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Council PKT 04-21-2015 Regular AMENDED AGENDA 404ti 25 n.,.ry lt) / 411 f99 2040 CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall April 21, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Ceremonial Swearing In of Police Officers b. Recognition of South King Fire & Rescue Assistant Fire Chief Gordon Olson c. Sound Transit Update/Publication of Draft EIS— Chelsea Levy d. Federal Way Veterans Center/April Sexual Assault Awareness Month e. Mayor's Emerging Issues and Report • City's New Entry Sign on S. 320th Street • RFQ/RFP Update for TC3 • Update on Montevista Short Plat • Neighborhood Connection Meeting—April 23 Adelaide Elem 6:00 pm • State of the County Address—April 27— 11:30 am Federal Way Community Center • Farmer's Market Opening—May 9 • Touch-a-Truck Event—May 16 • Community Center Update 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval;all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: April 7, 2015 Regular and Special Meeting Minutes ...page 7 b. S. 324th Street (Pacific Highway South to S. 322"d Street) Preservation Project—85% Design Status Report and Authorization to Bid ...page 16 The Council may add items and take action on items not listed on the agenda. AMENDED AGENDA c. S. 288th Street (Military Road to City Limit) Preservation Project—85% Design Status Report and Authorization to Bid ...page 18 d. Pacific Highway South HOV Lanes Phase V Project (S. 340th Street to S. 359th Street) —85% Status Report ...page 20 e. 20th Avenue South Name Change—"Pete von Reichbauer Way" ...page 23 f. DDA Interlocal Contract— Respite & Individual and Family Services ...page 25 g. Washington Traffic Safety Commission (WTSC) Memorandum of Understanding for Distracted Driving ...page 55 h. Application for Ballistic Vest Partnership (BVP) Grant ...page 65 i. 85% Design Approval and Permission to Begin Bid Process on Town Square park ... page 67 6. PUBLIC HEARING a. Medical Marijuana Moratorium per Ordinance#15-787 ...page 68 • Staff Report • Citizen Comment • Council Discussion/Questions 7. COUNCIL BUSINESS a. Karl Grosch Field Replacement ...page 74 b. Re-Appointment to Parks and Recreation Commission ...page 76 c. ADDED ITEM — Resolution/Authorizing Interfund Loan for Karl Grosch Field Replacement ...page 77 8. ORDINANCES First Reading a. Council Bill#674/Vacate a Portion of S 336th Street ...page 82 AN ORDINANCE of the City of Federal Way,Washington,relating to vacating a portion of South 336th Street located on the South side of 13 Ave South, west of 13th Avenue South, adjacent to Lot 1 BLA 201409159000251 at Federal Way. b. Council Bill#675/ Proposed Code Amendment Related to the Regulation of Adult Family Homes Under FWRC 19.105.080 ...page 90 AN ORDINANCE of the City of Federal Way, Washington, relating to the regulation of Adult Family Homes; amending FWRC 19.105.080 (Amending Ordinance No. 09-605) c. Council Bill#676/Christian Faith Center Franchise Extension ...page 97 AN ORDINANCE of the City of Federal Way, Washington, extending the term of the Franchise Agreement Established in Ordinance 05-489 and Granting Christian Faith Center Nonexclusive Rights to Occupy Rights-of-Way of the City of Federal Way,within the specified Franchise Area for Purposes of Construction, Maintaining, Repairing, Operating,and Removing Cable,Voice, Data,Mechanical and Fire Alarm Conduits within and through certain Rights-of-Way and Streets within the City of Federal Way.(Amending Ordinance No. 05-489) The Council may add items and take action on items not listed on the agenda. AMENDED AGENDA ...page 125 d. Council Bill #677/Twin Lakes Golf and Country Club Franchise Extension AN ORDINANCE of the City of Federal Way, Washington, extending the term of the Franchise Agreement established in Ordinance 05-512 and granting Twin Lakes Golf and Country Club nonexclusive rights to occupy the Rights-of-Way of the City of Federal Way, within the specified Franchise Area,for purposes of maintaining, repairing,and operating an irrigation system within and through the City of Federal Way. (Amending Ordinance No. 05-512) First Reading/Enactment e. ADDED ITEM: Council Bill #678/Ordinance to Establish a Moratorium on Recreational-Marijuana Related Businesses ...page 171 AN ORDINANCE of the City of Federal Way, Washington, imposing a one-year moratorium on recreational marijuana-related businesses and other activities involved in the retail, production, and processing of recreational marijuana;establishing a work group to develop a work plan; setting time frame for a public hearing; and authorizing a public vote at the November general election. Second Reading/Enactment ...page 181 f. Council Bill #672/Ordinance to Ban Recreational Marijuana Related Business AN ORDINANCE of the City of Federal Way, Washington, relating to prohibiting all recreational marijuana-related businesses including retail, production, and processing. 9. COUNCIL REPORTS 10. EXECUTIVE SESSION • Property Acquisition Pursuant to RCW 42.30.110(1)(b) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. o Psr etrl��c ♦a MrxvH`sary t9gO�y CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall April 21, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Ceremonial Swearing In of Police Officers b. Recognition of South King Fire & Rescue Assistant Fire Chief Gordon Olson c. Sound Transit Update/Publication of Draft EIS -Cathal Ridge d. Federal Way Veterans Center/April Sexual Assault Awareness Month e. Mayor's Emerging Issues and Report • City's New Entry Sign on S. 320th Street-Marwan Salloum, PW Director • RFQ/RFP Update for TC3-Tim Johnson, Economic Development Director • Update on Montevista Short Plat-Michael Morales, Community Dev Director • Neighborhood Connection Meeting-April 23 Adelaide Elem 6:00 pm • State of the County Address-April 27- 11:30 am Federal Way Community Center • Farmer's Market Opening-May 9 • Touch-a-Truck Event-May 16 -John Hutton, Parks Director • Community Center Update-Doug Nelson, Recreation Manager 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval;all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: April 7, 2015 Regular and Special Meeting Minutes ...page 4 b. S. 324th Street (Pacific Highway South to S. 322nd Street) Preservation Project-85% Design Status Report and Authorization to Bid ...page 13 c. S. 288th Street (Military Road to City Limit) Preservation Project-85% Design Status The Council may add items and take action on items not listed on the agenda. Report and Authorization to Bid ...page 15 d. Pacific Highway South HOV Lanes Phase V Project (S. 340th Street to S. 359th Street) —85% Status Report ...page 17 e. 20th Avenue South Name Change—"Pete von Reichbauer Way" ...page 20 f. DDA Interlocal Contract— Respite & Individual and Family Services ...page 22 g. Washington Traffic Safety Commission (WTSC) Memorandum of Understanding for Distracted Driving ...page 52 h. Application for Ballistic Vest Partnership (BVP) Grant ...page 62 i. 85% Design Approval and Permission to Begin Bid Process on Town Square Park ...page 64 6. PUBLIC HEARING a. Medical Marijuana Moratorium per Ordinance#15-787 ...page 65 • Staff Report • Citizen Comment • Council Discussion/Questions 7. COUNCIL BUSINESS a. Karl Grosch Field Replacement ...page 71 b. Re-Appointment to Parks and Recreation Commission ...page 73 8. ORDINANCES First Reading a. Council Bill #674/Vacate a Portion of S 336th Street ...page 74 AN ORDINANCE of the City of Federal Way,Washington,relating to vacating a portion of South 336th Street located on the South side of 13 Ave South, west of 13th Avenue South, adjacent to Lot 1 BLA 201409159000251 at Federal Way. b. Council Bill #675/ Proposed Code Amendment Related to the Regulation of Adult Family Homes Under FWRC 19.105.080 ...page 82 AN ORDINANCE of the City of Federal Way, Washington, relating to the regulation of Adult Family Homes; amending FWRC 19.105.080 (Amending Ordinance No. 09-605) c. Council Bill#676/Christian Faith Center Franchise Extension ...page 89 AN ORDINANCE of the City of Federal Way, Washington, extending the term of the Franchise Agreement Established in Ordinance 05-489 and Granting Christian Faith Center Nonexclusive Rights to Occupy Rights-of-Way of the City of Federal Way,within the specified Franchise Area for Purposes of Construction, Maintaining, Repairing, Operating,and Removing Cable,Voice, Data,Mechanical and Fire Alarm Conduits within and through certain Rights-of-Way and Streets within the City of Federal Way.(Amending Ordinance No. 05-489) d. Council Bill#677/Twin Lakes Golf and Country Club Franchise Extension ...page 117 AN ORDINANCE of the City of Federal Way, Washington, extending the term of the Franchise Agreement established in Ordinance 05-512 and granting Twin Lakes Golf and Country Club nonexclusive rights to occupy the Rights-of-Way of the City of Federal Way, within the specified Franchise Area,for purposes of maintaining,repairing,and operating an irrigation system within and through the City of Federal Way. (Amending Ordinance No. 05-512) The Council may add items and take action on items not listed on the agenda. Second Reading/Enactment e. Council Bill #672/Ordinance to Ban Recreational Marijuana Related Business AN ORDINANCE of the City of Federal Way, Washington, relating to prohibiting all recreational marijuana-related businesses including retail, production, and processing. ...page 163 9. COUNCIL REPORTS 10. EXECUTIVE SESSION • Property Acquisition Pursuant to RCW 42.30.110(1)(b) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: April 21,2015 ITEM#: 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 April 7,2015 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, City Clerk DEPT: Mayor's Office Attachments: Draft minutes from the April 7,2015 Regular and Special City Council Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council In 'al N/A N/A CHIEF OF STAFF: Committee Council 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 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—10/01/2014 RESOLUTION# °RAFT OJ���T BU�- . Way the." c Iil, y 7990-2O CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall April 7, 2015 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at the hour of 5:36 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, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Amy Jo Pearsall and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE City Attorney Amy Jo Pearsall led the flag salute. 3. COMMITTEE TO END HOMELESSNESS STRATEGIC PLAN 2015-2018 Community Services Manager Jeff Watson reported the Committee to End Homelessness was created in 2005 and was tasked with ending homelessness in 10 years. Now in 2015 the Committee is developing a new plan and approach. He introduced Mark Putnam, Director of the Committee to End Homelessness in King County. Mr. Putnam reviewed the successes and ongoing challenges with the original 10-year plan. Successes included: • 5,700 more housing units dedicated for homeless • 36,000 individuals exited homelessness • System targeting improvements • Strong programs and new funding sources • Data improvements Ongoing challenges include: • Growing number of people becoming homeless • Funding/program misalignment with needs and strengths • System accountability • Engaging full community He reported the 2015-2018 CEH Strategic Plan outlines their vision"Rare, Brief, and One-Time."To Federal Way City Council Special Minutes Page 1 of 2 April 7, 2015 achieve this vision outcomes have been determined to include fewer homeless; more housed;fewer days; fewer returns; reduced disparity; and increased support. The goals and strategy for achieving the vision for all populations include: Goal 1: RARE: Address the cause of homelessness; Goal 2: BRIEF, ONE-TIME: Improve and expand existing programs and processes; and Goal 3: COMMUNITY: Engage the entire Community to End Homelessness. Mr. Putnam further elaborated on each goal with key strategies and ways of accountability. He feels homelessness is solvable and will take prevention and diversion; realignment of funding and programs; more housing and restored safety net, and engagement and accountability. No citizen comment was 9 iven. Councilmember thanked Mr. Putnam for the informative presentation and asked various clarifying questions. 4. BRIEFING — WATER RESOURCE INVENTORY AREA 9 (WRIA 9) Doug Osterman,AICP Watershed Coordinator began his presentation with a brief video which relates to the water we use as Puget Sound residents and its importance to daily living. He noted the WRIA 9 consists of 17 jurisdictions which all have a seat at the table regarding the Green/Duwamish and Central Puget Sound Watershed. The initial plan was ratified in 2005 by the city, and the Puget Sound Salmon Recovery Plan was adopted by the Federal Government in 2007. The Interlocal agreement between the 17 local jurisdictions is unique in that it gives each jurisdiction equal representation which fosters strong regional collaboration and governance. He added the Interlocal would be coming forward to be renewed in the near future. No citizen comment was given. Councilmembers thanked Mr. Osterman for the presentation and asked various questions including the status and representation on WRIA 10 which includes the Hylebos Wetlands. 5. EXECUTIVE SESSION At 6:46 pm, Mayor Ferrell announced the Council would be recessing into Executive Session for the purpose of discussing Potential Litigation pursuant to RCW 42.30.110(1)(i). • Potential Litigation pursuant to RCW 42.30.110(1)(i) 6. ADJOURNMENT Council returned to Chambers and the Special Meeting was adjourned at 7:00 pm. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 April 7, 2015 �oJ�ep5T,B(g40;\ 25th m; Mnir..s.ry • .0 7 -A29bR4FT CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall April 7, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 7:10 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, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Amy Jo Pearsall and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the flag salute. 3. PRESENTATIONS a. Certificate of Recognition to Credit Union National Association (CUNA) Board Chairwoman Susan M. Streifel Mayor Ferrell was pleased to honor a true friend of Federal Way, Ms. Susan Streifel, CEO of Woodstone Credit Union. He noted Ms.Streifel was recently elected as the Board Chairwoman for the Credit Union National Association(CUNA)which represents nearly 7,000 credit unions and more than 100 million members. Her experience and dedication has greatly influenced our community. Ms. Streifel thanked the Mayor and Council for the honor this evening,which falls on the same day in 1996 as her start date with Woodstone in Federal Way. She is humbled and honored for being recognized by the community she considers her home away from home. She loves Federal Way and is committed to help with moving this community forward. b. Briefing by Former Federal Way Mayor Mike Park Former Mayor Mike Park was pleased to report back to the Mayor and Council about support he has received from multiple agencies for the US Korean Amity Park. He distributed a packet of information including a timeline and letters of support from the State Department of Veterans Affairs, US House of Representative Adam Smith, State Senator Tracey Eide, Representatives Linda Kochmar and Roger Freeman, King County Councilmember Pete von Reichbauer, Mayor Ferrell,and US Army(Ret)Major General John A. Hemphill. He noted in September 2014 the garden was officially christened "US Federal Way City Council Regular Minutes Page 1 of 6 April 7, 2015 Korea Amity Park". Mr. Park noted they are seeking a budget of 3 million dollars from sources including South Korea, United States public sectors, and private donations and sponsorships. Mayor Park further concluded his update with a brief report on his visit to Shantou,China. He added a delegation from Shantou recently visited City Hall and was very impressed by the reception they received. Councilmembers thanked Mr. Park for the update and his work on the US Korean Amity Park. They collectively noted enthusiasm for seeing this park come to fruition. c. Mayor's Emerging Issues and Report • State of the City Report Mayor Ferrell reported on the recent State of the City Address held at the Twin Lakes Golf and Country Club he was able to update citizens on the many exciting projects staff are working towards in the downtown Town Center. He noted the speech will be played on New Day Federal Way on Channel 21. • Business Connection Meeting Report (March 24th) He reported on the first Business Connection which was held on March 24th which was held in a downtown hotel and he was able to brief business owners on what is happening downtown. He thanked the Councilmembers for attending. • Neighborhood Connection —April 23rd 6:00 p.m. Adelaide Elementary First meeting of the year will be Thursday, April 231d at 6:00 pm at Adelaide Elementary school. Key components of these meetings are to follow-up with neighborhoods and a great opportunity to hear from citizens. Reports on crime, graffiti, and traffic are all discussed. • Police/Fire Basketball Game Recap Parks Director John Hutton noted it was a tremendous event which was well attended.The game was moved from Decatur High School to the Community Center and more than doubled the turnout and fundraising. The game was very competitive and came down to the last shot of the game;the Police won by 2 points. Mc Gruff the Crime Dog and the Easter Bunny were on hand for the children. All funds raised are split three ways between the Lions Club; the Fire Department Charity; and a Police Department Charity. He presented the trophy to Police Chief Andy Hwang. Mr. Hutton also thanked the Community Center staff for their outstanding coordination for the event. • Welcome New Community Development Director Michael Morales Mayor Ferrell announced and welcomed new Community Development Director Michael Morales. He thanked the Mayor and Council and noted he is excited each day as he learns new things about Federal Way, and the wonderful staff. 4. CITIZEN COMMENT Mark Grotefend Federal Way resident since 1999 has raised 4 children in Federal Way and Federal Way City Council Regular Minutes Page 2 of 6 April 7, 2015 encourages the Council to ban the zoning for retail marijuana in the city. Larry Woodini reported he has recently met with the new Performing Arts and Conference Center Director Theresa Yvonne and has discussed some issues with the design of the PACC he feels needs to be addressed. Steven Salter, property owner/neighbor of area proposed as a short plat of Montevista. He distributed a letter with pictures outlining his concerns with the development. Concerns included road improvements; neighborhood impacts, storm water pond design and easement relinquishment. Mayor Ferrell asked staff to give Council an update at the next regular meeting. Richard Champion, spoke in opposition to the proposed ban or moratorium on retail marijuana. He asked Council to listen to the populous and the 53% approval of 1-502; and allow recreational marijuana in Federal Way. Councilmember Maloney noted 1-502 specifically allows for possession and use of marijuana however does not speak to the requirement of jurisdictions to zone for retail stores. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: March 17, 2015 Regular and Special Meeting Minutes b. Monthly Financial Report—January/February 2015 c. Vouchers— February 2015 d. Dumas Bay Centre/Knutzen Family Theatre Re-Carpeting DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT AGENDA ITEMS A THROUGH D AS PRESENTED; COUNCILMEMBER MOORE 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 6. ORDINANCES First Reading: a. Council Bill#672/Ordinance to Ban Recreational Marijuana Related Businesses An ORDINANCE, of the City of Federal Way, Washington, relating to prohibiting all recreational marijuana-related businesses including retail, production, and processing. Senior Planner Stacey Welsh gave a brief PowerPoint presentation on the background of Council Bill #672 and Council Bill#673 with the action taken to date and options which are available for Council. Federal Way City Council Regular Minutes Page 3 of 6 April 7, 2015 Mayor Ferrell stated his recommendation is to allow the zoning; however at the last Council Meeting the Council did not move forward Council Bill #670 which would allow for Marijuana-Related businesses to be zoned in the city. He noted Council consensus was to bring for the two options for tonight's meeting. City Clerk Stephanie Courtney read into the record Council Bill#672 Ordinance Title. Councilmembers briefly restated their positions on this item. COUNCILMEMBER CELSKI MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE APRIL 21ST COUNCIL MEETING FOR ENACTMENT; COUNCILMEMBER MALONEY SECOND. The main motion passed 5-2 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duc/os no Councilmember Honda no First Reading/Enactment* b. Council Bill #67-3/0r-el-inancc Establishing a Moratorium on Recreational Marijuana Related Businc"scs in the retail, production, and-processing of recreational marijuana; establishing a work *Council will consider Item 6(b) only if Item 6(a) does not move forward. No action was taken on Agenda Item 6b. 7. COUNCIL REPORTS Councilmember Assefa-Dawson reported on her attendance at various regional meetings including participating in the selection of the new School Superintendent. She attended and thanked the Mayor for the State of the City Address;which was both exciting and informative. She attended the FW Link Extension tour and gained valuable information on the project. She attended along with many Councilmembers the Municipal League of Cities event which honored King County Councilmember Pete von Reichbauer. She thanked staff and Mr. Putnam for the presentation on the Committee to End Homelessness. Councilmember Maloney was pleased to report on many meetings she has attended including the first Business Connection Meeting and the State of the City Address where the Mayor did a great job expressing all the exciting things happening in the city. She was also honored to attend the event for County Councilmember Pete von Reichbauer. She thanked the Police Department and staff for the Police/Fire Basketball game which was a fun event. She is reaching out to citizens through her Facebook and engaging with the community. Federal Way City Council Regular Minutes Page 4 of 6 April 7, 2015 Councilmember Honda reported on the Adelaide playground equipment meeting; she encouraged neighbors to attend the April 23rd Neighborhood Connections meeting to give feedback on the neighborhood park. She reported on the upcoming Recycling event on April 18th at Wild Waves from 9am—3pm. She noted the city is also hosting Green Living Workshops and encourages citizens to participate in these informative sessions. She attended the Korean Community Meeting and heard great feedback and questions regarding the red-light cameras.She enjoyed the Police/Fire Basketball game and noted the next meeting of the Parks/Recreation/Human Services/Public Safety Committee will be Tuesday, April 14th at 5pm. Councilmember Celski gave kudos to Mayor Ferrell for his State of the City Address; he noted it was inspirational and covered history and current projects the city is working on. He was also pleased with the success of the Lions Club Police vs Fire Basketball Game which drew a large crowd and was not only fun, but had an increase in the fundraising returns; he thanked the staff and volunteers who worked to make it so successful. He encouraged anyone looking for a facility to check out the Community Center, he noted it is a great venue and has attended many events there. Councilmember Moore attended the City Vision meeting which was a powerful meeting which made him proud of the caring community we live in. He also met with Sound Transit to be briefed on issues and learned a lot. He met with Greg Vicars and discussed the Day Center, and is proud of the work the city is doing; he noted the Chief of Staff is working hard on reaching out to those in the community to develop a results driven plan. He also attended the Municipal League awards and was proud to see King County Councilmember Pete von Reichbauer who received the elected official of the year. He also met with staff to discuss the PACC project and would like to see local labor and jobs for this project. Councilmember Duclos noted she attended the Solid Waste Management Advisory Committee on March 13th; each signatory city will be asked for input on a budget proviso. She attended the Quarterly Meeting of the Korean Community meeting which was very informative and she is proud to see such an active and knowledgeable community who are very involved. She also took the Federal Way Transit Tour and viewed both options. She noted it was very informative and now better understands the options and still believes the first option is preferred.She attended the Municipal League honoring King County Councilmember Pete von Reichbauer; and attended the Police and Fire basketball game which was a great event. Deputy Mayor Burbidge reported the next meeting of the Lodging Tax Advisory Committee is tomorrow at 8am. She attended the tours held by Sound Transit on the link light rail,which was very informative and she very much appreciates their efforts to keep Council informed. She testified in Olympia on behalf of the Tourism Promotion Area and local hoteliers; as well as testifying for the transportation package and triangle project. She was pleased to attend the government relations meeting at the Chamber; and kudos to the Mayor on the well-received State of the City Address. She had a wonderful time at the Police/Fire Basketball event put on by the Lions Club.She reported on the final concert of the season for the Federal Way Symphony Sunday May 3rd; and reported on a upcoming barbershop quartet competition at Our Savior's Baptist Church. 8. EXECUTIVE SESSION • Potential Litigation pursuant to RCW 42.30.110(1)(i) The Council did not adjourn to Executive Session. Federal Way City Council Regular Minutes Page 5 of 6 April 7, 2015 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular meeting at 8:37 p.m. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 April 7, 2015 COUNCIL MEETING DATE: April 21,2015 ITEM#: 56 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project— 85% Design Status Report and Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to bid the S 324th Street(Pacific Highway South to S 322nd Street)Preservation Project and return to the LUTC and Council for bid award,further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE:April 6,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Jeff Huynh, Street Systems Engineer DEPT: Public Works .. .. .. Attachments: Land Use and Transportation Committee memorandum dated April 6, 2015. Options Considered: 1. Authorize staff to bid the S 324th Street(Pacific Highway South to S 322nd Street)Preservation Project and return to the LUTC and Council to award the project to the lowest responsive,responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Apii 21, 2015 City Council Consent Agenda for appro . MAYOR APPROVAL: 41111P13 ,,c. • gJ$ DIRECTOR APPROVA ommitte /o. � e!S � Date Initial/Date Initia *ate CHIEF OF STAFF: wt'VI ,� 1' Co ee Co it Init. /Date Init /Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2015 City Council consent agenda for ap.roval. eomp / / / / / 4 Bob Ce1ski,Chair Kell , aloney,Member dia Asse /Dawson,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the S 324"'Street(Pacifi Highway South to S 322nd Street) Preservation Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder." (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:\council\agdbills\2015\04-21-15 S 324th Street(Pacific Highway South to 5322nd Street)Preservation Project—85%Design Status Report CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2015 TO: Land Use and Transportation Committee r VIA: Jim Ferrell,Mayor t r FROM Marwan Salloum,P.E.,Public Works Director Huynh, Street Systems Engineer` SUBJECT: S 324th Street(Pacific Highway South S 322nd Street)Preservation Project—85%Design Status Report and Authorization to Bid BACKGROUND: Under the PSRC Countywide Preservation Competition in 2014, the City was awarded Grant funding for the overlay and ADA retrofit of S 324th Street between Pacific Highway South and S 322nd Street. The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 85%complete,which includes the following completed tasks: • Preliminary Contract Specifications • Project Design to 85% • Environmental Documentation Submittal Ongoing Tasks Include: • Project Design to 100% • Environmental Documentation Approval • Construction Funds Obligation PROJECT ESTIMATED EXPENDITURES: Design(In-house Design) $100,000 Right-Of-Way Acquisition N/A 2015 Construction Cost Est. $675,000 5%Construction Contingency $33,750 Project Management(In-house Design) $56,000 TOTAL PROJECT COSTS $864,750 PROJECT AVAILABLE FUNDING: PSRC Grant Funding(Federal) $600,000 City Funding $271,000 TOTAL AVAILABLE BUDGET $871,000 The project is within available budget and staff anticipates bidding the project in June 2015. Construction is anticipated to commence in August 2015 with an estimated substantial completion date in October 2015. COUNCIL MEETING DATE: April 21,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 288th Street (Military Road to City Limit) Preservation Project — 85% Design Status Report and Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to bid the S 288th Street (Military Road to City Limit) Preservation Project and return to the LUTC and Council for bid award,further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE:April 6,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT: Public Works STAFF REPORT BY:Jeff Huynh, Street Systems Engineer -' Attachments: Land Use and Transportation Committee memorandum dated April 6,2015. Options Considered: 1. Authorize staff to bid the S 288th Street(Military Road to City Limit)Preservation Project and return to the LUTC and Council to award the project to the lowest responsive,responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April : , 2015 City Council Consent Agenda for appr• .1. MAYOR APPROVAL: 3 Ay/ DIRECTOR APPROVAL: r' P. Co 'tt-, Council Initia e Initial/Date CHIEF OF STAFF: Lh'l I t /'S ',.