through the Mayor's Office.
Councilmember Moore, who was Representative Freeman's Legislative Assistant, spoke to his
character and integrity and the huge loss for himself and this community which he loved and served.
Councilmembers echoed Councilmember Moore's sentiments, noting a huge loss for all.
Federal Way City Council Regular Minutes Page I of 5
November 4, 2014
Mayor Ferrell noted the flags at all city facilities have been lowered to half -staff for the week in honor
of Representative Freeman; including the new flag on 320th street. He stated the Celebration of Life
for Roger Freeman will be on November 22nd at 1 pm at Our Savior's Baptist Church on 320th
4. PRESENTATIONS
a. Certificates of Re- Appointment — Lodging Tax Advisory Committee
Deputy Mayor Burbidge read Certificates of Appointment for the re- appointment of Rose Ehl;
Jenny Vasquez; and Joann Piquette to the Lodging Tax Advisory Committee. Ms. Ehl
accepted her certificate and thanked the Council.
b. Mayor's Emerging Issues and Report
Parks Director John Hutton reported on the upcoming "Raise the Flag" event on Veteran's
Day. The program is set and is expected to be a wonderful, successful event including guest
speakers, Todd Beamer High School Band, and local veterans. He noted the businesses in
the area have been very positive and supportive of the event. Councilmember Honda also
encouraged citizens to also attend the Historical Society and Kiwanis Veterans Day event at
Todd Beamer later in the afternoon.
Public Works Director Marwan Salloum showed a brief photo slide show of the installation of
the flag pole into the median on 320th including the before, during and after pictures.
Mayor Ferrell reported on the recent installation of artwork at Town Square Park by the
Advancing Leadership Youth and local high school students; he encouraged everyone to stop
by and view the addition to the back wall at the park. He further reminded citizens of the next
Mayor's Neighborhood Connection Meeting on November 13th at Panther Lake Elementary
School.
Mayor Ferrell discussed meetings with regional partners regarding Sound Transit Link Light
Rail. Deputy Mayor Burbidge encouraged citizens to take a field trip to the north to view the
recent construction to get a sense of the Sound Transit stations and exactly what a raised
platform would look like in our city. Mayor Ferrell stated the legislature will decide if ST3 will be
on the 2016 ballot which would fund light rail to Federal Way.
He noted he recently met with US Senator Patty Murray in her office regarding New Market
Tax Credits for the PACC; he was pleased to report she pledged her support and would reach
out to the US Treasury Department.
Government Affairs Coordinator Chris Carrel highlighted some photos from the City staff's
recent Halloween event held at City Hall during their lunch hour.
5. CITIZEN COMMENT
Betty Taylor spoke in remembrance of Representative Roger Freeman. She would like to see a
city and or a state Proclamation issued for Roger Freeman Day; and would also like to see a road
named after Mr. Freeman.
Federal Way City Council Regular Minutes Page 2 of 5
November 4, 2014
6. 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, 2014 Special Meeting; October 21't Regular and Special Meeting
b. Monthly Financial Report — September 2014
c. Vouchers
d. Authorizing of an Amendment to a CDBG Housing Repair Program Contract -
Northwest Roof, Inc.
e. Authorizing of an Amendment to a CDBG Housing Repair Program Contract — M.A.D.
Construction
f. Authorizing of an Amendment to a CDBG Housing Repair Program Contract —All 4
Construction
g. Fall 2014 Tourism Enhancement Grant (TEG) Awards /Allocation of Residual Funds
h. Synchro Software Purchase /Traffic Engineering Software
Public Works Inspector Vehicle Replacement/ Authorization to Utilize Replacement
Fund
Dumas Bay Centre & Knutzen Family Theatre Fire Panel Upgrade
k. X -Ray Equipment for Court Security
Deputy Mayor Burbidge pulled item (g) for potential conflict of interest.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT ITEMS A -F; AND H -K AS
PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed 7 -0 as follows;
Deputy Mayor Burbidge
yes Councilmember Celski yes
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
yes Councilmember Duclos yes
Councilmember Honda
yes
Item (g)/ Fall 2014 Tourism Enhancement Grant (TEG) Awards /Allocation of Residual Funds.
COUNCILMEMBER CELSKI MOVED APPROVAL OF CONSENT AGENDA ITEM G AS
PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed 6 -0; Deputy Mayor
Burbidge recused.
Deputy Mayor Burbidge recused Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
7. COUNCIL BUSINESS
a. Cancellation of December 16, 2014 Regular City Council Meeting
Federal Way City Council Regular Minutes Page 3 of 5
November 4, 2014
DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULE 2.1(1) FOR THE PURPOSE
OF CANCELLING THE DECEMBER 16, 2014 CITY COUNCIL MEETING; COUNCILMEMBER
DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge
yes Councilmember Celski yes
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
yes Councilmember Duclos yes
Councilmember Honda
yes
8. PUBLIC HEARING
Mayor Ferrell opened the first Public Hearing on the 2015 -2016 Budget and Property Tax Levy as
required by RCW 35a.34 at 7:55pm.
a. 2015 -2016 Biennial Budget & Property Tax Levy (as required by RCW 35A.34)
Staff Presentation
Finance Director Ade Ariwoola reviewed the statutory requirements regarding the
filing of the budget and the subsequent public hearings which are scheduled for
tonight — November 4th and November 18th during the regular Council Meetings.
Mayor Ferrell noted one change to the budget was adding back in funding which
was previously allocated for the Branding initiative. That will be included into the
budget moving forward.
Public Comment
No Public Comment given.
Council Discussion
COUNCILMEMBER DUCLOS MOVED TO CONTINUE TO PUBLIC HEARING ON THE PROPOSED
2015 -2016 BIENNIAL BUDGET TO NOEVEMBER 18TH FOR FURTHER PUBLIC COMMENT;
DEPUTY MAYOR BURBIDGE SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge
yes
Councilmember Assefa- Dawson
yes
Councilmember Maloney
yes
Councilmember Honda
yes
9. COUNCIL REPORTS
Councilmember Celski yes
Councilmember Moore yes
Councilmember Duclos yes
Councilmember Duclos, Councilmember Maloney and Councilmember Assefa- Dawson had no report
this evening.
Councilmember Moore thanked the Council and the city for recognizing Representative Freeman.
Councilmember Celski thanked Advancing Leadership's Teri Hickel for her work with the Advancing
Federal Way City Council Regular Minutes Page 4 of S
November 4, 2014
Leadership Youth and their efforts on the welcome artwork installed at Town Square Park. He
thanked all who attended and supported the Community Caregiving Network's recent fundraiser at
Steel Lake Presbyterian Church and encouraged everyone to attend the Veteran's Day events in
Federal Way; the "Raise the Flag" event on 320th, and the "Honoring our Own" at Todd Beamer High
School.
Councilmember Honda reported the next meeting of the Parks, Recreation, Human Services and
Public Safety Council Committee will be November 10th; which is one day early due to the holiday.
Deputy Mayor Burbidge reported the next meeting of the Lodging Tax Advisory Committee would be
November 12th at 8am. She was happy to be able to attend the newest Habitat for Humanity project
which marked the 50th home in Federal Way; the 200th home for Delta Airlines Employees and the
400th Habitat Home. She noted she attend a wonderful performance at the Twin Lakes Golf and
Country Club which was a fundraiser for the PACC project..
10. EXECUTIVE SESSION (ADDED ITEM)
Property Acquisition /Pursuant to RCW 42.30.110(1)(b)
At 8:06 pm Mayor Ferrell announced the Council would be recessing into Executive Session for the
purpose of discussing Property Acquisition pursuant to RCW 42.30.110(1)(b); anticipated time is 15
minutes.
Council returned to Chambers at 8:36pm.
11. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the regular meeting at
8:36pm.
Attest:
Stephanie D. Courtney, CMC
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page S of S
November 4, 2014
COUNCIL MEETING DATE: November 18, 2014 .
. ITEM #: 5 19
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CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2015 STREET SWEEPING SERVICES CONTRACT —BID AWARD
POLICY QUESTION: Should the City Council award the 2015 Street Sweeping Service Contract to the lowest
responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: JOHN MULKEY, P.E., Interim Street Systems Manager-15R�'DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated November 3, 2014.
Options Considered:
1. Award the 2015 Street Sweeping Services Contract to McDonough and Son, Inc., the lowest
responsive, responsible bidder, in the amount of $101,189.70 and authorize the Mayor to execute the
contract.
2. Reject all bids for the 2015 Street Sweeping Services Contract and direct staff to rebid the
project and return to Committee for further action.
...... ...._._. ...... . _......._ . _
MAYOR'S RECOMMENDATION. The Mayor recommends forwarding Option 1 to the 1Qvember 18, 2014 City
Council Consent Agenda for-approval. ---I �1
MAYOR APPROVAL: /, J� APPROVAL:
Conuni e n itt
CHIEF OF STAFF:
Co, itt Council
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 18, 2014 City Council consent
agenda for approval.
L&
Bo
Celli. Chair KellvNIaloney, Member ydia Asse aw n, Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2015 Street Sweeping Services Contract to
McDonough and Son, Inc., the lowest responsive, responsible bidder, in the amount of $101,189.70 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 — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 3, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
John Mulkey, P. E., Interim Street Systems Manger j (6�
SUBJECT: 2015 Street Sweeping Services — Bid Award
BACKGROUND:
Three bids were received and opened on October 7, 2014 for the 2015 Street Sweeping Services Contract. The
total bids for this contract are as follows:
Company
McDonough & Sons, Inc.
Action Services Corp.
Best Parking Lot Cleaning, Inc.
Available 2015 Budget Amount
Bid Amount
$101,189.70
$103,610.38
$112,716.59
$107,600.00
The lowest responsive, responsible bidder is McDonough & Sons, Inc. with a total bid of $101,189.70. The
amount available in the 2015 budget for this contract is $107,600.
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COUNCIL MEETING DATE: November 18, 2014 ITEM #: 5 e
. . . . . . . . .. .............................. .... . . . . . . . . . ...................................... . .. . . . . . .. . . . . ................ ....... ...... . . . . . . . . . . .............................................. . ............................. . ..................................... . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ ............... . .................. . . . . . . . . . .
....................................... ............................... .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2015 RIGHT OF WAY LANDSCAPE MAINTENANCE CONTRACT— BID AWARD
POLICY QUESTION: Should the City Council award the 2015 Right of Way Landscape Maintenance Contract to the
lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: JOHN MULKEY, P.E., Interim Street Systems Manager DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated November 3, 2014.
Options Considered:
1. Award the 2015 Right of Way Landscape Maintenance Contract to Tom Osaka Garden Service,
Inc., the lowest responsive, responsible bidder, in the amount of $195,894.32 and authorize the Mayor to
execute the contract.
2. Reject the bid for the 2015 Right of Way Landscape Maintenance Contract and direct staff to rebid
the project and return to Committee for further action
.......... .... ......... ........... ........... . _.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 18, 2014 City
Council Consent Agenda f proVal.
MAYOR APPROVAL:
CHIEF OF STAFF:
Counc
DJRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward Option I to the November 18, 2014 City Council consent
agenda for approval.
1
ob elski, Chair Kel aloney, Mem ydia Assefa wson, Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2015 Righ of Way Landscape
Maintenance Street Contract to Tom Osaka Garden Service, Inc., the lowest responsive, responsible bidder, in the
amount of $195,894.32 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 — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 3, 2014
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
John Mulkey, P.E., Interim Street Systems Manager
SUBJECT: 2015 Right of Way Landscaping Maintenance Contract — Bid Award
BACKGROUND:
One bid was received and opened on October 21, 2014 for the 2015 Right of Way Landscaping Maintenance
Contract. The total bids for this contract are as follows:
Company
Tom Osaka Gardens Service, Inc.
Available 2015 Budget Amount
Bid Amount
$195,894.32
$199,187.00
Reference checks on Tom Osaka Garden Service, Inc. by City staff indicate that the contractor has performed
similar work. As a result, City staff believes Tom Osaka Garden Service, Inc., can successfully complete this
project to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is Tom Osaka Garden
Service, Inc. in the amount of $195,894.32.
2015 ROW Landscape Maintenance
RFB No. 14 -114
Bid Tabulation
2015 ROW Landscape Maintenance
RFB No. 14 -114
Bid Tabulation
2015 ROW Landscape Maintenance
RFB No. 14 -114
Bid Tabulation
BID OPENING DATE October 21,
Vendor Name - ->
Location - ->
Month
Project #11 SW 356th St -1st Ave S to 21st SW
January
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Project 11
Project #12 23rd Ave S - S 316 to S 324
January
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Project 12
Project #13 16th Ave S /Ench Pk - SR 99 to S 356
January
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Project 13
Project #14 SR -99 - S 272 to S 283
January
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Project 14
Project #15 SR -99 - S 283 to 18 Ave S
January
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Project 15
2015 ROW Landscape Maintenance
RFB No. 14 -114
Bid Tabulation
2015 ROW Landscape Maintenance
RFB No. 14 -114
Bid Tabulation
BID OPENING DATE October 21, 2014
Vendor Name —>
Location - - - - ->
Month
Project #21 21st Ave SW - SW 356 to SW 312
January
February
March
April
May
June
Jul
Au ust
September
October
November
December
Subtotal Project 21
Project #22 21 st Ave S - S 320 to S 316
January
February
March
April
May
June
Jul
Au ust
September
October
November
December
Subtotal Project 22
Project #23 S 317th St - 28 Ave S & Roundabout
January
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Project 23
Project #24 S 333rd SUS 332nd St - Roundabout to 13 PI S
January
February
March
April
May
June
July
August
September
October
November
December
Subtotal Project 24
Project #25 Roundabout - S 334th at 38th S
January
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Project 25
2015 ROW Landscape Maintenance
RFB No. 14 -114
Bid Tabulation
BID OPENING DATE October 21, 2014
Vendor Name —>
Location - - ->
Month
Project #2613 PI S I S 330th St - S 324 to SR 99
January
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Pro ect 25
Project #27 Irrigation System
January
February
March
April
May
June
Jul
Au ust
Se tember
October
November
December
Subtotal Project 26
Monthly Totals
January
February
March
April
May
June
Jul
August
September
October
November
December
Subtotal Monthly Work
200 Extra Hours of Maintenance Labor
Annual Costs Projects plus additional labor
Sales Tax at 9.5
SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES PHASE V (S340TH STREET. TO S356TH STREET) PROJECT —
LAKEHAVEN UTILITY DISTRICT INTERLOCAL AGREEMENT
POLICY QUESTION: Should the Council authorize the Mayor to execute the Interlocal Agreement between the City of
Federal Way and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase V (S 340th St to S359th
St.) Project?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: JOHN MULKEY, P.E., Interim Street Systems Manager'- DEPT: Public Works
.........
Attachments: 1. Land Use and Transportation Committee memorandum dated November 3, 2014
2. Interlocal Agreement
Options Considered:
1. Authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven
Utility District for the Pacific Highway South HOV Lanes Phase V (S340th St. to S359th St.) Project.
2. Do not authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and
Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase V (S340th St to S359th) Project
and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the lvember 18, 2014 City
Council Consent Aeenda.fcit annroval.
MAYOR APPROV
CHIEF OF STAFF:
DIRECTOR APPROVAL:
A���
COMMITTEE RECOMMENDATION: I move to forward Option I to the November 18, 2014 City Council consent
PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the Interlocal Agreement between the
City of Federal Way and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase V (5340th St.
to S359th St.) Project. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED Is'r 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 3, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
Marwan Salloum, P.E., Public Works Director
FROM: John Mulkey, P.E., Interim Street Systems Manager ,X-k-
SUBJECT• Pacific Highway South HOV Lanes Phase V (S. 340th Street to 5359th Street) Project –
Lakehaven Utility District Design and Construction Interlocal Agreement
BACKGROUND:
Lakehaven Utility District requested the City enter into an interlocal agreement for the design and construction of
water main replacement and adjustment of Water and Sanitary Sewer facilities as part of the Pacific Highway
South HOV Lanes Phase V Project in an effort to reduce both cost and extended public disruption of the area. A
copy of the proposed agreement is attached to this memo.
The estimated cost of the interlocal agreement is $231,000.00 and includes the cost for the design phase of the
project and project administration. The construction phase of the project will be added to the ILA as a supplement
to the agreement when the construction cost has been identified.
K: \LUTC \2014 \11 -03 -14 Pacific Highway South Phase V - LUD ILA.doc
After recording, return to:
City of Federal Way
33325 8`6 Avenue S
Federal Way, WA 98003
Attn: John Mulkey
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN UTILITY DISTRICT
FOR THE
PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT
(SOUTH 340TH STREET TO SOUTH 359TH STREET)
THIS AGREEMENT is made and entered into this day of , 2014, by
and between the City of Federal Way (hereinafter "City ") and Lakehaven Utility District (hereinafter
"District "), collectively referred to herein as the "Parties ".
WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase
V Project (South 340th Street to South 359th Street) (hereinafter "Project "); and
WHEREAS, the District provides water and sewer service in the general area of the Project
in accordance with applicable Washington State and City of Federal Way laws, regulations and
franchises; and
WHEREAS, in connection with the roadway improvements being undertaken by the City, the
District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants,
valves, water meters, etc.; resolve any waterline /utility conflicts; and adjust sewer manholes, within
the Project area; and
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental
units to make the most efficient use of their powers by enabling them to cooperate with other entities
to provide services in a manner best serving the needs and development of their local communities;
and
WHEREAS, the District can achieve cost savings and other benefits in the public's interest
by contracting with the City to perform certain services for the District, including letting a public works
construction contract for the installation of the water improvements in connection with the Project
(hereinafter "District Work "), and providing construction management services in support thereof, as
described in Exhibit A, attached hereto and incorporated herein by this reference;
Pacific Highway South HOV Lanes Phase V Page 1 November 2014
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto
as follows:
PREDESIGN/DESIGN.
The District agrees that the City's design contractor, KPG, Inc., shall perform
predesign /design work for the Project. The District shall reimburse the City for the predesign report,
reproducible construction drawings, special contract provisions, and other necessary documents,
which shall sufficiently detail requirements for the District Work to become a part of the plans and
specifications for the Project.
BIDDING AND CONSTRUCTION.
A. It is the intention of the City and the District that the District plans and
specifications shall be incorporated into the Contract Bid Documents for the Project in such manner
as to allow, to the extent possible, identification of cost allocations between the Parties.
B. Following opening of construction bids on the Project, the District shall be
furnished with the bid responses submitted for the District Work for the District's approval. Within
twenty days of receiving the bid prices, the District shall notify the City in writing that the District
either approves or rejects their portion of the bid award. Bid award shall be made to the lowest
responsible bidder for the total Project subject to applicable laws and regulations. The City shall not
proceed with the District Work until the City has received approval from the District for its portion of
the bid award; provided, however: if no bids are received which, in the estimation of the District, are
acceptable to the District for the District Work, the District shall so immediately notify the City. The
District Work shall be deleted from the project contract and, in this event; the City shall proceed with
its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's
notice to the City of the District's rejection of all bids.
III. CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative, construction observation,
and clerical services necessary for the execution of the Project. In providing such services, the City
Public Works Director and /or his or her designee may exercise all the powers and perform all the
duties vested by law in him or her. The District grants to the City Public Works Director and /or his or
her designee authority to act on behalf of the District sufficient to carry out the provisions of this
Agreement.
B. The District shall notify the City, in writing, of any changes it wishes to make in
the plans and specifications which affect the District Work, which changes shall be made, if feasible.
The City shall notify the District, in writing, of any changes required of the District Work and shall
obtain the District's approval of such changes. The District's approval shall not be unreasonably
withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of
these or any other changes required or requested by the District.
Pacific Highway South HOV Lanes Phase V Page 2 November 2014
IV. PAYMENT.
A. The District shall reimburse the City for all costs incurred by the City in
performing the District Work, which costs shall include but are not limited to the District Work
performed by the Project contractor(s), all District requested changes, and the District's cost of the
City services described in Paragraph III (a) herein, and as described in Exhibit B.
B. All payments shall be due from the District to the City within thirty (30) days
after approval by the District's General Manager or his /her designee of said sums billed to the
District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per
month.
V. INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold the District, its elected officials, officers,
employees and agents harmless from any and all claims, demands, losses, actions and liabilities
(including costs and all attorney fees) to or by any and all persons or entities, including, without
limitation, their respective agents, licensees, or representatives, arising or resulting from, or
connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of
the City, its agents or employees, or by the City's breach of this Agreement.
B. The District agrees to indemnify and hold the City, its elected officials, officers,
employees and agents harmless from any and all claims, demands, losses, actions and liabilities
(including costs and all attorney fees) to or by any and all persons or entities, including, without
limitation, their respective agents, licensees, or representatives, arising or resulting from, or
connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of
the District, its agents or employees, or by District's breach of this Agreement.
The provisions of this paragraph shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
VI. DURATION.
This agreement shall become effective immediately upon execution by both parties.
This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City
Council accepts the completion of the project, whichever is earlier.
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the
roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances
related thereto.
B. Upon completion of the construction and City's acceptance of the Project as
fully constructed according to plans, specifications and change orders, the City shall provide a final
invoice to the District for any final payment due. The District's payment of this final invoice shall, in
effect, transfer ownership of these water and sewer mains and appurtenances to the District and the
District shall thereafter be responsible for maintenance of such facilities.
Pacific Highway South HOV Lanes Phase V Page 3 November 2014
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by both
Parties.
D. This Agreement shall be in full force and effect from the date of signature by
all Parties to the date the City completes the Final Inspection upon completion of the Project and
may be extended for additional periods of time upon mutual written agreement of the City and
District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement.
E. Any provision of this Agreement, which is declared invalid, void or illegal shall
in no way affect, impair, or invalidate any other provision hereof and such other provisions shall
remain in full force and effect.
IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the
work, as set forth herein, will be performed by the City under the terms of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day
and year first above written.
CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT
Jim Ferrell, Mayor
33325 8th Avenue South
Federal Way, WA 98063 -9718
(253) 835 -2401
APPROVED AS TO FORM:
Amy Jo Pearsall, City Attorney
ATTEST:
Stephanie Courtney, CMC, City Clerk
John Bowman, General Manager
31627 1st Avenue South
PO Box 4249
Federal Way, WA 98063 -4249
(253) 941 -1516
APPROVED AS TO FORM:
General Counsel, Steven H. Pritchett
Pacific Highway South HOV Lanes Phase V Page 4 November 2014
EXHIBIT A
City of Federal Way
Pacific Highway South HOV Lanes Phase V
S 340th Street to S 359th Street
Scope of Work
KPG
October 27, 2014
(For Lakehaven Utility District via Interlocal Agency Agreement)
Work to be completed under this amendment involves development and evaluation of
options; supplemental survey, design, preparation and review of plans, specifications,
engineer's estimate, and bid documents; and preparation of easement legal
descriptions and exhibits) for the Pacific Highway South (PHS) HOV Lanes Phase V —
S 340th Street to S 3591 Street project. Plans will be prepared in accordance with
Lakehaven Utility District (Lakehaven) design standards as summarized and itemized in
the Lakehaven's plan review checklist. Contemplated improvements included under
this scope, subject to review by the City and Lakehaven, include the following:
Water
a. Remove and dispose approximately 2,700 -LF of 8 -inch Asbestos Cement (AC)
main, and replacement with 8 -inch Ductile Iron (DI) main (STA 26 +60 to 52 +50 east
side PHS). Relocation will be in accordance with the criteria outlined below in
paragraph "n," at a minimum. Consultant will evaluate with Lakehaven the feasibility
of not installing a water main on the east side of PHS from S 351St Street to S 352nd
Street including fire flow requirements for affected properties.
b. Install approximately 630 LF of 8 -inch DI water main along the east side of PHS
from the existing terminus near S 356th Street extending south to S 359th Street
(STA 17 +65 to 23 +95). The extension will be in accordance with the criteria
outlined below in paragraph "n," at a minimum.
c. Remove existing pressure reducing valve (PRV) vault on the east side of PHS near
S352 nd Street and install new PRV on the west side of PHS. The new PRV will
utilize an existing 8 -inch DI crossing of PHS and approximately 400 LF of new 8-
inch DI along the west side of PHS between S 351 St Street and an existing cased
crossing of PHS to the south (STA 38 +00 to 42 +00). PRV location on the west side
and and decommissioning and removal sequence of the existing PRV will be
determined through collaboration between the Consultant and Lakehaven.
Pacific Highway South HOV Lanes Phase V Page 5 November 2014
Consultant will provide easement legal description and exhibit if necessary to
support the selected PRV location.
d. Potential 130 LF extension to north from existing cased undercrossing at 35200
PHS to the planned S 352nd Street intersection with lateral to the east for future
extension in S 352nd Street.
e. Potential removal and disposal of approximately 100 LF 10-inch AC in steel casing
at S 344th Street, and replacement with 12 -inch DI, and potentially including
replacement of 14x10 tee and 10 -inch gate valve with a 14x12 tee and /or 12 -inch
gate valves on each side of undercrossing
f. Install two (2) 16 -inch and one (1) 8 -inch gate valve at the new tee on the west side
of PHS at S 351 st Street.
g. Install a new 12 -inch DI crossing of PHS north of S 348th Street at a location
determined by the District. The Consultant will prepare plans and specifications for
a cased undercrossing if determined necessary by the City and /or Lakehaven.
Depending on the location and geometric constraints, design may provide for
replacement of existing 14 x 8 tee on the west side of PHS with a 14 x 12 cross, the
addition of a 14 -inch gate valve, and 12 -inch gate valves at the connections to the
existing water mains on each side of PHS.
h. Relocation of fire hydrants in and estimated 25 locations affected by construction of
the roadway improvements (new fire hydrant assemblies, exclusive of hydrants
which are to be reused), and addition of fire hydrants along the project corridor as
determined by Lakehaven in consultation with South King Fire and Rescue (SKFR).
At a minimum, relocations of the fire hydrants need to be reviewed and potentially
revised to meet clearance, access, and SKFR requirements.
Relocation and /or modification of water service connections and meters in an
estimated 35 locations affected by construction of the roadway improvements within
the project limits.
Plans will also provide provisions for removal of 4 -inch and 6 -inch lateral stubs and
replacement with 8 -inch lateral stubs to re- connect laterals affected by water main
replacement.
k. Identification of water valve adjustments to finished grade throughout the project
limits.
Pacific Highway South HOV Lanes Phase V Page 6 Novembe r 2014
Adjustment, relocation, extension, and /or replacement of water mains and valves as
confirmed necessary in conjunction with replacement and /or relocation of the mains
identified above, or to accommodate roadway and drainage system improvements.
Standard minimum cover depth may be revised to four (4) feet to better
accommodate laterals and other utility improvements with additional cover or casing
as determined by the City and /or Lakehaven at intersections.
m. Provisions for temporary water service in project specifications.
n. The location of new or replacement water mains will consider, at a minimum, the AC
water main locations and utility separations achieved with the City's Phase 1 PHS
HOV Lanes project immediately to the north of the current project, the location of
existing and the use of DI pipe for the current project, standard valve dimensions,
requirements for maintaining and reconnecting existing services, Lakehaven's ability
to accommodate requests for new or modified service connections relative to the
City's pavement repair / mitigation requirements, Lakehaven's utility separation
standards, the preference for maintaining a straight alignment between valves, and
the ability to accommodate minor vertical and horizontal deflections. Consultant is
advised that the City and Lakehaven may consider mitigating conditions for
separations less than published minimum standards. Relocations, if determined
necessary due to unavoidable obstructions or constraints, or inability to
accommodate a non - standard separation, should be based on the following
potential considerations and options, in order of preference:
Main is accessible without disrupting roadway pavement.
Place under sidewalk, with back of sidewalk location preferred.
iii. Use vertical or horizontal deflections to limit relocation requirements.
Maximum main depth (cover) of five (5) -feet, except at discrete locations on
a case -by -case basis.
iv. Six (6) feet from curb face.
V. Avoidance of wall foundations or influence zones.
vi. Avoidance of wall undercrossings or tiebacks / goeogrid reinforcement zone.
vii. Alignment adjustments between valves will be avoided, and limited to the
extent practical. Restrained joints will be used in lieu of thrust blocks or
Pacific Highway South HOV Lanes Phase V Page 7 November 2014
restraints for time savings and reduction of impacts from or to proximate
utilities.
viii. The Consultant will provide an preliminary alignment plan for relocated
sections of main for review, comment, and approval by Lakehaven Utility
District. The approved alignment plan will be used as the basis for final
facility design.
o. The Consultant shall identify the location for removal and disposal of existing
abandoned water main within the right of way corridor. Locations will be based
solely on as built information provided by Lakehaven. No field verification is
anticipated. Anticipated removals occur at the following locations:
Approximately 3,320 LF of out of service 6 -inch steel water main between S
348th Street and the north project limits as well as the east west crossing of
PHS at S 348th Street (Ref CRD W1579, 1578, 0302, 1610, and).
Approximately 100 LF of 4 to 6 -inch AC at lateral connections, exclusive of
removal of fire hydrant assemblies and laterals associated with relocated fire
hydrant assemblies.
iii. Approximately 300 LF of 4 to 6 -inch wood water main south of S 348th Street
(Ref CRD 1598).
Sewer
a. Identification of nature and extent of sewer manhole adjustments to finished grade
throughout the project limits.
b. Correction of plans as noted above, and to reflect previous review comments.
c. No conflict analysis is anticipated for side sewers unless data is provided by
Lakehaven. Lacking this data, it is anticipated that side sewer modifications will be
made on a case by case basis during construction.
Task 17.1 - Project Management
Work under this task includes time to execute this amendment, prepare associated
invoicing and progress reports, plan and schedule the work, plan for and execute
QA/QC, and coordinate with the City and Lakehaven. This task assumes the design
phase, including reviews by LUD, will last 10 months.
Pacific Highway South HOV Lanes Phase V Page 8 November 2014
Task 17.2 - Record Research and Preliminary Alignment Plan
The CONSULTANT shall review existing utility records and prepare a preliminary
alignment scroll plan for review and comment by Lakehaven. The approved alignment
will become the basis of design for the final design tasks below.
Task 17.3 - Waterline Plan and Profile Sheets
The CONSULTANT will prepare up to sixteen (16) water facility plan and profile sheets,
consistent with the project limits, to show the relocations, installations and adjustments
required. Plan and profile sheets will conform to the plan preparation requirements set
forth in Lakehaven's Plan Review Checklist. Plans scale and match lines will conform
to the City's plan sheets.
The plan view will include existing base mapping, existing utilities, proposed curb and
gutter and proposed drainage facilities, and other available utility information, including
locations of luminaires, landscaping and irrigation improvements, retaining walls with
associated foundation /structural earth reinforcement. In addition, horizontal alignment
information, existing and relocated hydrant and valve locations and types, locations of
existing and relocated service connections including water meters and fire service lines,
and all demolition and abandonment callouts will be shown on the plan sheets.
Minimum clearance requirements will be called out at critical locations adjacent other
utilities, including storm drainage facilities. The full -sized scale shall be 1" = 20'.
The profile view will be at 1 " =20' horizontal scale and 1 " =5' vertical scale. Each sheet
will show the existing and proposed ground; and pipe elevation (top or bottom of pipe
for water main, and invert elevations for sanitary sewer) information for the existing and
proposed water mains at critical locations, specifically at utility crossings, including
storm drainage facilities, and existing sanitary sewer mains. Minimum clearances will
be identified with callouts at utility crossings, or in a separate crossing table. Existing
waterline information will be based on pothole and measure down data determined in
task 17.5. Existing and proposed utility crossings will be shown as ellipses in the
profiles.
Temporary water service plan and criteria to minimize shutdowns will be prepared in
collaboration with Lakehaven. Plans will include a sequencing plan and /or narrative for
water main construction, including PRV valve decommissioning, removal, installation,
and commissioning, and temporary water mains and service connections consistent
with the proposed sequence plan and narrative. A table of service connections will be
provided on the plan sheets. Service and meter sizes will be provided by Lakehaven.
Pacific Highway South HOV Lanes Phase V Page 9 November 2014
All work associated with the water system facilities will be shown on these `stand - alone'
plans and profile sheets. Any references to the water system facilities on the City's
roadway plans will be edited to reference these documents.
Task 17.4 - Water Line Detail Sheets
The CONSULTANT will prepare one detail sheet for details not covered in WSDOT's
Standard Plans or in Lakehaven's Water System and Sewer System Standards.
Pertinent details from these "Standard Plans" sources will be included as an appendix
in the contract specifications.
Task 17.5 -Field Investigation and Legal Descriptions
The finished grade elevations of the sewer manholes within the project limits will be
adjusted. The Consultant shall perform a survey to determine the manhole as-
constructed information, including manhole interior diameter, cone section (base
diameter, height), cone orientation, ladders, and number and sizes of adjustment rings.
Invert elevation at center of structure and the size and orientation of connecting pipes
will be surveyed. Manhole information will be collected based on surface observation
without entry into the structures.
Surface elevation of water valves will be surveyed and measure downs performed from
the surface to the top of valve operating nut will be surveyed by the Consultant to assist
with determining existing depth. Dimensions from top of operating nut to invert of
existing pipe will be based on a standard manufacturer valve table unless other
information is provided by Lakehaven. Potholing, if required, will be performed by
Lakehaven with locations surveyed by the Consultant and incorporated into the project
base map information.
The Consultant shall prepare a legal description and exhibit for Lakehaven's use in
securing an easement for the selected PRV location if necessary.
Task 17.6 - Sewer Manhole Adjustments
Based on the information collected in task 16.4, the Consultant will describe the work
included to bring each sewer manhole to grade (which may include removal and /or
replacement of cone sections, extensions, and /or risers. This information will be shown
on the roadway plans and quantified in the appropriate bid schedule.
Pacific Highway South HOV Lanes Phase V Page 10 November 2014
Task 17.7 - Specifications
The CONSULTANT will prepare special provisions for construction of the water system
facilities and sewer manhole adjustments per Lakehaven Standards and as required to
meet federal funding requirements. Special provisions shall supplement WSDOT's
2014 Standard Specifications. The water system facilities and sewer manhole
adjustment bid items will be included as a separate bid schedule.
