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Council PKT 11-17-2015 Regular a 4,10 2st., 't ssj ,th Sip CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall November 17, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Certificates of Recognition—South King Fire & Rescue b. Federal Way School District Strategic Plan — Dr. Tammy Campbell c. Community Emergency Response Team (CERT) Recognition of First Place at CERT Expo— Emergency Manager Ray Gross d. Certificate of Appointment to the Arts Commission e. Certificate of Appointment to the Human Services Commission f. Mayor's Emerging Issues and Report • Economic Development Update/Re-Development—Tim Johnson • King County Aquatics Center Event Update—Tim Johnson/Mike Dunwidde • Greater Federal Way Emergency Management Policy Meeting Report • SeaTac Airport Noise/FAA Open House—City Hall-November 19th at 7:00 p.m. • Holiday Tree Lighting Celebration—Wild Waves December 4th at 7:00 p.m. 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. PACE E3 a. Minutes: Special Meeting — November 2, 2015; and Regular Meeting— November 3, 2015 b. Marine Hills Stormwater Conveyance System Repair Project—30% Design Status Report 14 c. Pete von Reichbauer Way S and S 316th Street Sidewalk Replacement Project—85% Design Status Report and Authorization to Bid The Council may add items and take action on items not listed on the agenda. d. Grant Funding for Transportation Improvement Projects-Authorization to Accept Grant Funding e. 2016 Pedestrian Safety Program -Authorization to Bid 23 f. Resolution: Demonstration Completion of the 2015 Growth Management Act Periodic Update 2 g. 2015 Emergency Management Performance Grant Award 77 h. 2nd Amendment for JGM Technical "On-Call" Electrical Agreement 6. PUBLIC HEARING PAGE a. 2015/2016 Biennial Budget Amendment/2016 Property Tax Rate 8 I (continued from November 3, 2015-required by RCW 35A.34) • Staff Presentation - Finance Director Ade Ariwoola • Citizen Comment • Council Discussion/Questions 7. ORDINANCES PAGE First Reading 136 a. Council Bill#693/Speed Limit Ordinance-S 352nd Street Extension AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,RELATING TO SPEED LIMITS;AMENDING FWRC 8.30.040(AMENDING ORDINANCE NOS. 13-740, 10-675, 10-669, 10-668,03-449,00-364,96-259,93-177,AND 90-29). 145 b. Council Bill#694/ Update to Federal Way Revised Code (FWRC) Regarding Fireworks AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,REPEALING CHAPTER 12.55 RELATING TO FIREWORKS AND ADOPTING NEW CHAPTER 6.63 RELATING TO FIREWORKS. 152 c. Council Bill #695/2015-2016 Mid-Biennium Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,RELATING TO BUDGETS AND FINANCE,ADOPTING THE AMENDMENT TO 2015-2016 BIENNIAL BUDGET. 158 d. Council Bill#696/2016 Property Tax Rate AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2016. 8. COUNCIL REPORTS 9. EXECUTIVE SESSION • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: November 17,2015 ITEM#: 5a 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 November 2,2015 Special and November 3,2015 Regular 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 November 2,2015 Special and November 3, 2015 Regular City Council Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: 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# r OJ�PPST Buk ,'L ?� Federal Way cG °RAPT 7.990_2e4 CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall November 2, 2015 — 6:30 p.m. (immediately following the Land Use/Transportation Committee) 1. CALL MEETING TO ORDER Mayor Ferrell called the Special Meeting to order at the hour of 6:55 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,Councilmember Lydia Assefa-Dawson, Councilmember Kelly Maloney, Councilmember Bob Celski,Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Ade Ariwoola led the flag salute. 3. STUDY SESSION a. 2015/2016 Biennial Budget Adjustment/2016 Property Tax Rate • Ade Ariwoola— Finance Director Finance Director Ade Ariwoola gave a brief PowerPoint presentation on the 2015/2016 Biennial Budget Adjustment and 2016 Property Tax Rate. He reviewed the General Fund Changes and the Major Revenue Projections. He also briefed the Council on the financial status of the Federal Way Community Center; Dumas Bay Centre; Performing Arts and Event Center; Risk Management, and Health Insurance. Mr. Ariwoola noted overall Sales Tax is higher than anticipated; Property Tax is stable; and Utility Taxes are lower than anticipated. He stated in conclusion, the City has adequate Fund Balance for the InterFund Loan and the Fund Balance is funding expected projects within the city.The budget as amended is within the approved Fund Balance Policy. • Citizen Comment—3 minute limit No citizen comment was received. • Council Discussion Municipal Court Administrator Sue White distributed a memo from Judge David Larson regarding needs that are currently not recommended for funding in the budget adjustment. Federal Way City Council Regular Minutes Page 1 of 2 November 2, 2015 Councilmembers thanked Mr.Ariwoola for his presentation and asked clarifying questions regarding if unexpended funds allocated for Branding in 2015 will be carried over to 2016; Police Sub-Station costs; and the steep increase in Valley Comm expenses. Finance Director Ariwoola stated any budgeted items can be carried over if not expended in 2015. He also responded regarding the cost of the Police Sub-Station. Chief Hwang commented on the increase in costs associated with Valley Communications. He noted Valley Comm has been underfunded and as a partner city; Federal Way shares the range of expenses including building/facility maintenance and staffing costs. Councilmembers also discussed the importance of the Federal Way Historical Society and funding needs (both current and future) for the Society. Questions were also raised regarding overall city staffing levels (both current and prior to the recession). 4. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 7:52 p.m. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 2 of 2 November 2,2015 OJ�P5T SU��'y Federal Way °° D 25th Anniversary C AF Lilt A` mac 7990-2el CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall November 3, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 7:06 pm. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Assefa-Dawson, Councilmember Kelly Maloney,Councilmember Susan Honda,Councilmember Bob Celski, Councilmember Martin Moore(participated telephonically), and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. Mayor Ferrell noted Councilmember Moore was unable to attend the meeting and was participating in the meeting via speakerphone; Councilmember Moore confirmed. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop#313 led the flag salute. 3. PRESENTATION a. Recycle-Palooza Award Presentation with Waste Management to South Puget Sound Chinese School Mayor Ferrell noted the city and Waste Management have partnered each year since 2011 to support the Recycle Palooza Contest, a city-wide recycling program which encourages and rewards Federal Way residents.This year's event was held on May 30th at the Federal Way Community Center where Federal Way resident Kit Lan Ho was the $1,000 Grand Prize Winner. She was unable to attend tonight's meeting to participate in awarding South Puget Sound Chinese Language School,the school of choice, the matching prize. Laura Moser from Waste Management and Recycling Coordinator Jeanette Brizendine presented the check along with Mayor Ferrell to David Chau, Past Principal for the South Puget Sound Chinese Language School. b. Mayor's Emerging Issues and Report Mayor Ferrell was pleased to report on the Performing Arts and Event Center Groundbreaking on Wednesday, October 21St. He noted it was well attended with over 200 in attendance including all of Council as well as local and regional legislative leaders. He thanked staff for organizing the event and all who participated. The Mayor reminded Council and citizens of the upcoming Open House with SeaTac Airport officials and FAA representatives regarding citizen complaints of increased airport traffic and noise. The meeting will be held at City Hall on November 19, 2015 at 7:00 p.m. in Council Chambers. Federal Way City Council Regular Minutes Page 1 of 5 November 3, 2015 Parks Director John Hutton was excited to announce the city is partnering with Wild Waves for the Holiday Tree Lighting. The event will be held on Friday, December 4th at 7:00 p.m. He noted Federal Way residents and those who live within the Federal Way School District boundaries will receive free admission with valid ID and a suggested food bank donation. 4. CITIZEN COMMENT David Runyan spoke regarding a Federal Way Chamber of Commerce publication which suggests use of South Transit trains from the community to alleviate traffic congestion on 1-5 and Hwy 167. Betty Taylor spoke regarding her recent experiences with the Federal Way Police Department on a ride-along. She encouraged citizens to participate so they can understand and experience another viewpoint. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval;all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: October 20, 2015 Regular and Special Meeting b. Monthly Financial Report—September 2015 c. Vouchers—September 2015 d. Fall 2015 Tourism Enhancement Grant(TEG)Awards DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DUCLOS SECOND.The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. PUBLIC HEARING a. 2015/2016 Biennial Budget Adjustment/2016 Property Tax (as required by RCW 35A.34) Finance Director Ade Ariwoola briefly reviewed the 2015/2016 Biennial Budget Adjustment and 2016 Property Tax Rate. He highlighted the Budget Calendar including the meetings previously held and the upcoming dates of importance. Tonight's Public Hearing is required by RCW 35A.34 to allow for public comment and will be continued to the next Council Meeting on November 17th Mr. Ariwoola briefly referenced a spreadsheet which itemizes the proposed budget amendments. He noted the proposed property tax rate is 1.188 per$1,000 of Assessed Valuation. This is a small decrease of 0.01% or actual $1,230 from 2015. He further demonstrated the portion the city receives in comparison to other entities including the School District; State; Fire/EMS Services; and County. Additionally he reviewed the history of Federal Way's property tax rate in comparison to six neighboring cities. Councilmembers thanked Mr. Ariwoola for his thorough presentation and asked clarifying questions regarding the amount of levy in comparison to other comparable neighboring cities. Federal Way City Council Regular Minutes Page 2 of 5 November 3, 2015 • • Citizen Comment—3 minutes each Gerald Knutzen,Vice-President of the Historical Society,thanked the Council for the ongoing support over the years; however he would like to reiterate the importance of allocating funding for the Historical Society. He feels preserving the past is of great importance for future generations. Councilmembers agreed the Historical Society is an important part of our city's future and would like to further discuss this need. • Council Questions/Discussion COUNCILMEMBER DUCLOS MOVED TO CONTINUE THE PUBLIC HEARING ON THE PROPOSED 2015-2016 BIENNIAL BUDGET ADJUSTMENT/2016 PROPERTY TAX RATE TO NOVEMBER 17, 2015 FOR FURTHER PUBLIC COMMENT; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 7. COUNCIL BUSINESS a. Council Rules of Procedure—Amendments City Attorney Amy Jo Pearsall made a brief presentation and highlighted the changes which were discussed at a previous Council Meeting. A list was made during that meeting of additional changes to be further discussed at the Council retreat to be held in early 2016. She noted most changes are being made to reflect current practice, correct inaccurate language, or are housekeeping in nature. Councilmembers asked various clarification questions of Ms. Pearsall, and requested written guidelines for Councilmembers regarding future discussions with members of Bargaining Groups. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE PROPOSED RESOLUTION AMENDING THE CITY COUNCIL RULES OF PROCEDURE; COUNCILMEMBER DUCLOS SECOND.The motion passed unanimous as follow: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. Cancellation of December 15, 2015 Regular Meeting COUNCILMEMBER DUCLOS MOVED TO CANCEL THE DECEMBER 15, 2015 CITY COUNCIL REGULAR MEETING; DEPUTY MAYOR BURBIDGE SECOND. Deputy Mayor Burbidge spoke to the motion noting historically the Council cancels the second meeting in December to allow Council and staff a break for vacation and holiday time with their families. The main 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 Federal Way City Council Regular Minutes Page 3 of 5 November 3, 2015 c. Arts Commission Appointment to fill unexpired term COUNCILMEMBER HONDA MOVED TO APPOINT DANIEL HERSHMAN AS AVOTING MEMBER OF THE ARTS COMMISSION TO FILL THE REMAINDER OF AN UNEXPIRED TERM THROUGH DECEMBER 31,2017; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes d. Human Services Appointment to fill unexpired term COUNCILMEMBER HONDA MOVED TO APPOINT KEN STARK AS AVOTING MEMBER OF THE HUMAN SERVICES COMMISSION TO FILL THE REMAINDER OF AN UNEXPIRED TERM THROUGH JANUARY 31, 2016; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 8. ORDINANCES Second Reading a. Council Bill #691/ Proposed Amendments Related to Federal Way Revised Code (FWRC) Nonconformance Chapter 19.30 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO NONCONFORMANCE; AMENDING FWRC 19.05.010, 19.05.090, 19.05.120, 19.05.140, 19.05.180, 19.05.190, 19.30.010, 19.30.020, 19.30.030, 19.30.040, 19.30.050, 19.30.060, 19.30.070, 19.30.080, 19.30.090, 19.30.095, 19.30.100, 19.30.120, 19.30.130, 19.30.140, 19.30.150, 19.30.160, 19.30.170, 19.30.200, 19.30.210, 19.105.010, 19.105.100, AND 19.140.210.