(1 C. S'S,'ee Counci I iai/late Initial/.-t- COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2015 City Council consent agenda for approval. de irk ms eLI!' a. .- .1 4► Bob Celski, Chair K-. y Maloney, Meml y.is Assefa-ywson,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the S 28: Street (M1 tary Road to City Limit)Preservation Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. " (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:\council\agdbills\2015\04-21-15 5288th Street(Military Road to City Limit)Preservation Project 85%Status Reprt.doc CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM• Marwan Salloum,P.E.,Public Works Di ector Jeff Huynh, Street Systems Engineer tt SUBJECT: S 288`h Street(Military Road to City Limit)Preservation Project—85%Design Status Report and Authorization to Bid BACKGROUND: Under the PSRC Countywide Preservation Competition in 2014, the City was awarded Grant funding for the overlay and ADA retrofit of S 288th Street between Military Road to the east City Limit. The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 85%complete,which includes the following completed tasks: • Preliminary Contract Specifications • Project Design to 85% • Environmental Documentation Submittal Ongoing Tasks Include: • Project Design to 100% • Environmental Documentation Approval • Construction Fund Obligation PROJECT ESTIMATED EXPENDITURES: Design(In-house Design) $100,000 Right-Of-Way Acquisition N/A • 2015 Construction Cost Est. $470,000 5%Construction Contingency $23,500 Project Management(In-house Design) $42,000 TOTAL PROJECT COSTS $635,500 PROJECT AVAILABLE FUNDING: PSRC Grant Funding(Federal) $500,000 City Funding $137,000 TOTAL AVAILABLE BUDGET $637,000 The project is within available budget and staff anticipates bidding the project in June 2015. Construction is anticipated to commence in August 2015 with an estimated substantial completion date in October 2015. COUNCIL MEETING DATE: April 21,2015 ITEM#: S CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:Pacific Highway South HOV Lanes Phase V(S 340th St to S 359th St)Project-85%Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase V Project and return to the Council at the 100%design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE:April 6,2015 CATEGORY: • Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other � . DEPT: Public Works STAFF REPORT BY: John Mulkey,P.E., Street Systems Manager A ......................................................................................................................................................................................................................_.................................. Attachments: Land Use and Transportation Committee memorandum dated April 6,2015. Options Considered: 1) Authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase V- S340th St to S 359th Street widening improvement project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. Also, authorize the transfer of$500,000 from the SWM Capital Improvements Fund project#304-3100-273 to this project 2) Do not authorize staff to proceed with the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the A. 21, 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: 3 3 pq DIRECTOR APPROVAL: �� o ee C6uncil /c . 1 'nee CHIEF OF STAFF: 4.4/14V . r ,C1,6 Fa '. ee Cou cil COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2015 City Council consent agenda for approval. Me1il►::■ I. a'., off, •.,_ O- __�. Bob Celski, Chair Kel Maloney,Memb r dia Assefa #wson,Member PROPOSED COUNCIL MOTION: "I move to direct staff to proceed with design o the Pacific 'iighway South HOV Lanes Phase V-5340th St to South 359`/`Street widening improvement project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization Also, authorize the transfer of$500,000 from the SWM Capital Improvements Fund project#304-3100-273 to this project." (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: April 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Farrell,Mayor FROM• Marwan Salloum,P.E.,Public Works Director John Mulkey,P.E., Interim Street Systems Manager ��"1 SUBJECT: Pacific Highway South HOV Lanes Phase V Project; (S340th Street to S 359`h Street) -85%Status Report BACKGROUND: The Pacific Highway South HOV Lanes Phase V (South 340th Street to S 359th Street) Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. In an effort to reduce costs and public disruption,the following planned projects will be incorporated into the design and will be constructed as part of this project: • Lakehaven Utility District Water and Sewer Utility Relocation and Adjustment • Surface Water System Relocation and Upgrade • Utility Underground Conversion within Project Limits(PSE, CenturyLink, Comcast, and Zayo) The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • The Topographical Surveys • Project Design to 85% • NEPA and Biological Assessment Documentations Approval • The Geotechnical Investigation • NEPA and Biological Assessment Documentations Approval • Channelization Plans Submittal and Approval by WSDOT • The Environmental Site Assessment(ESA)Phase I • First Open House for the Project was held in January, 2015 • Right of Way Requirements (ROW plan preparation, Property Appraisals & Review Appraisals) Ongoing Tasks Include: • Environmental Site Assessment (ESA) Phase II If needed • Driveway Consolidation Studies • Right of Way Negotiation,and Acquisition • Project Design to 100% PROJECT EXPENDITURES: Planning and Design $2,000,000 Right of Way Acquisition 2,600,000 Year 2015 Construction 15,600,000 10%Construction Contingency 1,560,000 Construction Management(12.5%) 1,950,000 Underground Conversion(PSE) 500,000 TOTAL PROJECT COSTS $24,210,000 AVAILABLE FUNDING: Total Grant Funding Authorized (PSRC County wide) $2,639,331 (Federal) Total Grant Funding Authorized 2016 (PSRC Regional) $7,000,000 (Federal) Total Grant Funding Anticipated (Ti) $5,000,000 (State) Budgeted City Fund(Year 2013) $2,000,000 Budgeted City Fund(Year 2015) $1,613,000 Budgeted City Fund(Year 2016) $1,613,000 Surface Water Fund(Year 2015) $500,000 Surface Water Fund(Year 2016) $715,000 Lakehaven Utility District 1,347,500 Centurylink 132,300 Comcast 90,000 ZAYO 90,000 Impact Fee $62,264 Interest Earnings $2,293 TOTAL AVAILABLE BUDGET $22,804,688 The project budget is presented only for your information and tracking purposes. As we proceed with the project design and right of way acquisitions process, the total project costs including anticipated cost escalation for project construction in 2016 will be refined and presented to the Committee and Council at the 100%design completion status report for further action. cc: Project File Day File COUNCIL MEETING DATE: April 21, 2015 ITEM#: e! CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:20th Avenue S Street Name Change POLICY QUESTION: Should the Council authorize staff to proceed with renaming 20th Avenue S? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2015 CATEGORY: • Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez,P.E.,City Traffic Engineer ir DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 6, 2015. Options Considered: 1) Authorize staff to proceed with renaming 20th Avenue S between S 312th Street to S 320th Street to Pete von Reichbauer Way S; 2) Do not authorize staff to proceed with the renaming and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Aprig21, 2015 City Council Consent Agenda for appr 1. MAYOR APPROVAL: /�� 47,75 DIRECTOR APPROV : Comm�ttee Council r !r CHIEF OF STAFF: j�.1,,1 ir.^-� Co .mj e Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2015 City Council consent agenda for approval. CAM,.n \ Bob Celski, Chair Kell alone , Membe t/ LA is Assefa-t.A son, Member PROPOSED COUNCIL MOTION: "I move to direct staff to proceed with renami!20th Avenue !between S 312th Street and S 320t Street to Pete von Reichbauer Way 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: April 6,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Rick Perez,P.E.,City Traffic Engineer 4 SUBJECT: 20th Avenue South Street Name Change. BACKGROUND The Mayor has requested that the street name of 20th Avenue S between S 320th Street and S 312th Street be changed to Pete von Reichbauer Way S. The purpose of the name change is to honor King County Councilmember Pete von Reichbauer for his many contributions to the City of Federal Way which he has represented for more than four decades as a State Senator and King County Councilmember. The timing of the naming will complement the celebration of the 25th anniversary of the incorporation of the City of Federal Way. The Mayor is requesting approval of the street name change to Pete von Reichbauer Way South and approval to purchase and install new street signs. A total of 8 signs will be installed to replace the existing signs on 20th Avenue South between S 320th Street and S 312th Street. King County will fabricate and install the signs by June 15, 2015 in order to be in place for the City's 25t Anniversary celebration on June 18th-21St, 2015. Estimated cost to fabricate and install these signs is$4000. ete von eic aue y r S Cc: Day File COUNCIL MEETING DATE: April 21,2015 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:DDA INTERLOCAL CONTRACT-RESPITE& INDIVIDUAL AND FAMILY SERVICES POLICY QUESTION: Should the city enter into an Interlocal Agreement with the Department of Social and Health Services(DSHS) Division of Disabilities Administration (DDA)for funding recreation services for individuals with disabilities. COMMITTEE: PRHSPS MEETING DATE: April 14, 2015 CATEGORY: ® Consent n Ordinance ❑ Public Hearing ❑ City Council Business n Resolution ❑ Other STAFF REPORT BY: Kevin Hutchinson, Inclusion Coordinator DEPT: PRCS Attachments: Respite Contract Individual & Family Services Contract Options Considered: 1. Authorize the City to enter into an Interlocal agreement with DSHS — DDA to provide respite care opportunities through our Inclusive Recreation programs to individuals with disabilities. 2. Do not authorize the City to enter into an Interlocal Agreement with Department of Disabilities Administration, and provide direction to staff. MAYOR'S RECOMMENDA IN: Option#1 MAYOR APPROVAL: _ J /3 DIRECTOR APPROVAL: 3/y,3A,�' Committ e ciI is Initial/Date Initial/Date nitial/D. �f CHIEF OF STAFF: ,41 f j/�tf,, �. L��;,f Co #'j t-;. '° Cou I. ial/late Initia/Date COMMITTEE RECOMMENDATION: I move to forward the authorization for the city to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation services to individuals with disabilities to the All Council April 21, 2015 consent agenda for approval. 1 Committee Chair Committee Member Committee ember PROPOSED COUNCIL MOTION: PROPOSED COUNCIL MOTION: "I move approval to authorize the city to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities Administration to provide respite care opportunities through recreation services to individuals with disabilities'' (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COI!NCII.ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# • . 1 INTERLOCAL AGREEMENT DSHS Agreement Number: 1564-35003 *SOCV21/11FHEPAZT8FH Community Settings Respite Care ERICS (excluding IFS Program Participants) This Agreement is by and between the State of Washington Department Program Contract Number: of Social and Health Services (DSHS) and the Contractor identified Contractor Contract Number: below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. CONTRACTOR NAME CONTRACTOR doing business as(DBA) City of Federal Way FEDERAL WAY CITY OF-01 CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER(UBI) 33325 8th Ave S Federal Way,WA 98063-9718 70364 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Kevin Hutchinson 253 ( ) 835-6927 (253)835-6929 kevin.hutchinson @cityoffede ralway.com DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Developmental Disabilities Division of Developmental Disabilities 1803LP-64 p p Admin DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Nancy Santome 1700 E Cherry ST Program Specialist 11 Seattle,WA 98122 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS santonk @dshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 04/01/2015 03/31/2019 $0.00 EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: /1 Exhibits(specify): Exhibit A-Rate Table El No Exhibits. The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous.agreements,writings, and communications,oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be binding on DSHS only upon signature by DSHS, CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED John Cordy, DSHS DDA Business Manager DSHS Central Contract Services 1803LP DDD Respite in Community Settings(5-6-11) Page 1 DSHS General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: , a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information" or"Data" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. c. "Contract" or"Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "Contracts Administrator" means the manager, or successor, of Central Contract Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" !- includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and its employees and authorized agents. h. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a "key"; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 128 bits. i. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. j. "Physically Secure" means that access is restricted through physical means to authorized individuals only. • k. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. I. "RCW" means the Revised Code of Washington.All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. m. "Regulation" means any federal, state, or local regulation, rule, or ordinance. DSHS Central Contract Services 1803LP DDD Respite in Community Settings(5-6-11) Page 2 9 DSHS General Terms and Conditions n. "Secured Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers(such as a filing cabinet)within a room, as long as access to the Confidential Information is not available to unauthorized personnel. o. "Subcontract" means any separate agreement Or:contract between the Contractor and an individual or entity ("Subcontractor")to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. p. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. q. "Trusted Systems" include only the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS")first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL)which offer tracking and receipt confirmation; and (4)the Washington State Campus mail system. For electronic transmission,the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/. 2. Amendment.This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties.may:,sign an amendment. 3. Assignment. The Contractor shall not assign this ontract or any Program Agreement to a third party without the prior written consent of DSHS: 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law.At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. 6. Confidentiality. • a. The Contractor shall not use, publish, transfer;'sell or otherwise disclose any Confidential Information gained by reason of this Contract fOr any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: DSHS Central Contract Services 1803LP DDD Respite In Community Settings(5-641) Page 3 1 DSHS General Terms and Conditions (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person or personal representative of the person who is the subject of the Personal Information. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. (2) Physically Securing any computers, documents, or other media containing the Confidential Information. (3) Ensure the security of Confidential Information transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons. (b) Communicating with the intended recipient before transmission to ensure that the fax will be - received only by an authorized person. (c) Verifying after transmittal that the fax was received by the intended recipient. (4) When transporting six (6) or more records containing Confidential Information, outside a Secured Area, do one or more of the following as appropriate: • (a) Use a Trusted System. (b) Encrypt the Confidential Information, including: i. Encrypting email and/or email attachments which contain the Confidential Information. ii. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop 85:;inputers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this item, 6.b.(4), is superseded by the language contained in the Exhibit (5) Send paper documents containing Confidential Information via a Trusted System. • (6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential Information shall be returned to DSHS or Contractor shall certify in writing that they employed a it DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract. d. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected, and DSFIS Central Contract Services 1803LP DDD Respite in Community Settings(5-6-11) Page 4 ; is DSHS General Terms'and Conditions • the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed on-site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Debarment Certification.The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The • Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. Governing Law and Venue.This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 9. Independent Contractor.The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 10. Inspection.The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 11. Maintenance of Records.The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices,which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6)years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six (6)year period,the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms.and Conditions.Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. 13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the DSHS Central Contract Services 1803LP DDD Respite in Community Settings(5-6-11) Page 5 • DSHS General Terms and Conditions Contract remains valid and in full force and effect. 14. Survivability.The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survivethe expiration or termination of the particular agreement shall survive. Surviving terms include; but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold'Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 15. Contract Renegotiation, Suspension, or Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement: a. At DSHS's discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions. b. DSHS's discretion, DSHS may give notice to Contractor to suspend performance when DSHS determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this contract. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the ppt ntial for resumption of performance. (2) When DSHS determines that the funding,insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, "written notice"may include email. (3) If the Contractor's proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised. 16. Waiver.Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the DSHS ContractsrAdministfator or designee has the authority to waive any term or condition of this Contract on bel'ialfi of DSHS. Additional General Terms and Conditions—Interlocal Agreements: 17. Disputes. Disputes shall be determined.by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an DSHS Central Contract Services • 1803LP DOD Respite in Community Settings(5-6-11) Page 6 DSHS General Terms and Conditions additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms, and applicable statutes and rules and make a determination of the dispute. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process shall control. Participation in either dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. 18. Hold Harmless. a. The Contractor shall be responsible for and'shall,hold DSIIS harmless from all claims, loss, liability, damages, or fines arising out of or relating to t!7`e Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any - Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 19. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be"work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents;films; pamphlets; reports; sound reproductions; studies; surveys; tapes;and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not"work made for hire"; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 20. Subrecipients. a. General. If the Contractor is a subrecipient of.foderal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA)title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget(OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe•streets Act of 1968, Title VI of the Civil Rights DSHS Central Contract Services • 1803LP DDD Respite In Community Settings(5-6-11) Page 7 • DSHS General Terms and Conditions Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts G.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.olp.usdoj.gov/ocr/for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. if the Contractor is a subrecipient and expends$750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit,the Contractor shall: (1) Submit to the DSHS contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action fir:alVaudit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200. 21. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs inpuneci in accordance with the terms of this Agreement and prior to the effective date of termination. . :. 22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18)with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. DSHS Central Contract Services d 1803LP ODD Respite in Community Settings(5-6-11) Page 8 • Special Terms and Conditions 23. Definitions. The words and phrases listed below,,as Used in this Contract, shall each have the following definitions: a. "Assistance" means help provide to a client for the purpose of aiding him/her in the performance of tasks. b. "Authorized" means approved by a DDD case manager/social worker as evidenced by receipt of an SSPS Social Services notice. c. "Case Resource Manager" means the DSHS or DDD worker assigned to a client and who authorized the services performed under this Contract. d. "Client" means a person whom DSHS has determined financially and programmatically eligible to receive services and for whom specific services have been authorized. e. "Community Settings" means a public place such as community center, senior center, city or county park and recreation, camps, or adult day care. Service cannot be provided in a private home. f. "DDD" means the Division of Developmental Disabilities within the DSHS Aging and Disabilities Service Administration. g. "In-home respite" means respite provided y'6.,home care agency in the client's home. Upon client or primary caregiver request, home care agency provider may bring the client into their community. h. "Individual Support Plan" or"ISP" means a written plan for long term care service delivery. The ISP identifies ways to meet the Client's needs with the most appropriate services. i. "Out-of-home respite" means respite provide out of the client's home by a licensed or certified setting j. "Personal care services" means those specific services defined in WAC 388-106 provided to DSHS clients. k. "Physical Assistance" means the provision of hands-on assistance on the performance of daily tasks or activities. I. "Primary Caregiver(s)" or"Caregiver" means the parents, legal guardians or other persons who have or assume primary responsibility for the necessary care of the client. m. "Protective Supervision" means supervision to ensure the safety and well being of a client, exclusive of those responsibilities which should be assumed by a legal guardian. n. "Provider One" means the DSHS payment syptenn:which is,scheduled to replace the current SSPS payment system about November 2012. • o. "Respite Care" means intermittent relief for persons providing care for developmentally disabled individuals on either an emergency or planned basis, p. "SSPS"means the Social Service Payment System, the service authorization and payment system used by DSHS. q. "Transportation Services" means the process of transporting a client from one location to another. • DSHS Central Contract Services 1803LP DDD Respite In Community Settings(5-6-11) Page 9 Special Terms and Conditions r. "Unusual Incidents" means a change in circumstances or events that concern a client's safety or well being. These may include, but are not limited to the following examples: an increased frequency, intensity, or duration of any medical conditions;, adverse reactions to medication, severe behavioral incidents that are unlike the client's ordinary behavior, severe injury, running away, physical or verbal abuse to themselves or others, etc. 24. Purpose. a The purpose of respite care is to provide intermittent relief for persons providing care for individuals eligible for DDD services, on either an emergency or planned basis, to assist a client to remain in the least restrictive environment. 25. Contractor Qualifications. a. The Contractor shall be licensed, registered, and certified as is required by law. b. Community settings providing respite care must meet the regulations governing their business or activity. c. Contractors offered services must be published on website and include; (1) Identified number of service hours being provided in your program/class/event including days/date and start and end time; (2) Identify activities that will occur during program/class/event; and (3) Published Fee schedule. d. The Contractor agrees to undergo a criminal'higtory background check conducted by DSHS, as required by RCW 43.20A.710. If the Contractor has employees or volunteers who will have unsupervised access to Clients in the coursebi`performing the work under this Contract,the Contractor will conduct criminal history background checks on those employees. 26. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Upon receipt of and in accordance with the provisions of a written service authorization form issued by DSHS to the Contractor shall: (1) Provide physical assistance, support and protective supervision to the client in daily routine activities and to prevent injury to him or herself and to others; (2) Obtain information about the client's identified needs and care requirements from the parent(s) or primary caregiver(s) and ensure that the client's needs are met while providing services; (3) Contact the client's parent or primary caregiver(s) if the Contractor has not heard from them within seven (7)days of the Contractor's receipt of the service authorization to make arrangements for specific dates and times of care; (4) Make arrangement with the primary provider er of assistance for emergency medical treatment should this become a necessity; (5) Ensure that the respite care is provided inthe specific Community Setting and Respite services DSHS Central Contract Services 1803LP DDD Respite in Community Settings(5-6-11) Page 10 Special Terms and Conditions provided are as authorized and outlined in the ISP. If additional hours/services are provided DSHS is not liable for payment; (6) Maintain copies of all service authorizations to provide services; and (7) Complete and maintain copies of the work verification records for all services provided. These records shall be kept on file by the Contractor for the duration of this Contract and thereafter for a period of 6 years and will be available to DSHS upon request for purposes of audit, monitoring and/or service verification. • b. The Contractor may also provide transportation to and from the respite services community resources and agencies as authorized and outlined in the ISP. c. Maintain transportation records to document,the dates, times, destinations, and distances of each Client's Transportation Services. Upon request; the Contractor shall make the records available to DSHS or DSHS/designee for review and audit.. d. Maintain sufficient vehicle and passenger insurance coverage in accordance with the requirements in this Contract. e. Operate and maintain the transportation vehicles in a manner consistent with protecting and promoting the Client's health and welfare. f. Community Settings shall provide all care that assists the client's participation in a safe manner. g. Contractor shall provide written progress reports as requested by a DDD Case Resource Manager or per other DDD written guidelines. h. Contractor shall not require client, client's guardian and/or client's legal representative to enter into any agreement releasing or limiting Contractor's legal liability for injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this contract unless contractor, at the same time, requires client, client's guardian and/or client's legal representative to release the State of Washington and all of its agencies, agents, contractors, servants and employees from liability for any acts of contractgr causing injuries arising out of premises operation, acts of independent contractors, products',cortipleticn; or personal injuries sustained due to contractor's negligence in connection with providing services under this Contract. i. Contractor shall ensure that they or their care providers possess the following minimum qualifications: (1) Be eighteen (18) years of age or older; (2) Possess the following minimum standards of knowledge and experience: (a) General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindliness and caring to the client; and (b) Knowledge of when and how to contact the client's representative and the client's case manager. (3) Adequate skills to read, either directly or through an interpreter, understand, and implement the DSHS Central Contract Services 1803LP DDD Respite In Community Settings(5-6-11) Page 11 . F Special Terms and Conditions services authorized in the plan; (4) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the client's written ISP(s) and verbal instructions; and (5) Adequate skills to maintain provider records of services performed and payments received. j. Contractor shall ensure that the care providers are able to: (1) Understand specific directions for providing the care that an individual client requires; (2) Provide services within the scope of practice for their profession/skill level; (3) Observe the client for change in health status, including weakness, confusion, and loss of appetite; (4) Identify problem situations and take appropriate action; (5) Respond to emergencies without direct supervision; and 1 (6) Accept the client's individual differences and preferences when performing routine tasks. tl k. The Contractor shall provide after-service duties, including but not limited to: (1) Satisfaction Surveys and/or follow-up contact with clients, their families, guardians or primary caregivers regarding their satisfaction with the services provided. Such surveys or follow up contact will include a process to document and report responses; (2) Investigation, documentation and resolution of all complaints or incidents regarding the service �[ provided; and (3) Periodic monitoring of service documentation records, verification of provider qualifications, and of billing and payment data in SSPS, functions and documentation need to be performed in a manner that can be proven upon inspection. The Contractor shall make available to DSHS any request for the inspection or verification of the above mentioned duties for monitoring purposes. 27. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following a. The fee for service shall not exceed the rate lisied in Exhibit A—Rate Table. b. DSHS will only reimburse the Contractor for the number of hours authorized and provided per client. c. In case of a legislatively mandated vendor rate changes, the rates will be adjusted accordingly and will be incorporated into this Contract on the date the rate(s) become effective. DSHS will provide written notification of rate changes to the Contractor. d. The fee for transportation is an established rate of 0.51 per mile. The monthly payment for all services provided to any Client will not exceed the amount authorized in the Client's ISP and in the DSHS Central Contract Services 1803LP DDD Respite In Community Settings(5-6-11) Page 12 • Special Terms and Conditions Social Service Payment System (SSPS). The rate established in this Contract is subject to change and does not require a contract amendment. Notification of rate changes will be made in a letter from DSHS to the Contractor. Rates shall not exceed the DSHS Aging and Disability Services Administration rates published for the Contractor's geographic area. Published rates are not disputable. e. DSHS shall reimburse the Contractor as preauthorized for fares and public transportation service at the actual costs. Such costs must not exceed the preauthorized amount. 28. Billing and Payment. a. DSHS shall issue invoices generated by SSPS to the Contractor. b. The Contractor shall indicate on each invoice received from DSHS whether the services were delivered. c. The Contractor shall submit the invoices for payment as directed on the invoice or by using Invoice Express. 1 d. The Contractor shall contact the DSHS staff who authorized the services if there is any problem with the SSPS invoice. e. DSHS shall use the completed SSPS invoice to generate payment to the Contractor. f. DSHS shall not pay the Contractor for cancelled or missed appointments or for scheduled hours of service when clients are not seen or served:by the Contractor. g. DSHS will not pay in advance of services being provided; all payments are contingent on completion of planned activity. ' h. In the event that the Client has fewer waiver resources available than the rate set in Exhibit A, the client or their family may choose to pay for additional hours of service but may not supplement the department's rate. The Contractor accepts the DSHS payment rate as sole and complete payment for the services provided under this Contract. i. If DSHS pays the Contractor for services authorized but not provided by the Contractor the amount paid shall be considered to be an overpayment. j. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. k. DSHS Provider One payment system is scheduled to replace the current DSHS SSPS on or about November of 2012. In the event this contract is in place at that time DSHS will notify you of new billing instructions. Any new billing instructions will replace the SSPS billing instructions listed above and will thereby be incorporated by reference into this contract. 29. Duty to Report Suspected Abuse. The Contractor shall report, in accordance with state law, all instances of suspected Client abuse immediately'to the Department at the current state abuse hotline (1-800-562-6078). 30. Duty to Report Unusual Incidents. The Contractor shall submit written information of any unusual incident to the DDD Resource Manager or the DSHS contact listed on page 1 of this Contract within seventy-two (72) hours. DSHS Central Contract Services 1803LP DOD Respite In Community Settings(5-6-11) Page 13 Special Terms and Conditions 31. Duty to Report Death of Clients. The Contractor shall report all deaths of DSHS clients receiving services from the Contractor within twenty-four(24) hours to the DDD Resource Manager or the DSHS contact listed on page 1 of this contract. 32. Drug Free Workplace. The Contractor, and the Contractor's employees and sub-contractors, shall abstain from the use of alcohol and illegal drugs in the workplace and in the performance of their duties. 33. Insurance. • a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for Iosses,for:which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: ; ❑ The Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or ❑ The Contractor maintains the types and amounts of insurance identified below and Yp shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liability Insurance (CGL)—to include coverage for bodily injury, property damage, and contractual liability,with the following minimum limits: Each Occurrence-$1,000,000; General Aggregate-$2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. DSIIS Central Contract Services 1803LP DDD Respite in Community Settings(5-6-11) Page 14 Exhibit A Rate Table TA rrrtOif. Out-of home in a $10.03 hr Adult day care center Not to exceed 8 hours in a 24 8177, (must be contracted Daily = $80.24 hour period. 8277, with the Area Agency [8 hrs x $10.03] 8377, on Aging (AAA) Prior approval required to 8777 authorize more than 8 hours Camp and other $17.46 hr Community Settings will be community settings reimbursed at the Contractor's 8177, providing respite published fee for services 8277, provided unless the number of 8377, hours authorized exceeds the 8777 number of hours of respite provided. ' The maximum rate for one • 4 hour of service$17.46. Number of respite Hours = Cost of service (published fee) +$17.46. Notes: • Respite and personal care cannot be paid at the same time for the same service. Respite services include any personal care and supervision that is needed. • SSPS authorizations will be authorized at an hourly rate, • A copy of the Contractor's Published Service and Fee Schedule can be located at the following web site . A printed copy of the Contractor's Published Service and Fee Schedule shall be maintained in the Contractor's Contract file for each year services are provided by this Contract. 1 y4 DSHS Central Contract Services 1803LP DDD Respite in Community Settings(5-6-11) Page 15 1 • 1 a i INTERLOCAL AGREEMENT DSHS Agreement Number: ggto n Stare 1564-34833 7*V4ashin PARTF-WL OF CALfs ICES S "1`� Individual and Family Services Program RECREATIONAL OPPORTUNITIES This Agreement is by and between the State of Washington Department Program Contract Number. of Social and Health Services (DSHS) and the Contractor identified Contractor Contract Number: below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. - CONTRACTOR NAME CONTRACTOR doing business as(DBA) City of Federal Way FEDERAL WAY CITY OF-01 CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER(UBI) 33325 8th Ave S Federal Way,WA 98063-9718 70364 CONTRACTOR CONTACT CONTRACTOR TELEPHONE " CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Kevin Hutchinson (253) 835-6927 (253)835-6929 kevin.hutchinson @cityoffede I ralway.com s DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE I- Developmental Disabilities Division of Developmental Disabilities 1760LP-64 i Adman DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS I Nancy Santome 1700 E Cherry ST Program Specialist II Seattle,WA 98122 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS santonk @dshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 04/01/2015 03/31/2019 1 .` $0.00 EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: ❑ Exhibits(specify): ® No Exhibits. • The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications,oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be binding on DSHS only upon signature by DSHS. 1 CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED I I DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED 'I John Cordy, DSHS DDA Business Manager i 1 DSHS Central Contract Services 1 1760LP IFS Recreational Opportunities(10-27-08) Page 1 • DSHS General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information" or"Data" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. c. "Contract" or"Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "Contracts Administrator mea ns the ma nag e r, or successor, of Central Contract Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" !- includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "DSHS" or the"Department" means the state of Washington Department of Social and Health Services and its employees and authorized agents. h. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a"key"; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 128 bits. i. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses,telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. j. "Physically Secure" means that access is restricted through physical means to authorized individuals only. k. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. I. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 2 DSHS General Terms and Conditions 1 m. "Regulation" means any federal, state, or local regulation, rule, or ordinance. n. "Secured Area"means an area to which only authorized representatives of the entity possessing the Confidential Information have access., Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet)within,a room, as long as access to the Confidential Information is not available to unauthorized personnel. o. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor")to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. p. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. q. "Trusted Systems" include only the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS")first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL)which offer tracking and receipt confirmation; and (4)the Washington State Campus mail system. For.electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successors amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed of:http:!/apps.leg.wa.gov/wac/. 2. Amendment.This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve(12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law.At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, 1 nondiscrimination laws and regulations. i • 6. Confidentiality. '` ' a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential DSHS Central Contract Services } 1760LP IFS Recreational Opportunities(10-27-08) Page 3 DSHS General Terms and Conditions Information gained by reason of this Contract for any y y purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: (1) as provided by law; or, (2) in the case of Personal Information, with,;the.prior written consent of the person or personal representative of the person who is the subject of the Personal Information. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential information by: (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. (2) Physically Securing any computers, documents, or other media containing the Confidential Information. (3) Ensure the security of Confidential Information transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential F Information to unauthorized persons. (b) Communicating with the intended recipient before transmission to ensure that the fax will be received only by an authorized person. (c) Verifying after transmittal that the fax4es received,by the intended recipient. ; :t.,r p , (4) When transporting six (6) or more records;containing Confidential Information, outside a Secured Area, do one or more of the follgwi`ng as appropriate: (a) Use a Trusted System. (b) Encrypt the Confidential Information, including: I. Encrypting email and/or email attachments which contain the Confidential Information. • ii. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this contract,this item, 6.b.(4), is superseded by the language contained in the Exhibit. (5) Send paper documents containing Confidential information via a Trusted System. (6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request.by DSHS, at the end of the.Contract term, or when no longer needed, Confidential Information shall be returned to DSHS or Corltrpctor shall certify in writing that they employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract. DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 4 DSHS General Terms and Conditions d. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycles specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed on-site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed forldebarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during.the term of this Contract, Contractor becomes Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 9. Independent Contractor.The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 10. Inspection.The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. Thee•irfspection rights shall survive for six (6)years following this Contract's termination or expiration,, i ' 11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contra c t.All r e cord s and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six (6)year period,the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement,the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. DSHS Central Contract Services 1760LP iFS Recreational Opportunities(10-27-08) Page 5 ; • i a DSHS General Terms:and Conditions 13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the - Contract remains valid and in full force and effect. 14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 15. Contract Renegotiation, Suspension, or Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement: a. At DSHS's discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions. b. DSHS's discretion, DSHS may give notice to Contractor to suspend performance when DSHS determines that there is reasonable likelihood,that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this contract. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, "written notice" may include email. (3) If the Contractor's proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable only for payment in accordance with the terrrie:of:,this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised. : i. 16. Waiver.Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the DSHS Contracts Administrator or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions—Interlocal Agreements: 17. Disputes. Disputes shall be determined by a Dispute Board. Each party to this Agreement shall DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 6 DSHS General Terms and Conditions appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms, and applicable statutes and rules and make a determination of the dispute. As an alternative to this process, either party may request intervention bythe.Governor, as provided by RCW 43.17.330, in which event the Governor's process shall control.'';P4ticipation in either dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. 18. Hold Harmless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 19. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be"work made for hire"as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not"work made for hire";-However} DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 20. Subrecipients. a. General. if the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA)title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Contractor and its Subcontractors who are;subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget(OMB) Circular or regulation; and DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 7 DSHS General Terms and Conditions (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights . Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35.and 39. (Go to www.oip,usdoj.00v/ocr/for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources;.jnany;.fiscal'year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DSHS contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any. Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200. 21. Termination, a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement,then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Ag ree( ent•may be terminated immediately by written notice from the aggrieved party to the other party. • b. Convenience. Either party may terminate this lnterlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18)with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract,the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. • DSHS Central Contract Services • 1760LP IFS Recreational Opportunities(10-27-08) Page 8 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Client" means an individual who is approved to receive DDD services. b. "DDD" means the DSHS Division of Developmental Disabilities. c. "Individual Support Plan" or"ISP" is a document that authorizes the DDD paid services to meet a client's needs identified in the DDD assessment for whom the Contractor is authorized to provide services. d. "Individual and Family Services" or"IFS" means services to benefit a DDD client and/or the Family, including but not limited to: Recreational Opportunities, Excess Medical Costs, Co- Pays for Medical and Therapeutic Services, Therapy Services, Specialized Nutrition, Parent/sibling education, Specialized Clothing, Equipment/Supplies,Architectural/vehicular modifications, Training and Transportation. e. "Primary Caregivers" is the formal or informal caregiver who provides the most support. f. "Protective Supervision" means supervision to ensure the safety and well being of a client, exclusive of those responsibilities, which should be assumed by a legal guardian. g. "Recreation opportunities" mean activities that may be available to children and adults with developmental disabilities in their communities such as camps, YMCA activities, or day trips, etc. h. "SSPS" means the Social Service Payment System. 2. - Purpose. The purpose of this Contract is to provide recreational opportunities per WAC 388-832 that may be available to children and adults with a developmental disability such as summer camps, YMCA activities, day trips or typical activities available in your community. Recreational opportunities may include memberships in civic groups, clubs, crafting classes, or classes outside of K-12 school curriculum or sport activities. 3. Qualifications. a. The Contractor shall be licensed, registered, and certified as is required by law. b. The Contractor agrees to undergo a nrimiinal history background check conducted by DSHS, as required by RCW 43.20A.710., If the Contractor has employees or volunteers who will have unsupervised access to Cliehts in the course of performing the work under this Contract, the Contractor will conduct criminal history background checks on those employees. 4. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Upon receipt of and in accordance with the provisions of a written service authorization form issued by DSHS the Contractor shall: 1 (1) Provide physical assistance, support and supervision to the client in daily routine activities and to prevent injury to him or herself and to others; 1 DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 9 1 J (2) Obtain information about the client's essential care requirements from the parent(s)or primary caregiver(s) and ensure that he clients needs are met while providing services; 11 (3) Contact the client's parent or primary caregivers) if the Contractor has not heard from them within seven (7) days of the Contractor's receipt of the service authorization to make arrangements for specific dates and times of care; (4) Make arrangement with the primary provider of assistance for emergency medical treatment should this become a necessity at some future time; (5) Provide protective supervision for the client at all times the Contractor is engaged in providing services; (6) Inform the parent(s) or primary caregiver(s) of any unusual incidents (as defined above) that occur while providing services; (7) Maintain copies of all Social Service Payment System (SSPS) authorizations to provide services; b. In addition to the above, the contractor may also provide as authorized the following: (1) Provide the client transportation to and from community resources and recreational activity. • (2) Provide written progress reports as requested by a DDD Case Resource Manager or ( ) p 9 p q, Y 9 per other DDD procedures. c. Complete and maintain copies of the work verification records for all services provided. These records shall be kept on file by the Contractor for the duration of this Contract and thereafter for a period of 6 years and will be available to DSHS upon request for purposes of audit, monitoring and/or service verification. d. The Contractor shall provide care that assists, in a safe manner, client participation. (1) Understand specific directions for providing the care that an individual client requires; (2) Provide services within the scope of practice for their profession/skill level; (3) Observe the client for change in health status, including weakness, confusion, and loss of appetite; (4) Identify problem situations and take appropriate action; (5) Respond to emergencies without direct supervision; and (6) Accept the client's individual differences and preferences when performing routine tasks. . e. DDD clients and their families shall not be requested or required to sign, in any form, a release of liability waiver for any services provided. f. The Contractor shall ensure that they or their care providers possess the following minimum qualifications: DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 10 (a) Be eighteen (18) years of age or older; (b) Possess the following minimum standards of knowledge and experience: (i) General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindliness and caring to the client; and (ii) Knowledge of when and:how to contact the client's representative and the client's case manager. (c) Adequate skills to read, either directly or through an interpreter, understand, and implement the service's authorized plan; (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the client's written service plan and verbal instructions; and (e) Adequate skills to maintain provider records of services performed and payments received. g. The Contractor shall ensure that the care providers are able to: (1) Understand specific directions for providing the care that an individual client requires; (2) Provide services within the scope of practice for their profession/skill level; (3) Observe the client for change in health status, including weakness, confusion, and loss of appetite; (4) Identify problem situations and take;a`ppropriate action; (5) Respond to emergencies without direct supervision; and (6) Accept the client's individual differences and preferences when performing routine tasks. h. Cooperate with DSHS in the evaluation of their performance under the terms of this Contract including the following: (1) Follow-up contact with clients and their families, regarding their satisfaction with the services provided; (2) Investigation and documentation of all complaints about the service provided; and (3) Periodic monitoring of service documentation records and of billing and payment data on SSPS. 5. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following: Recreational Opportunities will be reimbursed,at the Contractor's published fee for services provided. A copy of the Contractor's Published Service and Fee Schedule can be located at the following web site: ; if applicable. A printed copy of the Contractor's Published DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 11 Service and Fee Schedule shall be maintained in the Contractor's Contract file for each year services are provided by this Contract. 6. Billing and Payment. a. DSHS shall pay the Contractor monthly for pre-authorized services provided to DSHS clients at the rate outlined in 5. Consideration, see above. DSHS shall send invoices generated by SSPS to the Contractor. The Contractor shall: (1) Receive invoices generated by SSPS; (2) Indicate on the invoice whether the services were delivered; • (3) Submit invoices for payment as directed on the invoice or by using Invoice Express; _ and (4) Immediately contact the service worker who authorized the services if there is any problem with the SSPS invoice. b. DSHS shall use the completed SSPS invoice to generate payment to the Contractor. c. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled hours of service when clients are not seen or served by the Contractor. d. The Contractor agrees to accept this payment as total and complete remuneration for services provided under this Contract to DSHS clients. e. If DSHS pays the Contractor for services authorized but not provided by the Contractor the amount paid shall be considered to be an overpayment. _ f. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. g. Payment shall be considered timely if made by DSHS within 30 days after receipt of properly completed invoices. Payment shall be sent to the address designated by Contractor. DSHS may, at its sole discretion,terminate the Contract or withhold payments claimed by Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract. ' . h. In case of a legislatively mandated or Governor ordered vendor rate change, the rates shall be adjusted accordingly and shall be incorporated into this Contract with the date the rate(s) become effective. DSHS shall provide written notification of rate changes to the Contractor. i. In the event the Medicare Medical Information System (MMIS) is completed and in use during the period of this Contract, the new payment systems will replace SSPS and DSHS y will provide new instructions to the Contractor. 7. Duty to Report Suspected.Abuse. In addition to the preceding Services, the Contractor shall report, in accordance with state law, all instances of suspected Client abuse immediately to the Department at the current state abuse hotline (1-800-562-6078). 8. Duty to Report Unusual Incidents. The Contractor shall submit written information of any unusual incident to the DDD Resource Manager or the DSHS contact listed on page 1 of this DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 12 Contract within seventy-two (72) hours. 9. Duty to Report Death of Clients. The Contractor shall report all deaths of DSHS clients . receiving services from the Contractor within twenty-four(24) hours to the DDD Resource Manager or the DSHS contact listed on page.1 of this contract. 10. Drug Free Workplace. The Contractor, and;the Contractor's employees and sub-contractors, shall abstain from the use of alcohol and illegal drugs in the workplace and in the performance of their duties.. 11. . Insurance. a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: • ❑The Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or ❑The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this r Agreement. Commercial General Liability Insurance {C 'GL)`=to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence-$1,000,000; General Aggregate-$2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. 