Task 17.8 - Opinion of Cost
The CONSULTANT will prepare a 85 %, 100% and final opinion of cost for the work
described. The breakdown of items shown in the opinion of cost shall be of sufficient
detail for inclusion in the project bid documents. Adjustment of Lakehaven facilities
located within easements converted to City Right of Way will be itemized on Schedule A
and associated costs will be the City's responsibility.
Management Reserve
Lakehaven may require additional services of the Consultant in order to advance the
project through bid document preparation and construction. The scope of these
services will be determined based on the unanticipated project needs or other
considerations at the sole discretion of Lakehaven. This work may include additional
design, right of way, construction services as well other items which were not
anticipated with the development of this scope of work.
These services will be authorized by Lakehaven under management reserve. At the
time these services are required, the Consultant shall provide a detailed scope of work
and an estimate of costs. The Consultant shall not proceed with the work until the City
has authorized the work and issued a notice to proceed.
SCHEDULE:
1. The City's roadway design is approaching the 85% design level. The
CONSULTANT will commence work on the water line design immediately upon
receipt of a notice to proceed from the City of Federal Way (note that this requires
that Lakehaven Utility District provide a notice to proceed to the City through the
Interlocal Agency Agreement). The 85% PS &E will be delivered to the City and
Lakehaven twelve weeks after the CONSULTANT receives this notice to proceed.
Pacific Highway South HOV Lanes Phase V Page 11 November 2014
2. The City and Lakehaven will review the 85% PS &E and return comments back to
the CONSULTANT no more than 3 weeks after submittal.
3. The Consultant will incorporate comments and prepare 100% Plans concurrent with
the 100% Roadway Project submittal.
4. The City and Lakehaven will review the 100% PS &E and return comments back to
the CONSULTANT no more than 3 weeks after submittal. Comments received after
this date may not be incorporated into the Final Contract Documents without a
contract modification.
5. Final PS &E submittal will be prepared approximately 3 weeks after comments are
received from the City and the District.
DELIVERABLES:
The CONSULTANT will assemble and provide the following items to the City:
1. The Consultant shall prepare a preliminary alignment scroll plan and meet with the
District to confirm the scope for final design. Modifications noted by the District will
be addressed in the 85% submittal.
2. The CONSULTANT will submit at 85% and 100% stage of completion, two copies
each of the half -sized plans, full -sized plan sheets, and special provisions for review
and comment.
3. Two (2) sets of full -sized bond prints of "Final" water and sewer plans (Lakehaven
schedule only).
4. Two (2) sets of half -sized bond prints of "Final' Water and Sewer Plans (Lakehaven
schedule only).
5. Two (2) sets of camera -ready hard copy special provisions which cover the water -
related elements of the project only.
6. One (1) computer disk for the plans of the water line elements of the project in
AutoCAD format.
7. One (1) computer disk for the waterline special provisions in Microsoft Word format.
Pacific Highway South HOV Lanes Phase V Page 12 November 2014
ASSUMPTIONS:
1. Utility record drawings are not included in this scope and fee because construction
services are not included in this contract.
2. Existing asbestos - cement (AC) water main to be removed shall be included as a
separate bid item and appropriate hazardous waste specifications will apply.
3. Lakehaven shall provide the Consultant, in a timely manner, Lakehaven's standard
documents for public works contracts, including standard plans. Unless otherwise
specified, these standard documents shall be suitable for inserting into the bid
documents without revision.
4. Lakehaven shall obtain all necessary approvals and /or new /revised utility service,
and pay all fees connected therewith.
5. Lakehaven' representative with respect to services to be rendered under the
Agreement shall be as designated by Lakehaven's Engineering Manager.
6. Lakehaven shall coordinate with the City of Federal Way to receive the required
number of sets of final Contract Documents.
7. Lakehaven shall pay all permit fees necessary to complete the work described in
this scope of work.
8. No conflict analysis has been completed or is anticipated for side sewers unless
data is provided by Lakehaven. Lacking this data, it is anticipated that side sewer
modifications will be made on a case by case basis during construction.
9. In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the project, the CONSULTANT has no control over cost or price
of labor and materials; unknown or latent conditions of existing equipment or
structures that may affect operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality performance by operating
personnel or third parties; and other economic and operational factors that may
materially affect the ultimate project cost or schedule. Therefore the CONSULTANT
makes no warranty that Lakehaven's actual project costs, financial aspects,
economic feasibility, or schedules will not vary from the Consultant's opinions,
analyses, projects, or estimates.
Pacific Highway South HOV Lanes Phase V Page 13 November 2014
Exhibit B
Estimated Costs
Pacific Highway South HOV Lanes Phase V
South 340th Street to S359th Street
ESTIMATED PRE - DESIGN, DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND
CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHAVEN UTILITY DISTRICT
UTILITY RELOCATION AND ADJUSTMENTS
ESTIMATED PRE - DESIGN COST
Estimated pre- design costs for Lakehaven utility relocations
ESTIMATED DESIGN COST
Estimated design costs for Lakehaven utility relocations (KPG, Inc.)
ESTIMATED CONSTRUCTION COSTS
Subtotal Construction
Sales Tax @ 9.5% of Construction Cost
Subtotal Construction Including Sales Tax
Construction Contingency (10% of Construction cost.)
Construction Management (15% of Construction cost.)
ESTIMATED TOTAL CONSTRUCTION COST
ESTIMATED PROJECT COST (Predesign, Design & Construction)
Project Administration (5% of project cost)
TOTAL ESTIMATED COST
$0.00
$220,000
TBD
TBD
TBD
TBD
TBD
TBD
$220,000
$ 11,000
$231,000
Note: The Agreement will be amended to include amounts to be determined ( "TBD'),
including estimated construction, and project administration costs when the estimates have
been prepared. Costs presented are estimates only. Actual costs incurred will be used to
calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement
to the City.
KASTREETS \PROJECTS \SR99 Phase V\Lakehaven \ILA \ILA Agrement.doc
Pacific Highway South HOV Lanes Phase V Page 14 November 2014
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SUBJECT: LITTER CONTROL SERVICES AGREEMENT WITH VADIS FOR 2015 -2016.
POLICY QUESTION: Should the City enter into a new maintenance agreement with Vadis for litter control
services for 2015 -2016?
COMMITTEE: Land Use and Transportation
MEETING DATE: Nov. 3, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rob Van Orsow, SW &R Coordinator DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated November 3, 2014 and proposed
Litter Control Services Agreement.
Options Considered:
1. Authorize entering into a new litter control services agreement with Vadis for 2015 -2016.
2. Do not enter into a new litter control services agreement with Vadis for 2015 -2016.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the Nov mber 18, 2014 City
Council Consent Agenda for approval.
MAYOR APPROVAL. rf / Z
y
DIRECTOR APPROVAL _ - - --
ommitttt ^
/
ouncil
Initial /Date
Initial /Date
CHIEF OF STAFF: P.W. Q
Comn-tittegf1l
Counci
InitialrD
Initial/ t
COMMITTEE RECOMMENDATION: v,orward Option I to the November 18, 2014 City Council Consent Agenda for
approval.
PROPOSED COUNCIL MOTION: "I move approval of the Litter Control Agreement with Vadis, effective January
2015 through December 2016, with a total compensation of $108,605, and authorize the Mayor to sign said
agreement. "
(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 #
K: ACOUNCIL \AGDBILLS\2014 \11 -18 -14 Litter Control Contract - Vadis.doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 3, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Rob Van Orsow, Solid Waste & Recycling Coordinator
SUBJECT: Litter Control Services Contract with Vadis for 201 5 -2016
Vadis is a non - profit agency dedicated to employment services for people with disabilities. City
litter control services have been provided by Vadis for over twenty years. Vadis employs a
dedicated crew providing litter control services in the right -of -way four days each week. This
work crew features developmentally disabled staff focused on cleaning specific routes where
litter is prevalent. Vadis provides supervision, insurance, safety equipment, and a vehicle to
transport the crew. The Solid Waste & Recycling Division covers basic operational costs
including litter disposal and equipment like gloves and litter bags.
Vadis provides similar services for the Cities of Auburn and SeaTac. The City benefits by
having cleaner streets; society benefits through enabling supported employment; and the
Department benefits by avoiding diversion of maintenance staff to these litter control duties.
Vadis has operated without a compensation increase during the past eight years, and over that
time costs have increased for insurance, operations, wages, and overhead. The Division
anticipated a compensation increase for this new contract, so additional funding was requested
in the 2015 -2016 budget. The attached contract for 2015 -2016 provides a 7% increase (an
additional $3,500) in compensation for 2015. The new contract also includes an annual
adjustment provision that links compensation to an inflation index. This will allow for more
gradual compensation adjustments in the coming years.
The City negotiates directly with Vadis to arrange for these ongoing litter control services, as
there is no other agency quite like Vadis with its devoted supervisory staffing and litter control
know -how. The City Attorney's Office has provided an opinion that the services provided by
Vadis do not constitute a public works project as defined in RCW 39.04.010, and therefore these
services are not subject to competitive bidding or prevailing wage requirements. The attached
agreement includes the U.S. Department of Labor Certificate that provides Vadis with the
ability to compensate employees at special wage rates.
The Solid Waste & Recycling Division provides primary funding and supplies for litter control
services in the City, with additional funding from the Surface Water Management program.
cc: Project File
Day File
Attachment: Proposed Agreement with Vadis for Litter Control Services
K: \LUTC\2014 \11 -03 -14 Litter Control Contract with Vadis.doc
` CITY OF CITY HALL
A* Federal V1/a 33325 8th Avenue South
�� y Federal Way, WA 98003 -6325
(253) 835 -7000
wwwcrtyoffeder MW-corn
PUBLIC WORKS MAINTENANCE AGREEMENT
FOR
LITTER CONTROL PROGRAM
This Public Works Maintenance Agreement ( "Agreement ") is made between the City of Federal Way, a Washington
municipal corporation ( "City "), and Vadis, a non - profit Washington corporation ( "Contractor "). The City and
Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice
required under this Agreement:
VADIS:
Christopher Christian
Executive Director
1701 Elm Street East,
Sumner, WA 98390 -2112
(253) 863.5173 (telephone)
(253) 863.2040 (facsimile)
The Parties agree as follows:
CITY OF FEDERAL WAY:
Solid Waste & Recycling Coordinator
Public Works Department
33325 8'h Ave. S.
Federal Way, WA 98003 -6325
(253) 835.2770 (telephone)
(253) 835.2709 (facsimile)
1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall
be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than
December 31, 2016 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual
written agreement of the City and the Contractor.
2. WORK.
2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work
more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Work "), performed
to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or
his or her designee.
2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary
to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental
entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants
it will provide services in a manner consistent with the accepted practices for other similar services within the Puget
Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable,
are fit for the particular purpose for which they were obtained, and will perform in accordance with their
specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all
Work performed which the City deems to have defects in workmanship and material discovered within one (1) year
after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under
the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original
replacement parts shall be used — rebuilt or used parts will not be acceptable. When defects are corrected, the
warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and
accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt
PW MAINTENANCE AGREEMENT - 1 - Rev. 6/2012
CITY OF CITY HALL
33325
Federal Wa y Feder Feder 8th Avenue South
al Way, WA 98003 -632
J (253} 835 -7000
www. cdWffederaMW__ cam
of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time
as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by
the City in order to accomplish the correction.
2.3 Time Documentation, and Inspection. Work shall begin immediately upon the effective date of this
Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but
the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility
for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or
non - complying performance, its substantiality or the ease of its discovery.
2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the
Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from
the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it
obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the
City and/or the City may deduct its costs from any remaining payments due to the Contractor.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the
other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City
may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches
confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements.
4. COMPENSATION.
4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a
maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated
by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the
Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of
the performance and payment of this Agreement.
4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the
form specified by the City, including a description of what Work have been performed, the name of the personnel
performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final
bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has
been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or
modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets
the requirements of the Agreement.
4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement
are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will
correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from
the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any
reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other
sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to
PW MAINTENANCE AGREEMENT - 2 - Rev. 6/2012
CITY OF CITY HALL
�.....- Federal Wa 33325 8th Avenue South
y Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederahvw coin
complete this Agreement with other sources, from any and all amounts due or to become due the Contractor.
4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under
this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts
incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this
provision applies.
4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver
of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the
time request for final payment is made.
4.6 Bond. Pursuant to RCW 39.08 and RCW 60.28, Contractor shall post a bond in favor of the City, in
the form attached to this Agreement as Exhibit "C" and incorporated by this reference, in a dollar amount
satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure
Contractor's performance of all of the provisions of this Contract; to insure payment of Contractor's state sales tax;
and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's
obligations under this Agreement shall not be limited to the dollar amount of the bond. The bond shall not be
released until the City has received all applicable documentation from the state and all outstanding claims filed
pursuant to RCW 39.08 and RCW 60.28 have been resolved.
5. INDEMNIFICATION.
5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City,
its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from
any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or
litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance
of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of
competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the
City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent
and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or
acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of
indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor
waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW,
solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any
limitation on the amount of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge
that they have mutually negotiated this waiver.
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its
officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from
PW MAINTENANCE AGREEMENT
- 3 - Rev. 6/2012
CITY OF CITY HALL
�'`.... Federal Way 33325 8th Avenue South
Federal Way, WA 98003 -6325
12531 835a000
wtiw. .dtyoffederahvaycom
any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation
expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or
representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the
negligent acts, errors, or omissions of the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection
with the performance of the services or work by the Contractor, their agents, representatives, employees or
subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such
expiration or termination as follows:
6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such
forms and with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operations,
independent contractors, products- completed operations, stop gap liability, personal injury, bodily injury, death,
property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no
less than $1,000,000 for each occurrence and $2,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to
the laws of the State of Washington;
C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with
a minimum combined single limits in the minimum amounts required to drive under Washington State law per
accident for bodily injury, including personal injury or death, and property damage.
6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not
be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the
City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary
insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall
be excess of the Contractor's insurance and shall not contribute with it.
6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial
general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide
certificates of insurance for all commercial general liability policies attached hereto as Exhibit "D" and incorporated
by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with
evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made,"
Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this
Agreement is actually terminated or upon project completion and acceptance by the City.
6.4 Survival. The provisions of this Section shall survive the expiration or termination of this
Agreement.
7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this
Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor
may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and
assembling records in case of any public disclosure request.
PW MAINTENANCE AGREEMENT - 4 - Rev. 6/2012
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cdWffederaAW.. corn
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs,
design specifications, records, files, computer disks, magnetic media or material which may be produced or modified
by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all
needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be
safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the
City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product
remaining in the possession of Contractor shall be delivered to the City.
9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which
sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain
such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all
funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review
or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by
law to monitor this Agreement.
10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS.
10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the
Contractor has the ability to control and direct the performance and details of its work, the City being interested only
in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick
leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which
may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other
insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or
incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If
the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the
City and complete any required form if the Contractor retired under a State of Washington retirement system and
agrees to indemnify any losses the City may sustain through the Contractor's failure to do so.
10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its
employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize
all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and
municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety
and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards
(Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect
and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places
at or near the site for the protection of its employees and the public, safe passageways at all road crossings,
crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things
necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam
or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by
the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for
its materials and equipment and is solely responsible for the same
10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible
for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work.
Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide
a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment
contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and
PW MAINTENANCE AGREEMENT - 5 - Rev. 6/2012
` CITY OF CITY HALL
Federal Way 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cilyotfederaMey com
shall be subject to the City's general right of inspection to secure satisfactory completion thereof.
10.4 Prevailing Wages.
10.4.1 Wages of Employees. Pursuant to RCW 49.46.060, Contractor's workers shall be
compensated in accordance with the Contractor's Certificate No. 09- 03727 -S -057 Authorizing Special
Minimum Wage Rates under Section 14(c) of the Fair Labor Standards Act. A facsimile of this Certificate is
attached as Exhibit "C" to this Agreement.
10.4.2 Reporting Requirements. Contractor shall comply with all reporting requirements of the
Department of Labor and Industries of the State of Washington.
10.4.3 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work
of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be
referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington
and the decision therein shall be final and conclusive and binding on all parties involved in the dispute.
11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional
services during the Term for other parties; however, such performance of other services shall not conflict with or
interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest
in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family
relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection,
negotiation, drafting, signing, administration, or evaluating the Contractor's performance.
12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment
made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor
or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives
against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed,
national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps,
unless based upon a bona fide occupational qualification in relationship to hiring and employment. This
requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply
with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the
Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any
other applicable federal, state, or local law or regulation regarding non - discrimination.
13. GENERAL PROVISIONS.
13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of
the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior
statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any
Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail.
The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall
not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this
Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other
provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to
the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the
PW MAINTENANCE AGREEMENT - 6 - Rev. 6/2012
CITY OF CITY HALL
A** . Federal iNa 33325 8th Avenue 8003
�! y Federal Way, WA 98003 -6325
(253) 835 -7000
www cnWffederaA4w.. com
terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this
Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by
duly authorized representatives of the Parties.
13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the
other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall
continue in full force and effect and no further assignment shall be made without additional written consent. Subject
to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their
respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection
and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this
Agreement based on any provision set forth herein.
13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance
with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances,
resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made
effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or
performance of this Agreement, this Agreement may be rendered null and void, at the City's option.
13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the
Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the
addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of
the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice
so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies
provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all
other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of
those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of
the City to declare any breach or default immediately upon occurrence shall not waive such breach or default.
Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another
breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the
State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement,
the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and
jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit maybe
filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of
the state and federal courts in King County, Washington and waives any objection that such courts are an
inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all
its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all
appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this
paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement.
13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents
and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be
executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all
PW MAINTENANCE AGREEMENT
- 7 - Rev. 6/2012
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Wavy, WA 98003 -6325
(253) 835 -7000
www cdW federahy! can
Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute
one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature
and acknowledgment pages from such counterparts may be assembled together to form a single instrument
comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date
upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual
execution" hereof.
[Signature page follows]
PW MAINTENANCE AGREEMENT - 8 - Rev. 6/2012
CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way, WA 98003 -6325
(253} 835 -7400
www chWffederahvvay. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
ME
Jim Ferrell, Mayor
DATE:
VADIS
am
Christopher Christian, Executive Director
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ATTEST:
City Clerk, Stephanie Courtney, CMC
APPROVED AS TO FORM:
City Attorney, Amy Jo Pearsall
On this day personally appeared before me to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
FIX
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
PW MAINTENANCE AGREEMENT
B
Rev. 6/2012
` CITY OF 3332 HALL
Federal Way 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www crtyoiiederafway com
EXHIBIT "A"
SERVICES
1. The Contractor shall do or provide the following:
Vadis ( "Contractor ") will provide the City of Federal Way with five (5) individuals ( "workers ") and a
minimum of one supervisory staffer ( "supervisor ") to work four (4) days per week: Monday, Tuesday,
Thursday and Friday, six (6) hours per day throughout the duration of the contract. Vadis shall perform tasks
to completion between the hours of 9:00 a.m. and 3:00 p.m.
The supervisor will supervise and otherwise assist the individuals in their daily work performance, transport
the individuals to their designated work areas, and coordinate work activities and scheduling with the City
on a daily or weekly basis as needed, and fulfill other supervisory duties as outlined herein.
Vadis will provide, maintain, and operate a motor vehicle to transport workers, and will provide the City
with proof of liability insurance.
Specific Tasks.
1. Streets, City Property, and Right of Way.
Vadis will collect and remove litter, trash and debris from the shoulders of City Right of Way
(including but not limited to streets, roads, alleys, paths and parkways), public parking lots, and other
designated areas. However, the tasks to be performed may be changed by the City's Streets
Maintenance Supervisor at the City's discretion to meet changing needs.
Vadis will also collect and remove litter, trash, recyclable materials and debris from City Parks,
trails, open space areas, sidewalks, designated bus stops (including emptying and re- lining specified
trash and recycling containers), and other City facilities as needed. Vadis will prepare recyclable
materials to meet market specifications and remove contaminants as needed.
2. Equipment.
Vadis may be assigned to wash and clean designated City vehicles and equipment.
Storm Water Drainage and Facilities.
Vadis may be assigned to collect and remove tree leaves and limbs, trash, and other debris from the
top of storm water catch basins and from the sidewalk curbs and gutters. Vadis may be assigned to
perform debris removal from the perimeters of storm ponds on an as needed basis.
PW MAINTENANCE AGREEMENT -10- Rev. 6/2012
CITY OF GIN HALL
'�....- Federal 33325 8th Avenue South
y Federal Way WA 980Q3 -6325
W a
(253) 835 -7000
www.0: ffederaA"V_cam
4. Job Assignment Priorities.
Task assignments are subject to change and prioritization by the City Public Works Director or their
designee.
Vadis supervisor shall examine all work sites thoroughly before commencing work at the site. It
shall be the responsibility of the Vadis supervisor to verify that the duties, assignments, and job sites
meet the capabilities of the workers. All existing conditions at the job site will be noted and copies
with verification noted, given to the City's Streets Maintenance Supervisor on a daily basis.
Responsibilities of Parties.
Contractor Duties. Contractor will be responsible for the following:
a. The performance of all work as provided under this Agreement with its own employees.
Individuals who perform work under this Agreement must be carried on Contractor's payroll.
Contractor is responsible for administering and paying employee wages, benefits and all
other employee - related costs.
b. Although the Contractor's company headquarters may be located outside of Federal Way,
Washington, Contractor shall provide in the Federal Way geographical area a full -time
administrator who will continuously oversee Contractor employee, supervisor, and worker -
related staffing levels, transportation, and general duties, and will have authority to represent
Contractor in managing day -to -day activities.
The supervisor must be trained in traffic control and must possess a "Traffic Control
Flagging License" certified by the State of Washington. The Contractor will provide proof of
this documentation, along with the supervisor's name and mobile telephone number to the
City's Street Maintenance Supervisor at the beginning of the contract period, and whenever a
substitute or replacement supervisor is appointed.
d. Contractor shall prohibit its employees from disturbing the papers on desks, opening desk
drawers and cabinets, entering any restricted areas (for example, the central store area), or
using City telephones or office equipment.
e. Contractor is responsible for the security of City facilities where assigned tasks are
performed as well as tools, equipment, safety gear, traffic control devices and any other items
which may be supplied by the City for Contractor's use in the performance of contractor's
duties. No equipment or supplies will be removed from City premises except as required for
the performance of assigned duties.
£ Contractor shall provide Accomplishment Reports the City's Street Maintenance Supervisor
on a weekly basis and upon request by the City.
PW MAINTENANCE AGREEMENT - 11 - Rev. 6/2012
` CITY OF CITY HALL
33325 Sth Federal Wa (253) 835- 7000ue South
Federal Way, WA 98003 -6325
rwvw cooffederaAmay com
g. Contractor shall provide, operate, and maintain a motor vehicle to transport its employees to
and from the designated work sites. Contract's vehicle shall be identified with signs and
equipped with safety warning lights, strobe light and emergency flashers.
h. Contractor shall provide rain gear, foul weather gear, and footwear as required, and clothing
as needed for its employees.
Contractor and employees shall collect the litter, trash and debris in bags and deposit them in
a designated dumpster provided by the City at a location to be specified by the City.
Contractor shall also collect needed operating tools, supplies, and work orders from such
locations as designated by the City.
j. Contractor shall follow accepted safety practices in the performance of all work. After every
work shift of litter clean -up and other assigned tasks, the following shall be done: the work
areas shall be inspected for fire or other safety hazards; designated electrical or power
machines and /or equipment shall be turned off, outside doors and windows closed and
locked as needed; gates closed and locked as needed; and all miscellaneous work tools and
equipment shall be inspected, cleaned, and stored properly.
2. City Duties. City will be responsible for the following:
a. The City shall supply litter bags to Contractor to use for collecting litter, trash and debris.
b. The City shall supply traffic control devices, (i.e. signs and traffic cones) to Contractor so
Contractor can place the traffic devices at work sites(s) to protect its employees while
performing services under this contract. The City shall also provide hard hats and reflective
traffic vests.
C. The City shall supply maintenance equipment and hand tools as needed for the Contractor to
perform specified duties.
d. The City shall provide Contractor and its supervisor a copy of the daily work assignment and
any change notices to use as a basic guide for the distribution of work each week. The work
assignments may change as deemed appropriate by the City, with details changes provided to
Contractor or its supervisor as needed. The City shall determine the priority to be given the
various work assignments. The City shall verify that all work is performed as scheduled. At
the end of each month, the City shall note all work as either (S) Satisfactory or (U)
Unsatisfactory. If any work has been rated (U), the City shall contact Contractor to discuss
the deficiency and action necessary to correct the deficiency.
PW MAINTENANCE AGREEMENT - 12- Rev. 6/2012
CITY OF
Federal
Way
EXHIBIT "B"
COMPENSATION
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. atyoifederahvay. corn
1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to
exceed Fifty -three Thousand, Five Hundred no /100 Dollars ($53,500.00) during the first year of this agreement
from January 1, 2015 through December 31, 2015. This annual compensation, plus an estimated 3% inflation.
adjustment, is added for calendar year 2016, making the total compensation available for the two -year term One-
hundred and eight Thousand, Six Hundred, Five and no /100 Dollars ($108,605.00).
2. Method of Compensation: During the first year of this agreement, the maximum annual compensation
available to the Contractor is $53,500.00, or $4,458.00 per month. Contractor compensation will be based in
part on attendance of the five workers that make up the crew.
Worker attendance will determine compensation based on the following: for each "worker -day" absence in a
given month, Contractor compensation will be reduced by $30.00. The $30.00 figure is based on information
provided by the Contractor, and approximates the average compensation provided to a worker during a six -hour
period.
Contractor will report the number of "worker -day" absences on a daily basis on the Accomplishment Reports
provided to the Public Works Department's Street Maintenance Supervisor or designee. Contractor shall
provide monthly invoices which account for the total "worker -day" absences in a given month, by deducting
$30.00 for each "worker -day" absence from the baseline monthly compensation of $4,458.00 per month.
Contractor is scheduled to work all regularly scheduled business days, with the exception of Wednesdays, City -
observed holidays, and weekends. Any scheduled work days that are not worked by Contractor will result in a
$150.00 deduction in compensation per occurrence, based on the standard crew of five workers at $30.00 per
"worker- day."
When Federal Way Public Schools issues a public announcement of district -wide school closure due to
inclement weather, Contractor will not report to work that day, and Contractor will deduct $150.00 per day from
the monthly invoice for each such day. However, should Contractor be instructed by the Public Works
Department's Street Maintenance Supervisor or designee while already performing work in the City on a
scheduled work day to cease performance of tasks due to inclement weather, it shall result in an excuse from
scheduled tasks for the remainder of that day with no deduction in compensation.
The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of
employment.
3. Annual Compensation Adjustment: The Contractor's monthly compensation shall increase or decrease
once every year by the percentage change.in the Consumer Price Index CWURA423SAO for the Seattle -
Tacoma- Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series)
(CPI -W 1982 -1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a
replacement index (the "CPI Index ").
Compensation shall be adjusted once annually, beginning January 1, 2016. The Contractor shall submit to the
City for review and approval a Compensation Adjustment Statement, calculating the compensation for the next
PW MAINTENANCE AGREEMENT - 13 - Rev. 6/2012
` CITY Of CITY HALL
�.- Federal Way 33325 8th Av ou e Sth Federal Way WA , WA 98003 -6325
(253, 835 -7000
www. at yoffederahvay com
year using the percentage change in the CPI Index for the most recent twelve (12) month period ending on
August 30th. The Contractor's calculation shall be provided to the City no later than November 1 st of each year,
and the City shall have thirty (30) days to confirm the Contractor's calculation. The adjusted monthly
compensation amount shall then take effect January 1 st.
PW MAINTENANCE AGREEMENT -14- Rev. 6/2012
CITY OF CITY HALL
33325 Federal Way Feder 8th Avenue South
A** / Federal Way, WA 98003 -6325
(253) 835 -7000
twvw.crtyDtfederaMW corn
EXHIBIT "C "U.S. DEPARTMENT OF LABOR
CERTIFICATE
U.S. Department of Labor i
an
'VVage d Hour D[vision
National
National Certification Program - 514
230 South Dearborn Street, Room 514
Chicago, Illinois 60604
CERTIFICATE AUTHORIZING SPECIAL MINIMUM WAGE RATES
UNDER SECTION 14(c) OF THE FAIR LABOR STANDARDS ACT
Certificate Number: 09- 03727 -S -057
VADIS
1701 ELM STREET
SUMNER, WA 98390
For Branch Location:
VADIS
1701 ELM STREET
Sumner, WA 98390
Tvpe of Certificate:
Community Rehabilitation Program
(Work Center)
This special certificate authorizes the employment of workers with disabilities in accordance with the requirements of 29 CFR Par-1:525, effective
0710112013.
This certificate will remain in effect until 06/3012015 provided that all applicable provisions of the Fair Labor Standards Act, the Wafsh - Healey Public
Contracts Act, the McNamara- O'Hara Service Contract Act, and the Contract Work Hours and Safety Standards Act and the regulations issued pursuant
thereto are fully complied with. If an application for renewal has been property and timely filed with the Wage and Hour Division prior to 06/3012015, this
special minimum wage certificate will remain in effect until the application for renewal has been granted or denied.
The enclosed certificate does not constitute a statement of compliance by the Department of Labor nor does it convey a good faith defense to the
employer should violations of the Fair Labor Standards Act, the Walsh- Healey Public Contracts Act, the McNamara- O'Hara Service Contract Act, or the
Contract Work Hours and Safety Standards Act occur.
Please contact the following Wage Specialist should you have any questions regarding the issuance of this certificate:
Name of wage specialist: John Ferrin Phone: 312 - 789 -2934
See the reverse of this certificate and the applicable regulations for further information.
NOTICE TO WORKERS WITH DISABILITIES PAID AT SPECIAL MiNIMUM WAGES
The Fair Labor Standards Act (FLSA) provides that workers with disabilities whose disabilities impair their ability to perform the type of work being
done in the establishment may be employed at wage rates below the minimum otherwise required by the FLSA. Such employment is permitted only
under certificates issued by the Department of Labor and must reflect the productivity of the individual worker as related to the productivity of a
worker who does not have disabilities for the work being performed, and the wages being paid to experienced workers performing the same or
similar work in the vicinity. Such wages are referred to as "commensurate wage rates." This establishment has a certificate authorizing the
payment of commensurate wages to workers with disabilities. Workers who do not have disabilities for the work being performed, including
workers who may otherwise have disabilities, must receive at least the statutory minimum wage.
For purposes of payment of commensurate wages under a certificate, a worker with a disability is defined as an individual whose earning or
productive capacity is impaired by a physical or mental disability, including those relating to age or injury, for the work to be performed.
Disabilities which may, but will not necessarily, affect productive capacity include blindness, mental illness, mental retardation, cerebral patsy,
alcoholism, and drug addiction. The following, taken by themselves, do not constitute disabilities for purposes of paying commensurate wages:
educational disabilities, chronic unemployment, receipt of welfare benefits, nonattendance at school, juvenile delinquency, and correctional parole
or probation.
Each worker with a disability, and where appropriate, the parent or guardian of such worker, shall be informed orally and in writing by the employer
of the terms of the certificate under which such worker is employed.
Complaints or questions regarding the terms and conditions of employment under a certificate may be directed to the Wage and Hour Division, U.S.
Department of Labor. Action will be taken to address an individual's concerns, including where appropriate, a formal investigation of the employer.
Workers with disabilities paid at special minimum wages may also petition the Administrator of the Wage and Hour Division of the U.S. Department of
Labor for a review of their wage rates by an Administrative Law Judge. No particular form of petition is required, except that it must be signed by
the worker with a disability or his or her parent or guardian and should contain the name and address of the employer. Petitions should be mailed to:
Administrator, Wage and Hour Division, U.S. Department of Labor, Room S -3502, 200 Constitution Avenue, N.W., Washington, D.C., 20210.
Wage and Hour Representative: Title: Date Certificate Printed
Sharlyn Simon National Certification Program Manager 02/101201
4
Form WH -228
Cent. iD: 178660
Rev. January 2002
PW MAINTENANCE AGREEMENT - 15 - Rev. 6/2012
`CITY OF
Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cnWffedersAmy_ com
Page 2
1. COMMENSURATE WAGE RATES
a. PIECE RATE PAYMENTS. Workers with disabilities (including patient workers in hospitals or institutions)
employed on a piece rate basis must be paid not less than the prevailing piece rate paid experienced
employees who do not have disabilities for the work to be performed engaged in essentially the same type of
work In the vicinity. In the absence of established piece rates for similar work, time studies or other tests
may be used to establish piece rates.
b. HOURLY. RATE PAYMENTS. Workers with disabilities (including patient workers in hospitals or institutions)
employed on an hourly rate basis must be paid wage rates at least commensurate with the prevailing hourly
wage rate paid experienced employees who do not have disabilities for the work to be performed in the
vicinity for essentially the same type, quality and quantity of work.
2. CONTRACTS SU83ECT TO THE McNAMARA- O'HARA SERVICE CONTRACT ACT.
1. This certificate extends authority to pay commensurate wages to workers with disabilities performing work
subject to the McNamara- O'Hara Service Contract Act (SCA) but not less than the minimum wage rates specified
below:
a. MINIMUM WAGE. The SCA wage determination incorporated in a service contract with the Federal
Government or the District of Columbia will specify the prevailing minimum wage rates and fringe benefits
which are to be paid to each of the classes of service employees performing covered SCA contract work or
work necessary to the performance of the contract. Workers with disabilities shall be paid commensurate
wage rates based on the applicable SCA wage determination.
In. FRINGE BENEFITS. All workers with disabilities who perform work on contracts subject to the SCA or who
perform work necessary to the performance of the contract shall be paid fringe benefits in full as stated on
the applicable SCA wage determination and in accordance with the provisions of 29 CFR Part 4.
c. VIOLATIONS OF THE SCA PROVISIONS. Failure to comply with these SCA provisions may result in the
withholding of funds to cover unpaid wages and debarment from future Federal contracts.
d. COVERAGE OF OTHER EMPLOYEES. If a certificate holder is providing any services (other that linen supply
service), subject to the SCA, those workers in the establishment in which the services are being performed
who are not performing the service work must be paid in accordance with the applicable provisions of the
FLSA. This holds true even where the non - service work would not otherwise be subject to the FLSA. Any
questions regarding this requirement should be addressed to the nearest office of the Wage and Hour
Division.