(AMENDING ORDINANCE NOS.90-43,91 -113,92-135,92-144,95-235,95- 245,97-307,97-291,99-347,99-357,01 -398,02-419,02-420,04-457,04-468,05-486,06 -515,08-585,09-593,09-595,09-596,09-605,09-607,09-610,09-630, 10-652, 10-674,11 -700, 12-713, 12-724, 13-754,14-778,AND 15-797.) City Clerk Courtney read the ordinance title into the record. COUNCILMEMBER CELSKI MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. Council Bill #692/Amendment to Federal Way Revised Code (FWRC) 6.40.030 Relating to Forgery, Non-Felony AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,RELATING TO FORGERY,NONFELONY;AMENDING FWRC 6.40.030. (AMENDING ORDINANCES NOS.09-601 AND 02-429.) City Clerk Courtney read the ordinance title into the record. Federal Way City Council Regular Minutes Page 4 of 5 November 3, 2015 COUNCILMEMBER HONDA MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER ASSEFA-DAWSON 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 9. COUNCIL REPORTS Councilmember Assefa-Dawson noted she attended the Federal Way Caregiving Network's Super Supper where she was honored to speak. She was also pleased to report the "We Scare Hunger" event resulted in 2,200 pounds of food for the Multi-Service Center and thanked everyone who participated or donated. Councilmember Maloney had no report this evening. Councilmember Honda reminded citizens about the upcoming Veteran's Day Program Wednesday, November 11th from 2-3:00 p.m. at Todd Beamer High School. The event is hosted by the Federal Way Historical Society and the Noon Kiwanis. Councilmember Celski, in the spirit of the upcoming Veteran's Day Holiday next week, thanked the many veterans and families who have worked and sacrificed so much for our nation. He also thanked everyone who helped and participated in the Multi-Service Center HELPS Luncheon where over $53,000 was raised; which exceeded their previous fundraising efforts by more than $3,000. Councilmember Moore thanked Councilmember Celski for his time on the Council and dedication to the community. He also noted he attended the "We Scare Hunger" event on Halloween with local students and other Councilmembers. He had a great time for an important cause. Councilmember Duclos reported she is happy this day is over and reflected on pleasant memories of her favorite World War II veteran, her Uncle Tony, who did a lot for her and her brother growing up. Deputy Mayor Burbidge was pleased to give the welcome address at a conference for the Stomach Cancer Prevention Conference,which received Lodging Tax funds, held at Dumas Bay Centre. She attended the Super Supper and highlighted upcoming events through Centerstage Theater at the Knutsen Family Theatre. 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 8:34 p.m. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 5 of 5 November 3, 2015 COUNCIL MEETING DATE: November 17, 2015 ITEM#: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Marine Hills Stormwater Conveyance System Repair—30% Design Status Report POLICY QUESTION: Should the City Council authorize staff to proceed with the design of the Marine Hills Stormwater Conveyance System Repair project and return to the LUTC and Council at 85% design completion stage for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 2, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing C City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, SWM Manager ifize DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated November 2, 2015. Options Considered: 1. Authorize staff to proceed with the design of the Marine Hills Stormwater Conveyance System Repair project and return to the LUTC and Council at 85%design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 17,2015 City Council Consent Agenda for approval. MAYOR APPROVAL:j/pullA .1( br,4 k DIRECTOR APPROVAL: Comm' "e / Co "0' nitial /r 4 CHIEF OF STAFF: j� .m/ tee Co��il COMMITTEE RECOMMENDATION: I move to forward Option Ito the November 17, 2015 City Council consent agenda for approval. Alp • ob Celski, Chair Kell aloney, Member $aAssefa1sonMember PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the Marine Hills Stormwater Conveyance System Repair project and return to the LUTC and Council at 85%design completion stage for further reports and authorization. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED--02/06i2006 RESOLUTION# K:\COUNCIL\AGDBILLS\20I5\I 1-17-15 Marine Hills Stormwater Conveyance System Repair-30%Design.docx CITY OF FEDERAL WAY MEMORANDUM DATE: November 2, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum, P.E. Public Works Director FROM: Theresa Thurlow, P.E., SWM Manager SUBJECT: Marine Hills Storm water Conveyance ystem Repair-30% Design Status Report BACKGROUND: This project will repair deteriorated stormwater pipes and structures in the Marine Hills subdivision.The area was developed between the mid 1960's and mid 70's. Many of the storm drain pipes have exceeded their life expectancies. This project is a proactive repair program to maintain the City's stormwater utility assets,protect roadways and ensure resident safety.The project was initially divided into two phases with S. 293`d Street being the project boundary. Phase 1 was for the area north of S 293`d Street, and Phase 2 was for south of S 293`d Street. Phase 1 project was scheduled to be desgned in 2015 and constructed in 2016, while Phase 2 project was to be designed in 2017 and constructed in 2018. The Marine Hills subdivision was the first target area of Surface Water Management's conditional asset video inspection program. Video inspections to date have identified several failing or substandard storm drain pipes and structures. Multiple sink holes have developed over the last few years in this area as the result of failed storm pipes. It was found during the video inspection that pipe condition in the area has degraded faster than anticipated and some of the pipes in the Phase 2 area should be repaired prior to the caused by deteriorating 2018 construcion date. In order to minimize damage to roadways cau y g pipes, staff proposes to combine the Phase 1 and Phase 2 projects and prioritize the repair work in accordance with pipe condition. The following provides a brief synopsis of the progress on this project to date. The project design is approximately 30% complete, which includes the following completed tasks: • Video inspection to identify and map deteriorated pipes and structures. 95% of Phase 1 area has been recorded and 42%of Phase 2 pipes have been recorded. • Economic and structural analysis for two different repair methods: open cut replacement or cured-in-place-pipe(CIPP) repair. • Pipe survey underway. • Pipe hydraulic capacity analysis underway. • Project design-30% Ongoing Tasks Include: • Finish video inspection, pipe rating, and prioritization. • Work with property owners to obtain easements. • Finish pipe survey. • Finish pipe hydraulic capacity analysis. July 18,2005 Land Use and Transportation Committee South 320th Street at 15t Avenue South Intersection Improvements Project-30%Design Status Report • Page 2 • Contract PS&E to 85%. PROJECT ESTIMATED EXPENDITURES: In house Design $0 Consultant Survey $ 13,439 2016 Construction Cost Phase 1 $726,340 2016 Construction Cost Phase 2 $726,340 30%Construction Contingency $435,804 15%Construction Management $283,272 TOTAL PROJECT COSTS $2,185,195 AVAILABLE FUNDING: Budgeted City Funds Phase I $985,000 Budgeted City Funds Phase II $850,000 KCFCD Opportunity Fund $350,195 2016 TOTAL AVAILABLE BUDGET $2,185,195 cc: Project File Day File COUNCIL MEETING DATE: November 17,2015 ITEM#: 5C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pete von Reichbauer Way S. and S 316th Street Sidewalk Replacement Project —85% Design Status Report and Authorization to Bid POLICY QUESTION: Should the Council authorize staff to proceed with the bidding of Pete von Reichbauer Way S. and S 316th Street Sidewalk Replacement Project and return to the LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov. 2, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business n Resolution El Other STAFF REPORT BY: John Mulkey, P.E., Street Systems Manger DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum date November 2, 2015. Options Considered: 1. Authorize staff to bid the Pete von Reichbauer Way S. and S 316th Street Sidewalk Replacement 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 Pete von Reichbauer Way S. and S 316th Street Sidewalk Replacement Project and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 17 2015 City Council Consent Agenda for approval. MAYOR APPROVAL /f“,"/ /cp.kp� DIRECTOR APPROVAL: Coifimit tee /y Council ��M 1 Initial/Date // Initi I/P:'- Initial/D. CHIEF OF STAFF: O.(A . �/7 ~ t�'I- ��: 01 �°ee C.ALT" Initia/Date Ini //Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 17, 2015 City Council consent agenda r approval. • - r ►,% ob Celski, air Kelp Malone , Memb i is Assefa-)a ion, Member • PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the Pete von Reichbauer Wa r:. and S 316th Street Sidewalk Replacement 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- 1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: November 2, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Director John Mulkey, P.E., Street Systems Manager SUBJECT: Pete von Reichbauer Way S and S 316th Street Sidewalk Project—85% Design Status Report and Authorization to Bid BACKGROUND: This Project will install new sidewalk on the east side of Pete von Reichbauer Way and S 316th Street adjacent to Town Square park to bring the sidewalks in this area up to planned City standards. Improvements will include new 12-foot sidewalks with street trees and decorative lighting. This project requires no right-of-way acquisition. 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% • SEPA Environmental Exemption Documentation Ongoing Tasks Include: • Project Design to 100% PROJECT ESTIMATED EXPENDITURES: Design(In-house Design) $30,000 Right-Of-Way Acquisition N/A Survey Consultant $10,000 Structural Engineer $15,000 2015 Construction Cost Est. $300,000 10%Construction Contingency $30,000 King County Services(Electrical) $5,000 TOTAL PROJECT COSTS 1 $390,000 PROJECT AVAILABLE FUNDING: Misc.Trans.(2015)Transportation Safety Program $394,512 TOTAL AVAILABLE BUDGET $394,512 The project is within available budget and staff anticipates bidding the project in January 2016. Construction is anticipated to commence in April 2016 with an estimated substantial completion date in October 2016. COUNCIL MEETING DATE: November 17,2015 ITEM#: 5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grant Funding for Transportation Improvement Projects—Authorization to Accept Grant Funding POLICY QUESTION: Should City Council authorize staff to accept Connecting Washington Pedestrian and Bicycle Safety Project State funding program for Transportation Improvement Projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 2, 2015 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E. Street Systems Manager DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 2, 2015 Options Considered: 1. Authorize staff to accept the grant funding under the Connecting Washington Tiered Pedestrian and Bicycle Safety Project, State funding Program for the Steel Lake to Downtown Trail project and authorize the transfer of$300,000 for project 146 - 10th Ave SW and Campus Drive to this project for the required funding match. 2. Do not accept grant funding under the Connecting Washington Pedestrian and Bicycle Safety Project, State funding Program for the Steel Lake to Downtown Trail project. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 17,2015 Council Consent Agenda for approval. MAYOR APPROVAL l y�-� , Z/ i 1[RECTOR APPROVAL: Comm itt / Coun ? ) nitial/Date Initial Initial/ CHIEF OF STAFF: , ,ay\ '4I C e Cou r 1 ial/I<te I niti., date COMMITTEE RECOMMEN ATION: I move to forward Option 1 to the November 17, 2015 Council Consent Agenda for approval: :ob Celski, Chair Kelly aloney, Memb;i ' dia Assefa � son,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to accept the grant finding undlI the Connecting Washington Pedestrian and Bicycle Safety Project, State funding Program for the Steel Lake to Downtown Trail project and authorize the transfer of$300,000 for project 146- 10th Ave SW and Campus Drive to this project for the required funding match. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: November 2, 2015 TO: City Council VIA: Jim Ferrell,Mayor FROM: Marwan Salloum, P.E., Public Works Director John Mulkey,P.E., Street Systems Manager SUBJECT: Grant Funding for Transportation Improvement Projects—Authorization to Accept Grant Funding BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2015 under legislative Earmark. Project (Funding Phase) Grant Funding Amount Required City Match Grant Steel Lake Park to Downtown Trail (Design and Construction) $300,000 $400,000*** Connecting Washington Tiered Pedestrian&Bicycle Safety Project (State Funds) ***The required City match will be obtained by the transfer of$300,000 for CIP project 146—10th Ave SW and Campus Drive Intersection improvement project and budgeting$100,000 in 2017 for this project from the Annual Transportation System Safety Improvements fund. K:\LUTC\20I5\10-02-15 Acceptance of Grant Funding-Pedestrian&Bicycle Safety Project.doc COUNCIL MEETING DATE: November 17, 2015 ITEM#: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016 Pedestrian Safety Program—Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to proceed to design and build the 2016 Pedestrian Safety project using the revised prioritization criteria, including using remaining funds from the 2015 Pedestrian Safety project and return to the LUTC and Council bid award? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 2, 2015 CATEGORY: El Consent ❑ Ordinance El Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, City Traffic Engineer re2 DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated November 2, 2015. Options Considered: 1. Authorize staff to proceed with the design and advertisement of the 2016 project using the revised prioritization criteria and funds remaining from the 2015 project, and return to the LUTC and Council for bid award. 2. Do not authorize staff to proceed with design and advertisement of this project and provide direction to staff. MAYOR RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Nov:0 ber 17, 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: S dill„,,./,/��S DIRECTOR APPROVAL: 11 I n Oinmittee "ou Initial CHIEF OF STAFF: 13,14h1%41Lik, O L/ \< Commi Council I ` COMMITTEE RECOMMENDA ION: I move to forward Option 1 to the November 17, 2015 City Council consent agenda for approval. onip \i,e„,„,, •lio!P:firalIWIL *tir ....1:4111111 ielik:ob Ce s i, C air Ke1 Maloney, Me y•is Assef. :1 son, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design and adverti ,ment of the 2016 Pedestrian Safety project using the revised prioritization criteria and funds remaining from the 2015 project and return to the LUTC and Council at bid award " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENTED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—02/06/2006 RESOLUTION# K:\COUNCIL\AGDBILLS\2015\1 1-17-15 2016 Ped Safety-Authorization to Bid.docx CITY OF FEDERAL WAY MEMORANDUM DATE: November 2, 2015 TO: Land Use/Transportation Committee VIA: Jim Ferrell, Mayor FROM Marwan Salloum, P.E., Director of Public aorks Rick Perez, P.E., City Traffic Engineer SUBJECT: 2016 Pedestrian Safety Program—Authorization to Bid BACKGROUND: In December of 2009, the City Council authorized staff to create a "Citywide Pedestrian Improvements Project" funded by gas tax revenue dedicated to transportation safety improvements. Based upon the developed prioritization program, eight rectangular rapid flashing beacon (RRFB) installations were constructed in the spring and summer of 2011 bringing the total number of RRFB systems to 13. The program was placed on hold in 2012 by the Mayor. By 2014, six more have added by capital projects,the School Zone Enhancement Program, and developer mitigation. Council inquiries led to the program being reinstated in October 2014. The intention of the Citywide Pedestrian Safety Improvements Program as currently implemented is to improve safety for pedestrians crossing roadways. Pedestrian collision history shows where past collisions have occurred and where a need for further safety measures exists. Documented pedestrian collision history is a critical component of the prioritization criteria and thus has been weighted on a scale double that of the other criteria. At locations where existing flashing beacon systems are installed, only collision data following the installation is analyzed. The table below shows the list that was approved for construction in 2015, and a preliminary list of potential locations for 2016. Priority Proposed Total Preliminary Actual Cost Number Installation Reference Location points Cost Street Estimate Recommended for Construction in 2015 1 1st Way S 1st Place S Northeast Leg 20.5 $22,500 $20,252 2 SW Dash Point SW 306 Street/ Southwest 15.5 $23,500 $16,381 YTD Road 12th Avenue SW Leg 2 _ SW 320th Street 36th Avenue SW 315 ft West _ 15.5 _ $22,250 $21,400 4 SW 320th Street SW 323rd Street 500 ft East 13.0 $27,250 $21,401 4 _ 19th Avenue SW SW 340th Street 410 ft North 13.0 $21,500 $15,957 YTD 6 SW 320th Street 3rd Place SW 200 ft West 12.5 $42,513 $31,053 YTD to West Campus $7694 7 SW 330 Street 12.0 $15,500 Trail 8 S 320th Street 5th Avenue S _ 220 ft West 11.5 $47,452 Not constructed 9 1st Way S S 340th Street 410 ft North 11.0 $37,996 Not constructed November 2,2015 Land Use and Transportation Committee 2016 Pedestrian Safety Program—Authorization to Bid Page 2 Sub-Total Schedules = $260,461 $134,138 YTD 10% Construction Contingency $26,046 $0 Construction Administration $45,251 $0 Printing of Advertisement $3,500 $1,834 Estimated Total $335,258 $135,972 2015 Budget $339,826 Remaining Balance/Carryforward $203,854 Potential Locations for Co nstruction in 2016 9 SW 325th Place _ 13th Avenue SW East Leg 11.0 $15,958 11 SW 320th Street 18th Avenue SW 200 ft East 10.5 $37,815 11 Hoyt Road SW SW 329th Way North Leg 10.5 $23,500 11 SW 312th Street 4 Ave SW 310 ft West 10.5 $21,500 11 21St Avenue SW SW 307th Street South Leg 10.5 $17,500 th 11 SW 356 Street 18 th Avenue SW West Leg 10.5 $38 600 11 Hoyt Road SW SW 326th Street South Leg 10.5 $23,500 11 12th Avenue SW SW 344th Street South Leg 10.5 $21,500 /BPA Trail 11 16th Avenue SW SW 306tt' Street North Leg 10.5 $23,500 Sub-Total Schedules = $223,373 10% Construction Contingency $22,337 Construction Administration $44,674 Printing of Advertisement $3,500 Estimated Total $293,884 Of the locations approved for 2015, the first seven locations were constructed. The last two were not constructed due to bids being significantly higher than the engineer's estimate. Since then, the Mayor requested staff review a location next to senior housing. Consequently, staff is proposing that senior housing as an adjacent land use would score 3 points, as opposed to multi-family housing which scores 2 points. In the process of that review, staff discovered an error in the prioritization spreadsheet. The higher- ranked locations remained high, but other locations also scored higher. In updating other data, some new locations were added for review, based on public requests, new transit stop data,and new collision data. Staff also proposes to establish a minimum score of 6.0 points to be eligible for installation of RRFB's. Although it is important that we support improved non-motorized connectivity without sacrificing safety, a review of pedestrian collision locations at unsignalized locations suggests that less than 10% are from crossing uncontrolled approaches. Half of these collisions involve pedestrians and (mostly) bicyclists crossing stop-controlled side streets while traveling along arterials and collectors. Staff proposes to continue funding RRFB installations scoring at least 6.0 points while appropriate countermeasures for these other types of collisions are investigated. The following is a priority location list of the highest ranking future and potential locations and their respective point totals. Over seventy pedestrian crosswalk locations were evaluated including those with existing midblock crossings, locations where past pedestrian accidents have occurred and locations where citizens have in the past expressed a desire for mid-block pedestrian crosswalks. November 2,2015 Land Use and Transportation Committee 2016 Pedestrian Safety Program—Authorization to Bid Page 3 Priority Proposed Installation Total Preliminary Number Street Reference Location Points Cost Estimate Recommended for Construction in 2016 1 21st Avenue SW SW 322nd Place 200 ft South 12.5 $47,700 2 S 320th Street 5th Avenue S 200 ft West 11.5 $85,000 3 SW 320th Street 18th Avenue SW 200 ft East 10.5 $45,400 4 Military Rd S S 282nd Street 200 ft South 9.5 $33,500 5 SW 320th Street 6th Avenue SW 200 ft West 8.5 $45,200 5 Pete von R S hbauer S 320th Street 575 ft North 8.5 $49,800 7 21st Avenue SW SW 330th Street 200 ft North 8.0 $40,500 7 SW 312th Street 4th Avenue SW 315 ft West 8.0 $25,800 Sub-Total Schedules= $372,900 10% Construction Contingency $37,290 Construction Administration $37,290 Printing of Advertisement $3,500 Estimated Total $450,980 2016 Budget $293,844 2015 Carryforward $203,854 2016 Estimated Carryforward $46,718 The estimated cost of$450,980 is a preliminary figure used for estimating purposes only and includes construction administration, construction contingency, printing and advertising. The program would be funded from the Transportation Safety Fund, established by the Council in 2005 with revenue from the additional 0.5 cents in fuel tax that cities received in that year's fuel tax increase. This source generates approximately$320,000 annually. The 2016 adopted budget allocates $293,844, which, when combined with the remaining balance from 2015, leaves an estimated$46,718 in reserve. Once Council approves the list of locations for the 2016 Citywide Pedestrian Safety Improvements Program, staff will begin the project design. The anticipated date for advertisement is March 2016 with construction beginning in May 2016. In Fall 2016, staff would present a final list of recommended locations for further improvements to be constructed in 2017. Staff will also continue to pursue other funding sources to procure pedestrian improvement installations through existing and future grant funding programs. cc: Project File Day File -. Map Date:October 2015 it of Pedestrian Safety Program City of Federal Way GIS Division 33325 8th Ave S Federal Way\V/A ay Federal Way,WA 98003 253-835-7000 www.cityoffederalway.com Des Kent Moines S 272nd St � (4,'.& ' A Puget Sound ",^ i Sod • o y o t. S 288th St LS' /7 fir/ _in ' N Federal ' Federal d Way — Rm. Way a y Q°yn`R Q S 304th PAA r th St t O ` Q SW 312ti $t • 5312th St ` i ,SWpasr P S 20th St • 0 / SW 320th St V�3 • • N • S 320th St y • • > Au 1f > a ; # ,� a x 5"324ttfSt s y _ h 3. • a H� ths.h0re Pkwy SW arl.1.o S 336th St • eDr MOM v`b I _� a r Legend s 348th St �,� 9 r City Limits a Federal Potential Annexation Area \ SW 356th St way j w Streets z PAA Arterial �� i. .0 Collector Qo ` > 1 Freeway .t° v do co Freeway Ramp y Ma, Q° \y 4 Local �- fie LP 4 f� k Pedestrian Safety Program o, ,Z-a Status k Completed 4 • Completed in 2015 I Milton • Proposed for 2016 M... Q Fife © Q Edgewood CITY OF This map is intended for use '" . Federal Way 0 0.5�1 as a graphical representation. era 1 ` � Miles The City of Federal Way makes N no warranty as to its accuracy. j R:\erike\PVV\Traffc\Projects\Traffic Signals\Maps\RapidFlashingArrows.mxd COUNCIL MEETING DATE: November 17, 2015 ITEM#: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Resolution: Demonstrating completion of the 2015 Growth Management Act Periodic Update POLICY QUESTION: Should the City adopt a Resolution demonstrating completion of the 2015 Growth Management Act Periodic Update? COMMITTEE: Land Use/Transportation Committee MEETING DATE: November 2, 2015 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business N Resolution ❑ Other STAFF REPORT BY: Principal Planner Margaret H. Clark DEPT: Community Development Attachments: 1) October 20, 2015, Memorandum to the Land Use/Transportation Committee; 2)Resolution Background: See attached City of Federal Way Memorandum Options Considered: 1)Adopt the resolution; 2)Adopt the resolution as modified by the LUTC; 3)Do not adopt the resolution. MAYOR'S RECOMMENDATIO • e Mayor recommends adoption of the resolution.� y MAYOR APPROVAL: !' ?jury ,� 0' //DIRECTOR APPROVAL: �f.� Co e / •.until !s nitial/Date Initi. 