1 DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 13 COUNCIL MEETING DATE: April 21,2015 ITEM#: 5 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC)MEMORANDUM OF UNDERSTANDING FOR DISTRACTED DRIVING POLICY QUESTION: Should the City of Federal Way accept$3,000.00 overtime funding for Distracted Driving from WTSC? COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: 04/14/2015 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 Options Considered: 1. Accept Proposal 2. Reject Proposal ....................................................................................................................... . MAYOR'S RECOMMENDATION: MAYOR APPROVAL: , 00c --� /D jRECTOR APPROVAL: a T/2L//S Com / /ouncil /(� /5 Initial CHIEF OF STAFF: ,dA / /� m ittee Counci COMMITTEE RECOMMENDATION: "I move to forward the WSTC MOUfor overtime funding for Disttrf acted Driving to tthhe✓A�pr�il 2f, 2015 City Council Consent Agenda. " 1 Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the WSTC overtime funding for Distracted Driving and authorize Chief Andy Hwang to sign the MOU " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 14, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Washington Traffic Safety Commission(WTSC) MOU for Distracted Driving Background The Washington Traffic Safety Commission(WTSC)and the City of Federal Way have an existing partnership,focused on Target Zero Team Projects. WTSC funding has allowed Federal Way Police to strengthen DUI, Seatbelt and Distracted Driving enforcement through overtime funded patrols. Proposal We have signed the WTSC Memorandum of Understanding (MOU), due to time constraints, for a term of April 1, 2015 through September 30, 2015 for $3,000 for Distracted Driving. FWPD will engage in multijurisdictional high visibility enforcement (HVE) cell phone distraction- focused patrols. 1 ok � ��'t 1889 a0 MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Federal Way Police Department (Agency) and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE), traffic safety emphasis patrols, in support of Target Zero priorities. The Target Zero Managers and Law Enforcement Liaisons assigned to your county shall coordinate the Scope of Work as outlined below: TERM: April 1, 2015 - September 30, 2015 AMOUNTS King County Distracted Driving Funding: $3,000.00 CFDA#: 1*DD15-01 These funds shall not be commingled and are only to be utilized for the specific emphasis area. SWV 0015957--00 (Agency) Statewide Vendor Number IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. GOAL: To reduce traffic related deaths and serious injuries by engaging in multijurisdictional HVE patrols in the areas of cell phone distraction among drivers. 2. SCOPE OF WORK: Distracted Driving: Agency will engage in multijurisdictional HVE cell phone distraction-focused patrols on some or all of the following dates: Primary Campaigns: May 31 — June 13, 2015 and September 13 — 26, 2015; Funds permitting (not guaranteed), the TZM may coordinate other patrols during this MOU term. These patrols shall occur where the highest rates of cell phone use among drivers occur in your geographic area of King County. Agency agrees to take a zero tolerance approach to cell phone-related distraction violations. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the cell phone distraction patrol shifts. Page 1 of 7 3. CONDITIONS: Agency will deploy highly skilled officers in coordination with other King County law enforcement agencies and the King County Target Zero Task Force to generate the highest amount of deterrence possible. Officers working the overtime will conduct a minimum of three (3) self-initiated contacts per hour. These are enforcement activities intended to apprehend cell phone distracted drivers. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at contact unless circumstances dictate otherwise. All of these p atrols are conducted as part of highly publicized efforts. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, Agency must assist Target Zero Managers with media requests and questions. 4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary and benefits) to participate in these emphasis patrols. 5. SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than eight hours. (WTSC understands there may be instances when more than eight hours are billed because of DUI or other arrest processing, etc.) 6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom reimbursement is claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount requested. Agency understands that reserve officers are not eligible for overtime for this project. 7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from their local Target Zero Manager. 8. GRANT AMOUNT: WTSC will reimburse Agency for overtime salary and benefits. The total cost of overtime and benefits shall not be exceeded in any one campaign area and funds may not be commingled between campaign areas. Upon agreement by the Agency and the local Target Zero Manager, the distraction allocation may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original agreed amount for the specific emphasis area. Any increase in allocation exceeding 50% will require an amendment to this document. 9. PERFORMANCE STANDARDS: Page 2 of 7 a. Participating law enforcement officers are required to make a minimum of 3 self-initiated contacts per hour of enforcement. b. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19-1A Form). 1) Agency identified as the "Claimant" 2) Statewide Vendor Number (bottom of Claimant box) 3) A Federal Tax ID #, 4) Original signature of the agency head, command officer or contracting officer. 5) Other information denoted by arrows on the form b. Payroll support documents (signed overtime slips, payroll documents, etc.). c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour. Emphasis Patrol Activity Logs cannot be modified. Payment cannot be made unless these activity logs are included. The Invoice Voucher (Al 9-1A Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The Target Zero Manager will forward these documents to WTSC for processing and payment. 11. DEADLINES FOR CLAIMS All claims must be approved by your Target Zero Manager, please allow adequate time for processing in order to meet the following deadlines: a. First Deadline: All claims for reimbursement for emphasis conducted from April 1, to June 30, must be received by WTSC no later than August 15, 2015. b. Second Deadline: All claims for reimbursement for emphasis conducted between July 1 and September 30 must be received by WTSC no later than November 15, 2015. Invoices submitted for reimbursement after the above dates, will not be paid. WTSC will NOT accept faxed invoices. 12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Agency, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. Page 3of7 13. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 14. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. 15. BUY AMERICA ACT: The Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. 16. DEBARMENT AND SUSPENSION: Instructions for Lower Tier Certification a. By signing and submitting this proposal, the Agency (hereinafter in this section referred to as "prospective lower tier participant") is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 f. CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. g. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Page 4 of 7 Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under i. 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. j. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. k. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 17. FEDERAL LOBBYING: The undersigned certifies, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 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. b. 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 Federal contract, Page 5 of 7 grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients 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. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 18. NONDISCRIMINATION: The Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L.100-259), which requires Federal- aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. In the event the Agency is in non-compliance or refuses to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Agency may be declared ineligible for further contracts with the WTSC. The Agency shall, however, be given a reasonable time in Page 6 of 7 which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 19. POLITICAL ACTIVITY (HATCH ACT): The Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 20. STATE LOBBYING: None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Federal Way Police Department Washington Traffic Safety Signature Commission Signature 3/2 G/ 5— (Date) (Date) Agency Address (where fully executed copy of this document will be mailed): 333015 gt sn4-�� Street e.rcl v)a y w el &003 51-tr r-t : 1,1 K e tt e Si 11 eve, City, State Zip Attn: Please return this signed MOU to your Target Zero Manager: John Pagel Kent Police Department 220 4th Avenue South Kent, WA 98032 Target Zero Manager will process and forward this signed document to WTSC Page 7 of 7 2015 STATE OF WASHINGTON AGENCY USE ONLY p,, A 19 INVOICE VOUCHER AGENCY NO. LOCATION CODE P.R.OR AUTH.NO. LE OT 2280 (Rev. 12/3/14) AGENCY NAME For INTERNAL USE ONLY WA Traffic Safety Commission DATE: PO BOX 40944 PROJECT#: Olympia WA 98504-0944 APPROVED BY: VENDOR OR CLAIMANT(Warrant,is to be payable to) INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form *(Please fill in mailing address matching Fed ID#) to claim payment for materials,merchandise or services. Show complete detail for each item. BY (Approval Signature&Title) • lik (Print Name) (Date) *Statewide Vendor#: *Federal ID#: TZM UseONLY 4'4!t �c sec CFDA# / y 'r 9- 'ff I. M1*DD15-01 King County 7Emphasls Type: CIDU ist DriOg tbel peed Distracted Driving ,J of� L, fx o YY ;: y :et nding Statewide Mobilization;• It t4wicte Flex ❑Local Flex_ 0 TZT PAtIrrldor UNIT FOR AGENCY DATE DESCRIPTION QUANTITY PRICE AMOUNT USE • • • • Please Submit form to South KC Target Zero Manager:John Pagel Kent Police Dept.,'220 Fourth Ave S, Kent,WA 98032 TOTAL 4 PREPARED BY TELEPHONE NUMBER * DOC.DATE PMT DUE CURRENT DOC. REF DOC. VENDOR NUMBER VENDOR MESSAGE UBI NUMBER DATE NO. REF TRANS M MASTER INDEX SUB SUB ORG WORKCLAS COUNTY CITY/TOWN PROJEC SUB PROJ DO CODE 0 FUND APPN PROGRAM OBJ- SUB INDEX ALLOC BUDGET MOS T PROJ PHAS AMOUNT INVOICE NUMBER C n INDEX INDEX OR.IFGT UNIT ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER COUNCIL MEETING DATE: April 21,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:Application for Ballistic Vest Partnership(BVP) Grant. POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department apply for the 2015 Ballistic Vest Partnership(BVP) Grant; and,if awarded,accept the Grant with matching city funds? COMMITTEE: MEETING DATE: April 14, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chief Andy Hwang DEPT: Police Department Attachments: 1. PRHS&PS Memo Options Considered: 1. Authorize the Federal Way Police Department to apply for the 2015 BVP Grant, and accept the Grant if awarded. 2. Deny Application for these Grant funds MAYOR'S RECOMMENDATION: Mayor recommei s Option 1. MAYOR APPROVAL: IRECTOR APPROVAL: .3/Z4/f mi ee C / s Initial CHIEF OF STAFF: �v. ���IC 1 Coi it ee Council COMMITTEE RECOMMENDATION: I move to forward this proposal, to authorize the Police Department to apply for the 2015 Ballistic Vest Partnership (BVP) Grant, to the April 21, 2015 Council consent agenda for approval. at4;A: Committee Chair Committee Member Committee Me ,ber PROPOSED COUNCIL MOTION: "I move to authorize the Police Department to apply for the 2015 Ballistic Vest Partnership (BVP) Grant funds, and authorize Police Chief Andy Hwang to sign such Agreement if awarded " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 14, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Information and Permission to Accept, 2015 Ballistic Vest Partnership (BVP) Grant Funds. The total number of Ballistic vests that will need to be replaced by the Federal Way Police Department in the next 20 months equals forty-seven(47). The Fiscal Year 2015 BVP (Ballistic Vest Partnership) Grant application period is estimated to be open between the dates of April 1, 2015 through May 15, 2015. If the City of Federal Way is awarded the additional funding needed to purchase ballistic vests,the amount requested would not exceed: $11,000.00 to be funded by the BVP Grant $11,000.00 to be matched by the Federal Way Police Department "Matching" funds from previous BVP Grants have been taken from the police department fuel savings, salary savings, or unifoluilequipment budget. I am proposing that the matching funds for the FY 2015 BVP Grant be taken from the police uniform/equipment budget. The Police Department is seeking approval to apply for and accept the 2015 BVP grant if awarded, and to set aside matching funds. The results of the FY 2015 BVP Grant award will become available in the 3`d quarter of 2015. 1 COUNCIL MEETING DATE: April 21,2015 ITEM#: 5 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:85%DESIGN APPROVAL AND PERMISSION TO BEGIN BID PROCESS ON TOWN SQUARE PARK POLICY QUESTION: Should the Council accept the 85%design drawings and authorize staff to bid and enter into contracts on the various elements of the park construction? COMMITTEE: PRHSPS MEETING DATE:April 14,2015 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing El City Council Business El Resolution El Other STAFF REPORT BY: John Hutton Parks Director DEPT: Parks Background: The city proposes using the construction manager process on this project. The various elements on this project include but are not limited to: Site preparation,concrete installation,building construction, spray park construction,and playground equipment installation. Options Considered: 1. Accept the 85%design drawings and authorize staff to bid the various elements and enter into contracts. 2. Do not accept the 85%drawings and provide direction to staff MAYOR'S RECOMME 111 TION: I .tion 1 MAYOR APPROVAL: doilre" y I/DIRECTOR APPROVAL: / ommi e ounail /S Initial/Date Initial/Da / Initial/Da CHIEF OF STAFF: 41-4 14 its 4. r Co , •�• Initial/Date COMMITTEE RECOMMENDATION:I move to forward acceptance of the 85%design drawings and authorize staff to bid the various elements and to enter into contracts to the April 21, 2015 full Council consent agenda for approval, and authorize permission to go directly back to the May 19, 2015 full Council business agenda for bid award. 4(A J Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: •`I move approval of acceptance of the 85% design drawings and authorize staff to bid the various elements and to enter into contracts, and authorize permission to go directly back to the May 19, 2015 full Council business agenda for bid award " (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-1/2015 RESOLUTION# COUNCIL MEETING DATE:April 21,2015 ITEM#: __ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PUBLIC HEARING ON MEDICAL MARIJUANA MORATORIUM POLICY QUESTION:N/A COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stacey Welsh, Senior Planner DEPT: CD Attachments: Ordinance No. 15-787,establishing a one-year moratorium on medical marijuana. Background: On March 17, 2015, Council adopted a one-year moratorium on medical marijuana-related businesses, collective gardens, dispensaries, and other activities involved in the sale, manufacture, or distribution of medical marijuana. The required public hearing on the moratorium was set for April 21, 2015,at the regularly scheduled City Council Meeting. This public hearing is an opportunity for the public to comment on the moratorium. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A ..-�,frii- l/ i �.�:DIR OR APPROVAL: Committee Co in /�eil i Initial/Date Initial/Date Initial/Date CHIEF OF STAFF: N/A $.Ldt1%,/ Committee Conn.j Initial/Date Initi. rate COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# 4 • _ ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# ORDINANCE NO. 15-787 AN ORDINANCE of the City of Federal Way,Washington, imposing a one year moratorium on medical marijuana-related businesses, collective gardens, dispensaries, and other activities involved in the sale, manufacture, or distribution of medical marijuana; establishing a work group to develop a work plan; and setting a date for a public hearing. WHEREAS, the Legislature passed E2SSB 5073, effective July 22, 2011, that amended the Medical Cannabis Act, Chapter 69.51A RCW, which allows marijuana to be grown in "collective gardens" for the purpose of producing, processing, transporting and delivering marijuana for medical use subject to certain conditions; and WHEREAS, E2SSB 5073 allows the City to regulate medical marijuana by enacting zoning,licensing,and/or health and safety requirements; and WHEREAS,the City does not have any land use regulations regarding medical marijuana under E2SSB 5073; and WHEREAS, the authority of a city to regulate and ban medical marijuana collective gardens is currently pending before the Washington State Supreme Court;and WHEREAS,medical marijuana has not been fully addressed by the State Legislature and the City does not have clarity or guidance regarding state regulations related to medical marijuana;and WHEREAS, the State Legislature is currently considering legislation involving medical marijuana; and WHEREAS, in order to address E2SSB and potential State legislation it is anticipated that amendments will need to be made to the City's building, zoning,business, and public safety regulations; and Ordinance No. 15-787 Page 1 of 5 WHEREAS the City is concerned that collective gardens and other medical marijuana- ' Y g � related activities could become established in the City that are inconsistent with or conflict with future regulatory schemes;and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt moratoria;and WHEREAS, on November 5, 2013 the City of Federal Way City Council passed Ordinance No. 13-749 imposing a one year moratorium on marijuana collective gardens and other activities involved in the sale,manufacturing, or distribution of marijuana to allow for time to determine how best to respond to I-502 within the City; and WHEREAS, on October 21, 2014 the City of Federal Way City Council passed Ordinance No. 14-776 renewing the moratorium imposed by Ordinance No. 13-749 for six months; and WHEREAS, the moratorium imposed by Ordinance No. 14-776 applies to both recreational and medical marijuana related activities; and WHEREAS, the City desires to separately regulate recreational and medical marijuana; and WHEREAS, the City is taking separate action with regard to recreational marijuana under Initiative 502; and WHEREAS,the moratorium imposed by Ordinance No. 14-776 expires on May 5,2015; and WHEREAS, the City desires for a new moratorium to take effect on May 6, 2015 to coincide with the May 5, 2015 expiration of the moratorium imposed by Ordinance No.14-776; and Ordinance No. 15-787 Page 2 of 5 WHEREAS, the Council has determined that it is in the public interest to establish a moratorium to evaluate and, if necessary, enact regulations under E2SSB 5073 and potential State legislation; and WHEREAS, a work group of City staff will develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state law, but needs additional clarity from the State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of medical marijuana; and WHEREAS, the City will hold a public hearing on the moratorium within 60 days of its adoption;and WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act;and 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 of fact: (a) The foregoing whereas provisions are adopted as findings of fact. (b) The moratorium is necessary to provide the City with sufficient time to study the potential impacts of E2SSB 5073,court decisions,and potential State legislation. (c) The moratorium is necessary to preserve the status quo until the City adopts appropriate zoning, health, safety, and/or licensing regulations and to insure that the regulations comply with the State Law. Ordinance No. 15-787 Page 3 of 5 Section 2. Moratorium Established. No medical marijuana-related businesses, collective gardens, dispensaries and other activities involved in the sale, manufacture, or distribution of medical marijuana shall be allowed within the City. The City Clerk shall not accept nor issue medical marijuana related business applications or registrations for the duration of this moratorium. Section 3. Work Plan. A work group consisting of representatives from Community Development, Police, Finance, and the City Attorney's Office is hereby established to evaluate any State legislation regarding medical marijuana and develop draft regulations regarding medical marijuana related uses. This work plan allows City staff,the Planning Commission, and the City Council time to review its development regulations to determine appropriate development standards, and to move any proposed development code changes through established governmental processes. Section 4. Duration of Moratorium. This moratorium shall be in effect for one year from the effective date of this ordinance Section 5. Public Hearing. A public hearing for this moratorium will be held on April 21, 2015,at the regularly scheduled City Council Meeting. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including,but not limited to,the correction of Ordinance No. 15-787 Page 4 of 5 scrivener/clerical errors,references,ordinance numbering, section/subsection numbers,and any references thereto. Section 8. Effective Date. This ordinance shall be effective on May 6,2015 after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 17th day of March,2015. CITY OF FEDERAL WAY a OR, J FE• • LL ATTEST: 4' !�L. 1LLA .,LL,i� ,J C eel ERK, STEPHANI jt URTNEY, CMC APPROVED AS TO FORM: CITY A ORNEY,AMY JO PEARSALL FILED WITH THE CITY CLERK: 03/12/2015 PASSED BY THE CITY COUNCIL: 03/17/2015 PUBLISHED: 03/20/2015 EFFECTIVE DATE: 05/06/2015 ORDINANCE NO.: 15-787 Ordinance No. 15-787 Page 5 of5 COUNCIL MEETING DATE: April 21,2015 ITEM#: 1 c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:KARL GROSCH FIELD REPLACEMENT Policy Question: Should a purchase order (PO) in the amount of$582,281.00 be approved with KCDA and authorization given to enter into a contract with FieldTurf to replace the playing surface at Karl Grosch field? COMMITTEE: PRHSPS MEETING DATE: April 14,2015 CATEGORY: ❑ Consent (l Ordinance n Public Hearing • City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Hutton, Parks Director DEPT: Parks Attachments: Memorandum explaining the background of this project Options Considered: 1. Authorize the Mayor to approve a PO in the amount of $582,281.00 with KCDA and contract with FieldTurf to replace the playing surface at Karl Grosch field? 2. Do not approve a PO in the amount of$582,281.00 with KCDA and a contract with FieldTurf to replace the playing surface at Karl Grosch Field and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 41160 ' 14 q 4/ DIRECTOR APPROVAL: 'ea if co, i ee • Council Im ial/Date Initial/Date. Initial/Date CHIEF OF STAFF: /.colto 1 s4/jl/s N. y /Vrnr. Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the recommendation to approve a PO in the amount of $582,281.00 to KCDA and enter into a contract with FieldTurf to replace the playing surface at Karl Grosch Field to full Council for the April 21, 2015 consent agenda for approval. Committee Chair Commit ee Member Committee Mei ber PROPOSED COUNCIL MOTION: `I move approval of a PO in the amount of$582,281.00 with KCDA and entering into a contract with FieldTurf to replace the playing surface at Karl Grosch Field". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1sr reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# dkit. CITY OF Federal Way Date: April 13, 2015 To: City Council From: John R. Hutton, Director of Parks, Via: Jim Ferrell, Mayor .9'8/ N /3I/5 Subject: Karl Grosch Field Turf Replacement Background The playing surface on the soccer field at Karl Grosch Field located at Steel Lake Park is in serious need of replacement. The playing surface was installed in 2002 and is past its normal lifespan. We applied for RCO grants and unfortunately were not funded in this cycle as we have been in past grant cycles. We received feedback from the grading panel that while our need was valid and our materials and presentation were perfect we did not finish high enough for funding in this round. The grant climate was intensely competitive and some higher profile projects were funded. We have worked on an alternative funding plan to replace this vital field. The Federal Way Soccer Association has generously committed to paying at least $80,000 up front to help with the cost and may be adding to that amount. The rest would be paid for with a combination of $300,000 from funding previously allocated to Lakota Park for improvements which will not be started until the School District matches that amount with the balance being paid from an inter- fund loan. There is a chance that $150,000 which is currently allocated to this project will offset the balance even further if the state budget passes with that intact. • Total Cost of replacement $582,281 • $80,000 from Federal Way Soccer Association • $300,000 from Lakota account until FWSD matches • 202,281 from inter-fund loan • $150,000? In state budget currently would be used to pay off interfund loan if this stays intact This field is heavily used by both youth and adults year round and is one of only 3 artificial turf fields in our inventory. The result of not resurfacing the field would be the closure of the field by the end of the year. COUNCIL MEETING DATE: April 21,2015 ITEM#: 6 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RE-APPOINTMENT TO THE PARKS AND RECREATION COMMISSION POLICY QUESTION: Should the City Council re-appoint one member 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 Courtne y,City Clerk DEPT: Mayor's Office 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 alternates. Members are appointed by the City Council and serve three year terms. One Commissioner's term is expiring on April 30, 2015. The positon is currently held by Mark Koppang, Chair, who is seeking re-appointment. Options Considered: 1. Re-appoint Mark Koppang to the Parks & Recreation Commission for a three-year term expiring April 30,2018. 2. Direct the City Clerk's Office to recruit for new applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A CITY CLERK APPROVAL: Committee Council Initial CHIEF OF STAFF: N/A Committee Council COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to re-appoint Mark Koppang to the Parks and Recreation Commission, to a term expiring April 30, 2018. (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: April 21,2015 ITEM#: C CITY OF FEDERAL WAY • CITY COUNCIL AGENDA BILL SUBJECT:RESOLUTION:INTER-FUND LOAN FOR KARL GROSCH FIELD TURF REPLACEMENT POLICY QUESTION: Should the City Council approve a resolution authorizing an inter-fund loan of up to $250,000 not to exceed three years to fund the Karl Grosch Field Turf Replacement pending funding from State & Soccer Association? 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: • Inter-fund loan memo • Proposed Inter-Fund loan resolution .Options Considered: 1. Approve the resolution authorizing up to a three year Inter-Fund loan of up to $250,000 to fund the Karl Grosch Field Turf Replacement. 2. Deny approval of the resolution authorizing up to a three year Inter-Fund loan of up to $250,000 to fund the Karl Grosch Field Turf Replacement. 