3. OVERTIME REQUIREMENTS.
a. FAIR LABOR STANDARDS ACT (FLSA). Persons covered by this Act, unless exempt, shall be paid not less
than ONE AND ONE -HALF TIMES THEIR REGULAR RATES OF PAY AFTER 40 HOURS OF WORK IN A
WORKWEEK.
b. WALSH- HEALEY PUBLIC CONTRACTS ACT (PCA). Persons covered by this Act, unless exempt, shall be
paid not less than ONE AND ONE -HALF TIMES THEIR REGULAR RATES OF PAY AFTER 40 HOURS IN A
WORKWEEK.
c. McNAMARA- O'HARA SERVICE CONTRACT ACT (SCA). Persons covered by this Act, unless exempt, shall
be paid overtime in accordance with the terms of the FLSA or the Contract Work Hours and Safety Standards
Act (CWHSSA) for all hours worked over forty in a workweek.
4. RECORD KEEPING REQUIREMENTS. In addition to the records required by Regulations 29 CFR Part 516, each
certificate holder shall keep those records required by Regulations 29 CFR Part 525.16, as applicable, including but
not limited to:
a. DISABILITY - showing the nature of the disability, of each worker employed at a commensurate wage.
b. PRODUCTIVITY - showing the productivity of each worker with a disability or patient worker on a
continuing basis or at periodic intervals (not to exceed 6 months in the case of workers paid hourly wage
rates), including documents explaining how the productivity of the workers with disabilities not paid a piece
rate is determined.
c. PREVAILING WAGE RATES paid in the vicinity to experienced workers who do not have disabilities for the
work to be performed (updated at least every 12 months).
d. PRODUCTION STANDARDS and supporting documentation, including work measurements.
5. CHILD LABOR. Minors younger than 18 years of age must be employed in accordance with the child labor provisions
of the FLSA. No person under 16 may be employed in manufacturing or processing or on a PCA contract.
6. COMPLIANCE WITH HIGHER STANDARDS. No provisions of this certificate shall excuse noncompliance with any
other Federal, State, or local law or ordinance establishing higher standards.
7. REVIEW OR CANCELLATION. This certificate is issued without prejudice to the rights of any party to petition for
review as provided in Regulation 29 CFR Part 525. The terms of this certificate may be amended for cause upon the
request of the certificate holder, or worker with a disability or the parent or guardian of such worker or upon the
initiative of the Administrator or the Administrator's authorized representative. This certificate is revocable by the
Administrator or the Administrator's authorized representative for cause.
S. EXPIRATION. This certificate will expire on the date indicated as will the employer's authority to pay special
minimum wages to workers with disabilities unless an application for renewal is properly and timely Filed with the
Wage and Hour Division prior to the expiration date. If a renewal application is properly and timely filed with the
Wage and Hour Division, the certificate will remain in effect until the renewal has been granted or denied.
Form WH -228
Rev. January 2002
PW MAINTENANCE AGREEMENT - 16 - Rev. 6/2012
COUNCIL MEETING DATE: November 18, 2014 ITEM #: 5-�
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AUTHORIZATION TO AMEND THE 2013 -2014 SWM INFRASTRUCTURE MAINTENANCE AND SERVICE
CONTRACT (AG 13 -150)
POLICY QUESTION: Should Council authorize the Mayor to amend the 2013 -2014 SWM Infrastructure Maintenance
and Service Contract (AG 13 -150), increasing the total compensation by $333,026.00 and extending the term until
December 31, 2016 to allow for work performed in 2015 and 2016?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
DEPT: Public Works
STAFF REPORT BY.: Will._Appleton ..._P_E. ..._Interim Deputy Public Works Director..._.._ ... _ ..............._ ........... _ ........... ........ .......... ._...__......_ ............ ............. ......_.... _ ...................... _ ... _.............
Attachments:
1. LUTC Memorandum
2. Contract Change Order Agreement #2
Options Considered:
1. Authorize the Mayor to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract (AG 13-
150), increasing the total compensation by $333,026.00 and extending the term until December 31, 2016 to
allow for work to be performed in 2015 and 2016.
2. Do not authorize the Mayor to amend the agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 18, 2014 City
Council Consent Aaenda for, aDDroval. n
MAYOR APPROVAL: 7 a /7� DIRECTOR APPROVAL:
om ee Co lcil i ee
CHIEF OF STAFF: 44h
Com ee Council
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 18, 2014 City Council Consent
Agenda for approval.
PROPOSED COUNCIL MOTION: " I move to authorize the Mayor to amend the 2013 -2014 SWM Infrastructure
Maintenance and Service Contract (AG 13 -150), increasing the total compensation by $333,026.00 and extending
the term until December 2016 to allow for work to be performed in 2015 and 2016."
(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 3, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor �/
FROM: William Appleton, P.E., Interim Deputy Public rks Director 1/
Marwan Salloum, P.E., Public Works Director
SUBJECT: Contract Amendment — SWM Infrastructure Maintenance and Service
BACKGROUND:
On July 24, 2013, The City of Federal Way Surface Water Management Division entered into a contract
with Everson's Econo -Vac through December 31", 2014 for the SWM Infrastructure Maintenance and
Service Contract AG 13 -150 to provide catch basin cleaning, jet rodding and routine circuit cleaning in an
amount not to exceed $154,253.00. The contract was amended on March 26, 2014 to increase the total
compensation by $150,563.00 to fund work to be performed in 2014.
The contractor has agreed to a second extension of the contract until December 31, 2016, without any
increase in the unit prices (as bid in the original Agreement and detailed in RFB 13 -107, Attachment B
"Bid Form "). The total compensation will increase by $333,026.00 to cover the SWM budgeted amount
of $166,513.00 for each year in 2015 and 2016.
Everson's Econo -Vac has been providing this service to the City through previous contracts since 2003
and has proven to be reliable and proficient in surface water infrastructure maintenance. As a results,
City staff believes Everson's Econo -Vac can successfully execute this contract extension to the City's
satisfaction.
AVAILABLE FUNDING:
The 2015 and 2016 budget for the SWM Infrastructure Maintenace and Service Contract is $166,513.00
for each year for a total of $333,026.00. The contract is on a call -out basis only and will not overrun the
not to exceed amount of $166,513.00 per year.
cc: Project File
Central File
KALUTC\2014 \11 -03 -14 - EVERSONS CONTRACT EXTENSION.DOC
13 -150
PROJECT
NUMBER
CITY OF FEDERAL WAY
CONTRACT CHANGE ORDER AGREEMENT
2
CHANGE ORDER
NUMBER
SWM — Infrastructure Maintenance and Service
PROJECT TITLE
SUMMARY OF PROPOSED CHANGES:
Jan 1, 2015
EFFECTIVE DATE
Eversons Econo -Vac Inc.
CONTRACTOR
This Change Order No. 2 extends the term of the original contract by two years and increases the
value of the contract by the 2015 -2016 budgeted amounts for programmed maintenance and
service costs. The annual maintenance and service cost for 2015 and 2016 is $166,513.00 per
year for a total cost of $333,026.00.
The time provided for completion in the Contract is ❑ Unchanged ® Increased ❑ Decreased
by 731 Calendar Days. This Document shall become an Amendment to the Contract and all
provisions of the Contract not amended herein will apply to this Change Order.
Will this change affect expiration or extent of Insurance coverage? ® Yes ❑ No
If "Yes" Will the Policies Be Extended? ® Yes ❑ No
PRICE CHANGE LUMP SUM: INCREASE $333,026.00 DECREASE $
TOTAL NET CONTRACT:
STATEMENT:
INCREASE $333,026.00
DECREASE $
Payment for the above work will be in accordance with applicable portions of the standard
specifications, and with the understanding that all materials, workmanship and measurements
shall be in accordance with the provisions of the standard specifications, the contract plans, and
the special provisions governing the types of construction.
CHANGE ORDER AGREEMENT 1 1 /10
DEPARTMENT RECAP TO DATE:
*Adjustments:
ORIGINAL CONTRACT AMOUNT $154,253.00
PREVIOUS CHANGE ORDERS $150,563.00
THIS CHANGE ORDER $333,026.00
NEW CONTRACT AMOUNT $637,842.00
CONTRACTOR'S SIGNATURE DATE
JIM FERRELL, MAYOR DATE
CHANGE ORDER AGREEMENT 2 1 /10
SUBJECT: Authorization to Apply for Freshwater Algae Control Program Grant Funding, Available Fiscal Year
2016 (July 1, 2015)
POLICY QUESTION: Should Council authorize staff to apply for Department of Ecology Freshwater Algae
Control Program Grant Funding, available fiscal year 2016 (July 1, 2015)?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3,
2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Dan Smith Surface Water Quality Coordinator DEPT. Public Works
......................................................................................................................................................................................................................._........................................................ ................_.............. ................................ _ ... _ ...................... _._._._................_.......
Attachments: none
Options Considered:
1. Apply for Department of Ecology Freshwater Algae Control Grant Funding.
2. Do not apply for Department of Ecology Freshwater Algae Control Grant Funding.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 18, 2014 City
Council consent agenda for apprgy.41. n
MAYOR APPROVAL:
jP
CHIEF OF STAFF:
APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward Option I to the November 18, 2014 City Council consent
agenda for approval.
4'�'-70'44' �N
PROPOSED COUNCIL MOTION: "I move to authorize staff to submit grant application for Department of
Ecology Freshwater Algae Control Program Grant Funding available fiscal year 2016 (July 1, 201 S) ".
(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 3, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Dan Smith, Surface Water Quality Program Coor mator
SUBJECT: Authorization to Apply for Freshwater Algae Control Program Grant Funding, Available
Fiscal Year 2016 (July 1, 2015)
BACKGROUND:
Many lakes within Federal Way have experienced hazardous algae blooms (HABs) in recent years. Staff
is requesting authorization to apply for Department of Ecology Freshwater Algae Control Program Grant
Funding to implement a project to prevent or control excessive growth of freshwater algae, or to address
the cause of algal blooms, in one or more city freshwater lakes. Applications are accepted October 1
through November 15, 2014. If a grant is awarded, funds would be available July 1, 2015.
Eligible activities include: education and outreach; freshwater algae control and management; freshwater
algae management plans; freshwater algae monitoring programs; freshwater algae pilot projects;
freshwater algae research; freshwater algae sampling equipment; and nutrient reduction activities.
Ecology gives funding priority to projects on lakes where harmful algal blooms have occurred within the
past three years. The maximum grant amount for freshwater algae program grants is $50,000 ($66,667
total eligible project cost). Recipients are required to provide matching funds for Freshwater Algae
Control Program grants. Projects will be funded at 75 percent state share and 25 percent local share.
cc: Project File
Day File
COUNCIL MEETING DATE: November 18, 2014 ITEM #: 5 Y l
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2014 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD
POLICY QUESTION: Should the City of Federal Way accept the 2014 Emergency Management Performance
Grant award to fund the Emergency Management Specialist position and help fund the mass notification system
CodeRed?
COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: November 10th,
2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ray Gross, .
_........_.___._._.__._ ..__._.. .............._........._..... _ _._._.......--- ..._._...._.._
Attachments: Memorandum
2014 Emergency Management Performance Grant
Options Considered:
Option 1. Approve the 2014 Emergency Management Performance Grant
Option 2. Do not approve the 2014 Emergency Management Performance Grant and provide
direction to staff.
MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2014 Emergency Management
Performance Grant.
MAYOR APPROVAL: / / / 101 /y' DIRECTOR APPROVAL:
Conuniftee V Council Initial/Date
InitiaVDate Initial/Dat e
CHIEF OF STAFF: 1j l �% ly
"C?auuiittd.e Council
Initial/Dat Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the 2014 Emergency Management Performance Grant
to the November 18`h, 2014 City Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of accepting the 2014 Emergency Management
Performance Grant. "
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: October 29th, 2014
TO: Parks, Recreation, Human Services, and Public Safety Committee
VIA: Brian Wilson, Chief of Staff
FROM: Ray Gross, Emergency Manager
SUBJECT: 2014 Emergency Management Performance Grant (EMPG) Award
BACKGROUND:
The City of Federal Way Emergency Management Division has applied for the 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 $42,220. The performance period of the
2014 EMPG is from June 1, 2014 through August 31, 2015. 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, 1 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
2014 and 2015. 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
RETURN TO: RAY R o SS EXT: a 7
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DI V: Y y e y ! y i ►V�t L� �' Yl't e h
J
2. ORIGINATING STAFF PERSON: Ray J�ro SS EXT: of 7 l O� 3. DATE REQ. BY: kO'
4. TYPE OF DOCUMENT (CHECK ONE):
• CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
• PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
• REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
• ORDINANCE ❑ RESOLUTION
• CONTRACTAMENDMENT (AG #): ❑ INTERLOCAL
to OTHER 6 R A All-
pp
5. PROJECT NAME: Em erL e✓ tY M (4W I4 GeY pot Ie" ro;lm,*011 e 6y-amt ) 0 1 y
6. NAME OF CONTRACTOR: \114 �'�-oie /V I , 6i fo r V @� /
ADDRESS: TELEPHONE
E -MAIL: FAX:
SIGNATURENAME: g►c urd A. Wood ru TITLE CFO
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR /AMENDMENTS
/CONTRACT
8. TERM: COMMENCEMENT DATE: J'q v► E I ) o / V COMPLETION DATE: Ati NJ� P4 01 0
9. TOTAL COMPENSATION $ N A t...% p
!L,.N & S (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH 9CHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YEs ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑
CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED
rt PROJECT MANAGER Z Jo
-K DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
LAW 1,14
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL /DATE SIGNED
❑ LAW DEPARTMENT
❑ CHIEF OF STAFF
❑ SIGNATORY (MAYOR OR DIRECTOR)
• CITY CLERK
• ASSIGNED AG# AG#
❑ SIGNED COPY RETURNED DATE SENT:
COMMENTS:
11/9
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
$42,220
E15 -071
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, 2014
August 31, 2015
ray.gross@cityoffederalway.com
7. Department Program Manager, phone /email:
8. Data Universal Numbering System
9. UBI # (state revenue):
Kristin Ramos, (253) 512 -7083
(DUNS): 612509901
601 - 223 -538
kristin.ramos@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- 2014 -EP- 00033 -S01
743PT NZ
97.042 EMPG (14)
91- 1462550
15. Service Districts:
16. Service Area by County(ies):
17. Women /Minority- Owned, State
(BY LEGISLATIVE DISTRICT): 30
Certified ?: X N/A ❑ NO
(BY CONGRESSIONAL DISTRICT): 9
King
❑ YES, OMWBE #
18. Agreement Classification
19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local
❑ Contract X Grant X Agreement
Gov't
❑ Intergovernmental (RCW 39.34) ❑ Interagency
❑ Collaborative Research ❑ A/E ❑ Other
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 ❑NO
❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) /Federal Emergency Management Agency (FEMA) Emergency
Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management
programs to sustain 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 specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature Date Signature Date
Richard A. Woodruff, Contracts Administrator Brian Wilson, Chief of Staff
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable):
Brian E. Buchholz (signature on file) 8 -27 -2014
Assistant Attorney General
Applicant's Legal Review Date
Form 10/27/00 kdb
DHS - FEMA - EMPG -FFY 14 Page 1 of 33 City of Federal Way, E15 -071
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
Name
Ray Gross
Name -
Gary Stum h
Title
Emergency Manager
Title
Program Coordinator
E -Mail
ray.gross@cityoffederalway.com
E -Mail
a .stum h mil.wa. ov
Phone
253- 835 -2712
Phone
253- 512 -7483
Name
Name
Kristin Ramos
Title
Title
Program Manager
E -Mail
E -Mail
kristin.ramos@mil.wa.gov
Phone
Phone
253 -512 -7083
Name
Name
Title
Title
E- Mail
E- Mail'!
Phone'
Phone
ARTICLE II. ADMINISTRATIVE, FINANCIAL, AND PROGRAMMATIC REQUIREMENTS
The Sub - grantee shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by FEMA applicable to the FY 2014 EMPG Program,
including, but not limited to, all criteria, restrictions and requirements of the "Department of
Homeland Security Funding Opportunity Announcement FY 2014 Emergency Management
Performance Grant" document published by FEMA, the DHS Award Announcement Letter for
Grant No. EMW- 2014 - 00033, and the federal regulations commonly applicable to DHS /FEMA
grants, which are incorporated herein by reference.
The Sub - grantee acknowledges that since this 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 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 in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS /FEMA PREPAREDNESS
GRANTS:
The following requirements, which must be met prior to reimbursement, apply to all
DHS /FEMA Preparedness Grants administered by the Department.
1. REIMBURSEMENT & BUDGET REQUIREMENTS
a. This is a fixed price, reimbursement Grant Agreement.
Agreement amount, travel, sub - contracts, salaries and
printing, equipment, and other goods and services
categories will be reimbursed on an actual cost basis
provided in this Agreement.
Within the total
wages, benefits,
or other budget
unless otherwise
DHS - FEMA - EMPG -FFY 14 Page 2 of 33 City of Federal Way, E15 -071
b. 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, but shall not exceed
federal maximum rates set forth at http: / /www.gsa.gov without prior
written approval by Department key personnel.
C. Receipts and /or backup documentation for any approved budget line
items that are authorized under this Agreement must be maintained by
the Sub - grantee and be made available upon request by the Department,
and local, state, or federal auditors.
d. 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.Reimbursements @mil.wa.gov no later than the due dates listed
within the Milestone Timeline (Exhibit D), but not more frequently than
monthly.
e. Any request for extension of a due date will be treated as a request for
Amendment of the Agreement and must be submitted to the
Department's Key Personnel sufficiently in advance of the due date to
provide adequate time for Department review and consideration, and can
be granted or denied within the Department's sole discretion.
f. 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, except as
otherwise authorized by written amendment of the Agreement unless
written approval is issued from the Department as permitted by
amendment.
g. The maximum amount of all reimbursement requests permitted to be
submitted under this Agreement, including the final reimbursement
request, is limited to and shall not exceed the total Agreement Amount.
h. 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.
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 ".
j. 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) 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.
k. 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 14 Page 3 of 33 City of Federal Way, E15 -071
Cumulative changes to budget categories in excess of 10% of the
Agreement amount will not be reimbursed without prior written
authorization from the Department. In no case shall the total budget
amount exceed the Agreement amount. Budget categories are as
specified or defined on the Budget Sheet Exhibit E of the Agreement.
Any changes to budget categories other than in compliance with this
paragraph will not be reimbursed.
M. The Sub - grantee is to ensure that Federal funds received under this
Agreement do not replace (supplant) funds that have been budgeted for
the same purpose through non - Federal sources. The EMPG Program
prohibits supplanting, and the Sub - grantee may be required to
demonstrate and document that a reduction in non - Federal resources
occurred for reasons other than the receipt or expected receipt of Federal
funds.
2. REPORTING REQUIREMENTS
a. The Sub - grantee shall submit with each reimbursement request a report
describing completed Work Plan activities for which reimbursement is
sought in the format provided by the Department.
b. 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 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, the Sub - grantee
will submit a final report with its final reimbursement request to the
Department detailing progress on all activities listed in the Work Plan.
C. In conjunction with the final report, the Sub - grantee shall submit a
separate report detailing how the EMPG Exercise and Training
requirements were met for all personnel funded in any part through any
source of funding under this Agreement.
d. The Sub - grantee shall also 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.
e. The Sub - grantee shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
3. EQUIPMENT MANAGEMENT
All equipment purchased under this Agreement, by the Sub - grantee or a
contractor, will be recorded and maintained in the Sub - grantee's equipment
inventory system.
a. Allowable equipment categories for the FY 2014 EMPG Program are
listed on the web -based version of the Authorized Equipment List (AEL)
located at the DHS Lessons Learned Information Sharing Responder
Knowledge Base Home Page sponsored by FEMA at
http: / /www.Ilis.dhs.gov /knowledgebase. Reimbursement will only be
provided for purchases of the following equipment: (1) equipment
identified on the AEL as applicable to the EMPG program for which the
DHS - FEMA - EMPG -FFY 14 Page 4 of 33 City of Federal Way, E15 -071
Sub - grantee has received written approval from the Department Key
Personnel prior to purchase and, (2) equipment not identified on the AEL
as allowable under the EMPG Program for which the Sub - grantee has
received written approval from FEMA through the Department Key
Personnel prior to purchase. Sub - grantees must contact the Department
Key Personnel for assistance in seeking FEMA approval for purchase of
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 Program funds. No
reimbursement will be provided unless the appropriate prior written
approval has been provided.
b. Upon successful completion of the terms of this Agreement, all equipment
purchased through this 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.
C. The Sub - grantee, or a recognized sub - recipient/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.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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.
DHS- FEMA- EMPG -FFY 14 Page 5 of 33 City of Federal Way, E15 -071
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:
i. 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.
ii. 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.
j. As a 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 Agreement.
k. The Sub - grantee must obtain and maintain all necessary certifications
and licenses for the equipment. Sub - grantees are solely responsible for
ensuring equipment eligibility.
4. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Sub - grantee shall ensure full compliance with FEMA's Environmental
Planning and Historic Preservation (EHP) Program.
a. Sub - grantees proposing projects that have the potential to impact the
environment, including but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
facilities, or new construction including replacement of facilities, must
participate in the FEMA EHP review process.
b. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determine whether
the proposed project has the potential to impact environmental resources
and /or historic properties.
C. The Sub - grantee agrees that to receive any federal preparedness
funding, all EHP compliance requirements outlined in applicable guidance
must be met. The EHP review process must be completed before
funds are released to carry out the proposed project.
5. PROCUREMENT
The Sub - grantee shall comply with all procurement requirements of 44 CFR Part
13.36, Procurement and as specified in the General Terms and Conditions,
Exhibit B, A.28. 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.
6. SUB - GRANTEE MONITORING
a. 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
DHS- FEMA- EMPG -FFY 14 Page 6 of 33 City of Federal Way, E15 -071
regulations, as well as OMB Circular A -133, Audits of States, Local
Governments and Non - Profit Organizations.
b. To document compliance with OMB Circular A -133 requirements, the
Sub - grantee shall complete and return to the Department Attachment #2
"OMB Circular A -133 Audit Certification Form" with the signed Agreement
and each fiscal year thereafter until the Agreement is closed, upon which
the completed form is incorporated in and made a part of this Agreement.
C. Monitoring activities may include, but are not limited to:
i. review of performance reports;
ii. monitoring and documenting the completion of Agreement
deliverables;
iii. documentation of phone calls, meetings, a -mails and correspondence;
iv. review of reimbursement requests and supporting documentation to
ensure allowability and consistency with Agreement work plan, budget
and federal requirements;
v. observation and documentation of Agreement related activities, such
as exercises, training, funded events and equipment demonstrations;
vi. 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.
d. 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.
7. NIMS COMPLIANCE
a. 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.
b. 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.
C. The Sub - grantee agrees that in order to receive Federal Fiscal Year 2014
(FFY14) federal preparedness funding, to include EMPG, NIMS
compliance requirements for 2014 must be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS /FEMA, which is
provided to assist state, local and tribal governments enhance and sustain all -
hazards emergency management capabilities as authorized by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121
et seq.) and Section 662 of the Post Katrina Emergency Management Act (6
U.S.C. § 762).
2. The Sub - grantee shall comply with all applicable federal laws, regulations and
guidance referenced in the "Department of Homeland Security Funding
DHS - FEMA - EMPG -FFY 14 Page 7 of 33 City of Federal Way, E15 -071
Opportunity Announcement FY 2014 Emergency Management Performance
Grant" document published by FEMA, 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.
3. A portion of the FFY14 EMPG grant was identified by the state to be passed
through to local jurisdictions and tribes with emergency management programs
to supplement their local /tribal operating budgets to help sustain and enhance
emergency management capabilities under WAC 118 -09.
4. The Sub - grantee shall use the EMPG funds authorized under this Agreement
only to perform tasks as described in the Work Plan of the Sub - grantee's
application for funding, as approved by the Department and incorporated into this
Agreement. Funding may not be used to replace or supplant existing local or
tribal government funding of emergency management programs.
5. The Sub - grantee shall provide a fifty percent match of $42,220 of non - federal
origin. To meet matching requirements, the Sub - grantee cash matching
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.
6. Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the FFY14 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, 1S 241, IS 242,
and IS 244.
C. DHS FFY14 EMPG TERMS AND CONDITIONS
As a recipient of EMPG Program funding, the Sub - grantee shall comply with all
applicable DHS terms and conditions of the FFY14 EMPG Award Letter documents for
DHS Grant No. EMW- 2014 -EP- 00033, which are incorporated herein by reference,
including but not limited to the following:
Administrative Requirements — The administrative requirements that apply to
DHS award recipients originate from two sources:
a. Office of Management and Budget (OMB) Circular A -102, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments (also known as the "A -102 Common
Rule "). These A -102 requirements are also located within DHS
regulations at Title 44, Code of Federal Regulations (CFR) Part 13.
b. OMB Circular A -110, Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non- Profit Organizations, relocated to 2 CFR Part 215.
2. Cost Principles — The cost principles that apply to DHS award recipients originate
from one of the following sources:
a. OMB Circular A -21, Cost Principles for Educational Institutions, relocated
to 2 CFR Part 220.
b. OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal
Governments, relocated to 2 CFR Part 225.
DHS - FEMA - EMPG -FFY 14 Page 8 of 33 City of Federal Way, E15 -071
C. OMB Circular A -122, Cost Principles for Non - Profit Organizations,
relocated to 2 CFR Part 230.
3. Audit Requirements – The audit requirements for State, Local and Tribal
recipients of DHS awards originate from OMB Circular A -133, Audits of States,
Local Governments and Non - Profit Organizations.
4. Acknowledgement of Federal Funding from DHS -- The Sub - grantee must
acknowledge its use of 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.
5. Activities Conducted Abroad – The Sub - grantee must ensure that 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.
6. Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) – The Sub - grantee
must comply with the Act, which prohibits discrimination on the basis of age in
any program or activity receiving Federal financial assistance.
7. Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 - 12213) – The Sub -
grantee must comply with the requirements of Titles i, II, and III of the Act, which
prohibits recipients from discriminating on the basis of disability in the operation
of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities.
8. Best Practices for Collection and Use of Personally Identifiable Information (PII) –
If a Sub - grantee collects PII, it is required to have a publically- available privacy
policy that describes what PII they collect, how they use the PII, whether they
share PII with third parties, and how individuals may have their PII corrected
where appropriate. The DHS Privacy Impact Assessments is available as a
resource on this requirement at:
http: / /www.dhs.gov /xlibrary/ assets / privacy /privacy_pia_guidance_june20l 0. pdf
and http: / /www.dhs.gov /xlibrary/ assets / privacy /privacy_pia_template.pdf,
respectively.
9. Title V/ of the Civil Rights Act of 1964 (42 U.S. C. § 2000d et seq.), codified at 6
CFR Part 21 and 44 CFR Part 7 – The Sub - grantee must comply with the
requirements of the Act, which provides that no person in the United States will,
on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
10. Civil Rights Act of 1968 – The Sub - grantee must comply with the Act, 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 (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing
and Urban Development at 24 CFR Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or
more dwelling units —i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground -floor units in
buildings without elevators) —be designed and constructed with certain
accessible features (see 24 CFR § 100.201).
11. Copyright – The Sub - grantee must affix the applicable copyright notices of 17
U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship
(including award number) to any work first produced under Federal financial
assistance awards, unless the work includes any information that is otherwise
DHS - FEMA - EMPG -FFY 14 Page 9 of 33 City of Federal Way, E15 -071
controlled by the Government (e.g., classified information or other information
subject to national security or export control laws or regulations).
12. Debarment and Suspension —The Sub - grantee must comply with Executive
Orders 12549 and 12689, which provide protection against waste, fraud and
abuse by debarring or suspending those persons deemed irresponsible in their
dealings with the Federal government.
13. Drug -Free Workplace Regulations — The Sub - grantee must comply with the
Drug -Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that
all organizations receiving grants from any Federal agency agree to maintain a
drug -free workplace. These regulations are codified at 2 CFR 3001.
14. Duplication of Benefits — The Sub - grantee must comply with 2 CFR Part 225,
Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a
particular Federal award or cost objective under the principles provided for in this
authority may not be charged to other Federal awards to overcome fund
deficiencies.
15. False Claims Act and Program Fraud Civil Remedies — The Sub - grantee must
comply with the requirements of 31 U.S.C. § 3729 which set forth that no
recipient of federal payments shall submit a false claim for payment. See also 38
U.S.C. § 3801 -3812 which details the administrative remedies for false claims
and statements made.
16. Federal Debt Status — The Sub - grantee is required to be non - delinquent in their
repayment of any Federal debt. Examples of relevant debt include delinquent
payroll and other taxes, audit disallowances, and benefit overpayments. See
OMB Circular A -129 and form SF -4246, item number 17 for additional
information and guidance.
17. Fly America Act of 1974 — The Sub - grantee must comply with Preference for
U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102)
for international air transportation of people and property to the extent that such
service is available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative
guidelines issued by the Comptroller General of the United States in the March
31, 1981, amendment to Comptroller General Decision 13138942.
18. Hotel and Motel Fire Safety Act of 1990 — In accordance with Section 6 of the Act
(15 U.S.C. § 2225(a)), the Sub - grantee must ensure 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 and Control Act of 1974, 15 U.S.C. § 2225.
19. Limited English Proficiency (Civil Rights Act of 1964, Title VI) — The Sub -
grantee must comply with the Act's prohibition against discrimination on the
basis of national origin, which requires that recipients of federal financial
assistance take reasonable steps to provide meaningful access to persons
with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing
language assistance services, including oral interpretation and written
translation. In order to facilitate compliance with Title VI, recipients are
encouraged to consider the need for language services for LEP persons
served or encountered in developing program budgets. Executive Order
13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance
to recipients, assisting such organizations and entities in understanding their
language access obligations. DHS published the required recipient guidance
DHS - FEMA - EMPG -FFY 14 Page 10 of 33 City of Federal Way, E15 -071
in April 2011, DHS Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755 - 21768,
(April 18, 2011). The Guidance provides helpful information such as how a
recipient can determine the extent of its obligation to provide language
services; selecting language services; and elements of an effective plan on
language assistance for LEP persons. For additional assistance and
information regarding language access obligations, please refer to the DHS
Recipient Guidance http://www.dhs.gov/ guidance - published - help - department-
supported- organizations - provide - meaningful- access- people-limited and additional
resources on http: / /www.lep.gov.
20. Lobbying Prohibitions — The Sub - grantee must comply with 31 U.S.C. § 1352,
which provides that none of the funds provided under an award may be
expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal.
21. Non - supplanting Requirement — The Sub - grantee must ensure that Federal
funds do not replace (supplant) funds that have been budgeted for the same
purpose through non - Federal sources. Where federal statues for a particular
program prohibits supplanting, applicants or recipients may be required to
demonstrate and document that a reduction in non - Federal resources occurred
for reasons other than the receipt or expected receipt of Federal funds.
22. SAFECOM — If the Sub - grantee is awarded funds to provide emergency
communication equipment and related activities, the Sub - grantee must
comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications
( http : / /www.safecomprogram.gov /ecg/ 2014 .safecom_guidance — final.pdf).
23. Title IX of the Education Amendments of 1975 (Equal Opportunity in Education
Act) — The Sub - grantee must comply with the requirements of Title IX of the
Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that
no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any educational program or activity receiving Federal financial
assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part
19.
24. Trafficking Victims Protection Act of 2000 — The Sub - grantee must comply with
the requirements of the government -wide award term which implements Section
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance
with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,
November 13, 2007.
In accordance with the statutory requirement, the Agreement shall be terminated,
without penalty, if the Sub - grantee:
a. Engages in severe forms of trafficking in persons during the period of time
that the award is in effect;
b. Procures a commercial sex act during the period of time that the award is
in effect; or
C. Uses forced labor in the performance of the award or subawards under
the award.
DHS - FEMA - EMPG -FFY 14 Page 11 of 33 City of Federal Way, E15 -071
25. Rehabilitation Act of 1973 — The Sub - grantee must comply with the requirements
of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended,
which provides that no otherwise qualified handicapped individual in the United
States will, solely by reason of the handicap, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance. These requirements pertain to the
provision of benefits or services as well as to employment.
26. USA Patriot Act of 2001 — The Sub - grantee must comply with the requirements
of the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which
amends 18 U.S.C. §§ 175 -175c. Among other things, the USA PATRIOT Act
prescribes criminal penalties for possession of any biological agent, toxin, or
delivery system of a type or in a quantity that is not reasonably justified by a
prophylactic, protective, bona fide research, or other peaceful purpose.
27. Use of DHS Seal, Logo, and Flags — The Sub - grantee must obtain DHS's
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.
28. DHS Specific Acknowledgements and Assurances — The Sub - grantee
acknowledges and agrees, and will require any sub - recipients, contractors,
successors, transferees, and assignees to acknowledge and agree to comply
with applicable provisions governing DHS access to records, accounts,
documents, information, facilities, and staff:
a. Cooperate with any compliance review or complaint investigation
conducted by DHS.
b. Give DHS access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the
grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and
other applicable laws or program guidance
C. Submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate back -up documentation to support the
reports.
d. Comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed program guidance.
e. 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,
provide a list of all such proceedings, pending or completed, including
outcome and copies of settlement agreements to the DHS awarding office
and the DHS Office of Civil Rights and Civil Liberties.
f. 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.
DHS - FEMA - EMPG -FFY 14 Page 12 of 33 City of Federal Way, E15 -071
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 $500,000 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 14 Page 13 of 33 City of Federal Way, E15 -071
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 14 Page 14 of 33 City of Federal Way, E15 -071
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 (http: / /www.sam.gov) maintained by the federal
government. The SUB - GRANTEE also agrees not to enter into any arrangements or
contracts with any party on the Washington State Department of Labor and Industries'
"Debarred Contractor List" ( htto:// www. Ini. wa.gov[TradesLicensing /PrevWage /Awarding
Agencies /DebarredContractors /). The SUB - GRANTEE also agrees not to enter into any
agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debarred Vendor List
(http:/ /www.des.wa.gov/ services /ContractingPurchasing /Business /PagesNendor-
Debarment.aspx).