'a. Initial/I - CHIEF OF STAFF: �.,1iL17i. 1 4. VN( Co.nci% itial late Ini..1/Dr e COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the November 17, 2015, Council Business Agenda for approval. ►,.1.11,,�i rS► ► / tp, Bob Cels� air Kelly aloney,Member 'is Assefa-Da on, ember PROPOSED COUNCIL MOTION(S): "I move approval of the proposed resolution." (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# 0`)T' T B(g4o,2 Federal Way OG 737_ 25 Annir�n�ry y J 7990-20�`s CITY OF FEDERAL WAY MEMORANDUM DATE: October 20,2015 TO: Land Use/Transportation Committee VIA: Jim Ferrell,Mayor FROM• Michael A.Morales, Community Development Director Margaret H. Clark,Principal Planner Awe SUBJECT: Resolution:Demonstrating Completion of the 2015 Growth Management Act Periodic Update BACKGROUND The Growth Management Act(GMA)required the City of Federal Way, a"fully planning"city within King County,to update its comprehensive plan and development regulations, including its policies and regulations designating and protecting critical areas in order to comply with the requirements of Chapter 36.70A RCW by June 30, 2015. In addition,the GMA requires that a specific"legislative action"be taken to demonstrate the completion of these requirements.The City completed these requirements on June 16,2015,by adoption of Ordinance No. 15-796,which updated Chapters 1 through 10 of the Federal Way Comprehensive Plan; Ordinance No. 15-798, which approved changes to comprehensive plan designations and zoning of eight parcels(four citizen-initiated requests); and Ordinance No. 15-797, which updated the Critical Areas Ordinance.The adoption of the attached resolution demonstrates compliance with the requirements of Chapter 36.70A RCW and facilitates the Department of Commerce's process to certify City completion. RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, demonstrating completion of the 2015 Growth Management Act Periodic Update. WHEREAS,the Growth Management Act of 1990, as amended (Chapter 36.70A RCW or "GMA"),requires the City of Federal Way to adopt a comprehensive plan which includes a land use element(including a land use map),housing element,capital facilities plan element,utilities element, economic development element,transportation element(including transportation system maps),and a parks and recreation element; and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS,RCW 36.70A.130(4)required the City of Federal Way,a"fully planning"city within King County, to update its comprehensive plan and development regulations, including its policies and regulations designating and protecting critical areas in order to comply with the requirements of Chapter 36.70A RCW by June 30, 2015; and WHEREAS, updates can be done on a continuing basis, but must be done in a deliberate manner every eight years according to a schedule established by RCW 36.70A.130(4); and WHEREAS,the deliberate GMA Update process includes four basic steps:(1)establishment of a public participation program that identifies procedures and schedules for the review,evaluation, and possible revision process; (2)review of relevant plans and regulations; (3)analysis of need for revisions; and (4) adoption of an appropriate resolution and/or amendments; and WHEREAS,the Federal Way City Council adopted its comprehensive plan with a land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map Resolution No. 15- Page 1 of 7 Rev 1/15 implementing the Plan on July 2, 1996; and WHEREAS,the Federal Way City Council subsequently amended the Comprehensive Plan, land use map, and zoning map on: December 23, 1998; September 14, 2000; November 1, 2001; March 27, 2003; July 20, 2004; June 16, 2005; July 16, 2007; June 11, 2009; October 28, 2010; January 27, 2011; January 23, 2013; August 14, 2013; and July 29, 2015; and WHEREAS,as part of its annual comprehensive plan and development regulations update, the City has established a public participation program, which consists of a docket program, notification of citizens interested in applying for amendments to the comprehensive plan and development regulations;publishing notices in the paper, and posting notices on all official notice boards; and WHEREAS, as part of the Periodic Update, the City established a public participation program,which started with a March 19,2014 Open House hosted by the Planning Commission;and WHEREAS,a Comprehensive Plan Update Web Page and a Critical Areas Update Web Page were created; and WHEREAS, an Interested Parties List, and a Notify Me list were created for both the Comprehensive Plan Update and the Critical Areas Ordinance Update; and WHEREAS,on-line surveys were created to solicit public input on both the Comprehensive Plan Update and the Critical Areas Ordinance Update; and WHEREAS,as each chapter of the comprehensive plan was updated,it was presented to the Planning Commission at a study session (July 2, 2014; September 17, 2014; October 15, 2014; November 19,2014;December 17,2014;January 21,2015,February 4,2015;March 18,2015;April 15, 2015; and May 6, 2015); the chapter was posted on the Web Page; and interested parties were Resolution No. 15- Page 2 of 7 Rev 1/15 notified; and WHEREAS,a stakeholders group consisting of community representatives was created for the Critical Areas Ordinance Update; and WHEREAS, the Planning Commission conducted two study sessions on the critical area amendments on March 4, 2015 and April 15, 2015; and WHEREAS, as part of the Periodic Update, staff reviewed the Department of Commerce Comprehensive Plan and Development Regulations Update Checklists, and the Puget Sound Regional Council's Update Checklist; and WHEREAS,staff determined that Chapter 1,Introduction; Chapter 2,Land Use;Chapter 3, Transportation; Chapter 4, Economic Development; Chapter 5, Housing; Chapter 6, Capital Facilities; Chapter 7, City Center; Chapter 8, Potential Annexation Area; Chapter 9, Natural Environment; and Chapter 10, Private Utilities of the Federal Way Comprehensive Plan and the Critical Areas Ordinance must be updated to comply with the requirements of Cha p ter 36.70A RCW, VISION 2040, and the Countywide Planning Policies; and WHEREAS, the City has not considered amendments to Chapter 11, Shoreline Master Program,or Chapter 12,Twin Lakes Commercial District Subarea Plan,because these chapters were adopted in 2011 and 2012 respectively, and no updates were necessary to comply with Chapter 36.70A RCW, VISION 2040, and the Countywide Planning Policies; and WHEREAS, the Department of Commerce Development Regulations Update Checklist required a city located adjacent to I-5,1-90,1-405,or SR 520 to adopt regulations that allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use, or critical areas; and Resolution No. 15- Page 3 of 7 Rev 1/15 WHEREAS,staff found that although the City has not adopted specific regulations to allow electric vehicle infrastructure,the City allows Level 1 and 2 charging stations in all zones, Level 3 charging stations as accessory to all non-residential uses, and by interpretation allows battery exchange stations in all zones where vehicle service stations, car wash, vehicle service, or vehicle repair are presently allowed, which are the majority of the non-residential zones; and WHEREAS, staff determined that no additional changes were needed to the development regulations; and WHEREAS,between March 2014 and May 2015,staff updated Chapters 1 through 10 of the Federal; Way Comprehensive Plan and updated the Critical Areas Ordinance consistent with the requirements of Chapter 36.70A RCW,VISION 2040, and the Countywide Planning Policies;and WHEREAS, on May 20, 2015,the City of Federal Way Planning Commission held public hearings on the proposed revisions to the Federal Way Comprehensive Plan and Critical Areas Ordinance in order to receive public comments,at the close of which it recommended to the Council approval of Chapters 1 through 10 of the Federal Way Comprehensive Plan and of the Critical Areas Ordinance; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the amendments to the Critical Areas Ordinance on June 1, 2015, and recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the 2015 Federal Way Comprehensive Plan amendments on June 1 and 8, 2015, and recommended approval of Chapters 1 through 10 of the Federal Way Comprehensive Plan as modified by them; and Resolution No. 15- Page 4 of 7 Rev 1/15 WHEREAS, the City Council, through its staff, Planning Commission, and Land Use/Transportation Committee, received, discussed, and considered the testimony, written comments,and material from the public,and considered the proposed revisions to the Federal Way Comprehensive Plan and Critical Areas Ordinance at its City Council meeting on June 16,2015,at the end of which the City Council moved to adopt the following ordinances: 1. Ordinance No. 15-796,AN ORDINANCE of the City of Federal Way,Washington,relating to amendments to the Federal Way Comprehensive Plan,amending Chapters 1 through 10 of the Federal Way Comprehensive Plan (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330,00-372, 01-405,03-442,04-460,04-461, 04-462, 05-490, 05-491,05-492,07-558, 09-614, 10-671, 11-683, 13-736, and 13-745); and 2. Ordinance No. 15-797,AN ORDINANCE of the City of Federal Way,Washington,relating to environmentally critical areas (Amending Ordinance Nos. 90-40, 90-43, 90-79, 91-105, 91-123, 93-192, 97-291,99-353,04-468,07-554,08-585,09-593,09-594,09-605,09-607, 09-610, 12-711, 12-713, 13-754, 14-771, and 14-778); and 3. Ordinance No. 15-798,AN ORDINANCE of the City of Federal Way,Washington,relating to amendments to the Federal Way Comprehensive Plan, amending the Federal Way Comprehensive Plan,approving changes in Comprehensive Plan Designations and Zoning of Site Specific Rezone No. 1 -4.63 acres located at 36027 and 36005 6th Avenue SW from Single-Family Medium Density Residential (RS 15.0) to Single-Family High Density Residential(RS9.6); Site Specific Rezone No. 2- 1.82 acres,located at 33061 15th Avenue South and 1411 South 330th Street from Office Park(OP)to Community Business(BC);Site Specific Rezone No.3-0.18 acres,located at 1443 South 308th Street from Multiple Family (RM1800) to Community Business (BC); and Site Specific Rezone No. 4 - 1.97 acres located at 32020 1st Avenue South from Professional Office (PO) to Office Park (OP) (Amending Ordinance Nos.90-43,95-248,96-270,98-330,00-372,01-405,03-442,04-460, 04-461, 04-462, 05-490, 05-491,05-492,07-558,09-614, 10-671, 11-683, 13-736,and 13- 745). Resolution No. 15- Page 5 of 7 Rev 1/15 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Compliance A. The City of Federal Way comprehensive plan and development regulations, as set forth in Ordinance Numbers 15-796 and 15-798,previously transmitted to the Washington State Department of Commerce on July 28,2015,and Ordinance Number 15-797 transmitted on August 25,2015,are in substantial compliance with applicable law,including Chapter 36.70A and Chapter 43.21C RCW and has been prepared with appropriate public participation and has complied with Process VI review,Chapter 19.80 FWRC,pursuant to Chapter 19.35 FWRC,the City of Federal Way's process to amend the comprehensive plan and development regulations. B. The City will continue to update its comprehensive plan and development regulations annually. Section 2. Severability.If any section,sentence,clause,or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers, and any references thereto. Section 4.Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 15- Page 6 of 7 Rev I/15 Section 5.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 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 7 o g of 7 Rev I/15 COUNCIL MEETING DATE: November 17,2015 ITEM #: 5g ........__ ......_. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2015 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD POLICY QUESTION: Should the City of Federal Way accept the 2015 Emergency Management Performance Grant award to fund the Emergency Management Specialist position and help fund the mass notification system CodeRed? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE:November 10tH 2015 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ray Gross, Emergency Manager /' .DEPT: Emergency Management Attachments: Memorandum 2015 Emergency Management Performance Grant Options Considered: Option 1.Approve the 2015 Emergency Management Performance Grant Option 2. Do not approve the 2015 Emergency Management Performance Grant and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1,to accept the 2015 Emergency Management Performance Grant. MAYOR APPROVAL: •i/ t r lam- dpi/DIRECTOR APPROVAL: /./ Com nittee ounci � Initial/D -O�/� Initia •. - qq Initial/D.I CHIEF OF STAFF: p.14.6 C V� Cosu 1,. Cot ciA Ina e Initi. COMMITTEE RECOMMENDAT ON: I move to forward the 2015 Emergency Management Performance Grant_ to the November 17th, 2015 City Council consent agenda for approval. 44/0/641/4_„/ /Lie_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `I move approval of accepting the 2015 Emergency Management Performance Grant. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 26th,2015 TO: Parks,Recreation,Human Services,and Public Safety Committee FROM: Ray Gross, C.E.M., Emergency Manager SUBJECT: 2015 Emergency Management Performance Grant(EMPG)Application BACKGROUND: The City of Federal Way Emergency Management Division has applied for the 2015 Emergency Management Performance Grant(EMPG). The purpose of the EMPG is to assist with the enhancement and sustainment of emergency management programs. Activities conducted using EMPG funding should relate directly to the four elements of all-hazards emergency management: response, recovery, mitigation and preparedness. Washington State Emergency Management Division passes-through federal funding to eligible local emergency management agencies. The EMPG program requires a 50% match from the local jurisdiction and the total award amount is based on the local Emergency Management Agency's operating budget. The City of Federal Way is expected to be awarded $47,208 and has $47,208 in matching funds. The performance period of the 2015 EMPG is from June 1, 2015 through August 31, 2016. The City of Federal Way Emergency Management Division would like to use the awarded EMPG funds to continue funding of the Emergency Management Specialist position in the year 2015 and 2016. Funding this position is vital to keeping the Community Emergency Response Team training and the Neighborhood Emergency Team program at current levels of performance. EMPG funds would also be used to help continue funding of the mass notification system CodeRed. cc: Project File Day File Washington State Military Department HOMELAND SECURITY GRANT AGREEMENT FACE SHEET , 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Federal Way $47,208 E16-105 33325 8th Avenue South Federal Way,WA 98003-6325 4. Subrecipient Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ray Gross,(253)835-2712 June 1,2015 August 31,2016 ray.o rossAcityoffederalway.com 7. Department Program Manager,phone/email: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue): Sierra Wardell,(253)512-7121 601-223-538 sierra.wardell(d mil.wa.gov 612509901 10. Funding Authority: Washington State Military Department(the"DEPARTMENT")and the U.S.Department of Homeland Security(DHS) 11. Federal Funding Identification #: 12. Federal Award Date: . 13. Catalog of Federal Domestic Assistance(CFDA)#&Title: EMW-2015-EP-00028-S01 09/22/2015 97.042(15EMPG) 14. Total Federal Amount #: 15. Program Index#&OBJ/SUB-OBJ: 16. TIN: $7,219,265 753PT NZ 91-1462550 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned,State (BY LEGISLATIVE DISTRICT): 30 Certified?: X N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 9 King County ❑ YES,OMWBE# 20. Agreement Classification 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Research/Development ❑ NE ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency. 22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ NE RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER 24. PURPOSE&DESCRIPTION: The purpose of the FY 2015 Emergency Management Performance Grant(15EMPG)is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 15EMPG Award EMW-2015-EP-00028-S01,which is incorporated in and attached hereto as Attachment#1,and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF,the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Timeline(Exhibit D); Budget(Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and, 3. Work Plan 6. Other provisions of the Agreement incorporated by reference WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date 1 Richard A.Woodruff,Contracts Administrator Jim Ferrell, Mayor Washington State Military Department City of Federal Way BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM(if applicable): Brian E. Buchholz(signature on file 9/22/2015) Assistant Attorney General Applicant's Legal Review Date Form 05/12/2015 MLL DHS-FEMA-EMPG-FFY 15 Page 1 of 29 City of Federal Way, E16-105 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT MILITARY DEPARTMENT Name Ray Gross Name Gary Stumph Title Emergency Manager Title Program Coordinator E-Mail ray.urossacityoffederalwav,com E-Mail ciarv.stumphCD_mihwa.gov Phone 253-835-2712 Phone 253-512-7483 Name Brian Wilson Name Sierra Wardell Title Chief of Staff Title Program Manager E-Mail brian.wilson(cacityoffederalway.com E-Mail sierra.wardell mil.wa.gov Phone 253-835-2510 Phone 253-512-7121 Name Name Dalton Gamboa Title Title Program Assistant E-Mail E-Mail dalton.gamboa(amil.wa.gov Phone Phone 253-512-7044 ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 15EMPG Program, including, but not limited to, all criteria, restrictions and requirements of the "Department of Homeland Security Notice of Funding Opportunity FY 2015 Emergency Management Performance Grant" document published by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-00028-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment#1. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS &CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 15EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 15EMPG funds, including but not limited to those contained in 2 CFR 200. DHS-FEMA-EMPG-FFY 15 Page 2 of 29 City of Federal Way, El 6-105 ii. The Subrecipient shall require its subrecipient to comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 15EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security Notice of Funding Opportunity FY 2015 Emergency Management Performance Grant" document published by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP- 00028-S01 in Attachment#1, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 15EMPG federal award funds provided to its subrecipient are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment#1 of this Agreement. 2. REIMBURSEMENT& BUDGET REQUIREMENTS a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits, printing,equipment,and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an indirect cost rate agreement negotiated between the federal cognizant agency for indirect costs and the Subrecipient establishing approved indirect cost rate(s)as described in 2 CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10%of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate, but must not exceed the indirect cost rate percentage identified in Exhibit E, Budget. If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department Key Personnel for approval with an explanation for the change. d. For travel costs, Subrecipients shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. e. The Subrecipient will submit reimbursement requests to the Department by submitting a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. DHS-FEMA-EMPG-FFY 15 Page 3 of 29 City of Federal Way, E16-105 Reimbursement requests must be submitted to Reimbursements(a mil.wa.gov no later than the due dates listed within the Timeline(Exhibit D), but not more frequently than monthly. Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel to waive the due date in the Timeline (Exhibit D) and instead submit those costs on the next scheduled reimbursement due date contained in the Timeline. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department,and local,state,or federal auditors. g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a request for Amendment of the Agreement and must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration, and can be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to timely submit complete reports and reimbursement requests as required by this Agreement(including but not limited to those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the reporting Subrecipient is current with all ep g re uirements contained in this requirements Agreement. A written amendment will be required if the Subrecipient expects cumulative transfers between budget categories,as identified in the Budget (Exhibit E), to exceed 10% of the Grant Agreement Amount. Any adjustments to budget categories totals not in compliance with this paragraph will not be reimbursed. reci i nts shall only use federal award funds under this Agreement to m. Sub p e y 9 supplement existing funds,and will not use them to replace(supplant)non- federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. DHS-FEMA-EMPG-FFY 15 Page 4 of 29 City of Federal Way, E16-105 3. REPORTING REQUIREMENTS a. The Subrecipient shall submit with each reimbursement request a report indicating the Work Plan activities the expenditures for which reimbursement is sought relate to, in the format provided by the Department. b. In conjunction with the next annual grant cycle application process, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. If a Subrecipient will not be applying for grant funding during the next annual grant cycle application process, the Subrecipient will submit a final report with its final reimbursement request to the Department detailing progress on all activities listed in the Work Plan. c. In conjunction with the final report,the Subrecipient shall submit a separate report detailing how the EMPG Exercise and Training requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient shall also comply with the Federal Funding Accountability and Transparency Act(FFATA)and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a)of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department the FFATA Form located at http://mil.wa.gov/emergency-management- division/grants/requiredgrantforms,which is incorporated by reference and made a part of this Agreement. e. The Subrecipient shall participate in the State's annual capabilities assessment for the State Preparedness Report. 4. EQUIPMENT MANAGEMENT a. Subrecipients and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318—200.326,to include but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Equipment records shall include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Federal Award Identification Number (FAIN); Catalogue of Federal Domestic Assistance(CFDA)number;who holds the title;the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by DHS-FEMA-EMPG-FFY 15 Page 5 of 29 City of Federal Way, E16-105 the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment and supplies are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated and a report generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. ix. If upon termination or at the Grant Agreement End Date, there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value which will not be needed for any other Federal award, or when original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, the Subrecipient must comply with following procedures: A. The Subrecipient may retain the supplies for use on other non- Federal related activities or sell them, but must compensate the Federal sponsoring agency for its share. B. The Subrecipient must dispose of equipment as follows: i. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Subrecipient with no further obligation to the awarding agency. ii. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Subrecipient shall compensate the Federal- sponsoring agency for its share. x. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subgrantee shall comply with EMD's Purchase Policy contained within the EMD Purchase Workbook version 2015.1 located at http://mil.wa.gov/emergency-manaqement-division/grants/homeland- security-grants, incorporated by reference and made part of this Agreement. DHS-FEMA-EMPG-FFY 15 Page 6 of 29 City of Federal Way, E16-105 No reimbursement will be provided unless the appropriate approval has been received. c. Allowable equipment categories for the 15EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fema.gov/preparedness-non-disaster-grants. The AEL consists of 21 categories which are divided into sub-categories. It is important the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program, and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. Subrecipients are solely responsible for ensuring purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, Subrecipients must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. Subrecipients are solely responsible for ensuring equipment eligibility in accordance with the AEL. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using Federal award funds. e. Equipment purchased with DHS federal award funds is to be marked with "Purchased with funds provided by the U.S. Department of Homeland Security"when practicable. f. As a subrecipient of federal funds, the Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a sub award of federal award funds under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation(EHP) Program. Subrecipients are required to comply with DHS/FEMA EHP Policy Guidance which can be found at https://www.fema.gov/office-environmental-planning-and-historic-preservation; FP 108-023-1 Environmental Planning and Historic Preservation Policy Guidance at http://www.fema.gov/media-library/assets/documents/85376; and FP 108.24.4 Environmental Planning and Historical Preservation Policy at https://www.fema.gov/media-library/assets/documents/101537, all of which are incorporated in and made a part of this Agreement. a. Subrecipients proposing projects that have the potential to impact the environment, including, but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to walls, and training or exercises occurring outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation. DHS-FEMA-EMPG-FFY 15 Page 7 of 29 City of Federal Way, E16-105 b. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. c. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed before funds are reimbursed. Expenditures for projects started before EHP process review completion approval is received will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.11. b. For all sole 'source contracts expected to exceed $150,000, The Subrecipient must submit to the Department for pre-procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements,the Subrecipient shall complete and return to the Department 2 CFR Part 200 Subpart F Audit Certification Form located at http://mil.wa.gov/emergency- management-division/grants/requiredgrantforms with the signed • Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. c. Monitoring activities may include, but are not limited to: i. review of financial and performance reports; ii. monitoring and documenting the completion of Agreement deliverables; iii. documentation of phone calls, meetings, e-mails and correspondence; iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget and federal requirements; v. observation and documentation of Agreement related activities, such as exercises, training,funded events and equipment demonstrations; vi. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity under this Agreement. DHS-FEMA-EMPG-FFY 15 Page 8 of 29 City of Federal Way, E16-105 e. Compliancy will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFIENCY(CIVIL RIGHTS ACT OF 1964 TITLE VI) a. All subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin,which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (Ap ril 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/g uidance-published-help-department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System(NIMS)identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple • agencies or jurisdictions to work together to build, sustain and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive (PPD)-8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. The Subrecipient agrees that in order to receive Federal Fiscal Year 2015 federal preparedness funding, to include EMPG, NIMS compliance requirements for 2015 must be met. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from the DHS/FEMA, which is provided to assist state, local and tribal governments enhance and sustain all- hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). DHS-FEMA-EMPG-FFY 15 Page 9 of 29 City of Federal Way, El 6-105 2. A portion of the 15EMPG grant was identified by the state to be passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities under WAC 118-09. 3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 4. The Subrecipient shall provide a fifty percent match of $47,208 of non-federal origin. To meet matching requirements, the Subrecipient cash matching contributions must be considered reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including but not limited to 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. 5. Exercises that are implemented with EMPG Program funds under this Agreement must meet the requirements of the 15EMPG Program. 6. All personnel funded in any part through federal award or matching funds under this Agreement shall participate in no less than three exercises in a 12-month period. The Subrecipient will report exercise participation along with the final report. 7. All personnel funded in any part through federal award or matching funds under this Agreement shall complete the following training requirements and record proof of completion: NIMS Training ICS 100, ICS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a subrecipient of 15EMPG Program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 15EMPG Award Letter and its incorporated documents for DHS Grant No. EMW-2015-EP-00028-S01, which are incorporated and made a part of this Agreement as Attachment#1. DHS-FEMA-EMPG-FFY 15 Page 10 of 29 City of Federal Way, E16-105 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security(DHS)/ Federal Emergency Management Agency(FEMA) Grants Al DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A(which is incorporated herein by reference),except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a subrecipient under this Agreement. c. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "subrecipient" is the same as in 2 CFR 200.93 for all other purposes. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. f. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACTjADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. DHS-FEMA-EMPG-FFY 15 Page 11 of 29 City of Federal Way, E16-105 A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.qov/emergency-management-division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement)that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (http://www.sam.gov) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContract ors/). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http://www.des.wa.qov/services/ContractingPurchasing/Business/Pages/Vendor- Debarment.aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any federal contract,grant,loan,or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers(including sub-contracts,sub-grants,and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. DHS-FEMA-EMPG-FFY 15 Page 12 of 29 City of Federal Way, E16-105 A.8 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES,RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act(ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees(48 CFR Section 52.203-5), Public Records Act(RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards(RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons(RCW 70.92), and safety and health regulations. in the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or sub-contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract Provisions. As required by Appendix II to 2 CFR Part 200, all c ontracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at • $150,000,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal DHS-FEMA-EMPG-FFY 15 Page 13 of 29 City of Federal Way, E16-105 Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 5) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. DHS-FEMA-EMPG-FFY 15 Page 14 of 29 City of Federal Way, E16-105 7) Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220)must not be made to parties listed on the government- wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 10) Procurement of recovered materials --As required by 2 CFR 200.322, a non- Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. DHS-FEMA-EMPG-FFY 15 Page 15 of 29 City of Federal Way, E16-105 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). b. The Department reserves the right to review the Subrecipient procurement plans and documents, and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is I prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement,when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute.A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law,the Subrecipient, its successors or assigns,will protect,save and hold harmless the Department, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its sub-contractors,subrecipients, assigns,agents,contractors,consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided,that if the claims or damages are caused by or result from the concurrent negligence of(1)the Department, and (2)the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal 9 p Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply: DHS-FEMA-EMPG-FFY 15 Page 16 of 29 City of Federal Way, E16-105 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause"without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall,on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status,or disability(physical, mental,or sensory)be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT(OSHA/WISHA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. DHS-FEMA-EMPG-FFY 15 Page 17 of 29 City of Federal Way, E16-105 A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement,and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement,the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient s contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement(the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the DHS-FEMA-EMPG-FFY 15 Page 18 of 29 City of Federal Way, E16-105 purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six(6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing Federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity,which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys'fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources,direct and indirect,are required to have a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than$750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government, Indian tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards(GAGAS)as found in the Government Auditing Standards(the Revised Yellow Book)developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has DHS-FEMA-EMPG-FFY 15 Page 19 of 29 City of Federal Way, E16-105 the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F,to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-contractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its sub-contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. Once the single audit has been completed and it includes any audit findings, the Subrecipient must send a full copy of the audit to the Department and its corrective action plan no later than nine(9) months after the end of the Subrecipient's fiscal year(s)to: Contracts Office Washington Military Department Finance Division, Building#1 TA-20 Camp Murray,WA 98430-5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient must send a letter identifying this Agreement and explaining the criteria for exemption no later than nine (9)months after the end of the Subrecipient's fiscal year(s)to the address listed above: The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The Subrecipient shall include the above audit requirements in any subawards. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington by reason of this Agreement, including, but not limited to,Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. DHS-FEMA-EMPG-FFY 15 Page 20 of 29 City of Federal Way, E16-105 A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30)days prior to such date. Except as otherwise provided in this Agreement,the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10)calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement,withhold further payments,or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". DHS-FEMA-EMPG-FFY 15 Page 21 of 29 City of Federal Way, El 6-105 PR A.33 TERMINATION CEDURES O In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement,the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination,the amount agreed upon by the Subrecipient and the Department for(i)completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department,and(iv)the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the"Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials,services, supplies,equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights,title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion,to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. DHS-FEMA-EMPG-FFY 15 Page 22 of 29 City of Federal Way, E16-105 A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES(MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority- owned and/or women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.35 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by,the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-FFY 15 Page 23 of 29 City of Federal Way, E16-105 Exhibit C 15EMPG WORK PLAN Emergency Management Organization: City of Federal Way The purpose of EMPG is to assist with the enhancement,sustainment and improvement of state, local, and tribal emergency management programs.Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention; protection;response; recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However,there are required capabilities that must be conducted in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public,train and exercise, plan, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle(to include 15EMPG grant and local funds). -■.■.