3. Revise the resolution authorizing up to a three year Inter-Fund loan of up to $250,000 to fund the Karl Grosch Field Turf Replacement. MAYOR'S RECOMMEND• fiN: Mayor recommends approval of Option 1. MAYOR APPROVAL: �� y . r Y DIRECTOR APPROVAL: L���►Y� A r j,5 ier omm.tee ' %until S Initial/Dat Initial/Date 1 is Oat: �1� CHIEF OF STAFF: L (`/cr►lj// �,� � /j Comi;tt-' Cou•f - Initi./D. e Initial/Date„ COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the resolution authorizing the Inter-Fund loan. " (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— 1/2015 RESOLUTION# J�P�T Buj�Oi Federal Way G ��: Mniversary C Nik '01 tw7 X990!ZO;�h Finance Department MEMORANDUM To: Council From: Ade Ariwoola, Finance Director Via: Jim Ferrell, Mayor Subject: Inter-Fund Loan for Karl Grosch Field Turf Replacement Date: April 21,2015 Background: The Karl Grosch Field Turf Replacement is estimated to cost about $582,281. The Federal Way Soccer Association has promised to pay at least $80,000 towards 'the turf replacement, and a possibility that the State might reimburse us for up to $150,000. Additionally, $300,000 would be reallocated to this • project from the Lakota Park project, and $2,281 will be paid from the current Parks budget in the General Fund.The Inter-Fund Loan from the Strategic Reserve Fund to the Parks Capital Fund will be up to $250,000 not to exceed three years to fund the turf replacement. This will be paid back from funds from the Soccer Association and a State Grant. Summary of Resolution: The term of the Inter-Fund loan from the Strategic Reserve Fund is for up to a three year loan to the Parks Capital Fund, where the Karl Grosch Field Turf Replacement Project will be accounted for. The loan will have a 1% annual interest rate. This rate is approximately 2.27% less than what the City of Federal Way can currently secure with a bank. The interest earning in the State Investment Pool as of March 1, 2015 was .16%. The lower interest rate will benefit the lending funds, and will benefit the City by providing a lower interest cost to the City and a higher interest earning to the lending fund. The City will fund this project as follows: - Federal Way Soccer Association $ 80,000 - State Capital Funding $150,000 - Lakota Park Project Reallocation $300,000 - General Fund $ 2,281 - Long-term City funding $ 50,000 • Total $582,281 Funds from the Federal Way Soccer Association and the State Capital Funding are currently not • available; therefore, we are requesting temporary funding through an Inter-Fund loan of up to $250,000 pending the time the funds become available. RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington,authorizing an Inter-Fund Loan of up to$250,000 from the Strategic Reserve Fund to the Parks Capital Fund for the Karl Grosch Field Turf Replacement Project. WHEREAS, the Karl Grosch Field Turf Replacement Project is to replace the soccer field playing surface; and WHEREAS,the Karl Grosch Turf Replacement Project will cost about$582,281; and WHEREAS, the cost to borrow from outside lenders to finance this project is 2.27%more than what the City earns through the State Investment Pool on its investments; and WHEREAS,the City's Strategic Reserve Fund has adequate funds set aside for future capital projects and capital purchases,and such funds are being invested in the State Investment Pool at the fbcurrent rate of 0.16% (as of March 1, 2015)pending the time for the purchases and projects; and WHEREAS, the Strategic Reserve Fund has adequate funds set aside for reserve that will not be appropriated that are being invested in the State Investment Pool at the current rate of 0.16%(as of March 1, 2015); and WHEREAS, the City is paying 1.51% on its last General Obligation Bond issued in 2014; and WHEREAS,the City's Strategic Reserve Fund will earn more than six times from an Inter- Fund loan than the City currently earns in the State Investment Pool; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The Parks Capital Fund is authorized to borrow from the City's Strategic Reserve Resolution No 15- Page 1 of 3 Rev 1/15 Fund an amount of up to $250,000 for the purpose of Karl Grosch Field Turf Replacement. The • term of the loan shall be for a period not to exceed three years from the day of p y h y first advance at an annual interest rate of 1.0%(current Washington State Investment Pool's earning rate is 0.16%as of March 1, 2015). The Parks Capital Fund may pay off the loan or make extra payments at any time during the life of the loan. Section 2. The Finance Director is designated on behalf of the City to process and administer a temporary loan of up to$250,000 from the available cash of the Strategic Reserve Fund, where money deposited therein is not immediately needed for the purposes of that fund,to the Parks Capital Fund. Section 3. Severability,If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional_by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, • clause or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5.Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6.Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 15- Page 2 of 3 Rev 1/15 • • RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 21st day of April, 2015. 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: RESOLUTION NO.: • Resolution No. 15- Page 3 of 3 Rev 1/15 COUNCIL MEETING DATE: April 21, 2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:ORDINANCE TO VACATE A PORTION OF S 336TH STREET POLICY QUESTION: Should the Council adopt an ordinance vacating a portion of S 336th Street to Kitts Corner, LLC, located on the south side of South 336th Street,adjacent to Lot 1 BLA 20140915900025? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT: Public Works STAFF REPORT BY:John Mulkey,P.E., Street Systems Manager Attachments: 1. Land Use and Transportation Committee memorandum dated April 6,2015. 2. Ordinance to vacate a portion of S 336th Street. Options Considered: 1. Adoption of the attached ordinance vacating a portion of S 336th Street to Kitts Corner LLC. 2. Do not adopt the ordinance vacating a portion of S 336th Street to Kitts Corner LLC and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Ap '1 21, 2015 City Council Ordinance Agenda for fir..Reading. MAYOR APPROVAL: cAr dOK DIRECTOR APPROVAL: W:� / to., t e I .un it /`� I f :I CHIEF OF STAFF: 4 4 JJ4/ `, �j t' Committee / Council / COMM T RE3COMMENDATION: The Committee recommends forwarding Option 1 to the April 21, 2015 City Council agenda for first Reading. Bob Celski, air Kelly+ aloney,Member I Lye Assefa-Daw o Member PROPOSED COUNCIL MOTION: t "1st Reading of Ordinance(April 21, 2015): "I move to forward the ordinance to the second reading for enactment on the May 5, 2015 City Council Ordinance Agenda." 2nd Reading of Ordinance (May 5, 2015): "1 move to enact the ordinance vacating a portion of S 336th Street to Kitts Corner LLC located on the south side of South 336th Street, adjacent to Lot 1 BLA 20140915900025." (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: April 6,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor r FROM• John Mulkey,P.E., Street Systems Manager Marwan Salloum,P.E., Public Works Director SUBJECT: Ordinance to Vacate a Portion of S 336th Street BACKGROUND: Kitts Corner LLC has petitioned the City to vacate a portion of South 336th Street, located on the south side of South 336th Street, adjacent to Lot 1 BLA 20140915900025. The area is a twenty-foot wide and varying in length from 85 feet to 60 feet portion of Right-of-Way along South 336th Street which was previously planned as an access to development of the Federal Way Village. The vacation was brought to Council on February 3, 2015, at which time a public hearing was held and the Council conditionally approved the vacation. The conditions of the vacation were for Kitts Corner LLC pay the City an amount of 50% of the appraised value of the property and obtain executed easements for utilities within the area to be vacated. Kitts Corner LLC have provided executed easements to the City and have paid an amount of$7,700.00 which is 50% of the appraised fair market value of the right-of-way to be vacated (1.468 square feet at $10.49 per square foot); all conditions for the street vacation have been met per the Council decision on February 3, 2015. cc: Project File Day File ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington, relating to vacating a portion of South 336th Street located on the south side of 13th Avenue South, west of 13th Avenue South adjacent to Lot 1 BLA 201409159000251 at Federal Way. WHEREAS,a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vacation of a portion of South 336th Street located on the south side of South 336th Street, west of 13th Avenue South, and adjacent to Lot 1 BLA 20140915900025 in Federal Way, Washington; and WHEREAS, pursuant to Resolution 15-674, the Federal Way City Council held a public hearing at its regular meeting on February 3, 2015,to consider the petition for vacation as required by Chapter 35.79 RCW and Chapter 4.20 FWRC; and WHEREAS, following the conclusion of the public hearing on February 3, 2015, the City Council considered the proposed vacation and its compliance with the criteria outlined in FWRC 4.20.120, and decided to grant the vacation pending satisfaction of the conditions outlined in Resolution 15-674 and payment of compensation by the owners of the abutting property; and WHEREAS,the property owners,Kitts Corner,LLC,have satisfied the conditions outlined in Resolution 15-674 and paid the City 50 percent of the appraised fair market value of the right-of-way to be vacated, in the amount of Seven Thousand Seven Hundred and No/100 Dollars($7,700.00); and WHEREAS,the property owners,Kitts Corner,LLC,have submitted easements to the City for all utilities crossing the area to be vacated for recording; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, Ordinance No. 15- Page 1 of 6 Rev 1/15 WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That portion of the right-of-way of South 336th Street, located on the south side of South 336th Street, west of 13th Avenue South, and adjacent to Lot 1 BLA 20140915900025 in Federal Way, Washington, as described in Exhibit"A"(legal description)and so depicted on Exhibit`B"(exhibit map)and Exhibit"C"(vicinity map)attached hereto,is hereby vacated. The property lying in the portion of the right-of-way described in Exhibit "A" shall be returned to and belong to those persons entitled to receive the property in accordance with state law. Section 2.Recordation.Upon passage, approval, and publication of this ordinance,the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections.Immediately following the recording of the deed,all easements required as a condition of the vacation will be recorded for those utilities crossing the vacated areas. Section 3. Severability.Should any section,subsection,paragraph,sentence,clause,or phrase of this chapter, or its application to any person or situation,be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this chapter or Y � Y gP 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. Ordinance No. 15- Page 2 of 6 Rev 1/15 Section 5.Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2015. 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. 15- Page 3 of 6 Rev 1/15 Federal Way Village,LLC Job No.1122-006-006 September 10,2014 Exhibit A pg.2 EXHIBIT A LEGAL DESCRIPTION FOR RIGHT OF WAY AREA TO SE VACATED That portion of the northeast quarter of the northeast quarter of Section 20,Township 21 North,Range 4 East W.M.,records of City of Federal Way,King County,Washington,lying westerly of primary state Highway No.1 (US 99);also being a portion of the land described in the Right of Way dedication recorded in under King County Recorder's No. 20110727000010,more particularly described as follows: COMMENCING at the northeast corner of said Section 20; THENCE along the north line of said section 20,N 88°45'01"W,1350.68 feet; THENCE S 01°14'59"W 52.00 feet to a point of curvature on the southerly margin of South 336th Street and the TRUE POINT OF BEGINNING; THENCE southerly,33.56 feet along said margin and the arc of a non-tangent curve to the right,having a radius of 22.00 feet,the radius point of which bears S 01°15'02"W,through a central angle of 87°23'51"; • THENCE S 88°4601"E,60.05 feet to a point of curvature; THENCE northerly,33.56 feet along the arc of a non-tangent curve to the right,having a radius of 22.00 feet,the radius point of which bears S 86°08'52"E,through a central angle of 87°23'51"to the southerly margin of South 336th Street; THENCE along said southerly margin,N 88°45'01"W,104.00 feet to the TRUE POINT OF BEGINNING; Containing 1,468 square feet,more or less. Written by: S.F. Checked by: Z.L r % % Ordinance No. 15- Page 4 of 6 Rev 1/15 EXHIBIT B TO ACCOMPANY'LEGAL DESCRIPTION FOR RIGHT OF WAY AREA TO BE VACATED A PORTION OF SECTION 20, T. 21 N., R. 4 E., W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON . I _ I I AREA TO BE I VACATED j POINT OF El I _ COMMENCEMENT f i ` ------ S 336TH ST — ----_ -- ilTRUE POINT i I — OF BEGINNING 1' (\ PARCEL. E 0) _ PROPOSED LOT LINE ` \.. I (i) PER FUTURE BLA \ \ LOT 4 PAF2�EL D 11 LOT 5 \�`� (BLA) r LOT 1 l� (BLA) \1 O z (BLA) ���. Q EXISTING LOT LINE I IP ARCEL C 1/ 111 I / ; LOT 3 II (\ i (BLA) III' \ 1/ \> I I \ESM—JOBS\1122\006\006\EXHIBITS\SR-08DWG ® CONSULTING ENGINEERS LLC SCALE: 1"=250' 33400 8TH AVE S I ® I 0 1 4.I JOB NO. 1122-006-006 Suite 205 Federal Way,WA 98003 FFDEPAL WAY M.21 a.,e-ai DRAWING NAME : SR—O8 EVENETT ass `4''"r' www.esmciviLcom DATE : 2014-09-10 DRAWN RFG Civil Engineering Land Surveying Land Planning Public Works ( Project Monogen,nt I Landscape Architecture Ordinance No. 15- Page 5 of 6 Rev 1/15 0 City of EXHIBIT C S 336th Street Vicinty Map N Federal Way Right of Way Vacation I l'! rip, ,, . I, i , A, . ,, 1111 !ii__ ___ Ihi , a. 0) 4W14 illi \ I,c)0, 7; IL : 1 iiiiimi, . : . -- r 1-5 ¢fib 1 Detail Map _____ 1 ...._ . 4 Cl. ...... Al 4-1011H A "f?l, 1 I CO 'H S 336TH ST �,1 '''t=N Vacation Area .-' 1 Ordinance No. This map is intended for use as a graphical representation. Page -- of--- The City of Federal Way makes no warranty as to its accuracy. COUNCIL MEETING DATE: April 21,2015 ITEM#: t 0 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Proposed code amendment related to the regulation of adult family homes under FWRC 19.105.080. POLICY QUESTION: Should the City Council adopt and enact the proposed ordinance amending FWRC 19.105.080 to reconcile apparent conflicts between the FWRC and state law? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2015 CATEGORY: D Consent E Ordinance Public Hearing El City Council Business Resolution Other DEPT: STAFF REPORT BY: Mark Orthmann,Assistant City Attorney CD/Law --- Attachments:Proposed Ordinance. Background: RCW 35A.63.240 prohibits cities from enacting regulations that treat residential structures occupied by persons with handicaps differently than other similar residential structures occupied by families or other unrelated individuals. FWRC 19.105.080 appears to conflict with that statute by imposing regulations on adult family homes in excess of those imposed on similar residential structures. The proposed amendment will remove the conflicting language and align the FWRC with state law. Options Considered: (1)Approve the proposed ordinance and forward to City Council for First Reading; or (2)Decline to adopt the ordinance as proposed and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends option number one to approve and forward the proposed ordinance to the April 21, 2015 City Council Meeting for First Reading. MAYOR APPROVAL: Aliff • 4111011:: 2-4,, DIRECTOR APPROVAL: pcif /,S Co Mee j000lgr Councx Initial/I) e Initial/Date Initial/Date CHIEF OF STAFF: 4 , 6i I , r Co 'fee Counc. Imh. /Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on April 21, 2015. .011' 1 a nigt, e..c. t 41:0,4 - 4, Bob Celski, C air Kelr9 Maloney,Membee Ly 4 Assefa- ; ,, on, ember PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (APRIL 21): "I move to forward approval of the ordinance to the May 5, 2015 Council Meeting for enactment. " 2ND READING OF ORDINANCE(MAY 5): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL# Vic o DENIED 1ST reading 0 TABLED/DEFERRED/NO ACTION Enactment reading o MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION 14 ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington,relating to the regulation of Adult Family Homes; amending FWRC 19.105.080 (Amending Ordinance No. 09-605). WHEREAS,the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code("FWRC"),"Zoning and Development Code,"in order to conform to state and federal law, codify current practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS,this ordinance,containing amendments to development regulations and the text of Title 19 FWRC,has complied with Process VI review,Chapter 19.80 FWRC,pursuant to Chapter 19.35 FWRC; and WHEREAS, RCW 35.63.220 states that cities may not enact or maintain an ordinance, development regulation,zoning regulation or official control,policy,or administrative practice that treats a residential structure occupied by persons with handicaps differently than a similar structure occupied by a family or other unrelated individuals; and WHEREAS, "handicaps"are as defined in the Fair Housing Amendments Act of 1988,42 U.S.C. 3602; and WHEREAS,portions of FWRC 19.105.080(1),(4),(7),and(8)appear to conflict with RCW 35.63.220; and WHEREAS, it is in the public interest for the City Council to adopt amendments to FWRC 19.105.080,which regulates adult family homes; and Ordinance No. 15- Page 1 of 6 Rev 1/15 WHEREAS, the proposed FWRC text amendments bear'a substantial relationship to the public health,safety,and general welfare because it brings the FWRC into compliance with statutory requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601-19; and WHEREAS,the portions of FWRC 19.105.080 that appear to conflict with RCW 35.63.220 have never been enforced by the City and the proposed FWRC text amendment codifies the City's current practices regarding the regulation of adult family homes; and WHEREAS, the proposed FWRC text amendments result in no substantive changes respecting use or modification of the environment and are therefore categorically exempt from compliance with the State Environmental Protection Act pursuant to FWRC 14.15.020 and WAC 197-11-800(19); and WHEREAS, the Planning Commission conducted a public hearing on these code amendments on March 4, 2015, and forwarded a recommendation to the Land Use and Transportation Committee of the Federal Way City Council; and WHEREAS,the Land Use and Transportation Committee considered these code amendments on April 6,2015,and recommended adoption of the text amendments as recommended by staff and 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. Ordinance No. 15- Page 2 of 6 Rev 1/15 (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by bringing the City's code regulating adult family homes into compliance with state law. (b) These code amendments comply with the Growth Management Act,Chapter 36.70A RCW. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1,the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with,and substantially implement, the Federal Way Comprehensive Plan by ensuring that the FWRC complies with state and federal law. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it because it brings the FWRC into compliance with statutory requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601-19. Ordinance No. 15- Page 3 of 6 Rev 1/15 (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it removes apparent conflicts with RCW 35.63.220. Section 3. FWRC 19.105.080 is hereby amended to read as follows: 19.105.080 Adult family homes. Adult family homes are residential uses that are permitted in any zoning district where residential uses are permitted; provided, that they meet all of the following criteria: {1) The use must be operated as part of a principal residential use. (1)(2)The use must be licensed by the state, if required. x{33 All city licensing, zoning, building, housing, and fire regulations applicableto t he underlying y g type of housing in which the use exists (i.e., single family residence, multifamily residence, etc.) must be met. 13)(4)-Lot size, building size, setbacks, and lot coverage must conform to those applicable to the zoning district of the subject property except if the structure is legally nonconforming. If the lot or revirw, (4)(5) No more than two persons who are not residents of the dwelling unit may be employed or ) p 9 Y work in the adult family home at ary one time. (5)(6)One off-street parking space must be provided for each nonresidentemployee or worker in addition to the spaces required by the zoning district for the residential use. {8) Only those interior alterations oustewriary to residential use shall be made. Section 4. Severability.Should any section,subsection,paragraph,sentence,clause,or phrase of this chapter, or its application to any person or situation,be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this chapter or Ordinance No. 15- Page 4 of 6 Rev 1/15 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, p p phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,phrases, or portions be declared invalid or unconstitutional. Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6.Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7.Effective Date. This ordinance shall take effect and be in force five(5)days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of Y tY t3' Y Y , 20 . CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC Ordinance No. 15- Page 5 of 6 Rev 1/15 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. 15- Page 6 of 6 Rev 1/15 COUNCIL MEETING DATE: April 21,2015 ITEM#: 4Z C./ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: CHRISTIAN FAITH CENTER FRANCHISE EXTENSION POLICY QUESTION: Should Council pass the proposed ordinance extending the term for the current franchise with the Christian Faith Center for an additional 10 years? COMMITTEE: LUTC MEETING DATE: April 6,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ryan Call DEPT: Law Attachments: The proposed ordinance is attached. Options Considered: 1) Pass the ordinance as drafted and extend the term of the franchise agreement for another 10 years. 2) Decline to extend the franchise term and provide guidance to staff. MAYOR'S RECOMMEND, " ON: Option#1 MAYOR APPROVAL: _ 3 S.) 01/v DIRECTOR APPROVAL: 3 ?,(e i S Co ittee Coun inihal/Datel ' InitiaUDate hal/Date i CHIEF OF STAFF: L�,� 3 �/�! i' `& i1 yr Com 'e9 Co c', Initial/Da- Mat./Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on April 21, 2015. -4■ e. 4110 41 Committee Chair C mittee Member Commi Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (APRIL 21): "I move to forward approval of the ordinance to the May 5, 2015 Council Meeting for enactment." 2ND READING OF ORDINANCE(MAY 5): "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—1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: March 26,2015 TO: City Council Members VIA: Mayor Jim Ferrell FROM: Ryan Call,Assistant City Attorney SUBJECT: Christian Faith Center Franchise Renewal Background Information: The Christian Faith Center(CFC)currently has a franchise agreement authorizing a trench for utility conduits under 20th Avenue South.The original franchise took effect June 16,2005 and was for a 10-year term with an option to extend for another 10 years at the request of either party.As the utility trench persists,and is likely to remain for the foreseeable future,a franchise agreement is required to authorize the CFC to continue to use the public right-of- way. The proposed ordinance will implement the extension clause of the original franchise and grant the CFC use of the right-of-way for an additional 10 years. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT ESTABLISHED IN ORDINANCE 05-489 AND GRANTING CHRISTIAN FAITH CENTER NONEXCLUSIVE RIGHTS TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WITHIN THE SPECIFIED FRANCHISE AREA FOR PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING OPERATING AND REMOVING CABLE, VOICE, DATA, MECHANICAL AND FIRE ALARM CONDUITS WITHIN AND THROUGH CERTAIN RIGHTS-OF-WAY AND STREETS WITHIN THE CITY OF FEDERAL WAY; (AMENDING ORDINANCE NO. 05-489). WHEREAS, Christian Faith Center has previously requested a franchise from the City of Federal Way in order to construct, operate and maintain cable, voice, data and mechanical conduits within certain rights-of-way as depicted in Exhibit A attached hereto and incorporated herein;and WHEREAS, the City Council of Federal Way previously found that it is in the public interest to grant such a franchise and did grant a franchise that specifies the rights and duties of Christian Faith Center through a franchise; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for things such as conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for water, sewer and other private and publicly owned and operated facilities; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; and Ordinance No. 15- Page 1 of 5 Rev 1/15 LU WHEREAS, Section 4 of the franchise established in Ordinance 05-489 allows the parties to extend the term of the original 10-year franchise for an additional term of 10 years,and the Christian Faith Center has expressed a desire to do so; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to extend this franchise for an additional 10 year term; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The term of the franchise established in Ordinance 05-489 and attached as Exhibit A is extended for an additional ten (10) years commencing on the effective date of this ordinance. 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 any other persons or circumstances. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. Ordinance No. 15- Page 2 of 5 Rev 1/15 LU PASSED by the City Council of the City of Federal Way this day of ,20 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. 15- Page 3 of 5 Rev 1/15 LU ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms,conditions and obligations contained therein. DATED this day of ,2015. CHRISTIAN FAITH CENTER BY: TITLE: Ordinance No. 15- Page 4 of 5 Rev 1/15 LU EXHIBIT A Ordinance No. 15- Page 5 of 5 Rev 1/15 LU ORDINANCE NO.05-489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,WASHINGTON,GRANTING CHRISTIAN FAITH CENTER A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA TO CONSTRUCT,MAINTAIN,REPAIR, OPERATE, AND REMOVE CABLE, VOICE, DATA, MECHANICAL,SPRINKLER AND FIRE ALARM CONDUITS WITHIN AND THROUGH CERTAIN RIGHTS OF WAY AND STREETS WITHIN THE CITY OF FEDERAL WAY. WHEREAS,Christian Faith Center has requested a franchise from the City of Federal Way, in order to construct, operate and maintain cable, voice, date, and mechanical conduits through certain public rights-of-way,including 20`h Avenue South;and WHEREAS, 20th Avenue South has not yet been constructed but will be constructed by Christian Faith Center and will be dedicated to the City of Federal Way and the requirements of this franchise agreement will take effect upon dedication of 20th Avenue South to the City of Federal Way;and WHEREAS,the City Council of Federal Way finds that it is in the public interest to grant such a franchise,which will specify the rights and duties of Christian Faith Center;and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets,bridges or other public ways for,inter alia,conduits,wires and appurtenances for transmission of signals and other methods of communications;and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; ORD#05-489,PAGE 1 ORIGINAL NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City"means the City of Federal Way,Washington,a municipal corporation of the State of Washington,and its respective successors and assigns. 1.2 "Council"means the City of Federal Way Council acting in its official capacity. 1.3 "Director"means the Public Works Director,or designee,of the City of Federal Way Public Works Department. 1.4 "Facilities"means Franchisee's equipment to be located within the public right-of- way. 1.5 "FWCC"means the Federal Way City Code. 1.6 "Franchise Area"means only that portion of the 20TH Avenue South rights-of-way located in the City of Federal Way and shown in Exhibit A.1,Exhibit A.2 and Exhibit A.3 attached hereto,and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.7 "Franchisee"means Christian Faith Center,a Washington non-profit corporation,and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 24 herein. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing,excavating,installing,maintaining,restoring,and repairing ORD#05-489,PAGE 2 Facilities within the Franchise Area.This franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This franchise does not permit Franchisee to lease,rent,or otherwise allow use of conduits,space or capacity provided by the Facilities to other third-party telecommunications providers,and Franchisee covenants and agrees that it will not do so. 2.2 Acceptance by Franchisee.Franchisee shall have no rights under this Franchise,nor shall Franchisee be bound by the terms and conditions of this Franchise,unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on,under,over,across,or to otherwise use City-owned or leased properties of any kind outside the Franchise Area,or to install Facilities on,under,over,across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten(10)years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. At any time not more than two(2)years nor less than one-hundred-eighty(180)days before the expiration of the Franchise term either party may request a renewal of the Franchise for an additional ten (10) year renewal period. Section 5. Location of Facilities 5.1 Location. The Facilities permitted by this Franchise shall be installed underground. ORD#05-489,PAGE 3 The location of the Facilities,including the underground Facilities and appurtenances,their depths below surface of ground or grade of a right-of-way,and any related existing equipment to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty(30)days of the installation of the Facilities. Upon written request of the City,Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map(or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements,nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data.At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements,Franchisee shall at the City of Federal provide request,reasonable re uest, rovide the location of Franchisee's underground Facilities within the Fr n hi s e Area by either field markings or by locatin g the Facilities on the City's design drawings,and shall provide all other reasonable cooperation and assistance to the City. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and City Code requirements, franchise provisions,regulations,resolutions and rules, as now existing or as hereafter amended;and (3)as required by the Director. This requirement applies whether or not the work is performed by the Franchisee,its agents,employees,subcontractors,or other third parties at Franchisee's direction. ORD#05-489, PAGE 4 Section 7. Requirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall,at its expense,obtain all permits,(including rights-of-way permits),and pay all permit fees required by applicable City ordinances,regulations,resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed facilities to be constructed,laid,installed,or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to such as, but not limited to scale, designate rights-of-way by their names and improvements, s , sidewalks,curbs,gutters,shoulders of roadway,ditches,paved roadways,roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied,or as required by the Director. The Franchisee shall specify the class and type of materials to be used,equipment to be used,and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new condition for its type and kind. The manner of excavation, construction, installation, back fill, and temporary structures such as,but not limited to,traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit,and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger property, or the life, health or safety of any individual, ORD#05-489,PAGE 5 • Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of the emergency,and the work to be performed, prior to commencing the work; and (2)such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. Section S. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet(100')without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched,either temporarily or permanently,before the end of the work day in which they have been opened. Trench areas within the right-of-way,but not within a driving lane,must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty(30)days and shall be equal to or better than the surface condition prior to permit issuance. Any asphalt overlay completed within the Franchise Area during the five(5)year-period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut,whether in an emergency or otherwise,for a minimum of one(I)block(approximately 500 feet)in length in both directions from the open cut, unless determined otherwise by the Director. Within fifteen(15)days of completion of any installation of Franchisee's Facilities within the Franchise Area,Franchisee shall submit to the Director plans,stamped by a Professional Engineer licensed by the State of Washington, showing the"as-built"location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall,using a licensed surveyor,immediately replace all markers or monuments ORD#05-489,FACE 6 disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost,destroyed or disturbed monuments or markers. Section 10. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area,Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed,and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. Section 11. Right of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten(10)days after Franchisee receives written notice from the City regarding the noncompliance,the City may,but in no event is the City obligated to,order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee,Franchisee shall,upon the City's written request,immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees. However,the ORD#05-489,PAGE 7 City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Required Relocation of Facilities 12.1 City Reservation of Rights. The City reserves the right to use,occupy and enjoy all or any part of the Franchise Area,either above,below,or adjacent to the Facilities,for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include,without limitation,the construction,installation,and/or maintenance of any electrical,water, sewer or storm drainage line,traffic signals,street lights,trees,landscaping,bicycle paths and lanes, equestrian trails,sidewalks,other pedestrian amenities,and other public street improvement projects. This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under,over, upon, and along the Franchise Area,nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. 12.2 City's Duties. An the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area,the City shall: (a) Provide written notice of the required relocation to Franchisee within a reasonable time prior to the commencement of such City work;and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommodate the City work. Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to relocate its Facilities,at Franchisee's sole cost, for any improvement project undertaken by,or on ORD#05-489,PAGE 8 behalf of, the City in the interest of public health, safety, welfare, necessity or convenience, as adjudged in the sole discretion of the City. 12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to Subsection 12.2(b),Franchisee shall raise,lower,or move such Facilities within the Franchise Area at its sole cost and expense to the location or position directed by the City, to cause the least interference with the improvement,repair,or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a right-of-way,Franchisee shall,at its sole cost and expense,upon receipt of notice,replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the right-of-way. 12.4 The provisions of this Section shall in no manner preclude or restrict the Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City,where the Facilities to be constructed by said person or entity are not or will not become City-owned, operated or maintained Facilities; provided that such arrangements do not unreasonably delay a City improvement project. Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way,or to public and private improvements within or adjacent to rights-of- way,the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage,immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way,or to public and private improvements within or adjacent to rights-of- ORD#05-489,PAGE 9 way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement as required in this section,the City may repair the damage pursuant to Section 11 of this Agreement. Section 14. Default 14.1 Notice of Default. In addition to other remedies set forth herein,if Franchisee shall fail to comply with any of the provisions of this Franchise,the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty(60)days from the receipt of such notice in which to comply. 14.2 Revocation of Franchise.If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise immediately revoked. Section 15. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 16. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law,all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Area conferred by this Franchise. Section 17. Vacation If at any time the City,by ordinance,vacates all or any portion of the Franchise Area,the City ORD#05-489,PAGE I0 will not be liable for any damages or loss to the Franchisee by reason of such vacation.The City shall notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise Area. The City may,after thirty(30)days written notice to Franchisee,terminate this Franchise with respect to any such vacated area. Section 18. Compliance with Laws 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises,resolutions,regulations,standards,policies and procedures,as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act;provided, however,that if any term or condition of this Franchise and any term or condition of any City law, code,franchise,resolution,regulation,standard,procedure,permit or approval are in conflict,the term or condition of this Franchise will control. 18.2 Future City ty of Federal Way Regulation. Franchisee acknowledges that the City may develop rules,regulations,ordinances and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 20. Charge for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision,inspection ORD#05-489,PAGE 11 or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code. Section 21. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City,its elected officials, officers,employees, agents,and volunteers 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 from,resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise;provided,however,that this section shall not be construed as requiring Franchisee to indemnify,hold harmless or defend the City against claims or damages arising from the negligence of the City,its agents or employees. In the event any claim, demand, suitor action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 21,the City shall promptly notify Franchisee thereof.Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval,which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City,which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise,Franchisee agrees to defend,hold harmless and indemnify the City to the maximum extent permitted thereunder,to the full extent of Franchisee's negligence. ORD#05-489, PAGE 12 Section 22. Insurance 22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance,in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability,contractual coverage, operations,explosion, collapse, underground and property damage;and • (c) Automobile liability insurance with combined single limits of liability not less than$5,000,000 for bodily injury,including personal injury or death and property damage. 22.2 Mandatory Insurance Provisions.The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City,its officers,elected officials,employees,and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability; Coverage shall not be suspended,canceled,modified or reduced except after thirty(30)days prior written notice to the City delivered by certified mail,return receipt requested;and Coverage shall be primary as to the City, its officers, officials,employees and volunteers.Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance: ORD#05-489,PAGE 13 22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request,Franchisee shall deliver certified copies of all required insurance policies. Section 23. Bond Franchisee shall post a bond before commencing any work within the City to guarantee performance of construction,maintenance or repair in accordance with any permits required by this Franchise. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required,the City may perform the work as provided herein,and may have recourse to the bond in addition to or in lieu of the remedies provided herein,at the City's sole discretion. Section 24. General Provisions 24.1 Entire Agreement.This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 24.3 Assignment.Franchisee shall not 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 City. Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions ORD#05-489,PAGE 14 of this Franchise.Notwithstanding the foregoing,Franchisee shall have the right,without such notice or such written consent,to mortgage its rights,benefits and privileges in and under this Franchise to the Trustee for its bondholders. 24.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise,and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due,or to become due hereunder,in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys'fees,costs and expenses.The venue for any dispute related to this Franchise shall be King County,Washington. 24.5 No Waiver.Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof,or delay in taking any action in connection therewith,shall not waive such breach or default,but such party shall have the right to declare any such breach or default at any time.Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 24.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 24.8 Notices.Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: ORD#05-489,PAGE 15 Franchisee: City: Christian Faith Center City of Federal Way Attn:Ellen Kenison Attn: City Attorney PO Box 98600 33325 8th Avenue South Seattle,WA 98198 P.O. Box 9718 Federal Way,WA 98063 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 herein.Any notice so posted in the United States mail shall be deemed received three(3)days after the date of mailing. ( y 24.9 Captions.The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24.10 Remedies Cumulative.Any remedies provided for under the terms of this Franchise 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. Section 25. Severability If any section, sentence,clause, or phrase of this Franchise 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 Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 27. Effective Date This ordinance shall take effect and be in force 30 days from the time of its final passage,as ORD#05-489,PAGE 16 provided by law, provided it has been duly accepted by Franchisee as herein provided.above. PASSED by the City Council of the City of Federal Way this 17th day of Ma y ,20 05 . • CITY OF FEDERAL WAY :e_____7 ) • bef/AYOR,DE.i MCCOLGAN • TEST: ( / .46._)■I/ - L d_de, -Air-. CIT CLERK,N. CHRISTINE GREEN, CMC . APPROVED AS TO FORM: CITY ATTORNEY,PATRICIA A.RICHARDSON FILED WITH THE CITY CLERK: 4/27/2005 PASSED BY THE CITY COUNCIL: 5/17/2005 PUBLISHED: 5/21/2005 EFFECTIVE DATE: 6/16/2005 ORDINANCE NO.: 05-489 ACCEPTANCE: . 05-489 ORD# PAGE 17 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms,conditions and obligations contained therein. DATED this day of ,2005. CHRISTIAN FAITH CENTER By:Casey Treat Its: President • K:\CFC\Franchise\Franchise Fedrac 4.26.05 ORD#05-489,PAGE 18 _ to _:....( 11.1i''. C7 .h.illl r . y - Iii 11.1 to O ;r W Q7 D r- -1m CZ m °cQm -..• :, 73Zx 0X0 ■-. DDm � at,. 41 rig } fGI D \ i v• TV 1,101.11,110;111P1.111111 (91 ' I'lli 45 ti, . A-pp XI p ;i`+1I11.l11111s1� .i ale • z �11..11..11�r i — c. 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COMMITTEE: LUTC MEETING DATE:April 6,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ryan Call DEPT: Law Attachments: The proposed ordinance is attached. Options Considered: 1) Pass the ordinance as drafted and extend the term of the franchise agreement for another 10 years. 2) Decline to extend the franchise term and provide guidance to staff. MAYOR'S RECOMMENDATION: Option#1 MAYOR APPROVAL: 3/3e)$ $27 3,4//S-DIRECTOR APPROVAL: 3/Nol d;:2' Commi ee Initial/Date Initial/Date Initi. '�r[. CHIEF OF STAFF: _ 11,4 �,., A 1 J/Afig v Comm . it or Initi�►.t / I /Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on April 21, 2015. er Committee Chair c4Inmittee Member a Committ.: em.er PROPOSED COUNCIL MOTION(S): 1sT READING OF ORDINANCE (APRIL 21): "I move to forward approval of the ordinance to the May 5, 2015 Council Meeting for enactment." 2ND READING OF ORDINANCE(MAY 5): "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—1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: March 26, 2015 TO: City Council Members VIA: Mayor Jim Ferrell FROM: Ryan Call,Assistant City Attorney SUBJECT: Twin Lakes Golf and Country Club Franchise Renewal Background Information: Twin Lakes Golf and Country Club currently has a street franchise agreement authorizing use of the public right-of-way for the maintenance and use of an irrigation system needed for the golf course. The original franchise took effect January 9, 2005 and was for a 10-year term with an option to extend for another 10 years at the request of either party.As the irrigation system persists, and is likely to remain for the foreseeable future, a franchise agreement is required to authorize the Twin Lakes Golf and Country Club to continue to use the public right-of-way. The proposed ordinance will implement the extension clause of the original franchise and grant the Twin Lakes Golf and Country Club use of the right-of-way for an additional 10 years. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT ESTABLISHED IN ORDINANCE 05-512 AND GRANTING TWIN LAKES GOLF AND COUNTRY CLUB NONEXCLUSIVE RIGHTS TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WITHIN THE SPECIFIED FRANCHISE AREA, FOR PURPOSES OF MAINTAINING, REPAIRING AND OPERATING AN IRRIGATION SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY; (AMENDING ORDINANCE NO. 05-512). WHEREAS, Twin Lakes Golf and Country Club has previously requested a franchise from the City of Federal Way in order to operate,maintain, and repair an irrigation system within certain rights-of-way as depicted in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City Council of Federal Way previously found that it is in the public interest to grant such a franchise and did grant a franchise that specifies the rights and duties of Twin Lakes Golf and Country Club through a franchise; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for things such as poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for water, sewer and other private and publicly owned and operated facilities; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; and WHEREAS, Section 4 of the franchise established in Ordinance 05-512 allows the parties to extend the term of the original 10-year franchise for an additional term of 10 years, and the Twin Lakes Golf and Country Club has expressed a desire to do so; and Ordinance No. 15- Page 1 of 5 Rev 1/15 LU WHEREAS, the City Council of Federal Way finds that it is in the public interest to extend this franchise for an additional 10 year term; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. The term of the franchise established in Ordinance 05-512 and attached as Exhibit A is extended for an additional ten (10) years commencing on the effective date of this ordinance. 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 any other persons or circumstances. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. • Ordinance No. 15- Page 2 of 5 Rev 1/15 LU PASSED by the City Council of the City of Federal Way this day of 20_ 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. 15- Page 3 of 5 Rev 1/15 LU ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms,conditions and obligations contained therein. DATED this day of ,2015. TWIN LAKES GOLF AND COUNTRY CLUB BY: TITLE: Ordinance No. 15- Page 4 of 5 Rev 1/15 LU EXHIBIT A Ordinance No. 15- Page 5 of 5 Rev 1/15 LU ORDINANCE NO.0 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,WASHINGTON,GRANTING TWIN LAKES GOLF .AND COUNTRY CLUB, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS- OF-WAY OF THE CI'T'Y OF FEDERAL WAY, WASHINGTON,WITHIN THE SPECIFIED FRANCHISE • AREA FOR. THE PURPOSES OF MAINTAINING, REPAIRING AND OPERATING AN IRRIGATION SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS,Twin Lakes Golf and Country Club has requested a franchise from the City of Federal Way, in order to operate, maintain, and repair an irrigation system within certain rights-of-way as depicted in Exhibit A attached hereto and incorporated herein;and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise,which will specify the rights and duties of Twin Lakes Golf and Country Club through a franchise; and • WHEREAS,RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter cilia for poles, conduits,tunnels,towers and structures,pipes and wires and appurtenances thereof for water, sewer and other private and publicly owned and operated facilities;and WHEREAS,in granting such a nonexclusive franchise,the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD#0S- , PAGE t • C- 3 Section 1. Definitions Where used in this Franchise the Following terms shall be defined as follows: 1.1 "City"means the City of Federal Way,Washington,a municipal corporation of ' • the State of Washington,and its respective successors and assigns. 1.2 "Council"means the City of Federal Way Council acting in its official capacity. 1.3 "Director"means the Public Works Director,.or designee,of the City of Federal • Way Public Works Department. 1.4 "Facilities";means Franchisee's pipes and equipment to be located within the public right-of-way. 1.5 "FWCC"means the Federal Way City Code. 1.6 "Franchise Area"means rights-of-way located in the City of Federal Way and •.) shown in Exhibit A attached hereto,and/or any other areas approved by the Federal Way City 1 Council and incorporated into this Ordinance via amendment. The Franchisee shall place Facilities on the rights-of-way in the Franchise Area only and not on any other public property, owned in whole or in part,leased,or otherwise occupied by the City. 1.7 "Franchisee" means Twin Lakes Golf and Country Club, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 25 herein. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing,excavating,installing, maintaining, restoring, and repairing Facilities within the Franchise Area..This franchise is ORD# D$- la ,PAGE 2 C- 4- specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this - Franchise,nor shall-Franchisee be bound by the terms and conditions of this Franchise,unless Franchisee shall,within thirty(30)days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area City Property This Franchise does not and shatl not convey any right to Franchisee to install its Facilities on,under,over,across,or to otherwise use City-owned or leased properties of any kind outside the Franchise Area,or to install Facilities on,under,over,across or otherwise use any City owned or leased property within the Franchise Area other than public roads,streets, avenues,alleys and highways. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2,the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated,earlier pursuant to this Franchise or other applicable law. This Franchise may be renewed for one additional ten (10) year period upon written request of Franchisee,not more than two(2)years or less than one hundred eighty(180)days prior to the expiration of the initial term. Section 5. Location of Facilities 5.1 Location. The Facilities permitted by this Franchise shall be installed underground. The location of the Facilities, including the underground Facilities and ORD# /JS_S/ - .,PAGE 3 • appurtenances,their depths below surface of ground or grade of a right-of-way,and any related existing equipment to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty(30)days of the installation of the Facilities. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At.such time as Franchisee develops or employs Geographic Information System("GIS") technology,Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location()fits Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections,renovate existing streets,or make any other public improvements,Franchisee shall at the City's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings,and shall provide all other reasonable cooperation and assistance to the City. 5.4 Utilities. Nothing herein is intended to relieve the parties of their respective obligations arising under Chapter 19.122 RCW or other a pp licable law with respect to determining the location of utility facilities prior to construction. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities,perform any and all activities,and exercise ORD#0,s5/9_ ,PAGE 4 - b any and all rights authorized by this Franchise:(1)so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and City ordinances,requirements, franchise provisions,regulations,resolutions,rules,and policies as now existing or as hereafter amended;and(3) as required by the Director. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors,or other third parties at Franchisee's direction. • Section 7. Requirement to Obtain Permits 7.1 Permits and Permit Applications, Franchisee shall,at its expense,obtain all permits,including rights-of-way permits,and pay all permit fees required by applicable City ordinances,regulations,resolutions,rules and policies prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed facilities to be constructed,laid,installed,or erected at that time,show their relative position to existing rights-of-way or property lines upon prints drawn to scale,designate rights- of-way by their names and improvements,such as,but not limited to,sidewalks,curbs,gutters, shoulders of roadway,ditches,paved roadways,roadways to property lines,turnouts,parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used,equipment to be used,and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new condition for its type and kind. The manner of excavation,construction,installation,backfill,and temporary structures such as; but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to.the Director. All traffic control shall be in ORD# ©S-S 1 . ,PAGE 5 C-7 accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the,dangerous condition without first obtaining any required permit so long as:(1)Franchisee informs the City of nature and extent of the emergency,and the work to be performed,prior to commencing the work;and(2)such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. 7.3 Routine Maintenance. Franchisee shall have the right to conduct routine maintenance to repair, modify, supplement, replace or upgrade the Franchisee's Facilities, provided that the Franchisee shall obtain any necessary right of way use permit and any other permits or authorizations required by all applicable federal, state, and local laws, rules and regulations prior to the performance of any said routine maintenance. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet(100') without immediately backfilling and compacting to surface grade and city standards. Backfi lied trench areas within a driving lane must be patched,either temporarily or permanently,before the end of the work day in which they have been opened. Trench areas within the right-of-way,but 'not within a driving lane,must also be patched within the time limits specified by the City on ORD# Q.S.,.5427--;PAGE 6 C_ g the right-of-way use permit. Final surface restoration shall be completed within thirty(30)days and shall be equal to or better than the surface condition prior to permit issuance. Any asphalt overlay completed within the Franchise Area during the five(5)year-period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise,for a minimum of one(1)block(approximately 500 feet)in length in both directions from the open cut,unless determined otherwise by the Director_ Within fifteen (15) days of completion of any installation of Franchisee's Facilities • within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington,showing the"as-built"location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost,destroyed or disturbed monuments or markers. Section 10. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area that disturbs any monument or marker, Franchisee shall, using a licensed surveyor, reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's - operations under this Franchise. The method of referencing these monuments or other points ORD#a .,/67 , PAGE 7 C-9 shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit,and as directed by the City. The cost of monuments or other markers lost,destroyed,or disturbed,and the expense of replacement of the monuments,shall . be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. Section 11. Right of City Complete Work� tY to p In the event Franchisee fails to comply with any applicable federal,state or City laws, ordinances,rules,regulations,standards or policies or with any of the terms of this Franchise, and such noncompliance continues for a period often(10)days after Franchisee receives written notice from the City regarding the noncompliance,the City may, but in no event is the City obligated to,order any work completed,including without Limitation Franchisee's obligation to repair pursuant to Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section I2 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee,Franchisee shall,upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed,which costs may include the City's reasonable overhead expenses and attorneys fees. Section 12. Required Relocation of Facilities 12.1 City Reservation of Rights. The City reserves the right to use,occupy and enjoy all or any part of the Franchise Area,either above,below,or adjacent to the Facilities,for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include,without Limitation,the construction,installation,and/or maintenance of • ORD#03 ,PAGE 8 C-1© any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping,bicycle paths and lanes, equestrian trails,sidewalks,other pedestrian amenities, and other public street improvement projects. This,Franchise is not an exclusive and Franchise shall not be construed to in any manner prohibit the City from granting other and further Franchises in,under,over,upon,and along the Franchise Area,nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. 12.2 City's Duties. In the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's facilities are located,and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area,the City shall: (a) Provide written notice of the required relocation to Franchisee within a reasonable time prior to the commencement of such City work;and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications so that Franchisee may relocate its Facilities to accommodate the City work. Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by,or on behalf of,the City in the interest of public health,safety,welfare,necessity or convenience,as adjudged in the sole discretion of the City. • 12.3 Franchisee's Duties. Within thirty(30)days of receipt of the City notice under Subsection 12.2(a)requiring relocation and receipt of the plans and specifications pursuant to Subsection 12.2(b),Franchisee shall raise,lower,or move such Facilities within the Franchise ORD# D4 -S(2-, PAGE 9 C- 11 Area at its sole cost and expense to the location or position directed by the City, to cause the [east interference with the improvement, repair,or alteration contemplated by the City and to conform to such new grades as may be established, If the City improves a right-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the right-of-way. 12.4 Other Relocation. Whenever any person or entity,other than the City,requires the relocation of Franchisee's Facilities to accommodate.the work of such person or entity within the Franchise Area;or,whenever the City requires any person or entity undertaking any work(other than work undertaken at the City's cost and expense or on the City's behalf as described below)within the Franchise Area to undertake any street improvement project in or use of the`Franchise Area as authorized under Subsection 12, and such work, street improvement project or other use necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area,then Franchisee shall have the right as a condition of any • such relocation to require such person or entity to make payment to Franchisee,at a time and upon terms acceptable to Franchisee,for anyand all costs and expenses incurred by Franchisee in the relocation of Franchisee's Facilities. Any condition or requirement imposed by the City upon any person or entity(including, without limitation, any condition or requirement imposed pursuant 'to any contract or in conjunction with approvals or permits for zoning,land use,construction or development)which necessitates the relocation of Franchisee's Facilities within the Franchise Area shall be a required relocation for purposes of this Subsection 12.4;provided,however,(a)in the event the ORD#06 ,.PAGE 10 City reasonably determines(and promptly notifies Franchisee in writing of such determination) that the primary purpose of imposing such condition or requirement upon such person or entity is to cause the construction of an electrical,water,sewer or storm drainage line,a public street improvement(including without limitation the construction or installation of any traffic signals, streetlights, trees, landscaping, bicycle paths and lanes,equestrian trails,sidewalks,or other pedestrian amenities),on the City's behalf,and(b)such public street improvement is otherwise reflected in the current "capital facilities"element of the City's comprehensive plan or other similar City Council-approved improvement plans,then only those costs and expenses incurred by Franchisee in integrating and connecting such relocated Facilities with Franchisee's other Facilities shall be paid to Franchisee by such person or entity,and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise Area in accordance with the provisions of Subsection 12.3. , Section 13. Damage Repair In case of damage by the Franchisee,its agents or employees or by the Facilities of the Franchisee to rights-of-way,or to public and private improvements within or adjacent to rights- of-way,the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall,upon discovery of any such damage,immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way,or to public and private improvements within or adjacent to rights-of-way,the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not OID# 05 -Sq , PAGE 11 c_ l3 repair a right-of-way or an improvement as required in this section, the City may repair the damage pursuant g p rs ant to Section 11 of this Agreement_ 1�ee m nt. Section 14. Default 14.1 Notice of Default. In addition to other remedies set forth herein,if Franchisee shall fail to comply with any of the provisions of this Franchise,the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty(60)days from the receipt of such notice in which to comply. 14.2 Revocation.of Franchise.If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise immediately revoked. Section 15. Nonexclusive Franchise j This Franchise is not an exclusive franchise.Without limiting Franchisee's rights under this Franchise,this Franchise shall not in any manner prohibit the City from granting other and further franchises in,under,over,upon,and along the Franchise Area. This Franchise shall not prohibit or prevent the City from using the Franchise Area for any reason not inconsistent with this Franchise or affect the jurisdiction of the City over the Franchise Area or any part thereof. The City reserves the right to use,occupy and enjoy the Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise,including without limitation, the construction of any electrical, water, sewer or storm drainage line, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails,sidewalks, other pedestrian amenities,and other public street improvement projects. ORD# ,PAGE 12 Section 16. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the . Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee_ Section 17. Eminent Domain • The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shalt be attributed to the right to occupy-the Area conferred b'y this Franchise. Section 18. Vacation ). If at any time the City,by ordinance,vacates all or any portion of the Franchise Area,the City will not be liable for any damages or loss to the Franchisee by reason of such vacation.The City shall notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise Area. The City may,after thirty(30)days written notice to Franchisee,terminate this Franchise with respect to any such vacated area. Section 19. Compliance with Laws 19.1 General. Franchisee shall comply with all applicable federal,state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted,including without limitation the State Environmental Policy Act; provided,however,that if any term or condition of this Franchise and any term or condition of ORD#QS-S/? , PAGE 13 c_ tS any City law,code,franchise,resolution,regulation,standard,procedure,permit or approval are in conflict,the term or condition of this Franchise will control. 19.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may develop rules,regulations,ordinances and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.. Section 20. Guarantee • Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 21. Charge for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code_ Section 22. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected . officials,officers,employees,agents,and volunteers 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, ORD#t �J j2 ,PAGE 14 arising from,resulting from,or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents,employees,or by the Franchisee's breach of any provisions of this Franchise;provided, • . however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees.em 1 In the event any claim,demand,suit or action is commenced p y y n mrrtenced against • the City that gives rise to Franchisee's obligation pursuant to this Section , the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City,which shall not be unreasonably withheld. The City shall have the right at all.times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise,Franchisee agrees to defend,hold harmless and indemnify the City to the maximum extent permitted thereunder,to the full extent of Franchisee's negligence_ Section 23. Insurance 23.1 • Minimum Limits.The Franchisee agrees to carry as a minimum,the following insurance,in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employees liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of ORD# -51 , PAGE 15 C - 17. liability not less than$1,000,000 for bodily injury, including personal injury or death, products liability,contractual coverage,operations,explosion, collapse, underground and property damage;and (c) Automobile liability insurance with combined single limits of liability - not less than $1,000,000 for bodily injury, including personal injury or death and property damage. 23.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability ;insurance policies shall be endorsed to contain the following provisions: (a) The City,its officers,elected officials,employees,and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought,except withrespect to the limits of the insurer's liability, Coverage shall not be suspended,canceled,modified or reduced except after thirty(30) days prior written notice to the City delivered by certified mail,return receipt requested;and ' Coverage shall be primary as to the City,its officers,officials,employees and volunteers.Any insurance or self-insurance by the City,its officers,officials,employees or volunteers shall be in excess of Franchisee's required insurance. 23.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the ORD# S ,PAGE 16 e— c$ commencement of any work.At the City's request,Franchisee shall deliver certified copies of all required insurance policies. Section 24. Bond • The Franchisee shall post a bond or assignment of funds in lieu of bond in the form attached as Exhibit B or C in the amount of$20,000 to guarantee performance,maintenance or repair in accordance with any provisions of this franchise. Additionally,before commencing any additional construction, improvement or work within'the City,the Franchisee shall post a bond or assignment of funds in lieu of bond in the form attached as Exhibit B or C in an amount determined by the City to guarantee performance,maintenance or repair in accordance with any permits required and with any provisions of this franchise. Procedures for submission and release of the bond or assignment of funds in lieu of bond shall be as provided in FWCC Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required,the City may perform the work as provided herein,and may have recourse to the bond or assignment of funds in lieu of bond in addition to or in lieu of the remedies provided herein,at the City's sole discretion. Franchisee shall be entitled to return of the bond or assignment of funds,or portion thereof as remains sixty(60)days after the expiration of the term of the Franchise,provided the City has not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default thereunder. Section 25. General Provisions 25.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or ORD#DS"547" , PAGE 17 d.- f� understandings pertaining to any such matters shall be effective for any purpose. 25.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 25.3 Assignment. Franchisee shall not 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 City.Any assignee shall,within thirty (30)days of the date of any approved assignment,file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise.Notwithstanding the foregoing,Franchisee shall have the right, without such notice or such written consent,to mortgage its rights,benefits and privileges in and under this Franchise to the Trustee for its bondholders. 25.4. Attorney Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due,or to become due hereunder,in the hands of an attorney,or files suit upon the same,the prevailing • party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 25.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith,shall not waive such breach or default,but such party shall have the right to declare any such breach or default at any time.Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 25.6 Governing Law. This Franchise shall be made in and shall be governed by and ORD# DS --S/0-2-,PAGE 18 • 2.D • . interpreted in accordance with the laws of the State of Washington. 25.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 25.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: • Franchisee: City: nein Lakes Goi f & Country Club City of Federal Way ATT_Geneza Ma a er ; Attn: City Attorney 3583 SW 320th St. 33325 8th Avenue South Federal Way, WA 98023 P.O.Box 9718 Federal Way,WA 98063-9718 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 herein.Any notice so posted in the United States mail shall be deemed received three(3)days after the date of mailing. 25.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 25.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise 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. Section 26. Severability ff any section,sentence,clause,or phrase of this Franchise should be held to be invalid. ORD# 05-x(07 , PAGE 19 C- 2-t • 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 Franchise. Section 27. Ratification Any act consistent with the authority and prior to the effective date of this'Franchise is hereby ratified and affirmed. . Section 28. Effective Date This ordinance shall take effect and be in force thirty(30)days from the time o f its final passage,as provided by law. PASSED by the City Council of the City of Federal Way this (p-/&. day of CITY OF FEDERAL WAY MA •R,DEAN 0 AN ATTE T: 1 Aik CLERK, APPROVED AS TO FORM: s' CITY ATTORNEY,PATRICIA A.RICHARDSON FILED WITH THE CITY CLERK: 1/ I I PASSED BY THE CITY COUNCIL: , PUBLISHED: •me" G? EFFECTIVE DATE: / 5— ,, ORDINANCE NO.: 0.5 • s ACCEPTANCE: ORD# 05-5-402.- PAGE 20 C.- z->" ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this 'day of S4p c.e— 2005. TWIN LAKES GOLF AND COUNTRY CLUB / By 4,„a.thitiaki,... • • Its: �► K:\Twin Lakes Iranchise\9.15.05 ORD#QS--$/ L ,PAGE 21 • G_ 3 EXHIBIT A LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA • ORD# QS 1 , PAGE 22 c- • -7 4 1a ' : 4 210 SW 309 Sr V At �� � 3fp 'Ti, SW ma • SW 311 ST 'Ad •,t. •Ir "� SW 312a Z zap y } � l32AV g12 `�' �- t' gW 3144 '�3r314sT (..---,' s g r----5►+ sr —_..��clssT_ iir sw 11-311 —_ * T { • 317 ST '- .� �>> d ® Sw3 "iti gt ,�P C3, e 5w319 4.2. 4111.-.... ti 319 PL > - I Xn. 7 SW 320 STS I g s:ft. :� -� .-.: ��� 'SW 312 PL . ..,,, 4 4.4 Xi 231s ', 325ST -'a155f • 4 Oct' V'-0 1 - 1. C> d a. g sw 326 ST .,11 A PL I it *7 it .4/ tl "`� L a f 3YI1326$1 • '/ SW326 ST `�J 326 SW328 ST • 328 ...›.w•t w r,; . Cr 1 SW 329 ST. rah og � g � ". sw33osr ' S� y .6W. 329 it SW329PL :. rigaos N • .ir • • Twin lakes Golf Course • S • ___,/ Street Franchise Area Map Printed-Oct • WO made by km Note:This map is intended for use as a graphical represen1at*on only. The Qty of Federal Way makes no warranty esto is accuracy. • d, 35 EXHIBIT B CITY OF FEDERAL WAY PERFORMANCE BOND FOR • RIGHT OF WAY FRANCHISE AGREEMENT KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned ("Principal') and the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety),are held and firmly bound unto the City of Federal Way,a Washington municipal corporation, ("City") in the penal sum of Dollars and NO/100 (� ) for the payment of which we firmly bind ourselves and our legal representatives,heirs,successors and assigns,jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances,regulations,standards and policies of the City,as now existing or hereafter amended or adopted.. The Principal has entered into an Agreement with the City dated • to . NOW,THEREFORE,if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City,or within such extensions of time as may be granted under the Agreement,and shall pay all laborers,mechanics,subcontractors and material men or women,and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work,and shall hold the City,their officials, agents,employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal,or any . subcontractor in the performance of said work,and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within the period not less than: 1. the term of the Agreement;or 2. two (2) years beyond the completion of final installation or construction by the Principal pursuant to the Agreement if required by the City;whichever is longer,then • and in the event this obligation shall be void;but otherwise,it shall be and remain in full force and effect. • ORD# ".5/?" ,PAGE 23 And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of.the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. Within forty-five(45)days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement,the Surety shall make a written commitment to the City that it will either: (a)cure the default itself within a reasonable time period,or(b)tender to the City,the amount necessary for the City to remedy the default,including legal fees incurred by the City,or (c)in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default,the Surety shall notify the City of its finding and its intent,if any,to interplead. The Surety shall then fulfill its obligations under this bond,according to the . option it has elected. Should Surety elect option(a)to cure the default,the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option(b),then upon completion of the necessarywork,.the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option(c),the Parties shall first complete participation in mediation,described in the below paragraph,prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's ty's declaration of default by the Principal,the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office,4300 Two Union Square, 601 Union Street,Seattle,Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this day of , CORPORATE SEAL OF PRINCIPAL: PRINCIPAL By (Name of Person Executing Bond) Its: (Title) QRD#OS- I? ,PAGE 24 (Address) • (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the(Assistant)Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine,and that said bond was duly signed,sealed,and attested for and in behalf of said Corporation;by authority of its governing body. Secretary or Assistant Secretary CORPORATE SEAL OF SURETY: SURETY 9.. / By: Attorney-in-Fact • • (Attach Power of Attorney) Y) (Name o f Person Executing Bond) • • (Address) (Phone) APPROVED AS TO FORM: Patricia A.Richardson,City Attorney ORD# •3P ,PAGE 25 0 c-27 EXHIBIT C Applicant: Account Amount: $ Project: Property Address: Cash Deposit Amount: $ CITY OF FEDERAL WAY ASSIGNMENT OF FUNDS IN LIEU OF BOND THIS ASSIGNMENT("Assignment")is dated effective this day of ,20 The parties ("Parties") to this Assignment are the City of Federal Way, a Washington municipal corporation("City")and the undersigned owner or applicant("Assignor"). A- • The Assignor is required to perform certain work and/or construct certain improvements including • at the above-referenced property address located in Federal Way, Washington ("Property") in connection with Assignor's application for a Franchise; B. The improvements will be constructed or the work will be performed in accordance with the Franchise Agreement on file with the City of Federal Way("Franchise"); C. The City has determined that Assignor must post security with the City pursuant to the ` Franchise and Sections 22-146 through 22-1.59 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended,to guarantee Assignor's performance under the Franchise,of required maintenance or repair, and Assignor's performance of construction of certain work or improvements,as a condition of granting the Franchise. NOW,THEREFORE,the Parties agree as follows: • 1. Amount of Account. • a.. Pursuant to the Franchise and Section 22-149 of the FWCC,Assignor shall post • security in an amount equal to Twenty Thousand Dollars($20,000)for the term of the franchise and any additional period identified in the franchise or herein. b. In the event additional construction,improvements,or work is performed under the Franchise,the City may seek additional security_ In the event the City requires additional security,. that portion of this Assignment which is in lieu of a performance bond,shall be equal to one hundred and twenty percent (120%) of the cost of the work or improvements and that portion of this Assignment which is in lieu of a maintenance bond,shall be equal to thirty percent(30%)of the cost of the work or improvements. 2. Assignment. Assignor does hereby assign,transfer and set over unto the City all right, title and interest in and to the sum of Y Dollars and NO/100 ($ , ) on deposit at the branch of ("Bank"),under account No. ("Account"); -26- said Account being in the name of the City, as principal with full power and authority to demand, collect and receive the Account and to give receipt and acquittance for the Account. 3. Improvements. Assignor shall perform all work, improvements and maintenance• required pursuant to the Franchise, to the City's satisfaction. The maintenance obligation shall continue for two (2)years from the termination or expiration date of the Franchise,or such longer period as required by the FWCC or other applicable law,rule or regulation_ 4. Release. Assignor agrees that the Account will be released to the City,on demand, with no other conditions of release. This Assignment may be terminated with the City's written consent,which consent shall not be granted until the City has determined that CO all the improvements have been constructed and installed,all work and maintenance performed,and all obligations of the Franchise performed to its satisfaction,in full compliance with the Franchise,plans and all applicable local,state or federal law,and within the time period prescribed by the City, and(ii) Assignor has performed all its obligations under this Assignment. The City may release this Assignment as follows: (a) Partial Release. Upon completion of the improvements in compliance with the foregoing provisions,the City will release all but thirty percent(30%)of the cost of the work or improvements covered- by this Assignment, which amount is equal to Dollars and NO/100($ ), by executing and delivering the Partial Release of Assignment attached hereto as Exhibit l to Assignor. (b) Full'Release. Two (2) years after completion of the improvements and performance of the maintenance in compliance with the foregoing provisions,the City will release the remaining portion of the Account, in the amount of Dollars and NO/l00 ($ ), by executing and delivering the Full Release of Assignment attached hereto as Exhibit'2 to Assignor. 5. Right to Complete Work. The City may,but in no event is it obligated to,perform any of the necessary work in connection with the construction or completion of the improvements or performance of the maintenance required by the Franchise. Upon demand,Assignor agrees to pay the • City an amount equal to all o fthe City's costs and expenses in performing such work or the City shall be reimbursed its costs and expenses from the Account at the City's election. 6. Notice. The Public Works Department of the City shall be given forty-eight(48)hours notice prior to the commencement of any work. 7. Indemnification. Assignor agrees to indemnify and hold the City,its elected officials, officers,employees,agents,and volunteers harmless from any and all claims,demands,losses,actions and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Assignment,including without limitation,the City's performance of any maintenance or other work or construction of the improvements pursuant to Section 5 herein. 8_ Remedies Cumulative. No remedy provided for by this Assignment shall be deemed exclusive,but shall be deemed cumulative and in addition to every other remedy available to the City -27- . C- ag at law,in equity or by statute. Assignor agrees that its liability under this Assignment is not limited to the amount of the Account. 9. General Provisions. This Assignment may not be amended except by written agreement signed by the Parties. Any provision of this Assignment which is declared invalid shall not invalidate the remaining provisions:The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Assignment may not be assigned by either Party without the other Party's written consent. This Assignment shall be binding upon and inure to the benefit of the Parties'successors in interest. In the event of any dispute between the Parties regarding this Assignment, each Party shall pay its own attorney fees and costs. Each person executing this Assignment represents that he or she is authorized to execute this Assignment on behalf of their respective entity. Time is of the essence. NAME OF APPLICANT By. (Signature) (Name) Its: (Title) j • (Address) (Phone) STATE OF WASHINGTON ) )ss. • COUNTY OF KING . ) On this day personally appeared before me ,to me known to be the of the corporation that executed the foregoing Assignment of Funds in Lieu ofBond,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 seat affixed,if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 (notary signature) (typed/printed name of notary) • Notary Public in and for the State of Washington. My commission expires -28- C- 3b • APPROVED AS TO FORM CITY OF FEDERAL WAY Patricia A. Richardson,City Attorney -29- C-31 • BANK ACCEPTANCE The undersigned financial institution("Bank")hereby accepts that certain Assignment of Funds in Lieu of Bond provided to the City of Federal Way ("City") by , ("Assignor") dated _ providing for Assignor's assignment to the City of all right, title and interest in and to the sum of Dollars and NO/100($ )on deposit at the branch, under account No. ("Account"), payment of which shall be made upon demand by the City with no other conditions of release of the Account. The Bank agrees to hold the Account,without deduction or withdrawal,until it receives a written release of this Assignment from the City. The Bank acknowledges that it has no duty to evaluate any dispute which may exist between the City and Assignor regarding the Account and shall not interplead or in any manner delay payment of the Account to the City;upon its demand. The Bank hereby agrees to bind itself, and its heirs, executors, . administrators and assigns,jointly and severally. . (BANK TITLE) By: (Signature) (Name) • Its: ...I (Title) T • (Address) (Phone) • STATE OF WASHINGTON ) )ss. [BANK NOTARY] COUNTY OF KING ) On this day personally appeared before me ,to me known to be the of ,the corporation that executed the within and 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 hereto affixed this day of , • (notary signature) (typed or printed name of notary) Notary Public in and for the State of Washington. My commission expires C � 3�' EXHIBIT I PARTIAL RELEASE OF ASSIGNMENT • .The undersigned hereby acknowledges that a portion of the conditions set forth in that Assignment of Funds in Lieu of Bond("Assignment")provided to the City of Federal Way ("City")by _ ("Assignor") dated for (Project Name and Permit#)have been satisfied and hereby authorizes the release of an amount equal to.- Dollars and NO/100($ ) from account number ("Account") • in Bank. The remaining funds equaling thirty percent(30%) o f the cost of the work or improvements shall be held by the Bank in the Account pursuant to • the terms of the Assignment for a period of two(2)years as security for Assignor's performance of all maintenance for the project described therein and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements.. • DATED this day of ,20_. CITY OF FEDERAL WAY By: David H.Moseley,City Manager PO Box 9718 Federal Way,WA 98063-9718 c _ 33 EXHIBIT 2 FULL RELEASE OF ASSIGNMENT/LICENSE Pursuant to the terms and conditions of that certain Assignment of Funds in Lieu of Bond ("Assignment") provided •to the City of Federal Way ("City") by • , ("Assignor"), dated for • (Project Name and Permit#),the City hereby acknowledges that the two(2)year maintenance period has expired, that the obligations of the Franchise have been met, and work or improvements covered by the Assignment have been completed to the City's satisfaction and • that the City Is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of Dollars and NO/100($ ) from account number in Bank. DATED this day of ,20_. • CITY OF FEDERAL WAY • By-. David H.Moseley,City Manager PO Box 9718 Federal Way,WA 98063-9718 • • K:1Twin Lakes FranchiseWssignment of Funds • I } EXHIBIT C ©©PY Applicant: Twin Lakes Golf&Country Club Account Amount: $ 20,000.00 Project: Franchise Agreement Property Address:3583 SW 320th Street Cash Deposit Amount: $ 0.00 Federal Way,WA 98023 CITY OF FEDERAL WAY ASSIGNMENT OF FUNDS IN LIEU OF BOND THIS ASSIGNMENT ("Assignment") is dated effective this 7 day of .nhe.►E , 2066. The parties("Parties")to this Assignment are the City of Federal Way,a Washington municipal corporation("City") and the undersigned owner or applicant("Assignor"). A. The Assignor is required to perform certain work and/or construct certain improvements including to operate,maintain and repair an irrigation system at the above-referenced property address located in Federal Way,Washington("Property")in connection with Assignor's application for a Franchise; B. The improvements will be constructed or the work will be performed in accordance with the Franchise Agreement on file with the City of Federal Way("Franchise"); C. The City has determined that Assignor must post security with the City pursuant to the Franchise and Sections 22-146 through 22-159 of the Federal Way City Code("FWCC") as now existing or hereafter ,- adopted or amended,to guarantee Assignor's performance under the Franchise, of required maintenance or . repair,and Assignor's performance of construction of certain work or improvements,as a condition of granting the Franchise. NOW,THEREFORE;the Parties agree as follows: g'. 1_ Amount of Account. a. Pursuant to the Franchise and Section 22-149 of the FWCC,Assignor shall post security in an amount equal to twenty thousand dollars ($20,000) for the term of the franchise and any additional period identified in the franchise or herein. b. In the event additional construction,improvements,or work is performed under the Franchise, the City may seek additional security. In the event the City requires additional security,that portion of this Assignment which is in lieu of a performance bond,shall be equal to one hundred and twenty percent(120%)of the cost of the work or improvements and that portion of this Assignment which is in lieu of a maintenance bond,shall be equal to thirty percent(30%)of the cost of the work or improvements. 2. Assignment. Assignor does hereby assign,transfer and set over unto the City all right,title and interest in and to the sum of Twenty Thousand Dollars and NO/100 ($20,000.00) on deposit at the Fib twit.