DHS- FEMA- EMPG -FFY 14 Page 15 of 33 City of Federal Way, E15 -071
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,
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
43.21C), 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.
DHS- FEMA- EMPG -FFY 14 Page 16 of 33 City of Federal Way, E15 -071
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.
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
DHS - FEMA - EMPG -FFY 14 Page 17 of 33 City of Federal Way, E15 -071
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.
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 (OSHA/WISHA)
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.
DHS- FEMA- EMPG -FFY 14 Page 18 of 33 City of Federal Way, E15 -071
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.
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.
DHS - FEMA - EMPG -FFY 14 Page 19 of 33 City of Federal Way, E15 -071
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.
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(1):
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
DHS- FEMA- EMPG -FFY 14 Page 20 of 33 City of Federal Way, E15 -071
60). (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub - grantees).
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
DHS- FEMA- EMPG -FFY 14 Page 21 of 33 City of Federal Way, E15 -071
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
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 14 Page 22 of 33 City of Federal Way, E15 -071
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 specified 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 14 Page 23 of 33 City of Federal Way, E15 -071
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 14 Page 24 of 33 City of Federal Way, E15 -071
Exhibit C
14EMPG WORK PLAN
Emergency Management Organization: City of Federal Way
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. The Work Plan delineates the Emergency Management Organization's
emergency management program planning and priority focus for this grant cycle (to include 14EMPG grant
and local funds).
Program Area #1 Public Education Community Emergency Management Tea
Traininq
The major objective is for the EM Specialist to conduct 3 basic CERT courses by the end of May 2015.
CERT team is trained to mitigate potential risk, know essential first response skills that will prevent fire,
medical iniuries, etc.
Emergency Management Function: I Crisis Communications, Public Education and Information
Sustainment or
# Activity Enhancement
U)
w
H
Community Emergency Response Team (CERT) Basic Course sustainment
Provide three iterations of the Basic CERT Training Course to train local
>
1
Description:
community members in basic disaster response skills they will need to
800Mhz Radio testing with King County and Zone 3
Sustainment
W
�_
respond to their community's immediate needs in the aftermath of a
L)
Kin Count tests 800Mhz Radios
9 Y
>
disaster, when emergency services are not immediately available.
Program Area #2 1 Communications Radio Checks with State and King County
Continue to test the CEMNET Radio with State EMD as determined by EMD and the 800Mhz Radio with
King County OEM. Take part in Amateur Radio EOC in 2 EOC drills and the annual Field Day. Will practice
local 150Mhz radio system on a quarterly basis with local partners.
I Emergency Management Function: I Communications and Warning
Sustainment or
# Activity Enhancement
DHS- FEMA- EMPG -FFY 14 Page 25 of 33 City of Federal Way, E15 -071
CEMNET Radio Testing with State EMD Sustainment
1
Description:
Emergency Communications with the State EMD on a quarterly basis
N
800Mhz Radio testing with King County and Zone 3
Sustainment
W
�_
2
p�
Descri tion:
Kin Count tests 800Mhz Radios
9 Y
>
Quarterly Amateur Radio test with radio clubs and CERT volunteers
Sustainment
v
a
3
Description:
I CERT volunteers and local radio club communication
150Mhz Radio Testing with local partners
Sustainment
4
Description:
Conduct radio tests with local partners; determine list of local partners; test
communications quarterly
DHS- FEMA- EMPG -FFY 14 Page 25 of 33 City of Federal Way, E15 -071
Program Area #3 1 Alert & Warning use of CodeRed notification system
Continue to test the CodeRed notification system for community awareness; ensure system effectiveness
and alignment with performance standards. Conduct preparedness and safety message test during April, 4
July, September, and December. Will also be used anytime know severe weather impacts local areas.
Emergency Management Function: I Communications and Warning
Sustainment or
# Activity Enhancement
y
1
System Test Sustainment
Description:
I Community test of CodeRed system during 3` quarter
W
F—.
Conduct response actions with newly assigned EOC staff to use as a
Description:
volunteer, and spontaneous volunteers into Standard Operating Procedures
Preparedness and Safety Message Testing
Sustainment
v
a
2
Description:
Maintain system knowledge with preparedness & safety message testing in
Volunteer Emergency Worker Plan Testing
2
Aril, July, and September of 2015
Program Area #4 1 Conduct two EOC and Policy Group drills
Conduct two EOC drills focusing on EOC activation /response and EOC close down /Recovery. Plan two
table top exercises with the Policy group focusing on their role in the four phases of emergency
Emergency Management Function: I Exercises, Evaluations and Corrective Actions
Sustainment or
# Activity Enhancement
Program Area #5 1 Planning for CERT and Spontaneous Volunteers
Develop volunteer emergency worker Standard Operating Procedures.
Emergency Management Function: I Operational Planning
Sustainment or
# Activity Enhancement
w
�=
1
Drill Activation Enhancement
1
Description:
Conduct response actions with newly assigned EOC staff to use as a
Description:
volunteer, and spontaneous volunteers into Standard Operating Procedures
v
baseline for to gauge improved response times in fall of 2014
during fall 2014 and winter 2015
EOC Drill close down
Enhancement
Volunteer Emergency Worker Plan Testing
2
Conduct recovery action with newly assigned EOC staff to replace
w
H
Description:
seasoned staff to use as a baseline to determine improved EOC staff duty
>
transition times
P
Policy Group Table -top
Enhancement
3
Description:
Role Play Policy Group positions to enhance training in preparedness &
response activities in winter of 2015
Policy Group Table -top
Enhancement
4
Description:
Role Play Policy Group positions to enhance training in mitigation and
I
L=0
I
recovery activities in winter of 2015
Program Area #5 1 Planning for CERT and Spontaneous Volunteers
Develop volunteer emergency worker Standard Operating Procedures.
Emergency Management Function: I Operational Planning
Sustainment or
# Activity Enhancement
w
�=
1
SOP development Enhancement
Determine roles for Volunteer Emergency Workers, CERT Trained
>
Description:
volunteer, and spontaneous volunteers into Standard Operating Procedures
v
during fall 2014 and winter 2015
a
2
Volunteer Emergency Worker Plan Testing
Enhancement
DHS- FEMA- EMPG -FFY 14 Page 26 of 33 City of Federal Way, E15 -071
Description: Test Volunteer Emergency Worker SOP via game / drill / table top /
functional exercise durina sprina /summer 2015
DHS- FEMA- EMPG -FFY 14 Page 27 of 33 City of Federal Way, E15 -071
Exhibit D
MILESTONE TIMELINE
FFY14 Emergency Management Performance Grant Program
MILESTONE
TASK
June 1, 2014
Start of Grant Agreement performance period.
December 31, 2014
Submit reimbursement request
March 31, 2015
Submit reimbursement request
June 30, 2015
Submit reimbursement request
August 31, 2015
End of grant performance period.
October 15, 2015
Submit final reimbursement request, additional reports, and /or
deliverables.
DHS- FEMA- EMPG -FFY 14 Page 28 of 33 City of Federal Way, E15 -071
Exhibit E
Budget Sheet
FFY14 Emergency Management Performance Grant Program
SOLUTION
AREA BUDGET CATEGORY AMOUNT NARRATIVE
Salaries & Benefits
$ 27,302
Emergency Management S ecialist
Q
Z Overtime /Backfill
$ -
QConsultants /Contractors
$ -
Goods & Services
$ 14,918
Emergency Communications Network CodeRed
Z
Travel /Per Diem
$ -
lag
G Indirect
$ -
Subtotal
$ 42,220
TOTAL Grant Agreement Contract
AMOUNT:
$ 42,220
• City of Federal Way will provide a match of $42,220, 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 Department's Reimbursement Spreadsheet must accompany each reimbursement request submitted.
• The Sub - grantee agrees to make all records available to Department staff, upon request.
Funding Source: U.S. Department of Homeland Security - PI# 743PT — EMPG
DHS- FEMA- EMPG -FFY 14 Page 29 of 33 City of Federal Way, E15 -071
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.
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 14 Page 30 of 33 City of Federal Way, E15 -071
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) if:
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 14 Page 31 of 33 City of Federal Way, E15 -071
WORKSHEET
Subrecipient Agency:
Grant and Year: Agreement Number:
Completed by:
Name Title Telephone
Date Completed:
Is your grant agreement less than $25,000?
YES
(
STOP, no further analysis
needed, GO to Step 6
NO
j- (
GO to Step 2
NO
STOP, no further
In your preceding fiscal year, did your
YES
organization receive 80% or more of its annual
— (
GO to STEP 3
r, (
analysis needed, GO
gross revenues from federal funding?
4
to Step 6
In your preceding fiscal year, did your
YES
NO
STOP, no further
organization receive $25,000,000 or more in
r (
GO to STEP 4
(
analysis needed, GO
federal funding?
4
to Step 6
Does the public have access to information about
YES
STOP, no further analysis
NO
the total compensation* of senior executives in
r (
needed, GO to step 6
l` " (
GO to STEP 5
your organization?
`
`
,. �«
P
Executive #1 Name:
Total Compensation amount: '$
Executive #2 Name:
Total Compensation amount: $
Name:
Executive #4 Total Compensation amount: $
Executive #5 Name:
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."
Signature: Date:
* 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/open
hftp://www.hrsa.gov/qrants/ffata.html
hftp://www.qgo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf
hftp://www.grants.gov/
DHS- FEMA- EMPG -FFY 14 Page 32 of 33 City of Federal Way, El 5-071
ATTACHMENT #2
OMB Circular A -133 Audit Certification Form
Audits of States, Local Governments, and Non - Profit Organizations
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 -133 can be found at http:// www. whitehouse.gov/ sitesldefaultlriles lomb/assetsla133/
a 933 revised 200bodf, 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] Fiscal Year ending [enter datel . 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 provided electronically to contracts.office(&mil.wa.Qov or provide the state auditor report
number:
❑ We completed our last A -133 Audit on [enter datej 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 provided electronically to contracts.ofFice(Mmil.wa.gov or provide the state auditor report
number:
❑ Our completed A -133 Audit will be available on [enter date] for Fiscal Year ending tenter date].
We will provide electronic copy of the audit report to contracts.officeemil.wa.gov at that time or provide the state
auditor report number:
I hereby certify that I am an individual authorized by the above identified entity to complete this forrn. 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 Chief Financial Officer:
Print Name & Title:
DHS- FEMA- EMPG -FFY 14 Page 33 of 33
Date:
WMD Form 1009-13,8/19/2013
City of Federal Way, E15 -071
COUNCIL MEETING DATE: November 18, 2014 ITEM #: 5 i
.... . ....... ................................... _ ................................................................... ................. ............. ............ _ .... ................. ........................................................................ ........................................................ ..................... _.._ ....... _ .............. _ .............. _ ................................. _ ..... _. ............... _ .............. _._......... ..__ ................ _._ ... _....
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2015 -2016 Human Services General Fund Grants Funding Recommendations
POLICY QUESTION: Should the City Council approve the funding recommendations for the 2015 - 2016
Human Services General Fund (HSGF) grants?
COMMITTEE: MEETING DATE:
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jeffr D. Watson, Community Services Manager DEPT: Community Development
..................... .. ........................................................................................................ Y........................................................................ ............................... �'_....................................................................... g............... ............................... .......
Attachments:
Human Services Commission (HSC) 2015 -2016 HSGF grants funding recommendations and Contingency Plan.
Background:
Every two years, the City Council authorizes funding for Human Services General Fund (HSGF) grants to
support human services programs that serve Federal Way residents. In 2010, the Council approved a 20 percent
increase to the previous HSGF budget of $430,000, resulting in a budget of $516,000 for 2011 and 2012. In
2012, the Council approved a $516,000 budget for 2013 and 2014 as well. The final HSGF budget for 2015 -2016
will be determined by the City Council later in the year.
Human Services Commission Process:
HSGF applications were received through a Notice of Funds Available process, which closed April 23, 2014.
Applicants utilized the "Sharelapp" online application system to apply for grants. The City received 71
applications for a total funding request of $1.25 million. The types of programs for which funding was requested
include emergency services, domestic violence services, counseling, refugee services, and others. Applications
were reviewed and rated by City staff and members of the Human Services Commission (HSC) and were
discussed in depth during three separate Commission meetings.
On October 20, 2014, the HSC held a public hearing to receive public comments on their proposed funding
recommendations. Following the public hearing, the Commission approved their preliminary HSGF funding
recommendations without change. The HSC also approved a Contingency Plan in the event that City Council
increases or decreases the recommended funding amount. The Commission's recommendations are contained in
the attached spreadsheet.
Options:
1. Approve the Human Services Commission's funding recommendations for the 2015 -2016 Human Services
General Fund grants and the Contingency Plan.
2. Direct staff to make changes to the Human Services Commission's funding recommendations for the
2015 -2016 Human Services General Fund grants and the Contingency Plan.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL'i' F �/ C ! DIRECTOR APPROVAL: ... r
ommittee t✓ uncil /y nit ate /
Initial/Date Initial/Date
CHIEF OF STAFF: ldkv� /A1,14
f
Committee couvff
Initial/Dat Init' /Dat
COMMITTEE RECOMMENDATION: I move to forward the proposed 2015 -2016 Human Services General Fund
grants funding recommendations and Contingency Plan to the November 18, 2014 consent agenda for approval.
�u
Committee Chair Committee Member Committ& Member
PROPOSED COUNCIL MOTION: "I move approval of the 2015 -2016 Human Services General Fund grants
funding recommendations and Contingency Plan. "
(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 #
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2015 -2016 Human Services General Fund
Contingency Plan
Increased Funding Level:
If the Human Services General Fund budget is increased to more than $516,000, the additional
funding will be allocated to specific programs recommended by the Human Services
Commission. The specific programs will be selected by the Commission at meeting subsequent
to the budget's approval by the City Council.
Decreased Funding Level:
If the Human Services General Fund budget is decreased to less than $516,000, the decrease
will be distributed on a pro rata basis among all programs except those programs for which such
a reduction would result in a grant amount of less than $3,000.
COUNCIL MEETING DATE: November 18, 2014 ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMERICAN TRAFFIC SOLUTION INC. PROFESSIONAL SERVICES CONTACT.
POLICY QUESTION: Should the City Of Federal Way enter into a new Professional Services Agreement with
American Traffic Solutions, Inc (ATS)?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: 11/10/2014
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT KURT SCHWAN DEPT: Police
............. . .................................................... ........... .................................... .... .................... . . . . . . . . . . . . ......................... . ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attachments:
1. PRHS & PS Memo
2. ATS Professional Services Agreement
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: 3 L</ 0 DIRECTOR APPROVAL:
e
Committ ou cil 3//'�/ Initial
CHIEF OF STAFF:
Com itt Council
COMMITTEE RECOMMENDATION: "I move to forward the American Traffic Solutions Agreement to the
November 18, 2014 City Council Consent Agenda. "
1 Committee Chair Committee Member Committee ember
PROPOSED COUNCIL MOTION: "I move approval of the American Traffic Solutions Agreement, and authorize
the Mayor to sign such agreement. "
(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 — 08/12/20 10 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 10, 2014
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Professional Services Contract - American Traffic Solutions, Inc. (ATS)
Background
Traffic safety is a high priority for the Police Department and through Red Light Photo Enforcement,
(RLPE); municipalities can use available technology to focus on citizen compliance with traffic
control devices at intersections. Through statistical data review this technology has continually
shown the ability to improve and further enhance traffic safety in multiple locations around the city.
In July 2014, Traffic Lieutenant Kurt Schwan conducted a thorough performance review of each
camera that shows our existing program is working well. We are confident that the contract with
ATS is appropriate and the fees are reasonable. The reported revenues and fees are closely tracked
by our Finance Department. Our current program continues to be 100 percent violator funded.
The photo- enforced intersections and school zones were chosen by the Police Department as the
locations of the highest incidents of red -light running and school zone speeding. Judging by the
consistent infraction reductions over the life of the program, the inference can be made that the photo
enforcement program is having the desired effect — drivers are slowing down in school zones and
stopping at red lights at monitored intersections. Good driving behavior, evidenced by motorists
obeying traffic laws, is much more prevalent with the onset of our photo enforcement program.
The Federal Highway Administration (FHWA) and the National Highway Traffic Safety
Administration (NHTSA) maintains that "A comprehensive approach to intersection safety
incorporates engineering, education, and enforcement countermeasures to prevent red -light
running and improve intersection safety. Red -light camera systems can be a very effective
countermeasure to prevent red -light running. " (Red -Light Camera Systems Operational Guidelines,
FHWA, January 2005.) Photo enforcement technology does not replace traditional methods of traffic
enforcement. Rather, it serves as a supplement to traditional traffic enforcement techniques, in
addition to educational and engineering efforts designed to enhance traffic safety. The Police
Department will continue to measure and evaluate the effectiveness of the red -light photo
enforcement program with regard to safety, traffic flow and citizen compliance with traffic control
devices.
Proposal
Our current Professional Services Contract with ATS expires December 31, 2014.
Our RLPE program is achieving the desired voluntary compliance results we anticipated. The City
may renew and extend the term of this contract consistent with other Professional Service
Agreements entered into by the City. Such renewal requires the approval of the Federal Way City
Council.
We recommend council approval to enter into a new three year contract with American Traffic
Solutions through December 31, 2017. This Agreement will automatically extend for a subsequent
three (3) year term; provided, however, that either party may terminate this Agreement at the
expiration of any term by providing written notice of its intent not to extend the Agreement one
hundred twenty (120) days prior to the expiration of the then - current term.
Below is an excerpt from the January through June 2014 biannual traffic report. These statistics
clearly show a continued reduction or reduction and plateau of collisions at the RLPE intersections
since the inception of the program, which in turn has increased the safety at these intersections.
"The following data compares the number of collisions occurring in all RLPE intersections prior to
and after the implementation of the program.
* Because 2008 and 2009 were inception/expansion years for the program, the most accurate comparison is reflected
during the 'fully operational" years of 2010 and later.
^ 2014 statistics document only the first six months of the year.
# Collision statistics starting in 2014 are now complied solely using the SECTOR (Statewide Electric Collision & Ticket
Online Records) database"
2
ntersecfi"
Total Co lions
�
Year
S 348 /Enchanted Pkwy
S
.. _
S 320 /Pacific Hwy S
S 312 /Pacific Hwy S
2005
41
54
'18
2006
44
58
26
2007
38
35
19
2008*
33
48
32
2009*
49
52
23
2010
20
33
18
2011
26
22
20
2012
26
22
24
2013
21
11
22
2014^#
11
6
6
* Because 2008 and 2009 were inception/expansion years for the program, the most accurate comparison is reflected
during the 'fully operational" years of 2010 and later.
^ 2014 statistics document only the first six months of the year.
# Collision statistics starting in 2014 are now complied solely using the SECTOR (Statewide Electric Collision & Ticket
Online Records) database"
2
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement which includes the attached Exhibits ( "Agreement') is made by
and between American Traffic Solutions, Inc. ( "ATS "), with its principal place of business at 1330 West
Southern Avenue, Tempe, Arizona, and the City of Federal Way ( "Customer "), a Washington municipal
corporation (ATS and Customer individually, a "Party", and collectively, the "Parties "). This Agreement
sets forth the terms, conditions and obligations of the Parties.
STANDARD PROFESSIONAL SERVICES AGREEMENT
............................................ ..............................1
I. DEFINITIONS .........................................................................................................
..............................2
II. GENERAL TERMS AND CONDITIONS .................................................................
..............................3
1. ATS AGREES TO PROVIDE: ......................................................................................................
3
2. CUSTOMER AGREES TO PROVIDE: .........................................................................................
3
3. TERM: ...........................................................................................................................................
3
4. ASSIGNMENT: .............................................................................................................................
3
5. FEES AND PAYMENT: ................................................................................................................
3
6. SITE SELECTION ANALYSIS: .....................................................................................................
4
7. COMMUNICATION OF INFORMATION: .....................................................................................
4
8. CONFIDENTIAL INFORMATION: ................................................................................................
4
9. OWNERSHIP OF SYSTEM: .........................................................................................................
4
10. INDEMNIFICATION AND INSURANCE: ......................................................................................
4
11. STATE LAW TO APPLY: ..............................................................................................................
6
12. TERMINATION: ............................................................................................................................
9
13. DISPUTE RESOLUTION: ................................................................
............................................ 6
14. CHANGE ORDERS: .....................................................................................................................
7
15. AMENDMENTS TO THE AGREEMENT: .....................................................................................
7
16. LEGAL CONSTRUCTION: ...........................................................................................................
8
17. PRIOR AGREEMENT SUSPENDED: ..........................................................................................
9
18. NO AGENCY: ...............................................................................................................................
9
19. FORCE MAJEURE :.......................................................................................
............................... 9
20. TAXES: .........................................................................................................................................
9
21. NOTICES: ................................................................................
.................................................... 9
EXHIBITA ......................................................................................................................
.............................11
SERVICE FEE SCHEDULE ....................................................................................
............................... 11
EXHIBITB ......................................................................................................................
.............................12
SCOPEOF WORK ..................................................................................................
............................... 12
1. ATS SCOPE OF WORK ..........................................................................
............................... 12
2. CUSTOMER SCOPE OF WORK ............................................................
............................... 14
EXHIBITC ......................................................................................................................
.............................17
DMV SERVICES SUBSCRIBER AUTHORIZATION ..............................................
............................... 17
WHEREAS, ATS has the exclusive knowledge, possession and ownership of certain equipment, licenses,
and the processes (collectively referred to as the "AxsisTM System" or "Axsis "); and
WHEREAS, Customer desires to use the Axsis System to monitor and enforce traffic violations and to
issue citations for said traffic violations.
The parties agree as follows:
I. DEFINITIONS
As used in this Agreement, the following words and terms shall, unless the context otherwise requires,
have the respective meanings provided below:
1. "Approach ": One (1) direction of travel on a road or a traffic intersection, including up to four (4)
contiguous lanes controlled by up to two (2) signal phases.
2. "Business Hours ": Eight (8) hours per day, Monday through Friday, excluding weekends and holidays.
3. "Camera System" or "Camera ": A photo - traffic monitoring device consisting of one (1) rear camera,
strobe, and traffic monitoring device capable of accurately detecting a traffic infraction on up to four (4)
contiguous lanes which records such data with one (1) or more images of such vehicle. "Camera
System" shall, where the context requires, also include any enclosure or cabinet and related
appurtenances in which the equipment is stationed.
4. "Change Order Notice ": Written notice from Customer requesting changes to the work required to be
performed or the addition of products or services to those required to the terms of this Agreement,
setting forth in reasonable detail the proposed changes.
5. "Change Order Proposar: A written statement from ATS describing the cost of the changes to the
work or addition of products or services requested by Customer in a Change Order Notice.
6. "Citation ": A citation or notice of violation or equivalent instrument issued by a competent state, county
or municipal law enforcement agent or agency or by a court of competent jurisdiction relating to a
violation documented or evidenced by Axsis.
7. "Eligible Cameras ": Cameras for which ATS has been billing Customer for a minimum period of twelve
(12) months.
8. "Fees ": The amount payable by Customer to ATS for equipment, services, and maintenance as set
forth in Exhibit "A ".
9. "Notice to Proceed': Written confirmation from Customer that ATS may proceed with the installation of
a given Camera System.
10. "Owner": The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the
motor vehicle department or the analogous agency of another state or country.
11. "Person" or "Persons ": Any individual, partnership, joint venture, corporation, trust, unincorporated
association, governmental authority or political subdivision thereof or any other form of entity.
12. "Project Time Line": The initial schedule and timelines required to begin the implementation of
Customer's project, as mutually agreed upon by the Parties.
13. "Start Date ": The first day of the month following the date on which the first Citation is issued from the
last camera installed under this Agreement, notwithstanding any Change Order Notices.
14. "Violation ": A failure to obey an applicable traffic law or regulation, including, without limitation, failure
to obey a traffic signal, operating a motor vehicle in excess of the posted speed limit, or operating a
motor vehicle without valid insurance.
Confidential
Page 2 of 17
4 4/1 AIM4A 44 -r-2 AAA
!`.1.. of C...I -1 \Al—,
II. GENERAL TERMS AND CONDITIONS
1. ATS AGREES TO PROVIDE:
The scope of work identified in Exhibit B, Section 1.
2. Customer AGREES TO PROVIDE:
The scope of work identified in Exhibit B, Section 2.
3. TERM:
This Agreement shall commence upon the Effective Date and shall continue for a term of three (3)
years beginning on January 1, 2015 (the "Start Date ") and expiring December 31, 2017. This
Agreement will automatically extend for a subsequent three (3) year term; provided, however, that
either party may terminate this Agreement at the expiration of any term by providing written notice of its
intent not to extend the Agreement one hundred twenty (120) days prior to the expiration of the then -
current term.
4. ASSIGNMENT:
Neither Party may assign all or any portion of this Agreement without the prior written consent of the
other, which consent shall not be unreasonably withheld or delayed. However, for business financing
purposes, ATS may sell, assign, transfer or convey any interest in this Agreement in whole or in part
without the written consent of the Customer.
5. FEES AND PAYMENT:
Customer shall pay for all equipment, services and maintenance based on the fee schedule indicated in
the Exhibit "A ", Service Fee Schedule 1.
5.1 Customer shall pay all Fees due ATS based upon invoices from the preceding month within thirty
(30) days of submission. Late payments are subject to interest calculated at 1.5% per month on
open balances. If Customer is more than sixty (60) days past due on payments to ATS, ATS
may, in its sole discretion, either (i) withhold all transfers /sweeps of violation payments to
Customer until Customer becomes current on its payments or (ii) exercise any other remedies
pursuant to Section 3 of this Agreement for non - payment of Service Fees by Customer.
5.2 ATS' Fees will be fixed for the first two (2) years of the first term; thereafter, unit prices will
increase annually by two percent (2 %) per annum.
5.3 Flexible Payment Plan. During the term of the Agreement, payments by the Customer may be
made to ATS under a Flexible Payment Plan if the total funds collected by the Program are
insufficient to cover the Fees due ATS. Under the Flexible Payment Plan, the Customer may
defer certain payments due and owing to ATS during the term of the Agreement. If at the end of
the term sufficient funds have not been collected by the Customer to pay the accrued balance
then due to ATS, ATS agrees to waive its right to recovery with respect to any balance owing to
ATS at the end of that term.
This Flexible Payment Plan will be applied as follows: ATS will maintain an accounting of any net
balances owed ATS each month during the term. If the total amount of funds collected from all
Camera Systems combined during a month exceeds the amount of the ATS invoice for the same
month, the Customer shall pay ATS the total amount due on the invoice. If the total amount of
funds collected from all Camera Systems combined during a month is less than the amount of the
ATS invoice for the same month, the Customer shall pay ATS only the amount collected during
the same month and Customer may defer payment of the remaining balance. If opting to use a
Flexible Payment Plan, Customer will provide ATS with sufficient information about payments
received directly by the Customer or by the Courts to accurately determine the amount of funds
collected. Payments due ATS shall be reconciled by applying funds collected in subsequent
Confidential
Page 3 of 17
1111AP7n4A 11 -G') ARA
months, first to the accrued balance and then to the subsequent monthly invoice. If at any time
the ATS invoices, including any accrued balance, are fully repaid, the Customer will retain all
additional funds collected. Any funds in excess of the total balance due (whether reserved in
cash or not by the Customer) will be available to offset future ATS invoices during the term of the
Agreement. Customer agrees and understands the Flexible Payment Plan shall be applied in the
aggregate across all installed Camera Systems and will not be applied on a per camera basis or
on a per month basis.
Example: Fee of $4,750 per Camera System per month and four (4) cameras installed. If during
Month 1 camera #1 revenue is $5,000, camera #2 revenue is $3,500, camera #3 revenue is
$6,000 and camera #4 revenue is $3,500, the total revenue from the cameras for the month is
$18,000. ATS would invoice Customer for $19,000 ($4,750 x 4 Camera Systems). However,
Customer would only be required to pay $18,000 in Month 1 and the $1,000 deficit would carry
over to subsequent months. If in Month 2 the combined revenue from the 4 cameras was
$28,000, ATS would invoice the Customer $20,000 (i.e., the $1,000 deficit from the prior month
plus the $19,000 monthly fee for the 4 Camera Systems). The Customer is not responsible for
any previously deferred balance remaining at the end of the term of the Agreement.
5.4 Flexible Payment Plan — Limitations. This provision shall not apply if: (1) the Customer elects not
to enforce all legally enforceable red light Violations; (2) the Customer elects not to pursue
collections on unpaid Violations when contractually obligated to do so; (3) the Customer directs
ATS to install a camera at a site where violation rates are projected by ATS to be below the rate
required by ATS for an acceptable installation; or (4) the Customer waives and /or fails to timely
process more than ten percent (10 %) of valid Violations forwarded to the Police for acceptance
according to the business rules defined by the Customer prior to the start of the program.
6. SITE SELECTION ANALYSIS:
Prior to implementing the Axsis System, ATS may conduct an analysis of each intersection Approach
being considered for a Camera System. For any Approach recommended by the Customer, ATS may
install a Camera System if a constructability analysis concludes an installation is feasible. However,
where traffic violation data does not meet ATS' minimum traffic requirements for an Axsis System,
monthly fees for such Camera System are not eligible for the Flexible Payment plan provisions
specified in section 5.3 of this Agreement. ATS makes no representations or warranties that any
violation rate estimates will be predictive of actual future traffic violation rates.
7. COMMUNICATION OF INFORMATION:
ATS will comply with reasonable requests for information obtained by ATS through operation of the
Axsis System. ATS reserves the right to assess a fee for such services.
8. CONFIDENTIAL INFORMATION:
No information given by ATS to Customer will be of a confidential nature, unless specifically designated
in writing as proprietary and confidential by ATS. However, nothing in this paragraph shall be construed
contrary to the terms and provisions of any "Open Records Act" or similar laws, insofar as they may be
applicable.
9. OWNERSHIP OF SYSTEM:
It is understood by the Customer that the System being installed by ATS is, and shall remain, the sole
property of ATS, unless separately procured from ATS through a lease or purchase transaction. The
System is being provided to Customer only under the terms and for the term of this Agreement.
10. INDEMNIFICATION AND INSURANCE:
10.1 Indemnification by ATS. Subject to Section 10.3, ATS agrees to indemnify the Customer and its
managers, officers, directors, employees, agents, representatives and successors (individually a
"Customer Party" and collectively, the "Customer Parties ") against all liabilities, obligations,
losses, damages, penalties and judgments (collectively, "Losses "), which may be imposed on or
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incurred by any Customer Party arising out of or related to the gross negligence or willful
misconduct of ATS, its employees or agents which result in death or bodily injury to any natural
person (including third parties) or any damage to any real or tangible personal property (including
the personal property of third parties), except to the extent caused by the gross negligence or
willful misconduct of any Customer Party.
10.2 Indemnification by Customer. Subject to Section 10.3, the Customer hereby agrees to indemnify
ATS and its affiliates, shareholders or other interest holders, managers, officers, directors,
employees, agents, representatives and successors, permitted assignees and all Persons acting
by, through, under or in concert with them (individually an "ATS Party" and collectively, the "ATS
Parties ") against any and all Losses which may be imposed on or incurred by any ATS Party
arising out of or related to the gross negligence or willful misconduct of the Customer, its
employees, contractors or agents which result in death or bodily injury to any natural person
(including third parties) or any damage to any real or tangible personal property (including the
personal property of third parties), except (i) to the extent caused by the gross negligence or
willful misconduct of ATS; (ii) any claim, action or demand (a "Claim ") not caused by ATS' failure
to perform its obligations under this Agreement; (iii) any Claim challenging the Customer's use of
the Axsis System, or any portion thereof; (iv) any Claim challenging the validity of the results of
the Customer's use of the Axsis System, or any portion thereof; or (v) any Claim challenging the
validity of the Citations issued, prosecuted and collected as a result of the Customer's use of the
Axsis System, or any portion thereof.
10.3 Indemnification Procedures. In the event of any Claim in respect of which any Party hereto seeks
indemnification from the other, the Party seeking indemnification (the "Indemnified Party ") shall
give the Party from whom indemnification is sought (the "Indemnifying Party ") written notice of
such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however,
that failure to give such notice shall not preclude indemnification with respect to such Claim
except to the extent of any additional or increased Losses or other actual prejudice directly
caused by such failure. The Indemnifying Party and the Indemnified Party shall cooperate in the
defense or settlement of any Claim and no Party shall have the right to enter into any settlement
agreement that materially affects the other Party's material rights or material interests without
such Party's prior written consent, which consent shall not be unreasonably withheld or delayed.
10.4 Insurance. ATS shall maintain the following minimum scope and limits of insurance:
10.4.1 Commercial General Liability Insurance including coverage for bodily injury, property
damage, premises and operations, products /completed operations, personal and
advertising injury, and contractual liability with a combined single limit of $1,000,000 per
occurrence and $5,000,000 aggregate.
10.4.2 Workers' Compensation as required by applicable state law and Employer's Liability
Insurance with limits of not less than $500,000 each accident. ATS shall at all times
maintain Worker's Compensation insurance coverage in the amounts required by law, but
shall not be required to provide such coverage for any actual or statutory employee of
Customer.
10.4.3 Comprehensive Business Automobile Liability Insurance for all owned, non -owned and
hired automobiles and other vehicles used by ATS with a minimum $1,000,000 per
occurrence combined single limit bodily injury and property damage.
10.4.4 The Customer and its officers and employees, shall be named as additional insured on
the comprehensive general liability policies provided by ATS under this Agreement. ATS
shall require any subcontractors doing work under this Agreement to provide and
maintain the same insurance, which insurance shall also name the Customer and its
officers, employees, and authorized volunteers as additional insureds.
10.4.5 Certificates showing ATS is carrying the above described insurance, and evidencing the
additional insured status specified above, shall be furnished to the Customer within thirty
(30) calendar days after the Effective Date of this Agreement. Such certificates shall
show that the Customer will be notified in accordance with the policy language relating to
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cancellations of such insurance policies. ATS shall forthwith obtain substitute insurance
in the event of a cancellation.