® Community Emergency Response Team Will conduct 3 basic CERT classes open to the community.CERT is done to train residents in life saving skills and to focus them on preparedness actions within their household.This is a priority for the Federal Way LLI Emergency Management program as it develops a pool of trained volunteer emergency workers.These p workers provide essential support to EOC operations and field response. Training Performance Measure(s)that will be used to evaluate the program area Target(intended outcome) Measurement(how to tell if success has been achieved) The goal is to have the graduates trained in life saving skills and Graduate at least 42 people from 3 CERT classes offered have better prepared households.They would also be used as (minimum class of 14) volunteer emergency workers in disaster response by the City of Federal Way. CERT Class#1 sustainment Milestone: Order CERT supplies for class of 35 October 2015 To November 2015 1 Conduct advertising in Parks and Rec catalog along with Milestone: fliers sent out via Safe City connection and email October 2015 to November 2015 groups. N CERT Class#2 W sustainment Milestone: Order CERT supplies for class of 35 January 2016 to February 2016 > 2 Conduct advertising in Parks and Rec catalog along with Milestone: fliers sent out via Safe City connection and email January 2016 to February 2016 groups. CERT Class#3 sustainment Milestone: Order CERT supplies for class of 35 May 2016 to June 2016 3 Conduct advertising in Parks and Rec catalog along with Milestone: fliers sent out via Safe City connection and email May 2016 to June 2016 groups. Church Resource Development Engage with local churches to determine if they wish to help during emergencies/disasters,what resources w they have,and provide training in areas they wish to help in.This is to increase public awareness and engagement in helping the community respond to and recovery from disasters. Churches will be asked to serve as emergency points of information,conduct wellness checks,and use of facilities and staff. Having m them engaged in preparedness activities so that response expectations are known and understood.The faith based community is a vital resource in the Federal Way community and doing training and planning upfront will make for a smooth operation if they are ever called upon to assist in an emergency or disaster. DHS-FEMA-EMPG-FFY 15 Page 24 of 29 City of Federal Way, El 6-105 4 ' ., Mutual Aid Performance Measure(s)that will be used to evaluate the program area Target(intended outcome) Measurement(how to tell if success has been achieved) At least four churches engaged in the local emergency Four churches identified with a point of contact and how management program.End goal is to have an established point of they wish to help. contact with each church and that the churches have agreed and decided how the City can call upon them during a disaster Church Outreach and engagement enhancement Milestone: Develop point of contact and area of interest to help. August 2015 to August 2016 Milestone: Hold initial meeting with Church leadership. August 2015 to August 2016 _ 111 Hold follow up meeting to discuss training detail and H Milestone: needs of Church based on what they wish to do for the August 2015 to ; August 2016 1 community in times of emergency or disaster. t Milestone: Churches members trained in CERT . August 2015 to August 2016 Establish a response team(from trained members)to focus on the activities that the church wishes to provide Milestone: during response to an emergency.Could be shelter August 2015 to August 2016 training etc. Radio Test of CEMNET,800Mhz, 150Mhz and Amateur Radio 1 > Take part in internal/external radio checks,drills,and exercises.This is to ensure the communication is in as close to a constant state of readiness as possible along with having trained operator to equipment p g use the equipment. Having communication systems up and running is vital to any effective response and p recovery effort. Communications and Warning #em:,. ,•'*+]h R� �., ..f..., .. �d.,,.srFx Performance Measure(s)that will be used to evaluate the program area Target(intended outcome) Measurement(how to tell if success has been achieved) The intended outcome is to regularly have communication Conduct regular successful use of communication systems equipment tested and used ensuring that it is working and having making contact,equipment working properly and staff people trained in how to operate the systems. knowing how to use it. CEMNET weekly radio test(State EOC) sustainment 1 Milestone: Take part in at least 48 test out of 52 August 2015 to August 2016 800Mhz weekly radio test(King County EOC) C sustainment W Milestone: Take part in at least 48 test out of 52 August 2015 to August 2016 150Mhz quarterly test internal sustainment 3 Milestone: EOC to EOC drill August 2015 to August 2016 Q j Milestone: Windshield survey drill January 2016 to March 2016 1 Amateur Radio 5th Saturday drills,Field Day,SET 1 enhancement 4 Milestone: Field Day June 2016 to June 2016 ■ Milestone: SET October 2015 to October 2015 DHS-FEMA-EMPG-FFY 15 Page 25 of 29 City of Federal Way, E16-106 CodeRed > To ensure system is operational with trained staff.Staff need to know how to log onto the system and setup a notification in a timely manner.This also ensures the data base of contact information is kept fairly W current and accurate. m 0 Communications and Warning Performance Measure(s)that will be used to evaluate the program area Target(intended outcome) Measurement(how to tell if success has been achieved) System is working properly and staff know how to use it-provides Three planned uses of the system with an 80%connect a rapid means to communicate emergency information Citywide. rate. Residents will be better informed in a fairly quick and accurate way. July 4 Safety message i sustainment H 1 Milestone: Conduct training July 2015 to July 2015 W Milestone: Message sent July 2015 to July 2015 H September Preparedness and system test enhancement Milestone: 80%connect rate. September 2015 to September 2015 Q New Year's Eve message I sustainment Milestone: 80%connect rate. December 2015 to January 2016 Emergency Operation Center(EOC)Training > To hold monthly EOC trainings that will focus on sheltering,supply distribution,evacuation,volunteer management and other activities identified from test,drills and exercises. W 2 m 0 �¢ ,, `e c . Operational Planning Performance Measure(s)that will be used to evaluate the program area Target(intended outcome) Measurement(how to tell if success has been achieved) Identified responders and EOC staff will better know their roles in j Conduct at least 7 workshops the EOC and how the EOC works with the field units.The goal is to have an effectively trained pool of people to staff and operate the EOC. _I Hold essential supply workshops to establish guidance on how essential supplies(food,water, I enhancement medicine)may be delivered to residents in times of emergency or disaster. 1 Milestone: Conduct at least 2 workshops on essential supply October 2015 to August 2016 delivery. Identify locations within Federal Way that could serve October 2015 to August 2016 W Milestone: as distribution points and work out traffic flow. Hold evacuation planning workshops that focus on Saint Francis Hospital and the large assisted enhancement — living communities within Federal Way. U 2 Milestone: Conduct at least 2 workshops on evacuation scenarios. January 2016 to August 2016 Milestone: Develop a guidance paper to aid decision makers in January 2016 to August 2016 evacuation. -,--,--~uHold sheltering planning workshops that will discuss establishment of shelters and long $ conducting an ev 3 g p g term enhancement operational concerns. I DHS-FEMA-EMPG-FFY 15 Page 26 of 29 City of Federal Way, E16-106 Milestone: Conduct at least 1 — to discuss shel tering concerns March 2016 | to ' August 2016 and l_ Developa��dancepapertn aid dec�onmaker � Milestone: makers March 2016 | to August 2016 conducting shelter operations. | | | / Hold volunteer management training with CERT team members to discuss the process of using enhancement spontaneous | t Conduct at least 2 workshops and 1 drill focus on 4 Milestone: spontaneous volunteers. April 2016 to August 2016 Develop a guidance paper to aid CERT members in Milestone: April 2016 to 1 April 2016 processing and using volunteers. DHS-FEMA-EMPG-FFY 15 Page 27 of 29 City of Federa Way, B8406 �� Exhibit D TIMELINE FFY 2015 Emergency Management Performance Grant Program DATE TASK June 1, 2015 Grant Agreement Start Date January 30, 2016 Submit reimbursement request April 30, 2016 Submit reimbursement request August 31, 2016 Grant Agreement End Date October 15, 2016 Submit final reimbursement request, additional reports, and/or deliverables. DHS-FEMA-EMPG-FFY 15 Page 28 of 29 City of Federal Way, E16-106 Exhibit E BUDGET FFY 2015 Emergency Management Performance Grant Program 15EMPG AWARD $ 47,208.00 SOLUTION AREA CATEGORY , EMPG AMOUNT MATCH AMOUNT Salaries&Benefits $ - $ - O Overti me/Ba c kfi I I $ - $ - ? Consultants/Contractors $ - $ - ZGoods&Services $ - $ - 5 Travel/Per Diem $ - $ - a Indirect 0% $ - $ - Su btota I $ - $ - Z Salaries&Benefits $ 30,549 $ 116,740 O Overtime/Backfill $ - $ - 54 Consultants/Contractors $ - $ - Goods &Services $ 16,659 $ 20,841 Q Travel/Per Diem $ - $ - eg Indirect 0% $ - $ - o Subtotal $ 47,208 $ 137,581 Salaries&Benefits $ - $ - W Overtime/Backfill $ - $ - LC Consultants/Contractors $ - $ - ce Goods&Services $ - $ - uX▪ Travel/Per Diem $ - $ - Indirect 0% $ - $ - Subtotal $ - $ - Salaries &Benefits $ - $ _ Overtime/Backfill $ - $ - Z Consultants/Contractors $ - $ - Z Goods&Services $ - $ _ g Travel/Per Diem $ - $ - Indirect 0% $ - $ - Subtotal $ - $ - a Equipment $ - $ - C indirect 0% $ - $ - w Subtotal $ - $ - Salaries &Benefits $ - $ - Overtime/Backfill $ - $ - ct Consultants/Contractors $ - $ - oO Goods &Services $ - $ - 2 Travel/Per Diem $ - $ - Indirect 0% $ - $ - Subtotal $ - $ - TOTAL Grant Agreement AMOUNT: $ 47,208 $ 137,581 • The Subrecipient will provide a match of at least$47,208, 50% of the total project cost(local/tribal budget plus EMPG award), of non-federal origin. • Cumulative transfers between budget categories in excess of 10% of the grant agreement amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security- Pl#753PT—EMPG DHS-FEMA-EMPG-FFY 15 Page 29 of 29 City of Federal Way, E16-106 Attachment 1 " " ,. ¢ p �,� ,,� r U.S. Department of Homeland Security oaf Washington, D.C. 20472 4 Bret Daugherty Washington Military Department Building 20 Camp Murray, WA 98430 Re: Grant No. EMW-2015-EP-00028 Dear Bret Daugherty: Congratulations,on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year(FY)2015 Emergency Management Performance Grants has been approved in the amount of$7,219,265.00 . As a condition of this award, you are required to contribute a cost match in the amount of$7,219,265.00 of non-Federal funds, or 50 percent of the total approved project costs of$14,438,530.00 . Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles(attached to this Award Letter) • Obligating Document(attached to this Award Letter) • FY 2015 Emergency Management Performance Grants Funding Opportunity Announcement. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms,please follow these instructions: Step 1: Please go on-line to the ND Grants system at https://portal.fema.gov. After logging in, you will see a subtitle Grants Management. Under this subtitle,you will see a link that says Award Package(s). Click this link to access your award packages. Click the Review Award Package link to review and accept the award package for your award. Please print your award package for your records. Step 2: Please fill out and have your bank complete and sign the SF 1199A, Direct Deposit Sign-up Form.The information on the 1199A must match your SAM record. Be sure to include your DUNS and grant number on the form in Section 1F"Other." The SF 1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor Maintenance Office(see address below). The 1199A form will not be accepted unless it is received directly from the financial institution. Please pay careful attention to the instructions on the form. FEMA Finance Center Attn: Vendor Maintenance P.O. Box 9001 Winchester, VA 22604 Secured Fax: (540) 504-2625 Email: FEMA-Finance @FEMA.DHS.gov System for Award Management(SAM): Please ensure that your organization's name, address, DUNS number, EIN, and banking information are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all Attachment 1 FEMA awards.The System for Award Management is located at http://www.sam.gov. Future payments will be contingent on the information provided in the SAM;therefore it is imperative that the information is correct. If you have any questions or concerns regarding the process to request your funds, please call(866)927-5646. ..