*I w.4 y branch of c o s rooLr,F $4..,i K ("Bank"), under account No. 700o303300 ("Account"); said Account being in the name of the City,as principal with full power and authority to demand,collect and receive the Account and to give receipt and acquittance for the Account. • 3. Improvements. Assignor shall perform all work, improvements and maintenance required pursuant to the Franchise,to the City's satisfaction. The maintenance obligation shall continue for two(2)years from the termination or expiration date of the Franchise,or such longer period as required by the FWCC or other applicable law,rule or regulation. 4. Release. Assignor agrees that the Account will be released to the City,on demand,with no other conditions of release. This Assignment may be terminated with the City's written consent,which consent shall not be granted until the City has determined that(i)all the improvements have been constructed and installed,all work and maintenance performed, and all obligations of the Franchise performed to its satisfaction, in full compliance with the Franchise,plans and all applicable local,state or federal law,and within the time period prescribed by the City,and(ii)Assignor has performed all its obligations under this Assignment. The City may release this Assignment as follows: (a) Partial Release. Upon completion of the improvements in compliance with the foregoing provisions,the City will release all but thirty percent (30%)of the cost of the work or improvements covered by this Assignment, which amount is equal to Fourteen Thousand Dollars and No/100 ($14,000.00),by executing and delivering the Partial Release of Assignment attached hereto as Exhibit 1 to Assignor. (b) Full Release. Two(2)years after completion of the improvements and performance of the maintenance in compliance with the foregoing provisions,the City will release the remaining portion of the Account, in the amount of Six Thousand Dollars and No/l00 ($6,000.00), by executing and delivering the Full Release of Assignment attached hereto as Exhibit 2 to Assignor. 5. Right to Complete Work. The City may,but in no event is it obligated to,perform any of the necessary work in connection with the construction or completion of the improvements or performance of the maintenance required by the Franchise. Upon demand,Assignor agrees to pay the City an amount equal to all of the City's costs and expenses in performing such work or the City shall be reimbursed its costs and expenses from the Account at the City's election. 6. Notice. The Public Works Department of the City shall be given forty-eight(48)hours notice prior to the commencement of any work. 7. Indemnification_ Assignor agrees to indemnify and hold the City,its elected officials,officers, employees, agents,and volunteers harmless from any and all claims,demands, losses, actions and liabilities (including costs and attorney fees)arising from,resulting,or connected with this Assignment,including without limitation, the City's performance of any maintenance or other work or construction of the improvements pursuant to Section 5 herein. 8. Remedies Cumulative. No remedy provided for by this Assignment shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law,in equity or by statute. Assignor agrees that its liability under this Assignment is not limited to the amount of the Account. 9. General Provisions. This Assignment may not be amended except by written agreement signed by the Parties. Any provision of this Assignment which is declared invalid shall not invalidate the remaining provisions. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Assignment may not be assigned by either Party without the other Party's written consent. This Assignment shall be binding upon and inure to the benefit of the Parties'successors in interest. In the event of • • • any dispute between the Parties regarding this Assignment,each Party shall pay its own attorney fees and costs. Each person executing this Assignment represents that he or she is authorized to execute this Assignment on behalf of their respective entity. Time is of the essence. TWIN LAKES GOLF&COUNTRY CLUB By: (Signature) Or't6 L- Clair (Printed Name) Its: Srent (Title) 26 68 340' Aver f -ae iii &M t/ cJ,4 ?go 43 (Address) 253-g 3g-79513 (Phone) STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day personally a peared before me �,;a o �• C a ,tome known to be the rrs1e/7.e , 7 of�i ,; f��i,Crc �o/�!r t ('ou :�77 the corporation that executed the foregoing Assignment ofFunds in Lieu of Bond,and ackno*ledged 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. ^ r G ft• "'6)• ' ial seal this / day of ,20 • • (notary signature) r / = �P i4 f�- 4An _r (typed/printed name of notary) Notary Public in and for the State of Washington. t�• 41t „OF������'�� My commission expires i/- D APPROVED AS TO FORM CITY OF FEDERAL WAY City Attorney,Patricia A.Richardson • ' BANK ACCEPTANCE The undersigned financial institution("Bank")hereby accepts that certain Assignment of Funds in Lieu of Bond provided to the City of Federal Way ("City") by Twine L * 5' 60/F 4- Co u►'-r. Y ciu.s , ("Assignor") dated "3"twe 7, soot providing for Assignor's assignment to the City of all right,title and interest in and to the sum of Twenty Thousand Dollars and NO/100 ($20,000.00) on deposit at the pi , -1 44 Y branch, under account no. '7000 3o33 0 0 ("Account"),payment of which shall be made upon demand by the City with no other conditions of release of the Account. The Bank agrees to hold the Account,without deduction or withdrawal, until it receives a written release of this Assignment from the City. The Bank acknowledges that it has no duty to evaluate any dispute which may exist between the City and Assignor regarding the Account and shall not interplead or in any manner delay payment of the Account to the City,upon its demand. The Bank hereby agrees to bind itself,and its heirs,executors,administrators and assigns,jointly and severally. C o L.....81;i4 x.3 7, 134‘o k (BANK TITLE) By: •VielAL - (Signature) .v.:K¢- Ai..0.01-42--S (Printed Name) Its: v P 4 M 4_,,,,9-1.‘ z (Title) 4 33170 Pl-c, . 4y S, Fe .s-/ 44..j y, ‘4,44- 99-co 3 (Address) ` -Is 3- 83.1?- 4,IL/?4, (Phone) STATE OF WASHINGTON ) . )ss. (BANK NOTARY] COUNTY OF KING ) On this day personally appeared before me // ., - Af.a fr IS ,to me known to be the liP r-4fa if a ,.,-of, ,, ••• s 7\-, t •, , ,the corporation that executed the within and foregoing insent,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, /she was authorized to execute said instrument and that the seal affixed,if any, is the corporate seal of said corporation. r GIVEN my hand and official seal hereto affixed ' 2 day of ___- 200G i� v► tlfit (notary sign t�� -., fy (typed or printed name of notary) g ;. ••t . , Notary Public in and for the State of Washington. i _= My commission expires 1/-e a -B 7 . 4, A-' " 4b P, EXHIBIT 1 PARTIAL RELEASE OF ASSIGNMENT The undersigned hereby acknowledges that a portion of the conditions set forth in that Assignment of Funds in Lieu of pond ("Assignment") provided to the City of Federal Way ("City") by ("Assignor")dated for the Twin Lakes Golf&Country Club Franchise Agreement have been satisfied and hereby authorizes the release of an amount equal to Fourteen Thousand Dollars and NO/100 ($14,000.00) from account number ("Account") in Bank. The remaining funds equaling thirty percent (30%)of the cost of the work or improvements shall be held by the Bank in the Account pursuant to the terms of the Assignment for a period of two(2)years as security for Assignor's performance of all maintenance for the project described therein and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of ,20_. CITY OF FEDERAL WAY By: (Signature) (Printed Name) (Title) • EXHIBIT 2 FULL RELEASE OF ASSIGNMENT/LICENSE Pursuant to the terms and conditions of that certain Assignment of Funds in Lieu of Bond ("Assignment") provided to the City of Federal Way ("City") by , ("Assignor"), dated for the Twin Lakes Golf& Country Club Franchise Agreement,the City hereby acknowledges that the two(2)year maintenance period has expired, that the obligations of the Franchise have been met, and work or improvements covered by the Assignment have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly,the undersigned hereby releases the sum of Six Thousand Dollars and NO/100 ($6,000.00) from account number in Bank. DATED this day of ,20_ CITY OF FEDERAL WAY • By: (Signature) (Printed Name) (Title) • K:\ken miller\twin lakes golf&country club\franchise agreement.doc K:\Twin Lakes Franchise\Assignment of Funds COUNCIL MEETING DATE: April 21,2015 ITEM#: 41)l s CITY OF FEDERAL WAY • CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: ESTABLISHING MORATORIUM ON RECREATIONAL MARIJUANA-RELATED BUSINESSES AND CALLING FOR A PUBLIC VOTE POLICY QUESTION: Should the City Council establish a moratorium on recreational marijuana-related businesses and other activities involved in the retail,production,or processing of recreational marijuana within the City and authorize the Mayor to take the necessary steps to submit the issue of recreational marijuana to a vote of the people at the November general election? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Amy Jo Pearsall,City Attorney DEPT: Law Attachments: Staff report and proposed ordinance establishing a moratorium on recreational marijuana-related businesses for one year and authorizing a public vote at the November general election. Options Considered: 1. Pass the moratorium to allow the Council time to consider the effects of pending action in the State Legislature and put the issue of recreational marijuana to a vote of the people at the November general election. 2. Do not pass the moratorium and give_further direction to staff._ MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A 7 - DIRECTOR APPROVAL: Alp q12415 Committee Co cil Initial/Date InitialfDate Initial/Date CHIEF OF STAFF: N/A G✓il ` � t Committee Coil 1 Initial/Date Ini Gate COMMITTEE RECOMMENDATION:N/A 7 Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE AND ADOPTION(APRIL 21): "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# • :A CITY OF Federal Way STAFF REPORT DATE: APRIL 21,2015 TO: CITY COUNCIL MEMBERS VIA: JIM FERRELL,MAYOR BRIAN WILSON,CHIEF OF STAFF FROM: AMY JO PEARSALL,CITY ATTORNEY MARK ORTHMANN,ASSISTANT CITY ATTORNEY SUBJECT: MORATORIUM ON RECREATIONAL MARIJUANA-RELATED BUSINESSES A. INTRODUCTION The proposed ordinance would impose a one-year moratorium on recreational marijuana-related • businesses to allow the Council to address the following two related issues: (1) the effects of potential state legislation under E2SHB 2136, which, in its current form, would preempt the City's authority to prohibit recreational marijuana-related businesses; and (2) a public vote regarding recreational marijuana-related businesses locating in the City. Adopting a moratorium on recreational marijuana-related businesses preserves the status quo in the City, allows the State legislative process to play out, and provides the Council time to initiate the process for submitting the issue of recreational marijuana to a vote of the people—for a binding vote if E2SHB 2136 passes, and an advisory vote if it does not. B. PENDING STATE LEGISLATION A moratorium on recreational marijuana-related businesses would allow the Council time to consider the effects of pending action in the State Legislature and put the issue of recreational marijuana to a vote of the people. The Washington State Senate is currently considering E2SHB 2136, which passed the House on April 10, 2015. In addition to its numerous provisions including, but not limited to, tax exemptions, excise taxes, and revenue sharing for recreational marijuana, E2SHB 2136 would establish that no local jurisdictions may enact or enforce a moratorium or prohibition on the production, processing, researching, or retail sale of marijuana under Chapter 69.50 RCW unless there is a public vote to prohibit such activities. The bill expressly preempts the City's authority • to prevent marijuana-related businesses from locating in the City and prevents cities from enforcing any current bans or moratoria. The bill would establish two separate processes by which local jurisdictions may prohibit marijuana-related businesses by a public vote at a general election by: (1) a petition signed by 30 percent of the registered voters in the City; or (2) a ballot proposition submitted by the City Council. Under both of these options, if a majority of the City's residents approve the prohibition, the City would not be subject to the express preemption of the City's authority to prohibit recreational marijuana-related businesses. Following the passage of an ordinance under either option, the State Liquor Control Board is prohibited from issuing or renewing any license for the production, processing, researching, or retail sale of marijuana with respect to businesses that are either located or proposed to be located within the City. The bill also grants the Council authority to repeal any prohibition enacted within two years of g t3' p Y P Y the prohibition's effective date. C. A VOTE OF THE PEOPLE If the legislature passes the bill in its current form, any prohibition of recreational marijuana would require a vote of the City's residents at the November general election. If the bill does not pass or does not include the preemption and public vote language,the City has the option of putting the issue of recreational marijuana to a non-binding, advisory vote of the City's residents. There is a key difference between these types of votes. If E2SHB 2136 passes, a vote that occurs pursuant to the resulting state law would be binding upon the Council. An advisory vote,on the other hand,would purely be advisory and non-binding. Any vote of the people should take place in November for several reasons. First, a general election brings the most number of people to the ballot box. For example, in 2013,there was nearly 40%turnout (approximately 18,000 residents) at the general election versus only 20% (approximately 10,000 residents) at the primary election. Second,the additional cost to the City would be minimal (est. $2,500 for an addition to the voters pamphlet) for a November vote, whereas a vote at any other time could cost as much as $150,000 depending on what other items were on the ballot. Third, it has been the City's past policy and practice to have items placed on the general election when possible to reach the most number of voters and save on costs. In fact, the citizens of Federal Way agreed with this policy when, in 2013, over 75%of voters restricted elections for citizen initiatives to general elections. Finally, if E2SHB 2136 becomes state law, the City will be required to hold an election in November, making any additional election duplicative and potentially confusing. D. CONCLUSION If E2SHB 2136 passes as written, the City's residents or the Council may submit a prohibition on recreational marijuana to a binding vote of the people; if the bill does not pass, or the preemption language is not included in the final bill, the City may still direct staff to initiate the process for • 2 putting an advisory vote on the ballot for the general election in November; however, the • Council should only pursue this option if E2SHB 2136 does not become law. E. MAYOR'S RECOMMENDATION In order to maintain the status quo, account for pending State legislation, and submit this issue to a vote of the people, the Mayor recommends adopting a one-year moratorium on recreational marijuana-related businesses in the City and authorize the Mayor to take the steps necessary to place an advisory vote regarding recreational marijuana businesses on the November ballot if E2SHB 2136 does not become law. It will be necessary to suspend Council Rule 2.2(8) to allow first reading and enactment of this ordinance in one meeting. A unanimous vote of the Council will be required for the new moratorium's effective date to coincide with the expiration of the moratorium imposed by Ordinance No. 14-776 on May 5, 2015. • 3 IIIORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, imposing a one-year moratorium on recreational marijuana-related businesses and other activities involved in the retail, production, and processing of recreational marijuana; establishing a work group to develop a work plan; setting time frame for a public hearing; and authorizing a public vote at the November general election. WHEREAS, in November 2012, Washington State voters approved Initiative 502 ("I- 502"), codified in Chapter 69.50 RCW, which "authorizes the Washington State Liquor Control Board to regulate and tax marijuana for persons twenty-one years of age and older," and license marijuana retailers,producers, and processors; and WHEREAS, the Washington State Liquor Control Board recreational marijuana rules do not affect local zoning and building regulations,but do place location restrictions on recreational marijuana-related businesses that will need to be monitored by the City; and , • WHEREAS, the Washington State Liquor Control Board allotted five (5) retail establishments within the City of Federal Way; and . WHEREAS, the City does not have any land use regulations regarding recreational marijuana under 1-502; and WHEREAS, 1-502 allows the City to regulate recreational marijuana by enacting zoning, licensing, and/or health and safety requirements; and WHEREAS, the State Legislature is currently considering legislation involving recreational marijuana including E2SHB 2136; and WHEREAS, in order to address 1-502 and potential State legislation the City anticipates the the need to amend its building, zoning, business, and public safety regulations; and . • Ordinance No. 15- Page 1 of 6 Rev 1/15 LU WHEREAS, the City is concerned that recreational marijuana-related uses could become • established in the City that are inconsistent with or conflict with future regulatory schemes; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt moratoria; and WHEREAS, on November 5, 2013 the City of Federal Way City Council passed Ordinance No. 13-749 imposing a one-year moratorium on marijuana collective gardens and other activities involved in the sale, manufacturing, or distribution of marijuana to allow for time to determine how best to respond to I-502 within the City;and WHEREAS, on October 21, 2014, the City of Federal Way City Council passed Ordinance No. 14-776 renewing the moratorium imposed by Ordinance No. 13-749 for six months; and WHEREAS, the moratorium imposed by Ordinance No. 14-776 applies to both medical and recreational marijuana related activities; and WHEREAS, on March 17, 2015, the City took separate action with regard to medical marijuana by establishing a one-year moratorium with Ordinance No. 15-787; and WHEREAS, the moratorium imposed by Ordinance No. 14-776 expires on May 5, 2015; and WHEREAS, the City desires for a new moratorium to take effect to coincide with the May 5, 2015 expiration of the moratorium imposed by Ordinance No.14-776; and WHEREAS, the Council has determined that it is in the public interest to establish a moratorium to evaluate and, if necessary, enact regulations under I-502 and further potential State legislation; and • Ordinance No. 15- Page 2 of 6 Rev 1/15 LU • WHEREAS, a work group of City staff will develop a work program to analyze potential changes to City zoning regulations that may be necessary to address state law, and to develop a workable set of recommendations for local land use controls for safe and effective regulation of recreational marijuana; and WHEREAS, the City will hold a public hearing on the moratorium within 60 days of its adoption; 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 after the expiration of the moratorium imposed by Ordinance No. 14- 776, justify the declaration of an emergency and the designation of this ordinance as a public • emergency ordinance necessary for the protection of the 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: Section 1. Findings. The City Council of the City of Federal Way makes the following findings of fact: (a) The foregoing whereas provisions are adopted as findings of fact. (b) The moratorium is necessary to provide the City with sufficient time to study the potential impacts of I-502, court decisions, and potential State legislation. • Ordinance No. 15- Page 3 of 6 Rev I/I5 LU (c) The moratorium is necessary to preserve the status quo until the City adopts appropriate • zoning, health, safety, and/or licensing regulations and to insure that the regulations comply with the State Law. Section 2. Moratorium Established. No recreational marijuana-related businesses, and other activities involved in the retail, production, or processing of recreational marijuana shall be allowed within the City. The City Clerk shall not accept nor issue recreational marijuana related business applications or registrations for the duration of this moratorium. Section 3. Work Plan. A work group consisting of representatives from Community Development, Police, Finance, and the City Attorney's Office is hereby established to evaluate any State legislation regarding recreational marijuana and develop draft regulations regarding recreational marijuana related uses. This work plan allows City staff, the Planning Commission, and the City Council time to review its development regulations to determine appropriate= development standards, and to move any proposed development code changes through( established governmental processes. . Section 4. Duration of Moratorium. This moratorium shall be in effect for one year from the effective date of this ordinance Section 5. Public Hearing. A public hearing for this moratorium will be held within 60 days of its adoption.. Section 6. Public Vote. If the State Legislature passes E2SHB 2136 with the preemption and public vote language, and it is signed into law, the Mayor is authorized to submit a prohibition on recreational marijuana to a binding vote of the people at the general election in November 2015 as allowed in that bill; however, if E2SHB 2136 does not pass, is not signed into law, or does not include the preemption and public vote language in the final bill, the Mayor is Ordinance No. 15- Page 4 of 6 Rev 1/15 LU • authorized to submit an advisory vote regarding recreational marijuana to the people on the ballot for the general election in November 2015. Section 7. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective • date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall take effect and be in full force on May 6, 2015. PASSED by the City Council of the City of Federal Way this 21st day of April 2015. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC • Ordinance No. 15- Page 5 of 6 Rev 1/15 LU 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. 15- Page 6 of 6 Rev 1/15 LU COUNCIL MEETING DATE: ly r l � ��, 2-10 t5 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RDINANCE:ENACT A BAN ON RECREATIONAL MA RIJUANA-RELATED BUSINESSES POLICY QUESTION: Should the City Council enact a ban on recreational marijuana-related businesses? COMMITTEE: LUTC MEETING DATE: October 6, 2014 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stacey Welsh, Senior Planner DEPT: CD Attachments: Proposed Ordinance enacting a ban on recreational marijuana related businesses. Background: Council adopted a moratorium on both medical and recreational marijuana-related businesses that is set to expire on May 5, 2015. On March 17, 2015, the City Council did not move Council Bill #670 forward, an ordinance that would have allowed for the zoning and regulation of recreational marijuana-related a-related businesses within the City of Federal Way. As an alternative, Council consensus was to bring forward two options: (1) an ordinance to ban recreational marijuana; or (2) a one-year moratorium on recreational marijuana-related businesses. The proposed ordinance to ban would take effect on May 6, 2015 after the expiration of the current moratorium. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A ' / DIRECTOR APPROVA Committee ounci Initi./Dat Initial/Date Initial/Date CHIEF OF STAFF: N/A Committee Cou il Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): • 1ST READING OF ORDINANCE (APRIL 7): "I move to forward approval of the ordinance to the April 21, 2015 Council Meeting for enactment." 2"n READING OF ORDINANCE(APRIL 21): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: n El l -j APPROVED COUNCIL BILL# l ❑ DENIED 1ST reading 0y-.07-16 ❑ TABLED/DEFERRED/NO ACTION Enactment reading 0 '1 2/-1 S ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to prohibiting all recreational marijuana-related businesses including retail, production, and processing. WHEREAS, in November 2012, Washington State voters approved Initiative 502 (I- 502), codified in Chapter 69.50 RCW, which "authorizes the Washington State Liquor Control Board to regulate and tax marijuana for persons twenty-one years of age and older," and license marijuana producers,processors, and retailors; and WHEREAS, on November 5, 2013 the City of Federal Way City Council passed Ordinance No. 13-749 imposing a one year moratorium on marijuana collective gardens and other activities involved in the sale, manufacturing, or distribution of marijuana to allow for time to determine how best to respond to I-502 within the City; and WHEREAS, on October 21, 2014 the City of Federal Way City Council passed Ordinance No. 14-776 renewing the moratorium imposed by Ordinance No. 13-749 for six months; and WHEREAS, the Washington State Liquor Control Board recreational marijuana rules do not affect local zoning and building regulations, but do place location restrictions on recreational marijuana businesses; and WHEREAS, staff prepared draft code amendments related to the siting of recreational marijuana-related businesses, including marijuana production,processing, and retail sales; and WHEREAS, the Planning Commission conducted a public workshop on the proposed code amendments, on August 20, 2014; and Ordinance No. 15- Page 1 of 5 Rev 1/15 LU WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the draft code amendments on September 5, 2014, and no comments or appeals were received and the DNS was finalized on October 3, 2014; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on September 17, 2014; and WHEREAS, during the public hearing,the Planning Commission discussed the proposed code amendments and identified concerns regarding the relationship of marijuana-related businesses with other permitted uses that could potentially locate near them;and WHEREAS, following discussion of the proposed code amendments, the Planning Commission voted to forward a recommendation to prohibit marijuana-related businesses in the City to the City Council; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the Planning Commission's recommendation on October 6, 2014, recommended adoption of the Planning Commission recommendation, and additionally voted to recommend that the moratorium on medical marijuana be extended; and WHEREAS, the City Council considered zoning regulations for marijuana-related businesses in the City at meetings on October 21, 2014 and February 17,2015; and WHEREAS, on March 17, 2015, the City Council did not move Council Bill #670 forward, an ordinance that would have allowed for the zoning and regulation of recreational marijuana-related businesses within the City of Federal Way; and WHEREAS, the City desires for the recreational marijuana ban to take effect on May 6, 2015 to coincide with the May 5, 2015 expiration of the moratorium imposed by Ordinance No. 14-776; and Ordinance No. 15- Page 2 of 5 Rev tl15 LU WHEREAS, the City Council finds that prohibiting recreational marijuana-related businesses, including marijuana production, processing and retail sales, as a land use is in the best interest of the citizens of the City of Federal Way; and WHEREAS, on January 16, 2014, the Washington State Attorney General issued an opinion (AGO 2014-2) offering the opinion that I-502 does not preempt counties, cities, and towns from banning marijuana production, processing and retail businesses within their jurisdictions, and concluding that the issuance of a license from the Liquor Control Board does not entitle licensees to locate or operate a marijuana production, processing, or retail business in violation of local rules or without necessary approval from local jurisdictions, concluding that local jurisdictions are permitted under the law to prohibit such activities; and WHEREAS, 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 after the expiration of the moratorium imposed by Ordinance No. 14-776, justify the declaration of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of the 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: Section 1. Recreational marijuana-related businesses, such as marijuana production, processing, or retail sales, as may be allowed by Chapter 69.50 RCW, as now existing or hereafter amended, are expressly prohibited from locating or operating in any zone within the City of Federal Way. Ordinance No. 15- Page 3 of 5 Rev 1115 LU 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 any other persons or circumstances. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective May 6, 2015, . .. . • . .. . .. . • as provided by law. PASSED by the City Council of the City of Federal Way this 21st day of April, 2015. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC Ordinance No. 15- Page 4 of 5 Rev 1/15 LU 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. 15- Page 5 of 5 Rev 1/15 LU