10.4.6 The Customer shall be responsible for vehicle insurance coverage on any vehicles driven
by Customer employees. Coverage will include liability and collision damage.
10.5 Limited Liability. Notwithstanding anything to the contrary in this Agreement, neither Party shall
be liable to the other, by reason of any representation or express or implied warranty, condition or
other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or
consequential damages, however caused and on any theory of liability, arising out of or relating to
this Agreement.
11. STATE LAW TO APPLY:
This Agreement shall be construed under and in accordance with the laws of the State of Washington.
12. DISPUTE RESOLUTION:
All disputes arising out of or in connection with the Agreement shall be attempted to be settled through
good -faith efforts between senior management of both Parties. Following thirty (30) days of
unsuccessful negotiation, a dispute may be submitted to professionally- assisted mediation. Before a
demand for mediation may be filed by either Party, the management of both Parties shall have met at
least two times in face -to -face meetings in an effort to resolve any dispute or controversy through
normal business management practices. Unless otherwise agreed to in writing, a minimum of one
meeting shall take place at each Party's home office location. Any mediator so designated must be
acceptable to each Party. The mediation will be conducted as specified by the mediator and agreed
upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with
the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be
treated as a settlement discussion and therefore will be confidential. The mediator may not testify for
either Party in any later proceeding relating to the dispute. No recording or transcript shall be made of
the mediation proceedings. Each Party will bear its own costs in the mediation. The fees and expenses
of the mediator will be shared equally by the Parties.
12.1 Failing resolution through negotiation or mediation, any remaining dispute shall be submitted to
binding arbitration in accordance with the Arbitration Rules for Professional Accounting and
Related Services Disputes of the American Arbitration Association ( "AAA Rules ") before a single
arbitrator. The place of arbitration will be mutually agreed upon within fourteen (14) days of a
decision to seek arbitration. Limited discovery will be permitted in connection with the arbitration
upon agreement of the Parties and upon a showing of substantial need by the Party seeking
discovery.
12.2 The arbitrator's decision shall follow the plain and 'natural meaning of the relevant documents,
and shall be final and binding. The arbitrator will have no power to award:
(i) damages inconsistent with the Agreement; or
(ii) punitive damages or any other damages not measured by the prevailing Party's actual
damages, and the Parties expressly waive their right to obtain such damages in arbitration or
in any other forum.
12.3 All aspects of the arbitration will be confidential. Neither the Parties nor the arbitrator may
disclose the existence, content or results of the arbitration, except as necessary to comply with
legal or regulatory requirements.
12.4 Each Party will promptly pay its share of all arbitration fees and costs, provided that such fees
and costs shall be recoverable by the prevailing Party as determined by the arbitrator. If a Party
fails to pay such share promptly upon demand, the arbitrator shall, upon written request by the
other Party, enter a final and binding decision against the nonpaying Party for the full amount of
such share, together with an award of attorney's fees and costs incurred by the other Party in
obtaining such decision, which decision may be entered in any court of competent jurisdiction.
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Except for the failure of a Party to pay arbitration fees and costs that requires resort to the
arbitrator to order such payment, the Parties will bear their own attorneys' fees in any matter or
dispute under this Agreement.
13. CHANGE ORDERS:
The Customer may from time to time request changes to the work required to be performed or the
addition of products or services to those required to the terms of this Agreement by providing a Change
Order Notice ". Upon ATS' receipt of a Change Order Notice, ATS shall deliver a written statement
describing the cost, if any (the "Change Order Proposal "). Following the Customer's receipt of the
Change Order Proposal, the Parties shall negotiate in good faith and agree to a plan and schedule for
implementation of the proposed changes; the time, manner and amount of payment or price increases
or decreases, as the case may be; and any other matters relating to the proposed changes. In the
event that any proposed change involves only the addition of equipment or services to the existing
Designated Intersection Approaches or the addition of Intersection Approaches to be covered by the
terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit A shall
govern. Any failure of the Parties to reach agreement with respect to any of the foregoing as a result of
any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement
shall be resolved in accordance with Section 12 ( "Dispute Resolution ") of this Agreement. Such
Change Order shall not invalidate the procurement process or this Agreement nor relieve or release
ATS or the Customer of any of its obligations under this Agreement unless stated therein.
14. TERMINATION:
14.1 ATS' services may be terminated:
By mutual written consent of the Parties; or
(ii) For Cause, by either Party where the other Party fails in any material way to perform its
obligations under this Agreement. Where Customer is in material breach of this Agreement
for non - payment of Service Fees to ATS, then ATS may exercise any or all of the following
remedies: (a) provide Customer written notice and ten (10) days to cure before suspending
performance and turning off ATS' cameras; (b) withhold payments to Customer, as described
in Section 5.1 below; (c) terminate this Agreement for cause where Customer's account
remains delinquent sixty (60) days after written notice; and (d) in addition to the foregoing,
seek any other available remedies at law or equity. In the event of termination by ATS under
this subsection for breach by Customer, Customer shall pay ATS an early termination fee
based on a price of $120,000 per Camera System amortized over sixty (60) months on a
straight -line basis. The amortization schedule for said costs shall be reduced by 1 /60th for
each month each Camera System is installed. Said another way, for every month a camera is
installed, $2,000 will be subtracted from the total $120,000 early termination fee for each
Camera System. Example: Customer signs Agreement in March of year 1 and installs one
(1) Camera System that same month. ATS terminates the Agreement for breach by
Customer in January of year 5. Fifty -eight (58) of the sixty (60) months having been
depreciated, Customer would owe ATS $4,000 ($2,000 x 2) for the early termination fee.
(iii) Without Cause, by either party upon ninety (90) days written notice. If Customer elects to
terminate this Agreement without cause, Customer shall pay ATS an early termination fee
based on a price of $120,000 per Camera System for each Camera System installed after the
Effective Date of this Agreement, amortized over sixty (60) months on a straight -line basis.
The amortization schedule for said costs shall be reduced by 1 /60th for each month each
Camera System is installed: Said another way, for every month a camera is installed, $2,000
will be subtracted from the total $120,000 early termination fee for each Camera System.
Example: Customer signs Agreement in March of year 1 and installs one (1) Camera System
that same month. Customer terminates the Agreement without cause in January of year 5.
Fifty -eight (58) of the sixty (60) months having been depreciated, the Customer would owe
ATS $4,000 ($2,000 x 2) for the early termination fee.
14.2 Termination under this subsection for any reason other than non - payment of Service Fees by
Customer is subject to the condition that the terminating Party notifies the other Party of its intent
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to terminate, stating with reasonable specificity the grounds therefore, and the other Party fails to
cure the default within forty -five (45) days after receiving written notice.
14.3 If this Agreement is terminated by ATS for non- payment of Service Fees by Customer, ATS shall
cease processing violations as of the date of such termination.
14.4 Upon termination of this Agreement, either for cause (except for termination by ATS for non-
payment) or because it has reached the end of its term, the Parties recognize that the Customer
will have to process Violations in the "pipeline ", and that ATS accordingly must assist the
Customer in this regard. Accordingly, the Parties shall take the following actions and shall have
the following obligations, which survive termination during the wind -down period:
(i) The Customer shall cease using the Axsis System to capture Violations.
(ii) Unless it is unlawful to do so, ATS shall, for a period of ninety (90) days, continue to process
all images taken by the Customer before termination and provide all services associated with
processing in accordance with this Agreement and shall be entitled to its monthly fees.
(iii) The Customer shall allow ATS to recover all provided equipment within a reasonable time not
to exceed ninety (90) days.
(iv) ATS shall remove any and all equipment or other materials ATS installed in connection with
ATS' performance of its obligations under this Agreement, at no cost to the Customer,
including but not limited to housings, poles and Camera Systems; provided, however, if this
Agreement is terminated for cause by ATS or without cause by Customer, then Customer
shall pay ATS the costs of removal.
(v) ATS shall restore the surface of Customer's property to substantially the same condition as
such property was in immediately prior to this Agreement, except for foundation removal,
which shall be left approximately flush with grade with no exposed bolts, or other hazards.
Installed underground conduit and other equipment shall not be required to be removed;
provided, however, if this Agreement is terminated for cause by ATS or without cause by
Customer, then Customer shall be responsible for restoring the site.
15. AMENDMENTS TO THE AGREEMENT:
The Parties may from time to time consider it in their best interest to modify or extend terms, conditions
or covenants of this Agreement; require modifications in the Scope of Services to be performed; or
request the performance of additional services regardless of and without invalidating the process that
was used to procure the services enumerated under this Agreement. If modifications result in additional
costs to Customer, ATS will provide a written estimate of such. Any such addition, deletion, extension
or modification, including any increase or decrease in the amount of ATS' compensation, which are
mutually agreed upon by and between the Customer and ATS shall be incorporated in written
amendments (herein "Amendments ") to this Agreement. Such Amendments shall not invalidate the
procurement process or this Agreement nor relieve or release ATS or the Customer of any of its
obligations under this Agreement unless stated therein.
16. LEGAL CONSTRUCTION:
In case any one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had not been contained herein. This Agreement shall be enforced to the
maximum extent possible so as to give effect to the intent of the Parties and shall be reformed without
further action by the Parties to the extent necessary to make such provision valid and enforceable
herein.
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17. PRIOR AGREEMENT SUSPENDED:
With the exception of the previous Memorandum of Understanding between the Federal Way Municipal
Court and ATS, dated October 1, 2008, which remains in full force and effect, this Agreement
constitutes the sole and only agreement of the Parties and supersedes any prior understanding, written
or oral, between the Parties respecting the written subject matter.
18. NO AGENCY:
ATS is an independent contractor providing services to the Customer and the employees, agents and
servants of ATS shall in no event be considered to be the employees, agents or servants of the
Customer. This Agreement is not intended to create an agency relationship between ATS and
Customer.
19. FORCE MAJEURE:
Neither Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or
delay in rendering performance arising out of causes beyond its reasonable control and without its fault
or negligence. Such causes may include but are not limited to, acts of God or the public enemy,
terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight
embargoes, or unusually severe weather. The Party whose performance is affected agrees to notify
the other promptly of the existence and nature of any delay.
20. TAXES:
At the time of execution of this Agreement, it is the understanding of the Parties that ATS' services
provided hereunder are not subject to federal, state or local taxes including but not limited to excise,
sales, use, property or similar taxes or charges. The Customer agrees to reimburse ATS for any such
tax or charge if charged against ATS. If incurred, such taxes or charges may be invoiced at any time.
21. NOTICES:
Any notices or demand which, under the terms of this Agreement or under any statute, must or may be
given or made by ATS or Customer shall be in writing and shall be given or made by personal service,
telegram, first class mail, FedEx, or by certified or registered mail to the Parties at the following
address:
City of Federal Way
33325 8th Ave. S.
Federal Way, WA 98003
Attn: Assistant City Manager
22. EXECUTION:
American Traffic Solutions, Inc.
1330 West Southern Avenue
Tempe, Arizona 85282
Attn: Legal
This Agreement may be executed in one or more counterparts, each of which will be deemed to be an
original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute
one and the same Agreement. The exchange of copies of this Agreement and of signature pages by
facsimile or ".pdf' transmission shall constitute effective execution and delivery of this Agreement as to
the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the
Parties transmitted by facsimile or ".pdf' shall be deemed to be their original signatures for any purpose
whatsoever.
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23. EXHIBITS:
The attached Exhibits are incorporated herein and include:
Exhibit A ..............SERVICE FEE SCHEDULE
Exhibit B ..............SCOPE OF WORK
Exhibit C ..............DMV SERVICES SUBSCRIBER AUTHORIZATION
By signing below, the Parties agree to the terms and conditions of this Agreement together with the
attached Exhibits. This Agreement contains the complete and exclusive statement of the agreement
between the Parties relating to the matters referenced herein and replaces any prior oral or written
representations or communications between the Parties. Each individual signing below represents that
s /he has the requisite authority to execute this Agreement on behalf of the entity which s /he represents
and that all the necessary formalities have been met. This Agreement is effective on the date of execution
by the last signatory to this cover page ( "Effective Date ").
ACKNOWLEDGED AND AGREED TO BY:
AMERICAN TRAFFIC SOLUTIONS, INC.
By:
David Roberts, Executive VP
1111A/7r\1A 11-G'2 ARA
CITY OF FEDERAL WAY. WASHINGTON
By:
Date Name/Title
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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Date
Date
Date
EXHIBIT A
SERVICE FEE SCHEDULE
1.0 Description of Pricing
Fees are based on per camera and are as follows:
Red Light Camera Fee: $4,750 per camera/per month
Fee includes all costs required and associated with one rear -only Camera System installation,
maintenance, and on -going field and back -office operations. Includes red -light camera
equipment for a 4 -lane approach with up to two (2) signal phases, installation, maintenance,
violation processing services, DMV records access, First Class mailing of notice of violation
with return envelope, mailing of second notice (as needed), lockbox and epayment processing
services, excluding user convenience fee, IVR call center support for general program
questions and public awareness program support. ATS' monthly fee includes postage for the
first class mailing of the 1st notice. Certified mail is extra and will be billed per unit as
published by the US Postal Service at http: / /www.usps.com/ prices /extra - services - prices.htm.
2.0 Fixed Speed Camera for School! Zone Enforcement Fee: $4,750 per
camera/per month
Fee includes a 4 -lane site and up to 1,200 issued citations per month per camera. $5.00 per
citation for each citation over 1,200 per month per camera.
3.0 Optional Collection Services:
ATS may initiate collection efforts of delinquent notices upon written request by Customer, so
long as collection of said recovered revenue amounts does not conflict with State Law. ATS
will be entitled to receive portions of the collected revenue as noted below. The maximum is
30% total for both pre - collection and collection. For those accounts in default that go to
collection, this is in addition to our Fees noted above.
Pre - Collection Letters 10% of Recovered Revenue
Delinquent Collections Services 30% of Recovered Revenue
In the event that Customer elects to have ATS provide collections services, Customer shall so
notify ATS in writing. Customer agrees that, once ATS' collections services are elected,
Customer may not utilize another vendor for these collections services without prior written
consent from ATS through an amendment to this Agreement.
4.0 Optional Annual Training Conference: ATS provides a comprehensive user training
conference (the "Conference ") for active photo traffic safety and enforcement clients. The
Conference's main focus is training of the system. Core elements include training on
implementation methods and improvements, operational monitoring and improvements,
statistical analysis, public relations and technology assessment. The sessions include
participation by industry members, industry speakers and panel discussions. The Conference
will be held in the Phoenix Metropolitan area. Customer shall be invoiced $100 per month per
attendee and can assign up to three (3) project team members to attend the Conference each
year. The $1,200 fee per attendee will cover travel, accommodations and all related
Conference fees.
5.0 Optional Public Relations Services: ATS may provide additional public relations services
upon written request by Customer. These services may include advertising, media relations,
and public relations consultants. The fee for such services shall be mutually agreed upon
based on the scope of the public relations services to be provided.
6.0 Video Retrieval Fee: ATS shall retrieve up to one (1) video per week at no cost to Customer.
For all additional video retrievals, the fee is $10.00 each.
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EXHIBIT B
SCOPE OF WORK
1. ATS SCOPE OF WORK
1.1 ATS IMPLEMENTATION
1.1.1 ATS agrees to provide Camera System(s) and services to the Customer as outlined in
this Agreement, excluding those items identified in Section 2 titled "Customer Scope of
Work ". ATS and the Customer understand and agree that new or previously unforeseen
requirements may, from time to time, be identified and that the Parties shall negotiate in
good faith to assign the proper Party the responsibility and cost for such items. In
general, if work is to be performed by the Customer, unless otherwise specified, the
Customer shall not charge ATS for the cost.
1.1.2 ATS will continue to operate Camera Systems installed prior to the Effective Date of this
Agreement.
1.1.3 ATS will assist the Customer with Site Selection Analysis of candidate sites for any new
sites to be installed following the Effective Date of this Agreement.
1.1.4 ATS will install any Camera System(s) at a number of intersections or other locations as
mutually agreed upon between ATS and the Customer after completion of Site Selection
Analysis.
1.1.5 ATS will operate each Camera System on a 24 -hour basis, barring downtime for
maintenance, normal servicing activities, or other unforeseen instances (i.e., acts of God,
etc.).
1.1.6 ATS' in -house Communications Department will assist the' Customer with public
information content and outreach campaign strategies. Depending upon the mutually
agreed -upon strategy, ATS may provide public relations consultants, advertising, or
media relations for an additional fee as described in Exhibit A, Service Fee Schedule.
1.1.7 ATS agrees to provide a secure website (www.violationinfo.com) accessible to Owners
who have received Notices of Violation by means of a Notice # and PIN, which will allow
Violation image and video viewing. As part of the secure website, ATS will provide a
Frequently Asked Questions (F.A.Q.) page. ATS will operate this secure website on a 24-
hour basis, barring downtime for maintenance, normal servicing activities, or other
unforeseen instances (i.e., acts of God, etc.).
1.1.8 ATS will provide technician site visits to each Camera System, as needed to perform
preventive maintenance checks consisting of camera enclosure lens cleaning; camera,
strobe and controller enclosure cleaning; inspection of exposed wires; and, general
system inspections and maintenance.
1.1.9 ATS shall take reasonable best efforts to repair a non- functional Camera System within
seventy -two (72) business hours of determination of a malfunction, except for those
causes of Force Majeure as outlined in Section 18 in the General Terms and Conditions
of this Agreement.
1.1.10 For any customer using ATS lockbox or epayment services, ATS will establish a
dedicated demand deposit account. If Customer is more than sixty (60) days past due on
payments to ATS, ATS may withhold all transfers /sweeps of violation payments to
Customer until Customer becomes current on its payments. One time setup, monthly
merchant account servicing costs and nonsufficient funds fees shall be billed through to
the Customer monthly.
1.1.11 ATS is authorized to charge, collect and retain a convenience fee of up to 5% for each
electronic payment processed. Such fee is paid by the violator.
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1.2 ATS OPERATIONS
1.2.1 If a warning period is required, ATS shall provide the Customer with a one -time warning
period up to thirty (30) days in length following the installation and activation of the first
installed Camera System. Customer shall not be charged a fee for the warning period;
however for any warning period exceeding thirty (30) days the Customer shall be
responsible for the normal monthly Service Fee.
1.2.2 ATS shall provide the Customer with an automated web -based Citation processing
system ( Axsis) including image processing, first notice printing and mailing of Citation or
notice of violation per chargeable event and a mailing of a text only reminder notice, a
hearing scheduled letter, a hearing denied letter, an insufficient information letter, and a
dismiss letter. Each Citation or notice of violation shall be delivered by First Class mail to
the Owner within the statutory period. In the case of a transfer of liability by the Owner,
ATS may also mail a Citation or notice of violation to the driver identified in the affidavit of
non - liability or by rental car companies. Costs of certified mailings are priced separately
and paid by the Customer for additional compensation to ATS as indicated in Exhibit A.
1.2.3 Subsequent notices, other than those specified in subsection 1.2.2 may be delivered by
First Class or other mail means for additional compensation to ATS as agreed upon by
the Parties.
1.2.4 ATS shall apply an electronic signature to the Citation when authorized to do so by an
approving law enforcement officer.
1.2.5 ATS shall seek records from out -of -state vehicle registration databases and use such
records to issue Notices of Violation for the Customer according to each pricing option.
ATS assumes this responsibility as a named Customer's agent by signing of DMV
Services Subscriber Authorization found in Exhibit C of this Agreement. ATS reserves
the right to mail Notices of Violation to the address of the Owner obtained through the
DMV, obtained through the National Change of Address (NCOA) database provided by
the United States Postal Service, or obtained through other means including but not
limited to skip tracing.
1.2.6 If Customer is unable to or does not desire to integrate ATS data to its adjudication
system, ATS shall provide one on -line adjudication processing module, which will enable
the adjudication function to review cases, related images, up to six (6) correspondences,
and other related information required to adjudicate the disputed Violation. The system
will also enable the Court staff to accept and account for payments. Any costs charged
by a third party vendor related to the provision of ATS data to the adjudication system are
the responsibility of the Customer.
1.2.7 The Axsis System shall provide the Customer with the ability to run and print standard
system reports. For any reports not readily available from the Axsis System, ATS shall
provide a cost estimate to the Customer for providing such services.
1.2.8 In those instances where damage to a Camera System (or sensors where approved) is
caused by (i) negligence on the part of ATS or its authorized agent(s), (ii) negligence or
recklessness on the part of a driver, or (iii) severe weather or acts of God, ATS shall bear
the cost of repair. For all other causes of damage, Customer shall reimburse ATS for the
cost of repair.
1.2.9 ATS shall provide a help -line to assist the Customer with resolving any problems
encountered regarding its Camera System and /or Citation processing. The help -line shall
function during normal business hours.
1.2.10 As part of its Camera System, ATS shall provide violators with the ability to view
Violations online. This online viewing system shall include a link to the ATS payment
website(s) and may offer the opportunity to download an affidavit of non - liability online.
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Online obtained affidavits, if approved by the Court, may be directed to and processed by
ATS and communicated to the Court via the Axsis transfer described above.
1.2.11 For video retrievals requested by Customer unrelated to enforcement of a Violation,
including but not limited to investigation of a criminal matter, ATS will provide up to one
(1) video retrieval per week at no cost to Customer. For each additional video retrieval,
Customer shall pay a fee, pursuant to Exhibit A ( "Video Retrieval Fee ").
2. CUSTOMER SCOPE OF WORK
2.1 GENERAL IMPLEMENTATION REQUIREMENTS
2.1.1 The Customer shall direct the Chief of Police or approved alternate to execute the ATS
DMV Services Subscriber Authorization (Exhibit C) to provide verification to the State
Department of Motor Vehicles, National Law Enforcement Telecommunications System,
or appropriate authority indicating that ATS is acting on behalf of the Customer for the
purposes of accessing vehicle ownership data pursuant to the list of permissible uses
delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b) (1) and as
may otherwise be provided or required by any provision of applicable state law.
2.1.2 The Customer is responsible for notifying ATS of any legislative and /or ordinance
changes in writing within forty-eight (48) hours of the first read of the proposed legislation.
ATS will not be responsible for any damages if not notified within the required time.
2.1.3 The Customer is responsible for all final jurisdictional issues.
2.1.4 Once a Notice to Proceed is granted to ATS in writing or by email, the Customer shall not
issue a stop work order to suspend activity on the implementation process, unless
Customer reimburses ATS for costs incurred up to the date the stop work order is issued.
2.1.5 Once a camera system is installed and certified by ATS as operational, it shall be
immediately put into service. If a Camera is inactive for more than seven (7) days for
any reason not caused by ATS, other than Force Majeure as provided in Section 18, the
Customer shall pay a reduced fee of two thousand five hundred dollars ($2,500.00) per
camera per month.
2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.2.1 If the Customer requests that ATS move a Camera System to a new Approach after initial
installation, the Customer shall pay for the costs to relocate the Camera System.
2.2.2 If a construction or improvement project requires an installed Camera System to be
deactivated or requires a Camera System, including imbedded sensors, to be moved or
removed, Customer shall reimburse ATS for its lost revenue and any costs for moving or
removing the Camera System. Customer may elect to reimburse ATS directly or ATS
may recover its costs from program funds in addition to its normal fee.
2.2.3 Prior to the installation of any Camera System, Customer shall provide ATS information
regarding any and all road construction or improvement projects scheduled during the
term of this Agreement for any intersection Approach designated for Camera System
installation.
2.2.4 Customer will design, fabricate, install and maintain any necessary traffic warning signs.
If Customer cannot provide such signage, ATS will do so and Customer shall reimburse
ATS for such costs.
2.2.5 Customer understands that proper operation of the Red Light Camera system requires
access to traffic signal phase connections. Customer, therefore, shall provide free access
to traffic signal phase connections according to approved design. When traffic signal
phase connections are not under the jurisdiction of the Customer, it shall be the
Confidential
Page 14 of 17
11 11AP)n4A 41 G'2 ANA
Customer's responsibility to negotiate agreements with the owner or maintaining agency
of the traffic signal controller and infrastructure in order to provide the required access to
said phase connections and infrastructure and any costs associated with needed
agreements shall be funded by the Customer.
2.2.6 Customer understands that proper operation of the system sometimes requires
attachment of certain items of detection equipment to existing signal masts, mast arms
and / or other street furniture. Customer, therefore, shall provide free access to ATS to
attach of certain items of detection equipment to existing signal masts, mast arms and /
or other street furniture for the proper operation of the system.
2.2.7 Customer shall allow ATS to access power from existing power sources at no cost and
shall allow or facilitate access to traffic signal phase connections to a pull box, pole base,
or controller cabinet nearest to each Camera System within the Customer's jurisdiction. If
these items are not made available, the costs of any additional conduit or power
infrastructure needed to support installation of the Camera System shall be funded by
Customer. ATS may agree to cover these upfront costs and recover the costs from the
collected revenue in addition to its normal fees. If existing power sources are not
immediately available, Customer will allow ATS to use temporary power until the existing
power is established. In situations where it is not possible to obtain electrical power from
a pre- existing source, Customer shall bear the costs (or reimburse ATS) for
obtaining /routing power. When access to power facilities is not under the jurisdiction of
the Customer, it shall be the Customer's responsibility to negotiate any necessary
agreements with the owner or maintaining agency of the power facility and infrastructure
in order to provide required access to said power facilities and infrastructure. Any costs
associated with the needed agreements shall be funded by the Customer
2.2.8 Customer shall not require ATS to provide installation drawings stamped by a licensed
civil engineer. However, ATS work product and drawings shall be overseen and approved
by an ATS PE and such deliverables shall conform to applicable engineering norms and
reflect the details of installation work to be completed.
2.2.9 Customer shall approve or reject ATS submitted plans within seven (7) business days of
receipt and shall limit iterations to a total of one revision beyond the initially submitted
plans. Total plan approval duration shall not exceed ten (10) business days. The
Customer shall provide its best efforts in providing aid in achieving these timeframes for
plan approvals when plans are being reviewed and permitted by any State and /or County
agencies.
2.2.10 Customer, or any department of Customer, shall not charge ATS or its subcontractor(s)
for building, construction, electrical, street use and /or pole attachment permits, including
any fee for traffic control services during installation or maintenance of a Camera System.
Customer shall also fund any and all needed State and /or County permits.
2.2.11 Customer understands and agrees that time is of the essence and that public safety is at
issue and shall issue all needed permits to ATS and its subcontractor(s) within three (3)
business days of plan approval. The Customer shall provide its best efforts to aid in
achieving these timeframes for permit issuance when permitted by any State and /or
County agency.
2.2.12 If required by the submitted design for proper operation, Customer shall allow ATS to
install vehicle detection sensors -in the pavement of roadways within the Customer's
jurisdiction, as permitted. The Customer shall provide its best efforts to aid in acquiring
any and all required permission and permits when the roadway is under the jurisdiction of
the State or County.
2.2.13 Customer shall allow ATS to build needed infrastructure into any existing Customer -
owned easement.
Confidential
Page 15 of 17
9914AP)A4A 44.=o ARA ra..sr...+.....1%At -,, �n�....ti�....�....
2.2.14 If use of private property right -of -way is needed, Customer shall assist ATS in acquiring
permission to build in existing utility easements as necessary. Any costs for private
property right -of -way lease /rental costs shall be borne by the Customer as it is expressly
excluded from the base fee structure identified in the fee schedule.
2.3 LAW ENFORCEMENT DEPARTMENT OPERATIONS
2.3.1 Customer shall process each potential Violation in accordance with State Law and /or
Municipality Ordinances within three (3) business days of its appearance in the Law
Enforcement Review Queue, using Axsis to determine which Violations will be issued as
Citations or notices of violation. In the event that Customer fails to process potential
Violations within this timeframe, ATS shall not be liable for failure to issue a notice or
citation within statutory timeframes.
2.3.2 For optimal utilization, Customer workstation computer monitors for Violation review and
approval should provide a resolution of 1280 x 1024.
2.3.3 For optimal data throughput, the Customer workstations should be connected to a high-
speed internet connection with bandwidth of T -1 or greater.
2.3.4 Customer shall provide signatures of all authorized Law Enforcement users who will
review events and approve Citations on forms provided by ATS.
2.4 COURTS OPERATIONS
2.4.1 If Customer does not provide payment processing services, Customer shall use ATS
payment processing services. The fees for lockbox and epayment services are presented
in Exhibit A.
2.4.2 Customer shall provide a judge and court facilities to schedule and hear disputed
Citations.
2.4.3 Customer shall provide the specific text required to be placed on the Citation or notice of
violation to be issued by ATS within thirty (30) days of the Effective Date of this
Agreement.
2.4.4 Customer shall approve the Citation or notice of violation form within fifteen (15) days of
receipt from ATS. ATS reserves the right to make non - substantive formatting or
incidental changes to the Citation or notice of violation without approval by Customer.
2.4.5 ATS shall handle inbound and outbound phone calls and correspondence from
defendants who have questions about court dates, scheduling, payments and other
services provided by the ATS. The Court may refer citizens with questions regarding
ATS or Axsis technology and processes to websites and /or toll -free telephone numbers
provided by ATS for that purpose. The Court shall handle all inbound and outbound
phone calls and correspondence from defendants regarding final citation adjudication by
the judge.
2.4.6 Any potential, one time, direct costs to ATS to develop an interface between the Court
system will be initially paid by ATS and any such cost will be reimbursed to ATS from
collected revenues in addition to the Fees in Exhibit A, Service Fee Schedule 1.
2.5 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS
2.5.1 In the event that remote access to the ATS Axsis System is blocked by Customer
network security infrastructure, the Customer's Department of Information Technology
shall coordinate with ATS to facilitate appropriate communications while maintaining
required security measures.
Confidential
Page 16 of 17
11 11AP)A4A 14.1.'2 ARM
f`;1.. -f Cn.d....,1 %A /—., IA1n k;n *--
EXHIBIT C
DMV SERVICES SUBSCRIBER AUTHORIZATION
Agency ORI:
DATE
Nlets
1918 W. Whispering Wind Dr.
Phoenix, AZ 85085
Attn: Steven E. Correll, Executive Director
Re: Authorization for American Traffic Solutions, Inc. to Perform MVD Inquiry
Dear Mr. Correll:
Please accept this letter of acknowledgement that a Agreement to perform automated enforcement
between and American Traffic Solutions, Inc. is or will be enacted
and will be or is in force. As a requirement of and in performance of that Agreement between
American Traffic Solutions, Inc., it will be necessary for
American Traffic Solutions, Inc. to access Nlets motor vehicle data.
Please accept this letter as authorization from for American Traffic
Solutions, Inc. to run motor vehicle inquiries. This authorization is and will be in effect for the term of our
Agreement with Nlets and any subsequent renewals.
This authorization will automatically expire upon the termination of the Agreement between
and American Traffic Solutions, Inc., and, such authorization is
limited to violations detected by the automated enforcement camera systems. By completing the
information below and signing this letter, I am stating that I am a member of the
and have the authority to empower American Traffic Solutions,
Inc. to use ORI for this function.
Subscriber Agency /Name
Nlets Agency ORI
Name/Title of Authorized
Representative
Mailing Address
Telephone
Email
Signature of Authorized
Representative
Date Signed
SUBSCRIBER INFORMATION
Fax
Confidential
Page 17 of 17
Al /AA/'MIA 44•9Z'J ARA 114-..f C- A.....1\A /....
COUNCIL MEETING DATE: November 18, 2014 ITEM #:�
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDMENT TO LICENSE AGREEMENT FOR DOWNTOWN SUBSTATION
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE AMENDMENT NO.1 TO THE LICENSE
AGREEMENT TO ALLOW THE POLICE SUBSTATION IN THE DOWNTOWN CORE FOR AN ADDITIONAL TWO
YEARS?
COMMITTEE: PRHSPS MEETING DATE: 11/10/14
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Amy Jo Pearsall City Attorney_ DEPT: Law
Attachments: Proposed Amendment No. 1 to License Agreement
Background: The police department opened a police substation on property located kiddy corner to the Transit
Center in the downtown core on May 7, 2014. Staff is proposing that the license agreement outlining the
responsibilities of the parties and rental rate be extended for two years ending on January 31, 2017.
Options Considered:
1. Approve Amendment No. 1 to the license agreement and authorize the Mayor to execute the agreement.
2. Do not approve Amendment No. 1 to the license agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Recommend approval of amendment to the license agreement and authorize the
Mayor to execute said amendment.
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL: to 3Ojiq
Dl Initial
COMMITTEE RECOMMENDATION" I move to forward Amendment No. 1 to the License Agreement for the police
department downtown substation to the November 18, 2014 Council Consent Agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Amendment No. 1 to the License Agreement for the
downtown substation effective February 1, 2015 through January 31, 2017, with a total compensation of
$82,800.00, and authorize the Mayor to sign said amendment. "
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 #
RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Vk
2. ORIGINATING STAFF PERSON: 3. DATE REQ. BY:
-- �1.)XT:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG
• REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
CONTRACT AMENDM T (AG #): " U2.'I ❑ INTERLOCAL
OTHER1
I
5. PROJECT NAME:
6. NAME OF CONTRACTOR:���
ADDRESS: O r , V� TELEPHONE - 02 i - a
E -MAIL: FAX:
SIGNATURE NAME: Gi•[��L. c TITLE
I
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: °� 1 1S COMPLETION DATE: , ) ao rnr
9. TOTAL COMPENSATION $ V�� (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(1F CALCULATED ON HOURLY LABOR CIHARG TACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑
CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
11-LAW
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING 1,
• SENT TO VENDOR/CONTRACTOR DATE SENT: i 0 [2-c-1 i DATE REC'D:
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS j
INITIAL / DATE SIGNED
I1 LAW DEPARTMENT
lj? CHIEF OF STAFF
�$ SIGNATORY MA OR DIRECTOR)
Q` CITY CLERK
A ASSIGNED AG# AG#
COSIGNED COPY RETURNED DATE SENT:
COMMENTS:
I
i
i
11/9
AMENDMENT NO.1 TO LICENSE AGREEMENT
BETWEEN
BALLI ROAD, LLC and THE CITY OF FEDERAL WAY
THIS AMENDMENT (Amendment No. 1) is made this day of , 2014
by and between BALLI ROAD, LLC, a Washington Limited Liability Company hereinafter referred to as
"Licensor", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington
hereinafter referred to as "Licensee ". Licensor and Licensee for valuable consideration and by mutual
consent agree to amend the original License Agreement ( "Agreement ") for police office space dated
January 22, 2014.
WHEREAS, Licensor is the owner of certain real property that includes office space containing
fixtures and equipment located at 31620 23rd Ave S, Suite 102, Federal Way, Washington 98003 (the
"Property "); and
WHEREAS, the City's Police Department needs an indoor facility to use as a downtown
substation; and
WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use
subject to certain conditions; and
WHEREAS, the City's Police Department occupied the office space beginning February 1, 2014;
and
WHEREAS, Licensee desires to use the Property, subject to the terms and conditions provided
for herein.
NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby
acknowledged and the terms of which are hereinafter outlined, the parties agree to the following
amendments:
The License Term shall be amended to remain in effect until January 31, 2017.
2. Licensee shall pay Licensor rent in the amount of $3,400 per month commencing
February 1, 2015; the rental feel shall increase to $3,500 per month commencing February 1, 2016, for
use of the Property during the amended term of this Agreement.
3. Licensor may not terminate this Agreement early for any reason. Upon natural
termination of this License on January 31, 2017, Licensee shall quietly and peaceably surrender the
Licensor's Property in a manner that fully complies with all applicable state, federal, or local statute,
regulation or ordinance and will leave the Licensor's Property in as good condition as such Property was
in at the time of Licensee's entry on the Property under this Agreement. Furthermore, the terms of this
Agreement that would, by their nature, survive termination, including, without limitation, the terms that
govern Licensee's removal obligations and Licensee's indemnification obligations, as well as this survival
provision, will survive any termination or expiration of this Agreement.
4. All notices, demands, or requests required or permitted to be given under this Agreement
shall be hand - delivered or sent by mail, return receipt requested and addressed to the parties as follows:
LICENSOR: Balli Road, LLC
c/o Power Property Consultants, Inc.
31620 23rd Ave S #200
Federal Way, WA 98003
Attn: John Hunt
Tel.: 253 - 214 -2141
LICENSEE: Federal Way Police Department
Attention: Commander Chris Norman
333258 th Avenue S
Federal Way, WA 98003
Tel.: (253) 835 -6732
5. All other terms and provisions of the Agreement, together with any prior amendments
thereto, not modified by this Agreement, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto,
after the previous expiration date and prior to the effective date of this Agreement, is hereby ratified as
having been performed under the Agreement, as modified by any prior amendments, as it existed prior to
this Amendment. The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Agreement, which is binding on the parties to the License.
IN WITNESS WHEREOF, Licensor and Licensee have executed this Amended Agreement as of
the date and year first set forth above.
LICENSEE:
CITY OF FEDERAL WAY
By:
Jim Ferrell, Mayor
ATTEST:
APPROVED AS TO FORM:
Stephanie Courtney, CMC, City Clerk Amy Jo Pearsall, City Attorney
LICENSOR:
BALLI ROAD, LLC
By:
Patrick Rhodes, Manager
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me Patrick Rhodes, to me known to be the Manager of Balli Road, LLC that
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to
execute said instrument.
GIVEN my hand and official seal this day of , 2014.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
-I RETURN TO: H,CMALP A?- EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: L-,,i f Cm t
2. ORIGINATING STAFF PERSON. �t`r I EXT: 3. DATE REQ. BY:
4.
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.Cx, RFB, RFP, RFQ)
• PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG
• REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BONDRELATED DDCOIv NTS)
• ORDINANCE ❑ RESOLUTION
• CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL
OTHER L j C£VISQ ftr 0 Yhm►r1'�'
' • �► /.' 6s �. a / :.�itL�...� `J ` y •ice
6. NAME OF CONTRACTOR { t VAVA L L
ADDRESS: l five TELEPHONE rL53 214 -21NL
E -MAIL: FAX:
SIGNATURE NAME: VOCtYiCk S TITLE Martelileir
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUME)dENTS/CERTffICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
S. TERM: COMMENCEMENT DATE: Z I I(y COMPLETION DATE:
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, S PAID BY: O CONTRACTOR ❑ CFFY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW
• PROJECT MANAGER
• DIRECTOR
• RISK M4NAGEMENT (IF APPLICABLE)
XLAW V t 01 C "kk
11. COUNCIL APPROVAL (IF APPLICABLE)
INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED
COMMITTEE APPROVAL DATE: I
Pu
COUNCII. APPROVAL DATE: , Z�
12. CONTRACT SIGNATURE ROUTING I 1-11 y
• SENT TO VENDOR/CONTRACTOR DATE SENT: NS �' 1 DATE REC'D:
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
LAW DEPARTMENT
SIGNATORY (MAYOR OR DIRECTOR)
CITY CLERK
ASSIGNED AG# AGO •
IGNED COPY RETURNED DATE SENT:
COMMENTS:
1/9
LICENSE AGREEMENT
BETWEEN
HAW ROAD, LLC and THE CITY OF FEDERAL WAY
THIS AGREEMENT ( "Agreement") made this 22nd day of January, 2014, by and between BALLI
ROAD, LLC, a Washington Limited Liability Company hereinafter referred to as "Licensor", and the CITY
OF FEDERAL WAY, a municipal corporation of the State of Washington hereinafter referred to as
"Licensee!
WHEREAS, Licensor is the owner of certain real property that includes a vacant office space
containing fixtures and equipment located at 31620 23'd Ave S, Suite 102, Federal Way, Washington
98003 (the "Property "); and
WHEREAS, the City's Police Department needs an indoor facility to use as a downtown
substation; and
WHEREAS, Licensee believes that the Property will be sufficient to accommodate a downtown
substation within the existing retail space within the Property; and
WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use
subject to certain conditions; and
WHEREAS, Licensee desires to use the Property, subject to the terms and conditions provided
for herein.
NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby
acknowledged and the terms of which are hereinafter outlined, the parties agree as folk)ws:
1.. Licensor hereby grants to Licensee a temporary, non - perpetual, non - exclusive license
(the "License ") to occupy and use a portion of the Property for use as a substation of the Federal Way
Police Department. Licensee's use of the Property shall be in compliance with any and all conditions of
any applicable permits, licenses and other governmental and regulatory approvals and in compliance with
all applicable laws, statutes, and governmental rules and regulations. This License will be used by
Licensee and its- employees, agents, and representatives, subject to all the terms and conditions of this
Agreement.
2. licensee shall not be required to pay Licensor rent for the use of the Property during the
term of this Agreement.
3. Licensee shall not be required to pay for electric utilities associated with the lighting
and/or heating of the Property during the term of this Agreement.
4. Licensor hereby grants to Licensee the non- exclusive right and privilege to enter on the
Property for the purposes set out herein. Licensee's use of the Property shall be conducted in a manner
whereby it will not preclude or interfere with Licensors use of the Property and/or any adjacent property.
In addition, Licensee agrees that the retail space will be available to Licensor with 24 hours' notice to
Licensee for the purpose of showing the space to potential renters.
5. The Property may be used by Licensee solely for the purpose described in paragraph 1
herein, during the License Term which shall be limited to the days commencing on February 1, 2014 and
ending on January 31, 2015. If at any time during the course of this License Agreement the retail space
is rented to a new renter, Licensor may choose to allow Licensee to utilize similar retail space within the
Property subject to the same conditions listed in this License Agreement
6. Licensee agrees that it shall use the Property for only the stated purposes and no other
purpose. Licensee snail be solely responsible for undertaking the activities on the Property in a safe,
secure and careful manner without waste or damage to the Property or improvements thereon. Licensee
will not be a nuisance or menace to other tenants in the Building and shall not in any way interfere with
the quiet enjoyment of such other tenants. Additionally, Licensee shall dean up and remove any debris
created by such activities prior to the termination of the Term of this License. Licensee hereby
acknowledges and agrees that it has inspected the Property and examined all conditions thereon relative
to Licensee's use thereof, and that Licensor makes no, and expressly disclaims, any -warranty or
representation as to the condition of Property, its safety or suitability for Licensee's intended activities, or
as to any improvements thereon, whether express, implied or arising by operation of law, including,
without limitation, any warranty of fitness for any particular purposes.
7. Notwithstanding anything contained herein to the contrary, Licensor may terminate this
Agreement early for any reason with thirty (30) days notice upon Licensor's notification to Licensee. On
early termination of the License granted by this Agreement, as well as on the natural termination of this
License on January 31, 2015, Licensee shall quietly and peaceably surrender the Licensor's Property in a
manner that fully complies with all applicable state, federal, or local statute, regulation or ordinance and
will leave the Licensor's Property in as good condition as such Property was in at the time of Licensee's
entry on the Property under this Agreement. Furthermore, the terms of this Agreement that would, by
their nature, survive termination, including, without limitation, the terms that govern L'icensee's removal
obligations and Licensee's indemnification obligations, as well as this survival provision, will survive any
termination or expiration of this Agreement.
8. Licensee agrees to defend and to indemnify and hold Licensor, its parent, subsidiaries,
affiliates, and its and their officers, directors, shareholders, agents, employees, and representatives
harmless from and against any and all losses, costs, claims, damages, and liabilities, including
reasonable attorney's flees, court costs, and fees of expert witnesses, arising from Licensee's use of the
Property and from any of Licensee's activities conducted on the Property in connection with Licensee's
use of the Property, specifically including the use and activities of Licensee's employees and invitees.
9. During the Term hereof, Licensee shall have in full force and effect commercial general
liability insurance with respect to Licensee's use of the Property and the activities and operations of
Licensee on the Property, with a limit for bodily injury, death, property damage and personal injury of not
less than One Million Dollars ($1,000,000.00) per occurrence. Two Million Dollar ($2,000,000) general
aggregate. A certificate of insurance shall be delivered to Licensor evidencing the coverage required
herein prior to commencing any activity on the Property. Licensee' shall include Licensor and Licensor's
property manager, Power Property Consultants, Inc., as additional insureds on the policy.
10. Licensee may not assign its rights hereunder without first obtaining Licensor's approval,
which may be granted or withheld in Ucensor's sole discretion.
11. This Agreement shall constitute- the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be binding
upon either party except to the extent incorporated in this Agreement. No alteration, modification,
amendment, or waiver hereto shall be valid unless evidenced by a writing signed by both parties hereto.
12. Licensee shall not permit the roads or any driveways, sidewalks or other rights- of-ray
adjacent to the Property to be obstructed or disturbed in connection with the use of the Property.
13. All notices, demands, or requests required or permitted to be given under this Agreement
shall be hand - delivered or sent by mail, return receipt requested and addressed to the parties as follows:
LICENSOR: Balk Road, LLC
clo Power Property Consultants, Inc.
31620 23d Ave S #200
Federal Way, WA 98003
Attn: John Hunt
Tel.: 253 - 214 -2141
LICENSEE: Federal Way Police Department
Attention: Commander Chris Norman
33325 a Avenue S
P.O. Box 98063 -9718
Federal Way, WA 98003
Tel.: (253) 835 -6732
2
14. The failure of either party to this Agreement to insist upon the performance of any of the
items and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of
this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same
shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
15. The invalidity of any portion of this Agreement will not and shall not be deemed to affect
the validity of any other provision. In the event that any provision of this Agreement is held to be invalid,
the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had
been executed by both parties subsequent to the expungement of the invalid provision.
16. This Agreement may be executed in one (1) or more counterparts, all of which taken
together shall constitute one (1) instrument and constitutes the entire Agreement between the parties as
to the subject matter herein described.
17. Licensee has inspected the Property and accepts the space in its current state 'as-is."
Licensee, at Licensee's sole cost, will be responsible for all improvements, repairs and maintenance in
the Property during their tenancy.
18. Licensee, at Licensee's sole cost, may install signage. Licensor will review and approve
signage and proposed location prior to signage installation. At the end of the tenancy, whether by natural
or early termination, Licensee* at Licensee's sole cost, will have the signage removed and the impacted
area returned to its condition prior to signage installation.
19. Licensee is granted a non - exclusive license to use the designated parking areas in the
Project for the use of motor vehicles during the term of this Agreement. Licensor reserves the right at any
time to grant similar non - exclusive use to other tenants, to promulgate rules and regulations relating to
the use of such parking areas, including reasonable restrictions on parking by tenants, employees and
invitees, to designate specific spaces for the use of any tenant, to make changes in the parking layout
from time to time, to limit Licensee's use of the parking areas to eight (8) unassigned parking stalls, and to
establish reasonable time limits on parking all at Licensor's sole discretion Aside from the stated
exception below, overnight parking is prohibited, and any vehicle of Tenant, its employees, guests or
invitees violating this or any other vehicle regulation adopted by Licensor is subject to removal without
notice at Licensee's expense. The Parties agree that two parking stalls, the selection of which is to be
mutually agreed upon by the Licensor and the Licensee, will be designated as police use only. These
stalls will be located for maximum visibility to the adjacent streets and transit center and may have a
marked patrol car present at certain times to deter criminal activity. Any and all costs associated with
markings or signage for these designated spaces will be borne by the Licensee.
IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the date
and year first set forth above.
LICENSEE:
CITY OF ERAL AY
r
-By:
J' e , Mayor
ATTEST:
1 141
MPALIFITST 67t R 11
Ciibl-McIN—eilly, CMC, &Y C7��M
3
APPROVED AS TO FORM:
&nq1W"4# rec
Patricia %boardson, City Attorney
UCENSOR:
BALLI ROAD, LLC
STATE OF WASHINGTON
)S
COUNTY OF
On this day personafiy appeared before me Patrick Rhodes, to me known to be the Manager of Bails Road, LLC that
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation, for the uses and purposes therein mentioned, and on oath stated that helshe was authorized to
execute said instrument. // --
GIVEN my hand and official seal this & —day of 2014✓
Notary's signature OC
m .
Notary's printed nae
����������111 tJ Notary Public in and for the State of Washington.
Ji���� // My commission expires % Q- 31 -1 ,2_
i t+tf�vq'�r
Corporations: Registration Detail
Corporations Division - Registration Data Search
BALLI ROAD, LLC
Purchase Documents for this C'orporation»
UBt Number
601990206
Category
LLC
Active/Inactive
Active
State Of Incorporation
WA
WA Filing Date
11/0111999
Expiration Date
11/30/2014
Inactive Date
Duration
Perpetual
Registered Agent Information
Agent Name
PATRICK W RHODES
Address
31620 23RD AVE S STE 219
City
FEDERAL WAY
State
WA
ZIP
98003
Special Address information
Address
City
State
Zip
Governing Persons
Page I of I
Title
Name
Address
Manager
RHODES, PATRICK
FEDERAL WAY, WA
Purchase Documents for this Corporation
http: / /www.sos.wa.gov/ corps /search_detall.aspx%bi= 601990206 119/2014
SUBJECT: 2015 -2016 BIENNIAL BUDGET & PROPERTY TAX LEVY (CONTINUED FROM NOVEMBER 4, 2014
REGULAR MEETING AS REQUIRED BY RCW 35A.34)
POLICY QUESTION: Continued Public Hearing on the 2015 -2016 Proposed Biennial Budget and 2015 Property
Tax Levy
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtnev. Citv Clerk DEPT: Mayor's Office
Attachments: N/A
Summary/Background: Public Hearing on the 2015 -2016 Proposed Biennial Budget and 2015 Property Tax
Levy as required by RCW 35A.34, continued from the November 4th City Council Meeting.
Options Considered: N/A
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
CITY CLERK APPROVAL: Paj
Committee
Council �3�%��
aal
CHIEF OF STAFF: N/A
J
Committee
Counc
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION:
(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- 10/01/2014
RESOLUTION #
COUNCIL MEETING DATE: November 18, 2014
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Selection Process — 2015 Major Comprehensive Plan Update
ITEM #:
POLICY QUESTION: Which of the six citizen - initiated requests for comprehensive plan amendments should
move forward for further review?
COMMITTEE: Land Use /Transportation Committee (LUTC) MEETING DATE: November 3, 2014
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Principal Planner Margaret Clark �` ^ DEPT.: Community Development
Attachments: October 21, 2014, Staff Report to the LUTC with Exhibits A — L
Background: The GMA requires jurisdictions to update their comprehensive plan every eight years. The deadline for the
next major update is June 30, 2015. The Federal Way Revised Code (FWRC) requires the city to accept applications for
amendments to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. Due to the ongoing major
update, the City has combined the annual update with the major update, since with a few exceptions; a comprehensive plan
may only be updated once per year. The city received five requests to change the comprehensive plan designations and
zoning for this update cycle. Detailed information on each request can be found in Section IV of the October 21" staff
report. The City also received one request for a change to the text of the comprehensive plan. This is described in Section V
of the staff report. Pursuant to FWRC 19.80.080, after the deadline for accepting applications and following an LUTC
recommendation, the City Council shall hold a public hearing and select those amendment requests it wishes to move to the
Planning Commission for further consideration.
Options Considered: 1) Concur with the Mayor's recommendation; 2) Do not concur with the Mayor's recommendation.
MAYOR'S RECOMMENDATLONJ That the citizen- initig* requests move forward for further consideration.
MAYOR APPROVAL: �� IRECTOR APPROVAL: �jL w
Co urwl�&� ouncil �� Initial/( ��/��� -fir,
CHIEF OF STAFF: yQ t h, 61 l� /
Council
COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the November 18, 2014, City
Council meeting for a public hearing. W {'h1'1 a ►(,,& r _0+ 1521 yy1e fe _FaAr _ Mp+ .
PROPOSED COUNCIL MOTION: "I move approval of the Mayor's recommendation."
(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 #
KXomprehensive Plan\2015 Major Update \Selection\Agenda Bill.doc
40k
CITY OF 10'::t0p
Federal Way
DATE: October 21, 2014
To: Bob Celski, Chair
Land Use /Transportation Committee (LUTC)
FROM: Larry Frazier, Interim Community Development Director
Margaret H. Clark, Principal Planner
SUBJECT: Selection Process — 2015 Major Comprehensive Plan Update
MEETING DATE: November 3, 2014
I. POLICY QUESTION
Which of the six citizen - initiated requests for comprehensive plan amendments should move
forward for further review?
II. BACKGROUND
The GMA requires jurisdictions to update their comprehensive plan every eight years. The
deadline for the next major update is June 30, 2015. The Federal Way Revised Code (FWRC)
requires the city to accept applications for amendments to the Federal Way Comprehensive Plan
(FWCP) text and map on an annual basis. Due to the ongoing major update, the City has combined
the annual update with the major update, since with a few exceptions; a comprehensive plan may
only be updated once per year. The city received five requests to change the comprehensive plan
designations and zoning for this update cycle. Detailed information on each request can be found
in Section IV of this staff report. The City also received one request for a change to the text of the
comprehensive plan. This is described in Section V.
Pursuant to FWRC 19.80.080, after accepting applications and following an LUTC
recommendation, the City Council shall hold a public hearing and select those amendment
requests it wishes to move to the Planning Commission for further consideration.
III. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT SELECTION PROCESS
November 3, 2014 LUTC Meeting — A summary of all requests will be presented to the LUTC
for a recommendation on which requests should be considered further.
November 18, City Council Public Hearing — The City Council shall determine which
2014 requests should move forward for further review.
Land Use /Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 1 of 26
IV. BACKGROUND AND STAFF COMMENTS — SITE - SPECIFIC REQUESTS (Exhibit A — Composite Map)
A. Site - Specific Request #1— Belmor Mobile Home Park
1. Summary
File Number:
Parcel No.:
Address:
Location:
Size:
Existing Land Use:
Applicant /Owner:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
13- 104283 -UP
162104 -9037
2101 South 324"' Street
South of South 324"' Street between I -5 and Pacific Highway
South (Exhibit B)
16.75 acres
Mobile Home Park
Stephen Hynes
Multiple Family Residential
Multi - family (RM3600, one unit per 3,600 square feet)
City Center -Frame
CC -F
2. Reason for the Request
Mr. Hynes is requesting a comprehensive plan designation and rezone in order to provide
a multi- tiered seniors' facility to address the needs of the aging residents of the mobile
home park.
3. Staff Comments
Convalescent centers and nursing homes are not allowed in the RM 3600 zone. However,
they are allowed in the CC -F zone. There is CC -C zoning to the north. The CC -F
designation is intended to provide a transition between high - activity areas in the core area
and less dense neighborhoods outside of the frame.
4. Surrounding Zoning & Land Use (Exhibit C — Aerial Map)
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 2 of 26
Zoning
Land Use
North
City Center Core (CC -C)
Regional shopping center
South
Multifamily (RM 3600, one
Mobile Home Park
unit per 3,600 square feet)
East
Multifamily (RM 3600, one
Mobile Home Park
unit per 3,600 square feet)
West
Community Business (BC)
Lakehaven Water Tower and vacant land
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 2 of 26
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B. Site - Specific Request #2 — Bishop/ Lee/Princen
1. Summary
File Number: 14- 100044 -UP
Parcel No.
Address
Size
Existing Land Use
Applicant/Owner
302104 -9051
306276 I Avenue
Southwest
3.14
Single Family House
Daniel and Young Lee
302104 -9062
36005 6h Avenue
Southwest
0.78
Single Family House
Joseph Princen
302104 -9113
No site address
0.71
Vacant
Joseph Princen
302104 -9168
No site address
0.75
Vacant
Walter Bishop
302104 -9065
35909 6 Avenue
Southwest
0.76
Single Family House
Walter and Sono Bishop
Location:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
South of Southwest 356"' Street between 6t" Avenue Southwest
and 8"' Avenue Southwest (Exhibit D)
Single Family Medium Density Residential
Single Family (RS 15.0, one unit per 15,000 square feet)
Single Family High Density Residential
Single Family (RS 9.6, one unit per 9,600 square feet) or (RS
7.2, one unit per 7,200 square feet).
2. Reason for the Request
Mr. and Mrs. Lee are requesting higher density in order to subdivide their property. The
other applicants did not specify a reason for their request.
3. Staff Comments
Water is available along 6th Avenue South to the east and sewer is available along 8th
Avenue South to the west. There are six parcels to the north of the subject parcels that are
also designated Single Family Medium Density. There are also four parcels to the south
with the Single Family Medium Density designation, however, these lots are part of the
Rosewood Subdivision, a nine -lot developed plat. These lots are fully developed and the
lots are not big enough to be subdivided. Redesignating the requested parcels to Single
Family High- Density Residential and RS 9.6 (Single Family, one unit per 9,600 square
feet) would be consistent with the existing designation to the west.
4. Surrounding Zoning & Land Use (Exhibit E — Aerial Man)
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 6 of 26
Zoning
Land Use
North
Single Family (RS 15.0, one unit per 15,000 square feet)
Single family
South
Single Family (RS 15.0, one unit per 15,000 square feet)
Single family
East
Single Family (RS 15.0, one unit per 15,000 square feet)
Single family
West
Single Family (RS 15.0, one unit per 15,000 square feet)
adjacent to the two northern parcels
Single family
Single Family (RS 9.6, one unit per 9,600 square feet)
adjacent to the two of the three southern parcels
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 6 of 26
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C. Site - Specific Request #3 — A &R Development LLC
1. Summary
File Number:
Parcel No's:
Address:
Location:
Size:
Existing Land Use:
Applicant
Owner:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
14- 101103 -UP
172104 -9051 and 172104 -9074
33061 15th Avenue South and 1411 South 330th Street
Between Celebration Park Road and 15th Avenue South
(Exhibit F)
1.82 acres
Vacant land
David Frankovich
A &R Development LLC
Office Park
Office Park (OP)
Community Business
Community Business (BC)
2. Reason for the Request
A &R Development LLC owns six parcels totaling 2.5 acres located to the east of the
subject parcels. These six parcels are designated and zoned Community Business (BC)
(Exhibit F). A &R Development LLC is requesting a BC designation for these two OP-
zoned properties to allow the contiguous development of all eight parcels. They state that
the two OP -zoned parcels, which total 1.82 acres, do not possess enough buildable space
for a stand -alone use.
3. Staff Comments
The Comprehensive Plan shows 13th Place South, the road to the east of the subject
parcels, being extended to the South in the future. Therefore, when the parcels adjacent to
this planned road extension are developed, the road may be required to be built. As a
result, these two parcels may be separated by a road from the other six to the east.
The two subject parcels together with the parcel to the north, owned by the Varga family,
are the only developable OP -zoned parcels in this immediate area as the rest of the OP
zoned land in the vicinity are already developed — Celebration'Park to the west and the
School District Service Center complex to the south.
4. Surrounding Zoning & Land Use (Exhibit G — Aerial Map)
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 9 of 26
Zoning
Land Use
North
Office Park (OP)
Vacant
South
Office Park (OP)
Federal Way School District Kitchen
Facilities
East
Community Business (BC)
Vacant
West
Office Park (OP)
Celebration Park
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 9 of 26
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D. Site - Specific Request #4 — Hiu Ok Paek
1. Summary
File Number:
Parcel No.:
Address:
Location:
Size:
Existing Land Use:
Applicant/Owner:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
14- 101334 -UP
250300 -0035
1443 South 308`" Street
West of Pacific Highway South and south of South 308`" Street
(Exhibit H)
0.18 acres
Beauty Shop
Hiu Ok Paek
Multiple Family
Multi - family (RM 1800, one unit per 1,800 square feet)
Community Business
Community Business (BC)
2. Reason for the Request
The site is developed as a commercial beauty shop, which is not a permitted use in the
Multi - family designation. The owner is requesting the change to Community Business
(BC) since the lot is adjacent to BC zoning to the east and south and beauty shops are a
permitted use in the BC zone. There is also BC zoning to the north.
3. Staff Comments
Based on the City's Business Registration records, it appears that the building has been
used as a beauty shop since 2000. The use is considered a legal nonconforming use since
beauty shops are not an allowable use in multi - family zones. As a legal nonconforming
use, there are certain restrictions on making structural changes to the building or
increasing the gross floor area of the building. The comprehensive plan amendment, if
approved, would eliminate those restrictions.
4. Surroundinn ZoninLy & Land Use (Exhibit I— Aerial Map)
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 12 of 26
Zoning
Land Use
North
Community Business (BC)
Federal Way High School
South
Community Business (BC)
Commercial building
East
Community Business (BC)
Lake Village Apartments
West
Multi- family (RM 1800, one
unit per 1800 square feet)
Single family dwelling
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 12 of 26
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E. Site - Specific Request #5 — 32020 Professional Building
1. Summary
File Number:
Parcel No's.:
Address:
Location:
Size:
Existing Land Use:
Applicant:
Agent:
Owner:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
14- 104927 -UP
172104 -9058 & 172104 -9109
32020 1St Avenue South
South of South 320th Street and east of 1st Avenue South
(Exhibit J)
1.97 acres
Office
Ocean View Partners LLC
Rob Reuber, Norlan Corporation
Ocean View Partners LLC
Professional Office
Professional Office (PO)
Office Park
Office Park (OP)
2. Reason for the Request
The applicant states that the Professional Office (PO) designation is a very narrowly
focused zone based on an older zoning model that segregates uses.
3. Staff Comments
There are only seven permitted uses in the PO zone, five of which are public uses —
office, schools, day cares, governmental facilities, public parks, public transit, public
utilities, personal wireless service facilities (PWSFs), and churches as compared to the
OP zone which allows all of the uses allowed in the PO zone as well as other uses such as
banks, restaurants, retail sales, hospitals, and funeral homes. The subject parcel is
adjacent to OP zoning to the east and PO zoning to the south. The applicant has
approached one of the owners of the PO -zoned property to the south, which is developed
as office. The partial owner of the southern parcel is not opposed to the change; however
he would like to present the proposal to the remainder of the owners when they meet in
November, so this parcel could be added to the request in the future.
3. Surrounding Zoning & Land Use (Exhibit K— Aerial Map)
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 15 of 26
Zoning
Land Use
North
Office Park (OP)
Vacant
South
Professional Office (PO)
Office
East
Office Park (OP)
Group Health
West
Professional Office (PO)
Office
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 15 of 26
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V. YOUNGSPRING LLC PROPERTY REQUEST FOR A TEXT AMENDMENT TO THE COMPREHENSIVE PLAN
1. Summary
Youngspring LLC Property is requesting an amendment to the language in Chapter 2,
Land Use of the Comprehensive Plan to allow senior housing, including assisted living
and nursing homes in the Commercial Enterprise (CE) zone. This would also require a
change to the Federal Way Revised Code (FWRC) (code amendment) to allow these
uses in the CE zone.
2. Reason for the Request
The applicants state that several times in the past, and as recently as August 2014, they
have been approached by developers of assisted living facilities or other senior care
facilities regarding their property located at 35200 Pacific Highway South, a 5.8 acre site.
The applicant states that the criteria for developers of senior housing/assisted
living/nursing homes are location on a major arterial, great freeway access and five acres
or more in size. Many families and friends of the residents of these facilities travel a long
distance so the locations need visibility and access.
3. Staff Comments
Unlike the site - specific requests, which, if approved, would affect the comprehensive
plan and zoning designation of just that site, a text amendment to allow these new uses in
the CE zone, would apply to all parcels within that zone. (Exhibit L).
Based on language in the comprehensive plan, the CE designation is primarily intended
to capture the demand for a diverse mix of industrial, office, and retail sales and services,
arrayed in well integrated, high quality developments. Senior housing may not be
compatible with the types of industrial uses allowed in this zone.
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 18 of 26
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VI. SELECTION CRITERIA
FWRC 19.80.080 contains criteria for selecting amendments for further consideration.
A. Criterion #1— Whether the same area or issue was studied during the last amendment process
and conditions in the immediate vicinity have significantly changed so as to make the
requested change within the public interest.
Response to Criterion #1—
Request
Response
Request #1— Belmor Mobile
This request was not studied during the last amendment cycle.
Home Park
City- Center Core (CC -C). The Land Use Chapter of the
Request # 2 — Bishop, Lee,
This request was not studied during the last amendment cycle. The
Princen
larger area, south of Southwest 35601, zoned RS 15.0 was studied
in 2008 for a comprehensive plan amendment to increase density.
There was a lack of support for higher density from many
residents.
Request # 3 — A &R
This request was not studied during the last amendment cycle.
Development LLC
and the remainder of the RM 3600 zoning to the south.
Request # 4 — Hiu Ok Paek
This request was not studied during the last amendment cycle.
Request # S —32020
This request was not studied during the last amendment cycle.
Professional Building
comprehensive plan states that "Upon provision of urban services,
Request # 6 — Youngspring
This request was not studied during the last amendment cycle.
LLC Property
B. Criterion #2 — The proposed amendment is consistent with the overall vision of the
comprehensive plan.
Response to Criterion #2 —
Request
Response
Request #1— Belmor
Belmor Mobile Home Park is directly to the south and adjacent to the
Mobile Home Park
City- Center Core (CC -C). The Land Use Chapter of the
Comprehensive Plan states that "The City Center Frame designation
will have a look and feel similar to the Core and will provide a zone
of less dense, mixed -use development physically surrounding a
portion of the City Center Core. Together, they are meant to
complement each other to create a downtown area." Designating this
area as CC -F, would create a buffer between the CC -C to the north
and the remainder of the RM 3600 zoning to the south.
Request # 2 — Bishop, Lee,
The existing designation of Single Family Medium Density is
Princen
intended for areas that lack urban services and infrastructure. The
comprehensive plan states that "Upon provision of urban services,
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 20 of 26
Request
Response
such as water and sewer, an increase in density may be warranted."
Water is available along 6th Avenue South to the east and sewer is
available along 8th Avenue South to the west.
Request # 3 — A &R
Changing the designation of this parcel to Community Business
Development LLC
would be consistent with the overall vision of the comprehensive
plan, which states that the Community Business designation
encompasses two major retail/commercial areas along the SR -99
corridor, including the segment between South 272nd Street and
South 312th Street, and the segment between South 324th Street and
approximately South 339th Street. This parcel lies between South
324th Street and approximately South 339th Street in the SR -99
corridor.
Request # 4 — Hiu Ok Paek
Changing the designation of this parcel to Community Business
would be consistent with the overall vision of the comprehensive
plan, which states that the Community Business designation
encompasses two major retail/commercial areas along the SR -99
corridor, including the segment between South 272nd Street and
South 312th Street, and the segment between South 324th Street and
approximately South 339th Street. This parcel lies between South
272nd Street and South 312th Street in the SR -99 corridor.
Request # S —32020
The intent of the existing Professional Office designation is to allow
Professional Building
for well- designed small -scale office development compatible to
adjacent residential neighborhoods. This parcel is located adjacent to
two busy arterials and is not adjacent to residential neighborhoods.
Therefore, changing the designation to Office Park would be
consistent with the overall vision of the comprehensive plan, which
envisions a larger mix and variety of uses in the OP zone.
Request # 6 — Youngspring
The comprehensive plan does not presently envision senior housing
LLC Property
in the CE zone.
C. Criterion #3 — Whether the proposed amendment meets existing state and local laws,
including the GMA.
Response to Criterion #3 — None of the requested amendments would be in conflict with local
or state laws if subsequent development of the parcels are in compliance with local and state
regulations, including the FWRC and State Environmental Policy Act (SEPA), if applicable.
D. Criterion #4 — In the case of text amendments, or other amendments to goals or policies,
whether the request benefits the city as a whole versus a selected group.
Response to Criterion #4 — This criterion is not applicable for Requests 1 -5 as they are site -
specific requests and not requests for text amendments. The Youngspring request for a text
amendment benefits the applicants, in that allowing senior housing/assisted living/nursing
homes in the CE zone may result in development of their property. Additional research is
needed to determine if there is a need for additional facilities such as this in Federal Way, and
if there is additional need, then the request would benefit the City as a whole.
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 21 of 26
If the request meets the criteria set forth in subsections above, it shall be further evaluated
according to the following criteria:
E. Criterion #1— Whether the proposed amendment can be incorporated into planned or active
projects.
Response to Criterion #1— If the City Council determines that these requests should be
analyzed further, they can be incorporated into the 2015 Major Comprehensive Plan Update
F. Criterion #2 - Amount of analysis necessary to reach a recommendation on the request. If a
large -scale study is required, a request may have to be delayed until the following year due to
workload, staffing levels, etc.
Response to Criterion #2 — None of the requests require a large -scale study.
G. Criterion #3 — Volume of requests received. A large volume of requests may necessitate that
some requests be reviewed in a subsequent year.
Response to Criterion #3 — Six requests were received. They can all be accommodated in the
Update process.
H. Criterion #4 — Order of requests received.
Response to Criterion #4 — The requests were received in the following order:
1. Belmor Mobile Home Park
2. Bishop, Lee, Princen
3. A &R Development LLC
4. Hiu Ok Paek
5. 32020 Professional Building
6. Youngspring LLC Property
VII. COUNCIL ACTION
Pursuant to FWRC 19.80.080(4), based on its review of requests according to the criteria in
Section VI of this staff report, the City Council shall determine which requests shall be further
considered for adoption and shall forward those requests to the Planning Commission for its
review and recommendation. The council's decision whether to consider a proposed amendment
shall not constitute a decision or recommendation that the proposed amendment should be
adopted, nor does it preclude later council action to add an amendment for consideration.
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 22 of 26
VIII. MAYOR'S RECOMMENDATION
A. Request #1— — Belmor Mobile Home Park -- Request for a comprehensive plan amendment
and rezone of the northwestern portion of Parcel 162704 -9037 (approximately 1 6.75 acres)
from Multiple Family Residential and Multi- Family (RM 3600, one unit per 3,600 square feet)
to City Center -Frame and CC -F.
Mayor's Recommendation —The Mayor recommends that the request move forward for
further review.
B. Request #2 — Bishop/ Lee/Princen — Request for a comprehensive plan amendment and rezone
of Parcels 302104 -9051, 302104 -9062, 302104 -9113 , 302104 -9168 and 302104 -9065 totaling
6.14 acres from Single Family Medium - Density Residential and Single Family (RS 15.0, one
unit per 15,000 square feet) to Single Family High- Density Residential and Single Family (RS
9.6, one unit per 9,600 square feet) or Single Family High- Density Residential and Single
Family (RS 7.2, one unit per 7,200 square feet).
Mayor's Recommendation — The Mayor recommends that the request move forward for
further review.
C. Request #3 — A &R Development LLC -- Request for a comprehensive plan amendment and
rezone of Parcels 172104 -9051 and 172104 -9074 totaling 1.82 acres from Office Park (OP) to
Community Business (BC).
Mayor's Recommendation — The Mayor recommends that the request move forward for
further review.
D. Request #4 — Hiu Ok Paek -- Request for a comprehensive plan amendment and rezone of
Parcel 250300 -0035 (0.18) acres from Multiple Family and Multi- family (RM 1800, one unit
per 1,800 square feet) to Community Business (BC).
Mayor's Recommendation — The Mayor recommends that the request move forward for
further review.
E. Request #5 — 32020 Professional Building -- Request for a comprehensive plan amendment and
rezone of parcels 172104 -9058 and 172104 -9109 (1.97 acres) from Professional Office (PO) to
Office Park (OP).
Mayor's Recommendation — The Mayor recommends that the request move forward for
further review.
F. Request #6 — Request to amend language in "Chapter 2, land Use" of the Comprehensive Plan
to allow senior housing, including assisted living facilities and nursing homes in the
Commercial Enterprise (CE) zone.
Mayor's Recommendation — The Mayor recommends that the request move forward for
further review.
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 23 of 26
IX. LAND USE /TRANSPORTATION COMMITTEE RECOMMENDATION
The LUTC forwards the recommendation to the full Council as follows:
1. Belmor Mobile Home Park
a) That the request go forward for further consideration.
b) That the request not go forward for further consideration.
APPROVAL OF COMMITTEE REPORT:
Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
2. Bishop/Lee/Princen
a) That the request go forward for further consideration.
b) That the request not go forward for further consideration.
APPROVAL OF COMMITTEE REPORT:
Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
3. A &R Development LLC
a) That the request go forward for further consideration.
b) That the request not go forward for further consideration.
APPROVAL OF COMMITTEE REPORT:
Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
Land Use /Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 24 of 26
4. Hiu Ok Paek
a) That the request go forward for further consideration.
b) That the request not go forward for further consideration.
APPROVAL OF COMMITTEE REPORT:
Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
5. 32020 Professional Building
a) That the request go forward for further consideration.
b) That the request not go forward for further consideration.
APPROVAL OF COMMITTEE REPORT:
Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
6. Youngspring LLC Property
a) That the request go forward for further consideration.
b) That the request not go forward for further consideration.
APPROVAL OF COMMITTEE REPORT:
Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 25 of 26
X. LIST OF EXHIBITS
Exhibit A Composite Map
Exhibit B Vicinity Map of Site - Specific Request #1 — Belmor Mobile Home Park
Exhibit C Aerial Map of Site - Specific Request #1 — Belmor Mobile Home Park
Exhibit D Vicinity Map of Site - Specific Request #2 — Bishop/Lee/Princen
Exhibit E Aerial Map of Site - Specific Request #2 — Bishop /Lee/Princen
Exhibit F Vicinity Map of Site - Specific Request #3 — A &R Development LLC
Exhibit G Aerial Map of Site - Specific Request #3 — A &R Development LLC
Exhibit H Vicinity Map of Site - Specific Request #4 — Hiu Ok Paek
Exhibit I Aerial Photo of Site - Specific Request #4 — Hiu Ok Paek
Exhibit J Vicinity Map of Site - Specific Request #5 —32020 Professional Building
Exhibit K Aerial Photo of Site - Specific Request #5 —32020 Professional Building
Exhibit L Vicinity Map of the Commercial Enterprise Zone
K: \Comprehensive Plan\2015 Major Update \Selection\Final Staff Report to the LUTC.doc
Land Use/Transportation Committee (LUTC) Meeting Date: November 3, 2014
Selection Process — Comprehensive Plan Amendments Page 26 of 26
COUNCIL MEETING DATE: November 18, 2014 ITEM #: /
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: APPOINTMENTS TO THE YOUTH COMMISSION
POLICY QUESTION: Which candidates should be appointed to the City's Youth Commission
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, Clerk DEPT: Mayor's Office
_.... .............. ........ P............... ........ Yz. �'.......... ......... .............. .......... ........ ......... ............... . ._...
...........
Attachments: N/A
Background: The Youth Commission has not been active since 2012. The membership requirements were
recently updated by Ordinance #14 -774 (FWRC 2.60).
The Youth Commission may consist of 12 voting members and 3 alternate members. Sophomores and Juniors
residing within the city limits are eligible to serve two -year terms. The Council held interviews during a Special
Council Meeting on November 18th. Appointed members will be invited to the December 2, 2014 City Council
Meeting to receive Certificates of Appointment.
Options Considered:
1. Appoint the following candidates to the Youth Commission with terms expiring as listed:
C FArWe,
Voting Member
Expires August 31, 2015
Voting Member
Expires August 31, 2015
MLk dom
Voting Member
Expires August 31, �(
'
Voting Member
Expires August 31, 2,(j(
`
Voting Member
Expires August 31, 201
Voting Member
Expires August 31, U1
Voting Member
Expires August 31, 2016
Voting Member
Expires August 31, 2016
Voting Member
Expires August 31, 2016
Voting Member
Expires August 31, 2016
' eAd
Voting Member
Expires August 31, 2016
Voting Member
Expires August 31, 2016
2. Direct the City Clerk's Office to re- advertise the vacancies.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Committee
CHIEF OF STAFF: N/A
/CITY CLERK APPROVAL:
Committee Council
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move the following appointments to the Youth Commission.... "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
UNCIL ACTION
APPROVED �,�'lg� COUNCIL BILL #
DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 10/01/2014 RESOLUTION #
SUBJECT: APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION
POLICY QUESTION: Which candidates should be appointed to the City's Parks and Recreation Commission?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office
......... ....... . p......... ... ._Y,. Y....... .........
Attachments: N/A
Background: In accordance with FWRC 2.85.020 the Parks and Recreation Commission is comprised of 9
voting members and may have up to 2 alternatives. Members are appointed by the City Council and serve three
year terms.
The City Clerk's Office advertised for vacancies and received 3 applications to fill one voting position and
potentially two vacant alternate positions. The Council interviewed during a Special Meeting on November 18,
2014. Individuals appointed will be invited to attend the December 2, 2014 Regular Council Meeting to receive
their Certificate of Appointment.
Options Considered:
1. Appoint the following candidates to the Youth Commission with terms expiring as listed:
hmAmu miAryieflae
Voting Member
Expires April 30, 2017
Dawn WWL45
Alternate Member
Expires April 30, 2016
r-
Alternate Member
Expires April 30, 2015
V U
2. Direct the City Clerk's Office to re- advertise the vacancies.
MAYOR's RECOMMENDATION: N/A
MAYOR APPROVAL: N/A /&j3 -r CITY CLERK APPROVAL: t
Committee Co Cil al
r
CHIEF OF STAFF: N/A A'
Committee Coi
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move the following appointments to the Parks and Recreation
Commission.... "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED t � �Ig. COUNCIL BILL #
1__I
DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 10/01/2014 RESOLUTION #
COUNCIL MEETING DATE: November 18, 2014 ITEM #:Io-,,
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: FEDERAL FUNDING REQUEST FOR THE PERFORMING ARTS AND CONFERENCE
CENTER
POLICY QUESTION: Should the City Council adopt a resolution requesting Federal Funding Assistance for the
construction of the performing arts and conference center?
COMMITTEE: N/A
MEETING DATE:
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Chris Carrel DEPT: Mayor's Office
The financial plan for the performing arts and conference center involves seeking funds from a variety of
external sources, including federal funding. In seeking Federal Funding Assistance, a City Council resolution is
needed to formalize a request. If federal funds are awarded, acceptance of an award would need to be approved
by Council separately.
Attachments:
Proposed resolution
Options Considered:
1. Approve the resolution as presented.
2. Amend the resolution as necessary.
MAYOR'S RECOMMENDATION: Mayor renends approval of Option 1.
MAYOR APPROVAL: f / / 3 DIRECTOR APPROVAL:
Committee youncill Initial/Date
m ial /Date , Initial/D
CHIEF OF STAFF: tv,lj
Committee 06u
Initial/Date Initial ate
PROPOSED COUNCIL MOTION: "I move approval of the resolution requesting Federal Funding Assistance for
the construction of the performing arts and conference center"
(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 #
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Requesting Federal Funding Assistance for Construction of
the Performing Arts and Conference Center
WHEREAS, the City Council unanimously voted to approve construction of the performing
arts and conference center in downtown Federal Way; and
WHEREAS, construction of the facility will create direct spending of $59 million in the
downtown and create more than 300 family wage, union jobs; and
WHEREAS, ongoing operation of the facility will generate each year approximately $3.2
million in direct spending and 29 new jobs; and
WHEREAS, construction and operation of the performing arts and conference center is
expected to spur additional business investment in Federal Way's downtown, thus creating a jobs
center for South King County; and
WHEREAS, the City of Federal Way has identified $19.04 million of the estimated $32.75
million construction cost, including allocating $9.97 million in city funds; and
WHEREAS, the City of Federal Way is seeking to complete project funding through a variety
of sources including state and federal funding, private and public grants, a local capital campaign,
naming rights and New Market Tax Credits.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. We the undersigned Mayor and City Council of Federal Way do hereby request
Federal Funding assistance for construction of the Federal Way performing arts and conference
Resolution No. 14- Page 1 of 3
Rev 1/10
center.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20_
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
Resolution No. 14- Page 2 of 3
Rev 1/10
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 14- Page 3 of 3
Rev 1/10
COUNCIL G DATE: No 18, 2014 ITEM #:
NCIL MEETINvember 1-"I d
. .... . . .. ..... ..... . .. . ... . . ....... . ... ---- --------- I .... . ............. I ... . .. ...... I ... . .......... ................... . ... .......... . . . . . ...... . ...
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROPOSED PURCHASE OF VACANT RETAIL SPACE (THE FORMER TARGET SITE)
POLICY QUESTION: Should the City Council authorize the use of City funds not to exceed $8,203,360.00 to
purchase vacant retail space located at 2141 S. 314th and authorize the Mayor to execute the necessary
documents for said purchase?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: The Mayor's_Qffi�ce DEPT:
. . . .......... . ...... - - -------
Attachments: Press Release, Frequently Asked Questions
Options Considered: 1. Authorize the use of City funds not to exceed $8,203,360.00 to purchase the
property located at 2.141 S. 314th and authorize the Mayor to execute all necessary
documents for said purchase.
2. Do not authorize the use of City funds to purchase the property located at 2141
S. 314th.
....... . ...... . ....... - -------- I . . ...... . ... . ........ ....... . .....
MAYOR'S RECOMMENDATION: Option I
MAYOR APPROVAL: NIA PJRECTOR APPROVAL: NIA
Committee Initial/Date
Inifial/Date elrInitial/Date
CHIEF OF STAFF: NIA 4.
Committee
Initial/Date initial ate
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval to authorize the use of City funds not to exceed
to purchase the property located at 2141 S. 314th and authorize the Mayor to execute all
rnecessary documents for said purchase.
^1 24ff g(op
BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
APPROVED&,mt--iq COUNCIL BILL #
❑ DENIED IsT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE N
REVISED- 02/06/2006 RESOLUTION #
CITY OF
Federal Way
For Immediate Release Media Contact:
November 14, 2014 Chris Carrel
Communications Coordinator
(253) 835 -2411 or 253- 347 -7057
Federal Way Town Center is Born: City to Acquire Key Parcel
Federal Way, WA - The City of Federal Way announced today it has reached a tentative
agreement to acquire a vacant, eight -acre property adjacent to the new Performing Arts and
Conference Center (PACC) that would be a cornerstone for its Town Center redevelopment
effort.
"This is a landmark opportunity to advance our community's vision of a vibrant downtown
that is the heart of the city," said Federal Way Mayor Jim Ferrell. "Creating a vibrant
downtown core for our City has been a vision for decades: Redevelopment of this property
combined with the PACC, Town Square Park, and Transit Center creates four contiguous
blocks - Town Center is born! "
Town Center is the heart of Federal Way's downtown, 21 acres featuring civic amenities
such as Town Square Park, the Performing Arts and Conference Center, a hotel and the
potential for private office space, higher education facilities, public spaces, and smaller
retailing space along with arts and entertainment venues.
Added Deputy Mayor Jeanne Burbidge; "This is a tremendous opportunity for our community
to set the vision and future of our downtown. For our citizens and the future growth and
development of our downtown, the time to act is now. This is an opportunity to leverage
property in an exciting new direction for the City."
The property, currently a vacant retail site, is located on the southwest corner of South 316th
Street and 23rd Avenue South. The purchase price for the property is $8.2 million, is below
the seller's asking price, and can be financed without raising taxes.
The purchase will be short -term financed over a three -year period while long -term private
development, financing, and investment are secured. With this purchase, the City will
continue to have a high debt capacity while the Town Center development is secured.
"This is a smart investment by the city," said Council Member Bob Celski. "This area of the
City suffers from blight and underutilized properties. Securing the site now provides an
anchor for the new Town Center and builds momentum for future redevelopment
opportunities in partnership with the private sector. It's exciting to see our community's
dream of a real downtown coming true."
The City Council is scheduled to take action on the agreement at its November 18, 2014
meeting.
CITY OP
? - ,} Federal Way
FAQ - Town Center Property Acquisition
Why is this acquisition a priority for the city?
Creating a vibrant downtown center for Federal Way has been an unrealized civic vision for
too many years. The urgency to move forward on building the new Town Center has
increased following the recent economic recession that left nearly a quarter of a million
square feet of property blighted and vacant. Our downtown is the heart of the community.
This acquisition is key to realizing the civic vision of a dynamic, prosperous downtown.
Why is the city moving to purchase the property now?
Securing the site now will provide an anchor for the new Town Center and builds momentum
for future redevelopment opportunities. With the interest in downtown created by Town
Square Park, the performing arts and conference center and the College Initiative, the Town
Center concept is ready to become a reality. The acquisition will enable the City to bring
public and private development interest to the property.
What is Town Center?
Town Center is the heart of downtown, 21 acres featuring civic amenities such as Town
Square Park, the performing arts and conference center, a hotel and the potential for private
office space, higher education facilities, public spaces, and smaller retailing space along
with arts and entertainment venues.
Why not wait for private development to work?
This piece of property is key to a new type of development in Federal Way's downtown that
will connect the Town Square Park, performing arts and conference center, hotel, and the
Transit Center. While private development will be critical to development of Town Center, the
market by itself will not maximize the full development and public use potential of this site
or ensure connectivity and compatibility with the surrounding uses.
How is the city paying for the property without raising taxes?
The purchase will be short-term financed over a three -year period while a long-term
financing plan is developed that envisions redevelopment of the site through both City and
private investment that will produce revenues to recover the purchase cost.
What is the city paying for the property?
The agreed selling price of $8.2 million is competitive with today's marketplace and is below
the listed price for the property of $8.5 million. The City moved confidentially to make an
offer without disclosing the City's interest, which could have inflated the price. The City's
interest has subsequently been disclosed to the seller.
How is the City paying for the financing?
The City can finance purchase of the site without new taxes and without affecting other
programs or priorities of the City. The annual interest on a 3 -year note of $8.5 million is
$128,350 and a total of $385,050 over three years. The City will publish a request for
qualification (RFQ) for development of the site. In the short-term, the City may consider
temporary leasing of the site to cover the interest. As part of the proposed 2015 -2016
budget, the City has $3 million in strategic reserves that may be used if needed, with Council
approval.
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COUNCIL MEETING DATE: November 18, 2014
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: ORDINANCE: BORROW UP TO $8.5 MILLION TO FINANCE THE PURCHASE OF THE OLD TARGET BUILDING.
POLICY QUESTION: Should the City approve the Ordinance finance the purchase of the Target Building?
COMMITTEE: MEETING DATE:
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ade' Ariwoola DEPT: Finance
Attachments: Bond Ordinance to finance the purchase of the Target Building
Summary/Background: The City Council is considering the purchase and the financing of the purchase of the
old Target building. The loan is for a 3 year period at the rate of 1.51 %.
Options Considered:
Approve the attached Bond Ordinance.
2. Deny approval of the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDA'
MAYOR APPROVAL:
CHIEF OF STAFF:
n
Initial/Date
CoWift&
Initial/Date
COMMITTEE RECOMMENDATION: N/A
1
Initial/Date
I it /Date
CP IRECTOR APPROVAL:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING AND ENACTMENT OF ORDINANCE (NOVEMBER): "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— 08/12/2010
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, establishing
a term loan and providing for the issuance and sale of a limited tax
general obligation bond anticipation note in the principal amount of not
to exceed $8,500,000 to evidence the loan to be used to purchase land for
city purposes; and fixing the form, covenants and terms of the note.
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following capitalized terms
shall have the following meanings:
(a) "Authorized Officer" means the Mayor or Finance Director.
(b) "Bank" means KeyBank National Association.
(c) "City" means the City of Federal Way, Washington, a municipal corporation duly
organized and existing under the laws of the State of Washington.
(d) "City Council" means the legislative authority of the City, as duly and regularly
constituted from time to time.
(e) "Code" means the United States Internal Revenue Code of 1986, as amended, and
applicable rules and regulations promulgated thereunder.
(f) "Date of Delivery" means the date of the delivery of the Note to the Bank.
(g) "Interest Rate" means 1.51 %.
(h) "Note" means the "City of Federal Way, Washington Limited Tax General
Obligation Bond Anticipation Note, 2014" authorized by this ordinance.
(i) "Note Account" means the Limited Tax General Obligation Bond Anticipation
Note Account, 2014, of the City created for the payment of the principal of and interest on the
Note.
Ordinance No. 14- Page I of 11
Rev 1/10
(j) "Note Register" means the registration records for the Note maintained by the
Note Registrar.
(k) "Note Registrar" means the City Finance Director, whose duties include
registering and authenticating the Note, maintaining the Note Register, transferring ownership of
the Note, and paying the principal of and interest on the Note.
(1) "Outstanding Principal Balance of the Note" means the principal amount of the
loan evidenced by the Note less the aggregate of all principal payments on the Note made by the
City.
(m) "Proposal" means a proposal to purchase the Note, setting forth certain terms and
conditions of the issuance, sale and delivery of the Note.
(n) "Request for Draw" means a written request by an Authorized Officer for a draw
from the loan authorized to be established by this ordinance.
Section 2. Findings and Determinations. The City takes note of the following facts
and makes the following findings and determinations:
(a) Authority and Description of the Project. The City is in need of land for City
purposes, which may include building a new city hall (the "Project "). The City Council therefore
finds that it is in the best interests of the City to carry out the Project.
(b) Plan of Financing. The City is authorized to issue limited tax general obligation
bonds and, pending the issuance of those bonds, issue short term obligations in accordance with
the provisions of chapter 39.50 RCW for the purpose of providing the funds to pay the costs of
financing the Project or reimbursing the City for the cost of the Project. The total expected cost
of the Project is approximately $8,500,000.
(c) Debt Capacity. The maximum amount of indebtedness authorized by this
Ordinance No. 14- Page 2 of 11
Rev 1/10
ordinance is $8,500,000. Based on the following facts, this amount is to be issued within the
amount permitted to be issued by the City for general municipal purposes without a vote:
(1) The assessed valuation of the taxable property within the City as ascertained by
the last preceding assessment for City purposes for collection in the calendar year 2014 is
$7,386,015,527.
(2) As of October 31, 2014, the City has limited tax general obligation indebtedness,
consisting of leases and conditional sales contracts outstanding in the principal amount of
$27,016,400, which is incurred within the limit of up to 1'/2% of the value of the taxable property
within the City permitted for general municipal purposes without a vote.
(3) As of October 31, 2014, the City has no unlimited tax general obligation
indebtedness outstanding.
Section 3. Authorization of the Note; Payment, Registration and Transfer. In order to
finance the Project, the City shall establish a term loan and issue and sell a note to evidence such
line. The Note shall be designated the "City of Federal Way, Washington Limited Tax General
Obligation Bond Anticipation Note, 2014" and issued in the denomination of not to exceed
$8,500,000 (the "Note "). The Note shall be dated the date of delivery to the Bank (the "Date of
Delivery ")
It is expected that the City will make a single draw up to $8,500,000 on the Date of
Delivery. The Note will bear interest at the Interest Rate. Interest on the Note shall accrue from
the date money is drawn, pursuant to a Request for Draw, until paid and shall be computed on the
principal amount outstanding on the basis of a 360 -day year composed of twelve 30 -day months.
Interest on the Outstanding Principal Balance of the Note shall be payable semiannually,
on each June 1 and December 1, commencing June 1, 2015. The Note matures on, and all
Ordinance No. 14- Page 3 of 11
Rev 1/10
outstanding principal and interest on the Note must be paid by, a date that is three years from the
Date of Delivery (the "Maturity Date "). The Note is a single- advance term loan, so that principal
amounts previously advanced and repaid may not be drawn again.
Interest under the Note shall be determined from the Date of Delivery.
Notwithstanding the foregoing, so long as an event of default (as defined in Section 11)
has occurred and is continuing hereunder, outstanding principal amounts will bear interest at a
default rate three percentage points in excess of the interest rate otherwise applicable under the
Note (the "Default Rate ")
The Note shall be issued in fully registered form. Both principal of and interest on the
Note shall be payable in lawful money of the United States of America by check, warrant, wire
transfer or automatic clearinghouse funds, to the registered owner of the Note at the address
shown on the Note Register.
Note proceeds disbursed by the Bank to the City on the Date of Delivery shall be
deposited into the appropriate City account determined by an Authorized Officer.
The Note may be assigned or transferred only in whole and only if endorsed in the
manner provided thereon and surrendered to the Note Registrar in return for a new Note showing
the transferee as registered owner, subject to the Bank's representations that it is assigning or
transferring the Note, in a certificate to be provided on the Date of Delivery. Any such transfer
shall be without cost to the owner or transferee and shall be noted in the Note Register. The Note
may only be assigned by the Bank to another qualified investor satisfying the requirements set
forth in the certificate to be signed by the Bank on the Date of Delivery.
Section 4. Form and Execution of the Note.
(a) Form of the Note; Signatures and Seal. The Note shall be prepared in a form
Ordinance No. 14- Page 4 of I I
Rev l /10
consistent with the provisions of this ordinance and Washington law. The Note shall be signed
by the Mayor and the City Clerk, either or both of whose signatures may be manual or in
facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or
printed thereon. If any officer whose manual or facsimile signature appears on the Note ceases to
be an officer of the City authorized to sign bonds before the Note bearing his or her manual or
facsimile signature is authenticated by the Note Registrar, or issued or delivered by the City, the
Note nevertheless may be authenticated, issued and delivered and, when authenticated, issued
and delivered, shall be as binding on the City as though that person had continued to be an officer
of the City authorized to sign bonds. The Note also may be signed on behalf of the City by any
person who, on the actual date of signing of the Note, is an officer of the City authorized to sign
bonds, although he or she did not hold the required office on its Date of Delivery.
(b) Authentication. Only the Note bearing a Certificate of Authentication in
substantially the following form, manually signed by the Note Registrar, shall be valid or
obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate of
Authentication. This Note is the fully registered City of Federal Way, Washington, Limited Tax
General Obligation Bond Anticipation Note, 2014." The authorized signing of a Certificate of
Authentication shall be conclusive evidence that the Note so authenticated has been duly
executed, authenticated and delivered and is entitled to the benefits of this ordinance.
Section 5. Note Account. A special fund or account of the City known as the
"Limited Tax General Obligation Bond Anticipation Note Account, 2014" (the "Note Account ")
is hereby authorized to be created and shall be drawn upon for the sole purpose of paying and
securing the payment of the Note. The City hereby covenants and agrees to deposit in the Note
Account proceeds of bonds, a refunding note, loans, taxes and/or grants, if any received by the
Ordinance No. 14- Page 5 of 11
Rev 1/10
City for the Project, in an amount sufficient to pay the principal of and interest on the Note as the
same becomes due.
Section 6. Prepayment. The City reserves the right to prepay principal of the Note in
advance of the scheduled payment, in whole, at any time, with no prepayment penalty. The City
may prepay the Note in part (a) from proceeds of the sale of a portion of the property purchased
or reimbursed with proceeds of the Note or (b) if required by federal tax regulations. The City
will notify the Bank at least 30 days in advance of its intent to prepay.
Section 7. Pledge of Taxes. The Note constitutes a general indebtedness of the City
and is payable from tax revenues of the City and such other money as is lawfully available and
pledged by the City for the payment of principal of and interest on the Note. For as long as the
Note is outstanding, the City irrevocably pledges that it shall, in the manner provided by law
within the constitutional and statutory limitations provided by law without the assent of the
voters, include in its annual property tax levy amounts sufficient, together with other money that
is lawfully available, to pay principal of and interest on the Note as the same become due. The
full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the
principal of and interest on the Note and such pledge shall be enforceable in mandamus against
the City.
Section 8. Tax Covenants.
(a) Tax Certificate. The City hereby covenants that it will not make any use of the
proceeds of sale of the Note or any other funds of the City that may be deemed to be proceeds of
such Note pursuant to Section 148 of the Code and the applicable regulations thereunder that will
cause the Note to be an "arbitrage bond" within the meaning of such section and such
regulations. The City will comply with the requirements of Section 148 of the Code (or any
Ordinance No. 14- Page 6 of 11
Rev 1/10
successor provision thereof applicable to the Note) and the applicable regulations thereunder
through the term of the Note. The City further covenants that it will not take any action or permit
any action to be taken that would cause the Note to constitute a "private activity bond" under
Section 141 of the Code.
(b) Post - Issuance Compliance. The Finance Director is authorized and directed to
adopt and implement the City's written procedures to facilitate compliance by the City with the
covenants in this ordinance and the applicable requirements of the Code that must be satisfied
after the issue date to prevent interest on the draws on the Note from being included in gross
income for federal tax purposes.
(c) Designation of the Note as a "Qualified Tax - Exempt Obligation." The City
designates the Note as a "qualified tax - exempt obligation" for the purposes of Section 265(b)(3)
of the Code, and makes the following findings and determinations:
(1) the Note does not constitute a "private activity bond" within the meaning of
Section 141 of the Code;
(2) the reasonably anticipated amount of tax - exempt obligations (other than private
activity bonds and other obligations not required to be included in such calculation) that the City
and any entity subordinate to the City (including any entity that the City controls, that derives its
authority to issue tax - exempt obligations from the City, or that issues tax - exempt obligations on
behalf of the City) will issue during the calendar year in which the Note is issued will not exceed
$10,000,000; and
(3) the amount of tax - exempt obligations, including the Note, designated by the City
as "qualified tax - exempt obligations" for the purposes of Section 265(b)(3) of the Code during
the calendar year in which the Note is issued does not exceed $10,000,000.
Ordinance No. 14- Page 7 of 11
Rev 1/10
Section 9. Sale of the Note. The sale of the Note to the Bank, under the terms and
conditions of this ordinance and the Proposal to purchase the Note is hereby approved and
confirmed. Upon delivery of the Note, the City shall reimburse the Bank's counsel fee in an
amount not to exceed $1,500.
Section 10. Reporting Requirements. While the Note is outstanding, the City shall
submit its annual financial reports to the Bank within 30 days after receipt of such annual
financial report from the Washington State Auditor, with such additional information as the Bank
may reasonably request.
Section 11. Default. The following events shall constitute a default under the Note:
(a) nonpayment of principal, interest, fees or other amounts under the Note when due,
(b) if the City fails to perform or observe any covenant of this ordinance,
(c) if the City has given the Bank any material representation or warranty that proves
to have been incorrect when made or confirmed,
(d) if a default occurs under other material agreements and indebtedness of the City,
(e) if the City voluntarily or involuntarily goes into bankruptcy, insolvency, debt
moratorium, etc., or
(f) if the City is unable to pay its debts.
Provided, that no payment default shall be deemed to occur until the Bank has
given written notice to the City of its failure to make such payment and five calendar days have
passed, and no other default shall be deemed to occur until the Bank has given written notice to
the City of its failure to comply with a covenant and 30 calendar days have passed. If any default
occurs as delineated in this section, (a) the interest rate may be increased to the Default Rate and
(b) the Bank may pursue any other remedies to which it is entitled under the Note and this
Ordinance No. 14- Page 8 of 11
Rev 1 /10
ordinance, at law or in equity.
Section 12. Governing Law. The Note shall be governed and interpreted according to
the laws of Washington. Nothing in this paragraph shall be construed to limit or otherwise affect
any rights or remedies of the Bank under federal law.
Section 13. General Authorization and Ratification. The Mayor, Finance Director,
City Clerk and other appropriate officers of the City are severally authorized to take such actions
and to execute such documents as in their judgment may be necessary or desirable to carry out
the transactions contemplated in connection with this ordinance, and to do everything necessary
for the prompt delivery of the Note to the Bank thereof and for the proper application, use and
investment of the proceeds of the Note. All actions taken prior to the effective date of this
ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the
terms of this ordinance are ratified and confirmed in all respects.
Section 14. Severability. The provisions of this ordinance are declared to be separate
and severable. If a court of competent jurisdiction, all appeals having been exhausted or all
appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as
to any person or circumstance, such offending provision shall, if feasible, be deemed to be
modified to be within the limits of enforceability or validity. However, if the offending provision
cannot be so modified, it shall be null and void with respect to the particular person or
circumstance, and all other provisions of this ordinance in all other respects, and the offending
provision with respect to all other persons and all other circumstances, shall remain valid and
enforceable.
Section 15. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
Ordinance No. 14- Page 9 of 11
Rev 1 /10
correction of scrivener /clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 16. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 17. Effective Date of Ordinance. This ordinance shall take effect and be in
force from and after its passage and five days following its publication as required by law.
PASSED by the City Council and APPROVED by the Mayor of the City of Federal Way,
Washington, at an open public meeting thereof, this 18th day of November, 2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14- Page 10 of I 1
Rev l /10
CERTIFICATION
I, the undersigned, City Clerk of the City of Federal Way, Washington (the "City "), hereby
certify as follows:
1. The attached copy of Ordinance No. 14- (the "Ordinance ") is a full, true and correct
copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the
regular meeting place thereof on November 18, 2014, as that ordinance appears on the minute book
of the City.
2. The Ordinance will be in full force and effect five days after publication in the City's
official newspaper, which publication date was November 21, 2014.
3. A quorum of the members of the City Council was present throughout the meeting and a
majority of the members voted in the proper manner for the passage of the Ordinance.
Dated: November , 2014.
CITY OF FEDERAL WAY, WASHINGTON
CITY CLERK, STEPHANIE COURTNEY, CMC
Ordinance No. 14- Page 11 of 11
Rev l /10
COUNCIL MEETING DATE: November 18, 2014
CITY OF FEDERAL WAY
CITY COUNCIL
ITEM #:
AGENDA BILL
SUBJECT — ORDINANCE: Proposed amendments to the Federal Way Revised Code (FWRC) related to the siting
of water park businesses in the City Center zoning districts.
POLICY QUESTION: Should the City prohibit the siting of water park businesses as primary uses in the City
Center -Core and City Center -Frame zoning districts?
COMMITTEE: LUTC MEETING DATE: November 3, 2014
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Isaac Conlen Planning Manager DEPT: CD
...................................................................................................-........................ ..............................- .................................... 1?............................. ........... ...................................................................... ... ........... ............ ..... -. ............... ... . ........... _.. ....... . ... - ... _ ..... - ........ .........
- ..._.._... - ._... -... --
Attachments: 1) Staff Memo to the LUTC; 2) Draft Ordinance; 3) October 15, 2014, Staff Report to the Planning
Commission with Exhibits A -E; 4) Draft Minutes of the October 15, 2014, Planning Commission Public Hearing
Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Ordinance;
2) Adopt the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the
Planning Commission's recommendation.
PLANNING COMMISSION'S RECOMMENDATION: The Planning Commission recommends prohibiting
water park businesses as primary uses in the City Center- Core/Frame zoning districts, but allowing them as
accessory uses to hotels aA health clubs as exprelsed in the Draft Ordinance.
MAYOR APPROVAL: C . v RECTOR APPROVAL: ;e �—
C nl ittee o it �� Initial �H -r11Z -W
CHIEF OF STAFF:,
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C TTE PECO N ON: I move to forward the
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PROPOSED COUNCIL MOTION(S): "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 - 0anziz010 RESOLUTION #
Cn File !? 14- 104661 -00 -U P Doc. I.D. 67091
4ik
CITY OF
Federal Way
MEMORANDUM
DATE: October 20, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Isaac Conlen, Planning Manager
SUBJECT: Water Park Uses in City Center Zones
BACKGROUND:
Earlier this year, several applicants approached the City and expressed interest in opening large
entertainment venues in the City Center -Frame (CC -F) zoning district, primarily consisting of a
combination of spa and water park uses. This combination of uses is considered to fall into the category
of "Retail establishment providing entertainment, recreational, or cultural services or activities," an
allowed use within the City Center -Frame (CC -F) and City Center -Core (CC -C) zoning districts. City
Council, upon learning of the proposed uses, expressed concern that such uses were not consistent with
their vision for the city center.
The Mayor directed staff to bring before the City Council a six -month moratorium on "Retail
establishments providing entertainment, recreational, or cultural services or activities" within the City
Center zones (both City CC -C and CC -F), in order to evaluate the compatibility of the use. The
moratorium was enacted on June 3, 2014, and expires on December 3, 2014.
Staff then prepared draft code amendments, which would have had the effect of prohibiting spas and
water parks within the city center, with the exception that spas would continue to be allowed as accessory
uses associated with hotels and health clubs. Additionally, definitions were created for health club, spa
and water park. The draft regulations would have the effect of causing one existing business, Palace Spa
located at 1727 South 316th Street, to become a legal nonconforming use. Legal nonconforming uses are
allowed to continue operating, but are not allowed to expand.
The staff recommendation was presented during the October 15, 2014, Planning Commission public
hearing. A representative of the Palace Spa, Mr. Arthur Kim, was in attendance and provided public
testimony. Mr. Kim requested the Planning Commission modify the draft regulations, such that his
business would not become legally nonconforming.
At the public hearing, the Planning Commission discussed the staff recommendation and had some
concerns regarding the impact the amendments would have on Mr. Kim's business and the overall need
for the amendments. Following the discussion, a motion was made and seconded to prohibit water parks
as primary uses, but to allow them as accessory uses. The language prohibiting spas as a primary use (and
all references to spas) was dropped. The vote was taken, and the motion passed 4 to 1.
Therefore, the recommendation before the LUTC is to prohibit water park businesses as primary uses in
the City Center -Core and City Center -Frame zoning districts, but to allow them as accessory uses to
hotels and health clubs. A draft ordinance has been prepared based on this recommendation.
CD File #14- 104661 -00 -UP Doc. I.D. 67093
LUTC OPTIONS:
The LUTC has the following options:
1. Recommend adoption of the Planning Commission's recommendations as shown in the
Draft Ordinance;
2. Recommend adoption of the Planning Commission's recommendation as further
amended by the LUTC; or
3. Do not recommend adopting the Planning Commission's recommendations.
c: Project File
CD File 914- 104661 -00 -UP Doc. I.D. 67093
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to spas and water park businesses; amending FWRC 12.40.010,
19.05.080, 19.05.190, 19.05.230, 19.225.030, and 19.230.040.
(Amending Ordinance Nos. 12 -735, 12 -713, 09 -610, 09 -600, 09 -593, 06-
515, 97 -291, 96 -270, 93 -170, and 90 -43)
WHEREAS, the City recognizes the need to periodically modify Titles 12 and 19 of the
Federal Way Revised Code (FWRC), "Businesses" and "Zoning and Development Code," in
order to conform to state and federal law, codify administrative practices, clarify and update
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 12 and 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 Titles
12 and 19 of the FWRC which establishes appropriate development regulations for spa and water
park businesses within the City Center zones in the City of Federal Way; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly
issued for the proposal on October 10, 2014, and no comments were received and the DNS was
finalized on October 24, 2014; and
WHEREAS, the Planning Commission conducted a public hearing on these code
amendments on October 15, 2014 and forwarded a recommendation to the Land Use and
Transportation Committee of the Federal Way City Council; and
Ordinance No. 14- Page 1 of 8
Rev 1110 LU
WHEREAS, the Land Use and Transportation Committee considered these code
amendments on November 3, 2014, and recommended adoption of the text amendments as
recommended by the staff, rather than as recommended by the Planning Commission.
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 because the amendments will serve to establish a complimentary mix
of uses to facilitate re- development of the City Center.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Titles 12 and 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. 14- Page 2 of 8
Rev 1 /10 LU
(a) The proposed FWRC amendments are consistent with, and substantially implement, the
Federal Way Comprehensive Plan by identifying specific zoning regulations to implement the
goal of redeveloping the city center.
(b) The proposed FWRC amendment bears a substantial relationship to the public health,
safety, and welfare because the text amendments establish appropriate uses to further the vision
for City Center re- development.
(c) The proposed amendment is in the best interest of the public and the residents of the
City of Federal Way because it serves to establish a complimentary mix of permitted uses to
facilitate re- development of the City Center.
Ordinance No. 14- Page 3 of 8
Rev 1/10 LU
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Section 5. FWRC 19.05.080 H Definitions is hereby amended to add the following
definition:
"Health club" means an establishment that provides facilities for aerobic
exercise, running and jogging, exercise equipment, game courts, swimming facilities,
showers, and lockers. Health clubs may also offer various exercise classes such as
aerobics and weight training and include accessory uses such as pro shops selling a
variety of sports equipment and clothing, cafes, and saunas.
Section 6. FWRC 19.05.190 S Definitions is hereby amended to add the following
definition:
"Spa" means a commercial establishment offering health, relaxation, and
beauty treatment primarily through such means as steam baths, baths, saunas,
pools, and massage. See also "Public bathhouse" in Title 12.
Section 7. FWRC 19.05.230 W Definitions is hereby amended to add the following
definition:
"Water park" means an amusement park that features water play areas, such as
water slides, splash pads, spraygrounds (water playgrounds), lazy rivers, or other
recreational bathing, swimming, and barefooting environments. Accessory water
features at parks and plazas are not included in the definition of "Water park."
Section 8. The definition of "Public bathhouse" in FWRC 12.40.010 is hereby amended
as follows:
"Public bathhouse" means any place where baths or facilities for baths are given or
furnished, including, where an attendant is present: Finnish baths; Russian baths; sauna
baths; Swedish baths; Turkish baths; hot tubs; baths by hot air, steam, vapor, water,
electric cabinet, or a combination thereof. "Public bathhouse" does not include ordinary
tub or shower baths. See also "Spa" in Title 19.
Section 9. 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.
Ordinance No. 14- Page 7 of8
Rev 1 /10 LU
Section 10. 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 11. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 12. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 18th day of November
2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
CD File #14- 104661 -00 -UP
Doc. I.D. 67092
Ordinance No. 14----- Page 8 of 8
Rev 1 /IGLU
1IN11
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way Revised Code (FWRC)
Pertaining to Retail Establishments Providing Entertainment, Recreational or
Cultural Services or Activities (Spa and Water Park Uses) in the City Center Zones
Revised Sections 19.05.080, 19.05.190 and 19.05.230; 19.225.040 and
19.230.030, et seq.
File No. 14-104661-00-UP
Public Hearing of October 15, 2014
I. BACKGROUND
Earlier this year, several applicants approached the City and expressed interest in opening large
entertainment venues in the City Center -Frame (CC -F) zoning district, primarily consisting of a
combination of spa and water park uses. This combination of uses is considered to fall into the
category of "Retail establishment providing entertainment, recreational, or cultural services or
activities," an allowed use within the City Center -Frame (CC -F) and City Center -Core (CC -C) zoning
districts. City Council, upon learning of the proposed uses expressed concern that such uses were not
consistent with their vision for the city center.
The Mayor directed staff to bring before the City Council a six -month moratorium on "Retail
establishments providing entertainment, recreational, or cultural services or activities" within the City
Center zones (both City CC -C and CC -F), in order to evaluate the compatibility of the use. The
moratorium was enacted on June 3, 2014, and expires on December 3, 2014 (see Exhibit E).
Staff then prepared the attached draft code amendments.
fI. PROPOSED CODE AMENDMENTS
This section provides a summary of the proposed code amendments. The proposed zoning code text is
attached as Exhibits A -C. Exhibit D is an amendment to Title 12, "Businesses," and is not under the
purview of Planning Commission review. I am including it in your packet to show the relationship to
the zoning code amendments you will be reviewing.
1. Staff has prepared draft code amendments that prohibit spa and water park uses in the CC -C and
CC -F zoning districts, with an exception for accessory spas less than 2,000 square feet in size
associated with hotels or health clubs.
2. Staff has also prepared draft new definitions for the terms "spa," "water park," and "health club."
Staff Report to the Planning Commission Public Hearing of October 15, 2014
Proposed Code Amendments Pertaining to Retail Establishments Providing Entertainment etc. in the City Center Page 1
III. ANALYSIS
The proposed code amendments would have the following effects.
1. Spas and water parks would not be allowed uses in the city center. Spas less than 2,000
square feet would be allowed as accessory elements for health chubs and hotels. Other
uses falling under the broad category of "Retail establishment providing entertainment,
recreational, or cultural services or activities," such as movie theaters, theatrical
companies, bowling alleys, etc. would continue to be allowed.
2. One existing business, the Palace Spa, located at 1727 South 316th Street would
become a legal nonconforming business. The business would be allowed to continue to
operate, but would not be allowed to expand (except for minor improvements
pursuant to the nonconformance chapter of the zoning code. This business owner has
been notified of the proposed code amendment and of the Planning Commission
meeting on October 15, 2014.
City Council has broad authority to determine the appropriate mix of uses in various zoning
designations throughout the City. In accordance with the concerns expressed by Council, by virtue of
the moratorium that was enacted, staff is suggesting an option wherein spas and water parks, as
primary uses, are not allowed in the city center. These uses will continue to be allowed uses in other
locations in the City.
IV. PROCEDURAL SUMMARY
9/26/14: Public Notice of 10/15/14 Planning Commission public hearing published and posted
10/10/14: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA)
10/24/14: End of SEPA Comment Period
11/14/14: End of SEPA Appeal Period
V. PUBLIC COMMENTS
No comments were received as of the date of this report.
VI. 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.
Staff Report to the Planning Commission Public Hearing of October 15, 2014
Proposed Code Amendments Pertaining to Retail Establishments Providing Entertainment etc. in the City Center Page 2
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments.
VII. 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 Federal Way Comprehensive Plan (FWCP) encourages a mix of retail, office, entertainment,
civic, and housing uses in the city center. The FWCP does not identify the specific uses that
should be allowed in the city center. Eliminating spas and water parks as allowed uses in the city
center is not in conflict with the overall goal of creating a vibrant mixed -use environment.
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 serve to implement a tighter range of uses within
the city center. This will allow more opportunity for restaurant and specialty retail development
to activate the city center. The right mix of uses will complement existing improvements and help
stimulate re- development of the city center.
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
creating the right mix of uses will help stimulate re- development of the city center. By
establishing the right mix, we can develop a vibrant mixed -use environment, creating
opportunities for living, shopping and working, improving livability, and generating tax revenue
to pay for city services.
VIII. 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 19.05.080, 19.05.190, and 19.05.230; 19.225.040 and
19.230.030; as identified in Exhibits A -C below and attached to this staff report.
VIII. PLANNING COMMISSION ACTION
Staff Report to the Planning Commission Public Hearing of October 15, 2014
Proposed Code Amendments Pertaining to Retail Establishments Providing Entertainment etc. in the City Center Page 3
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 presented;
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.
EXHIBITS
Exhibit — FWRC 19.05.080, 19.05.190, and 19.05.230, Modifications to "H," "S," and "R"
Definitions
Exhibit B — FWRC 19.230.030, Modification of CC -F Use Zone Chart
Exhibit C— FWRC 19.225.040, Modification of CC -C Use Zone Chart
Exhibit D — FWRC 12.40.010, Modification to "Public Bath House" Definition
Exhibit E — June 3, 2014, Ordinance Establishing a Moratorium on "Retail establishments providing
entertainment, recreational, or cultural services or activities"
Staff Report to the Planning Commission Public Hearing of October 15, 2014
Proposed Code Amendments Pertaining to Retail Establishments Providing Entertainment etc. in the City Center Page 4
Exhibit A
Definitions Related to Moratorium on Entertainment Uses in the City
Center -Core and City Center -Frame Zoning Districts
FWRC 19.05.080, H Definitions
"Health club" means an establishment that provides facilities for aerobic exercise, running and
jogging, exercise equipment, game courts swimming facilities, showers and lockers. Health clubs may
also offer various exercise classes such as aerobics and weight training and include accessory uses
such as pro shops selling a variety of sports equipment and clothing, cafes, and saunas.
FWRC 19.05.190, S Definitions
"Spa" means a commercial establishment offering health, relaxation and beauty treatment primarily
through such means as steam baths, baths saunas, pools, and massage See also "Public bathhouse."
FWRC 19.05.230, W Definitions
"Water park" means an amusement park that features water play areas, such as water slides, splash
Pads, spraygrounds (water playgrounds), lazy rivers, or other recreational bathing, swimming, and
barefooting environments. Accessory water features at parks and plazas are not included in the
definition of "Water park."
File #14- 104661 -00 -UP Proposed Changes, October 15, 2014
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Exhibit D
Definition Related to Moratorium on Entertainment Uses in the City
Center -Core and City Center -Frame Zoning Districts
FWRC 12.40.010, Bathhouses Definitions
"Public bathhouse" means any place where baths or facilities for baths are given or furnished, including,
where an attendant is present: Finnish baths; Russian baths; sauna baths; Swedish baths; Turkish baths;
hot tubs; baths by hot air, steam, vapor, water, electric cabinet, or a combination thereof. "Public
bathhouse" does not include ordinary tub or shower baths. See also "Spa."
File 914-104661-00-UP Proposed Changes, October 15, 2014
ORDINANCE NO. 14 -768
AN ORDINANCE of the City of Federal Way, Washington, imposing
a six month moratorium on the expansion or creation of a retail
establishment providing entertainment, recreational or cultural
services or activities within the City Center Core (CC -C) and City
Center Frame (CC -F) and setting a date for a public hearing.
WHEREAS, the zoning for the City Center Core (CC -C) and City Center Frame (CC -F)
contains an entertainment use category for "retail establishment providing entertainment,
recreational or cultural services or activities "; and
WHEREAS, Council desires to review uses that fall within this zoning use category to
determine whether they are appropriate for the type of development the City envisions for the
City Center Core and Frame; and
WHEREAS, the City desires to maintain the status quo while this zoning use category is
reviewed; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a
moratorium; and
WHEREAS, the adoption of this moratorium is exempt from the requirements of a
threshold determination under the State Environmental Policy Act; and
WHEREAS, the desire to maintain the status quo and the potential adverse impacts on
the public health, property, safety and welfare of the City and its citizens if this Ordinance does
not take effect immediately, justify the declaration of an emergency and the designation of this
ordinance as a public emergency ordinance necessary for the protection of public health, public
safety, public property or the public peace by the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 14 -768 Page I of 3
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings of fact:
(a) The forgoing whereas provisions are adopted as findings of fact.
(b) A moratorium is necessary to provide the City with sufficient time to review
certain uses that are allowed in the City Center Core and Frame.
uses.
(c) A moratorium is necessary to preserve the status quo while the City reviews these
Section 2. Moratorium Established. No expansion of a current use or creation of a new
use that falls within FWRC 19.225.040 and 19.230.030 as a retail establishment providing
entertainment, recreational or cultural services or activities shall be allowed in the City Center
Core or Frame for the duration of this moratorium.
Section 3. Duration of Moratorium. This moratorium shall be in effect for six months
from the effective date of this ordinance.
Section 4. Public Hearing. A public hearing for this moratorium will be held on June 17,
2014, at the regularly scheduled City Council Meeting.
Section 5. Planning Commission Work Program. The PIanning Commission Work
Program is amended to add code amendments related to retail establishments providing
entertainment, recreational or cultural services or activities within the City Center Core and
Frame as a high priority.
Section 6. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Ordinance No. 14 -768 Page 2 of 3
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 9. Effective Date. By unanimous consent, the Council finds that this moratorium
is for a public emergency and needed for the immediate support of City governments and is not
subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and
be in full force upon adoption.
PASSED by the City Council of the City of Federal Way this 3`d day of June, 2014.
CITY OF FEDERAL WAY
WJIM RREL L
ATTEST:
CITY CLERK, CAROL 114CNEILq, C C
APPROVED AS TO FORM:
&Itl-��PjaAZd-&
INTERIM ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY.CLERK: 6 -3 -2014
PASSED BY THE CITY COUNCIL: 6 -3 -2014
PUBLISHED: 6 -6 -2014
EFFECTIVE DATE: 6 -3 -2014
ORDINANCE NO.: 14 -768
Ordinance No. 14 -768 Page 3 of 3
CITY OF FEDERAL WAY
PLANNING COMMISSION
October 15, 2014 City Hall
7:00 p.m. Patrick Maher Conference Room
MEETING MINUTES
Commissioners present: Tom Medhurst, Hope Elder, Sarady Long, Diana Noble - Gulliford, Tim O'Neil,
and Anthony Murrietta. Commissioners absent: Lawson Bronson, and Nikole Coleman -Porter (excused),
and Wayne Carlson (unexcused). Staff present: Planning Manager Isaac Conlen, Principal Planner
Margaret Clark, and Assistant City Attorney Ryan Cal.
CALL TO ORDER
Chair Medhurst called the meeting to order at 7:05 p.m.
APPROVAL OF MINUTES
The minutes of September 17, 2014, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
None
Commissioner Noble - Gulliford moved (and it was seconded) to change the order of the agenda and hold
the public hearing on the proposed amendments related to entertainment, recreational, and cultural
services or activities in the City - Center Core (CC -C) and City- Center Frame (CC -F) Zones before the
briefing on the Comprehensive Plan Update. There was no further discussion and the motion carried.
COMMISSION BUSINESS
PUBLIC HEARING — Proposed Amendments Related to Entertainment, Recreational, and Cultural
Services or Activities in the City Center -Core (CC -C) and City Center -Frame (CC -F) Zones.
Planning Manager Isaac Conlen delivered the staff presentation. He explained that the City had received
two proposals for combination spa/water park entertainment venues in the City Center. These uses are
allowed as a "Retail establishment providing entertainment, recreational and cultural services or
activities." The Council is concerned with compatibility of these uses with other uses in the City Center
and adopted a moratorium, effective June 3, 2014. The moratorium expires on December 3, 2014. The
Council has not provided staff with much direction as to the nature of desired code changes. There is one
existing spa in the CC -C, located at 1727 South 316`" Street. Adoption of the code amendment as
proposed would make this business a nonconforming use. The spa use would be allowed to continue, but
would have limited ability to expand. Spas and water parks are allowed in other zones.
Planning Commission Minutes Page 1 October 15, 2014
Staff has researched the issue and recommends that spas and water parks be prohibited in the CC -C and
CC -F zones. Staff also recommends that spas up to 2,000 square feet be allowed as an accessory use to
hotels and health clubs. Definitions for spas, water parks, and health clubs are also being proposed, as
there are presently no definitions for these uses in the code.
The meeting was opened for public testimony.
Arthur Kim, owner of the Palace Spa located at 1727 South 316"' Street, testified that he and his
family owns this business and several businesses in Federal Way and they have always supported
the City in any way they could. He said that he had read the nonconforming code section and
wanted to request that there be no percentage threshold for his business being terminated as a spa
use if the code amendment was adopted. The nonconforming use section states that any
nonconforming use must be terminated if the applicant is making changes or alterations, or doing
work other than normal maintenance, in any one consecutive 12 -month period to any structure
that houses or supports the nonconforming use and the fair market value of that change,
alteration, or work exceeds 15 percent of the assessed or appraised value of that structure. Mr.
Kim explained that due to the high cost per square foot to remodel a spa, 15 percent of the value
of the building would be reached very quickly, so basically they wouldn't be able to do much.
Alternate Commissioner Murrietta asked Mr. Kim if he had an alternative to the 15 percent and Mr. Kim
had none. Commissioner O'Neil asked Planning Manager Conlen the reason for the Council wanting to
ban spas and water parks in the CC -C and CC -F zones. Mr. Conlen responded that the reason was the
Council felt that these uses weren't compatible with the Vision for The City Center. Commissioner
Noble - Gulliford questioned whether there was a Vision, to which Planning Manager Conlen replied that
the City Center Chapter of the comprehensive plan included the Vision. Planning Commissioner Long
stated that banning spas in the City Center would adversely affect a hotel with a spa wanting to locate in
the City Center as 2,000 square feet was not very big for such a spa. There was further discussion about
the Top Foods site being redeveloped as a proposed spa and water park as opposed to remaining empty.
The Commissioners also agreed that they were not in favor of making an existing business, the Palace
Spa, a nonconforming use.
Commissioner Elder moved (and it was seconded by Commissioner Noble- Gulliford) to recommend that
the code amendment not be approved. After further discussion, Commissioner Noble - Gulliford withdrew
her second. There was no further second and the motion died due to the lack of a second.
There was further discussion. Chair Medhurst stated that the commissioners had four alternatives to choose
from — recommend the Council adopt the amendments as proposed; modify the proposed amendments and
recommend adoption of those; recommend the proposed code amendments not be adopted; and forward
without a recommendation. At that point Alternate Commissioner Murrietta offered a recommendation that
would allow spas in the CC -C and CC -F and would allow water parks as an accessory use to health clubs
and hotels. Assistant City Attorney Call stated the motion should be made by a full commissioner, rather
than an alternate commissioner.
Commissioner O'Neil moved (and it was seconded) to allow spas in the CC -C and CC -F zones and allow
water parks as an accessory use to health clubs and hotels. There was no further discussion and the vote
was held as follows:
Chair Medhurst – Yes
Commissioner O'Neil – Yes
Commissioner Elder –No
Commissioner Long – Yes
Commissioner Noble - Gulliford – Yes
With four (4) yes and one (1) no, the motion carried. The public hearing was closed.
Planning Commission Minutes Page 2 October 15, 2014
BRIEFING — Federal Wiry Comprehensive Plan (FWRC) Major Update — Chapter Two, "Land Use"
Commissioner Long recused himself; he is working on this project as a staff member. Principal Planner
Clark delivered the presentation. She went over the background and stated that staff will be streamlining
the plan to make it easier for the citizens and decision makers to read and quickly grasp the vision and
how it will be implemented. She explained that the Growth Management act (GMA) requires a
comprehensive plan to include a land use element that addresses proposed general distribution and
location and extent of land uses; population densities, building intensities, and estimates of future
population growth; groundwater protection and protection of water quality; and promotion of physical
activity. The comprehensive plan must also comply with VISION 2040 and the King County Countywide
Planning Policies (CWPPs). The goals and policies in VISION 2040 and the CWPPs are to provide urban
services for future development; create centers which are compact, walkable communities that support
transit and other services; provide contiguous and orderly development; support economic development;
provide affordable housing; and protect environmentally sensitive areas. She also stated that the majority
of edits to this chapter are updating information such as demographics and maps and eliminating
unnecessary language.
Major changes include adding a zoning map and updating the land use map and pie chart to make the land
use categories consistent. Staff proposes to delete the section on "Relationship to Other Land Use
Chapters" because it does not add value to this chapter, except the section on "Water Quality," presently
shown as deleted, will be retained to meet the GMA requirement for the land use element. Staff also
updated population projections and the section on Development Capacity and Targets. Detailed
information on how capacity is calculated was deleted.
The Weyerhaeuser Company will be moving their corporate headquarters from East Campus to Seattle in
2016; therefore, staff made changes to the text, goals and policies of the Office Park and Corporate Park
sections to reflect this future change. Goal LUG9 was also added.
Both the CWPPs and VISION 2040 require comprehensive plans to address climate change. Therefore, a
section on climate change was added to this chapter. Other impacts associated with climate change will be
added, where appropriate in other chapters, such as sea level rise, which will be addressed in Chapter 9,
Natural Environment. VISION 2040 requires the comprehensive plan to address health. Staff proposes to
incorporate health - related goals and policies into existing chapters. For example, healthy eating has been
addressed by the Urban Agriculture portion of the Land Use Chapter. Active living will be incorporated
into Chapter 3, Transportation, by the adoption of the Bicycle and Pedestrian Master Plan.
Principal Planner Clark then briefed the commission on the five site - specific requests for comprehensive
plan amendments and rezones and the one request for a text change to the comprehensive plan. The intent
of the briefing was for informational purposes only, as the requests will be presented to the City's Land
Use Transportation Committee (LUTC) and the City Council will hold a public hearing on the requests,
after which, they will provide staff direction as to which requests should be considered further. The
requests that are to be considered further will come back to the Planning Commission with the updated
chapters for a public hearing.
Commissioner Noble - Gulliford inquired as to why Historic Preservation Policy LUP65 was changed and
Planning Manager Conlen said that it was related to the protection of property rights and that the other
policies addressed the topic of preservation of historic buildings. Commissioner Noble - Gulliford also
asked what the potential CC -F designation for the 16.75 acre Belmor site could result in. Principal
Planner Clark replied that the CC -F designation could result in 70 -foot tall towers; however, the applicant
has stated that they are interested in providing a retirement home for the Belmor residents in that area.
Commissioner O'Neil asked how was capacity calculated and both Alternate Commissioner Murrietta and
Planning Commission Minutes Page 3 October 15, 2014
Principal Planner Clark explained the process. Council Member Noble - Gulliford stated that she was
concerned about the City changing King County zoning upon incorporation, which resulted in downzones
and the associated cost for affected citizens to apply for an amendment to get those uses back. Ms. Clark
said that there is an opportunity for citizens to apply for comprehensive plan amendments and rezones as
part of the annual comprehensive plan update process. Chair Medhurst added that this evening we saw
five examples of how this process works.
ADDITIONAL BUSINESS
Planning Manager Conlen said staff is planning to brief the Planning Commission on Chapter 5, Housing,
on November 19th
ADJOURN
The meeting was adjourned at 8:40 p.m.
KAPlanning Commission \2014 \Meeting Summary 10- 15- 14.doc
Planning Commission Minutes Page 4 October 15, 2014
SUBJECT: ORDINANCE: 2015/2016 BIENNIAL BUDGET
POLICY QUESTION: Should the City Council adopt the 2015/2016 Budget based upon the Mayor's Proposed Budget?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ade' Ariwoola DEPT: Finance
Attachments: 2015/2016 Budget Ordinance and Exhibit A
Summary/Background: The Mayor submitted the City's proposed 2015/2016 Budget to the City Council for
consideration on October 7, 2014. The City Council held sessions on October 15th and 29t1i, and November 4h
and 18`h, to review and deliberate on the proposed budget. Formal public hearings were held on November 4th
and 18th to allow for citizen comment on the Mayor's Proposed Budget.
Options Considered: -
1. Approve the 2015/2016 Biennial Budget as amended.
2. Deny approval of the 2015/2016 Biennial Budget and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
WIRECTOR APPROVAL
Initial /Date
v Initial Date V Initial /Date
CHIEF OF STAFF: , G.n h., / -vml
Commity a Council
Initial/Date Initial /Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1sT READING OF ORDINANCE (NOVEMBER 18, 2014): 1 move to forward the proposed ordinance to a second
reading and enactment on the December 2, 2014 Council meeting.
2ND READING OF ORDINANCE (DECEMBER 2,2014): "1 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.
AN ORDINANCE of the City of Federal Way, Washington, relating
to budgets and finance, adopting the 2015 -2016 Biennial Budget.
WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for
the 2015 -2016 fiscal biennium have been prepared and filed on October 7, 2014 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 4 and November 18, 2014, and having considered the public testimony presented;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. 2015 -16 Biennial Budget. That the budget for the 2015 -2016 biennium is
hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A ( "2015-
2016 Proposed Budgets ").
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
Ordinance No. 14- Page I of 4
Rev 1/10
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 be effective January 1, 2015.
PASSED by the City Council of the City of Federal Way this day of
December, 2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
Ordinance No. 14- Page 2 of 4
Rev 1/10
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14- Page 3 of 4
Rev 1/10
DCHIBIT A
2015 -2016 Adopted Budget
Ordinance No. 14- Page 4 of 4
Rev 1/10
2015
2016
Beginning
Beginning
Ending Fund
Fund
Fund Balance
Revenue
Expenditure
Fund Balance
Revenue
Expenditure
Balance
General Fund
$ 12,194,685
$ 41,528,586
$ 42,385,070
$ 11,338,201
$ 42,709,838
$ 45,041,340
$ 9,006,700
Special Revenue Funds:
Street
650,000
3,915,336
4,065,336
500,000
3,990,944
3,990,944
500,000
Arterial Street
100,000
1,515,500
1,515,500
100,000
1,515,500
1,515,500
100,000
Utility Tax
2,518,148
9,814,966
10,296,533
2,036,581
9,814,966
10,351,547
1,500,000
Solid Waste /Recycling
183,883
474,717
470,101
188,499
476,717
489,980
175,236
Special Contract /Studies
-
-
-
-
-
-
-
Hotel/Motel Lodging Tax
245,300
200,300
200,300
245,300
200,300
200,300
245,300
2% for Arts
-
-
-
-
-
-
-
Community Center
1,636,738
2,198,500
2,288,724
1,546,515
2,198,500
2,199,112
1,545,903
Traffic Safety Fund
2,492,758
2,123,643
2,123,643
2,492,758
2,169,882
2,169,882
2,492,758
Real Estate Excise Tax
3,286,857
1,900,000
2,723,773
2,463,084
1,900,000
2,725,123
1,637,961
Utility Tax Proposition 1
1,002,600
2,868,824
2,841,965
1,029,459
2,868,824
2,898,284
1,000,000
Community Development
40,715
1,237,072
1,237,072
40,715
1,237,103
1,237,103
40,715
Paths and Trails
14,439
164,000
-
178,439
169,000
-
347,439
Strategic Reserve
3,000,000
-
-
3,000,000
-
-
3,000,000
Debt Service Fund
39,443
1,838,813
1,039,573
838,683
1,721,538
1,721,538
838,683
Capital Project Funds:
Downtown Redevelopmen
25,459
-
-
25,459
-
-
25,459
Municipal Facilities
255
-
-
255
-
-
255
Parks
993,081
30,000
1,000,000
293,081
300,000
300,000
293,081
Surface Water Managemei
611,326
3,123,000
3,123,400
610,926
2,110,000
2,110,400
610,526
Transportation
424,675
12,810,000
8,470,000
4,764,675
12,733,000
14,585,000
2,912,675
Capital Project Reserve
480,000
480,000
-
480,000
Perfomling Arts and Conf
8,340,000
-
8,340,000
-
-
-
Enterprise Fund:
Surface Water Managemei
3,968,141
3,850,768
5,254,931
2,563,978
3,930,768
5,597,727
897,019
Dumas Bay Centre
302,859
751,251
1,012,071
42,040
751,251
719,827
73,464
Internal Service Funds:
Risk Management
1,949,464
924,443
924,443
1,949,464
924,443
924,443
1,949,464
Information Technology
3,719,348
1,973,706
1,952,457
3,740,597
1,980,780
2,490,246
3,231,131
Mail & Duplication
216,054
128,482
145,001
199,535
128,482
111,369
216,648
Fleet & Equipment
6,456,498
2,187,598
3,081,275
5,562,821
2,017,798
1,824,075
5,756,545
Buildings & Furnishings
1,827,872
524,414
398,354
1,953,932
525,840
399,817
2,079,954
Health Insurance
1,960,179
4,205,220
2,614,999
3,550,400
4,205,220
2,614,999
5,140,621
Unemployment Insurance
1,685,026
224,825
224,825 1
1,685,026
224,825
224,825
1,685,026
Grand Total All Funds
$ 60,365,804
$100,783,964
$ 107,729,344 1
$ 53,420,425
$100,805,519
$106,443„381
$ 47,782,563
Ordinance No. 14- Page 4 of 4
Rev 1/10
COUNCIL MEETING DATE: November 18, 2014 ITEM #: R&
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: 2015 PROPERTY TAX LEVY
POLICY QUESTION: Should the City Council increase the regular property tax consistent with the limit factor
prescribed by RCW 84.55.0101?
COMMITTEE: MEETING DATE:
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ade' Ariwoola, Finance Director DEPT: Finance
Attachments: 2015 Property Tax Levy Ordinance, and 2015 Property Tax Certification Ordinance
Summary/Background: The City Council held public hearings on November 4th and November 18th on the
proposed 2015/2016 Biennial Budget and ,2015 proposed Property Tax Levy. The 2015 proposed Property Tax
Levy is based on the 1% increase limit plus new construction. Based on preliminary information from the King
County Assessor, this would result in a decrease in the tax rate from $1.395 to approximately $1.254 per $1,000 of
assessed valuation.
Options Considered:
1. Approve the attached draft 2015 Property Tax Levy Ordinance.
2. Deny approval of the draft 2015 Property Tax Levy Ordinance and provide direction to staff.
MAYOR'S RECOMMENDA
MAYOR APPROVAL: I / CTOR APPROVAL
Commi ee O uncil
Initial/ ate Initial/Date
CHIEF OF STAFF: / W", /�, .t-A- I% ✓l
Committe Coun
Initial/Date Initial/Dat
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the December 2, 2014
Council Meeting for enactment. "
2 "n 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 #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, fixing the
property tax amount for the year of 2015.
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 2015/16
biennium; and
WHEREAS, the City Council, in the course of considering the biennium budget,
conducted public hearings on November 4, 2014 and November 18, 2014 for the proposed
property tax levy for 2015, 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 authorize an increase in regular
property tax consistent with the limit factor prescribed by RCW 84.55.0101 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. Levy. 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 2015 for the
purpose of paying expenses and discharge obligations of the City in the amount of Ten 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 Thousand Four Hundred and Twenty Four Dollars ($60,424) or point fifty nine percent
(0.59 %), (2) new construction and improvements to property, (3) any increase in the value of
Ordinance No. 14- Page 1 of 3
Rev 1/10
state 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 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 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 no 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 be effective January 1, 2015.
PASSED by the City Council of the City of Federal Way this day of
December, 2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE D. COURTNEY, CMC
Ordinance No. 14- Page 2 of 3
Rev 1 /10
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14- Page 3 of 3
Rev I /10