■,......"".""""'boo 4......g........) JEFFREY JAMES,Acting Division Director, FEMA Region X - 2 - Attachment 1 Y ' .? W Y! N Y 0 , ' sg .Lr p �k, x 2; st,44 ONN/Sokk 2014-10-01 00:00:00.0 U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: Washington Military Department PROGRAM: Emergency Management Performance Grants AGREEMENT EMW-2015-EP-00028-S01 NUMBER: TABLE OF CONTENTS Article I 2015 EMPG HOLD on FUNDS Article II Acknowledgement of Federal Funding from OHS Article III Activities Conducted Abroad Article IV Age Discrimination Act of 1975 Article V Americans with Disabilities Act of 1990 Article VI Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Rights Act of 1968 Article IX Copyright - 3 - Attachment 1 Article X Assurances, Administrative Requirements and Cost Principles Article XI Debarment and Suspension Article XII Drug-Free Workplace Regulations Article XIII Duplication of Benefits Article XIV Energy Policy and Conservation Act Article XV Reporting Subawards and Executive Compensation Article XVI False Claims Act and Program Fraud Civil Remedies Article XVII Federal Debt Status Article XVIII Fly America Act of 1974 Article XIX Hotel and Motel Fire Safety Act of 1990 Article XX Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article XXI Lobbying Prohibitions Article XXII Non-supplanting Requirement Article XXIII Patents and Intellectual Property Rights Article XXIV Procurement of Recovered Materials Article XXV Contract Provisions for Non-federal Entity Contracts under Federal Awards Article XXVI SAFECOM Article )(XVII Terrorist Financing E.O. 13224 Article XXVIII Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) Article XXIX Trafficking Victims Protection Act of 2000 Article XXX Rehabilitation Act of 1973 Article XXXI System of Award Management and Universal Identifier Requirements Article XXXII USA Patriot Act of 2001 Article XXVIII Use of DHS Seal, Logo and Flags Article )(XXIV Whistleblower Protection Act Article XXXV DHS Specific Acknowledgements and Assurances Article XXXVI Disposition of Equipment Acquired Under the Federal Award Article XXXVII Prior Approval for Modification of Approved Budget Article XXXVIII Acceptance of Post Award Changes - 4 - Attachment 1 Article I -2015 EMPG HOLD on FUNDS This special condition is hereby applied to the Washington Military Department's FY 2015 EMPG award. The recipient agrees not to obligate, expend or drawdown 100% of the Federal share, $7,219,265 until a 2015 EMPG Work Plan, which includes the program narrative, grant activities outline, budget, budget detail, and data tables, have been reviewed and approved by the FEMA Regional Program Manager, and an official notice has been issued removing this special condition. This 2015 EMPG Work Plan shall be submitted by 5:00 p.m. Pacific Daylight Time on October 9, 2015 in ND Grants. Article 11-Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article III -Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article IV-Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975(42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article V-Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12101-12213). Article VI - Best Practices for Collection and Use of Personally Identifiable Information (PII) All recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively Article VII -Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article VIII -Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex(42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at-24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (see 24 C.F.R. § 100.201). Article IX- Copyright - 5 - I Attachment 1 All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number)to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). Article X-Assurances, Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances— Non- Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative and audit requirements and cost principles that apply to DHS award recipients originate from 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as adopted by OHS at 2 C.F.R. Part 3002. Article XI - Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste,fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Article XII - Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988(41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. Article XIII - Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non-Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. Article XIV- Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. Article XV- Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5)for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- - 6 - Attachment 1 i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if- i. in the subrecipient's preceding fiscal year, the subrecipient received- (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act(and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from the requirements to report: Subawards, And ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; - 7 - Attachment 1 iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. _.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds $10,000. Article XVI - False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. Article XVII - Federal Debt Status All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129 and form SF-424B, item number 17 for additional information and guidance. Article XVIII - Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. §41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XIX- Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. §2225. - 8 - Attachment 1 Article XX- Limited English Proficiency(Civil Rights Act of 1964, Title VI) All recipients must comply with the Title VI of the Civil Rights Act of 1964(Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP)to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-accesspeople-limited and additional resources on http://www.Iep.gov. Article XXI - Lobbying Prohibitions All recipients must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Article XXII - Non-supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant)funds that have been budgeted for the same purpose through non-Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Article XXIII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. §401.14. Article XXIV-Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Article XXV - Contract Provisions for Non-federal Entity Contracts under Federal Awards a. Contracts for more than the simplified acquisition threshold set at $150,000. All recipients who have contracts exceeding the acquisition threshold currently set at$150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative, contractual, or legal remedies - 9 - Attachment 1 in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b. Contracts in excess of$10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. Article XXVI -SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XXVII -Terrorist Financing E.O. 13224 All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the E.O. and laws. Article XXVIII -Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Article XXIX-Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government-wide award term which implements Section 106(g)of the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C. § 7104). This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at 2 CFR§ 175.15. Article XXX- Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XXXI -System of Award Management and Universal Identifier Requirements . A. Requirement for System of Award Management Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for unique entity identifier If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. - 10 - Attachment 1 C. Definitions for purposes of this award term: 1. System of Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.gov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non- , Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. Article XXXII - USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. §§ 175- 175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. Article XXXIII - Use of DHS Seal, Logo and Flags. All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XXXIV-Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§4304 and 4310 Article XXXV- DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree—and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by OHS regulations and other applicable laws or program guidance. - 11 - Attachment 1 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XXXVI - Disposition of Equipment Acquired tinder the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. §200.313. Article XXXVII - Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. §200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of the total budget DHS/ FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425)you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article XXXVIII -Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at(866) 927-5646 or via e-mail to ASK-GMD(a�dhs.gov if you have any questions. - 12 - ":"4::"' 4 &. , <.'5h�:'.> T-.SYms.v.. „'.0 w ''g�.,�'k 'fi off 2, 1I ' r.L€t I.+Y.. .� r�-4u`,.xa, 0.7A4 {�, m tie...s�Ntsze P"W s F-T��S;�. n ,_ .�`- 1a.AGREEMENT NO. 2. 3. RECIPIENT NO. 4.TYPE OF 5. CONTROL NO. EMW-2015-EP-00028-S01 AMENDMENT 916001095G NO. ACTION FY2015R1OEMPG NO. AWARD 6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS Financial Services Branch Washington Military Grant Operations 500 C Street,S.W.,Room 723 Department 245 Murray Lane-Building 410,SW Washington DC,20472 Building 20 Washington DC,20528-7000 Camp Murray,WA,98430 POC: 866-927-5646 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER (253) Central Scheduling and Information Desk Sierra Wardell 512-7121 Phone: 800-368-6498 Email: Askcsid @dhs.gov 11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement 10/01/2014 OF From: To: PAYMENT 10/01/2014 09/30/2016 PARS Budget Period 10/01/2014 09/30/2016 15. DESCRIPTION OF ACTION a.(Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON- NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL ACRONYM XXXX-XXX- AWARD THIS AWARD COMMITMENT XXXXXXXXXXX-XXXX- ACTION XXXX-X +OR(-) Emergency 97.042 2015-EM-D111-R107- $0.00 $7,219,265.00 $7,219,265.00 $7,219,265.00 Management 4101-D:FY2015R1 OEMPG Performance $7,219,265.00 Grants TOTALS $0.00$7,219,265.00$7,219,265.00 $7,219,26510 b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16 a.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE Bret Daugherty,The Adjutant General 09/22/2015 18. FEMA SIGNATORY OFFICIAL(Name and Title) DATE 09/14/2015 KIMBERLY PENFOLD,Assistance Officer COUNCIL MEETING DATE: November 17,2015 ITEM#: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SECOND AMENDMENT TO THE JGM TECHNICAL SERVICES"ON-CALL"ELECTRICAL AGREEMENT POLICY QUESTION: Should the City Council authorize a second amendment to the JGM Technical Services "On-Call"Electrical Agreement? COMMITTEE: PRHSPS MEETING DATE:Nov. 10, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director DEPT: Parks Attachments: JGM Technical Services 2nd Amendment Options Considered: 1). Authorize a second amendment to the JGM Technical Services Agreement by extending their term an additional two years and increase the compensation $40,000 for a contract total of$140,000.00. 2).Do not authorize a second amendment and provide direction to staff. MAYOR'S RECOMMEN ice.N: Option 1 MAYOR APPROVAL.�,i ` ,„,z v RECTOR APPROVAL: ' o i tee -.,nci -7/S Initial/Date Initial/Dat- !/ Initial/D CHIEF OF STAFF: ` lh-, I Committe,l 1 Cou,cil Initial/D7- !nit'./Da COMMITTEE RECOMMENDATION:I move to forward the proposed Agreement to the November 17, 2015 consent agenda for approval. ja.664=s_r_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the JGM Technical Services Second Amendment, effective January 1, 2016 through December 31, 2017 with a total compensation of$140,000.00, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1S1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# CITY OF CITY HALL 33325 8th Avenue South Federal Federal Way WA 98003-6325 (253) 835-7000 tVJftego ohm Y.Cr"O??? AMENDMENT NO. 2 TO MAINTENANCE AGREEMENT FOR ON-CALL ELECTRIC SERVICES This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and JGM Technical Services, Inc., a Washington Corporation ("Contractor"). The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the parties,agree to amend the original Agreement for On-Call Electric Services ("Agreement") dated effective March 1, 2012, as amended by Amendment No. 1 as follows: 1. AMENDED TERM. The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services,but in any event no later than December 31, 2017 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-2,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term. Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto,after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2010 444411, CITY OF CITY HALL 33325 8th South Federal \ Federal Jay,W t 980 03- 6325 253} 835-7000 ft.,r)fie(3 7o(WdV corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor City Clerk, Stephanie Courtney, CMC DATE: APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall JGM TECHNICAL SERVICES, INC By: Jim Monson, President DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me Jim Monson, to me known to be the President of JGM Technical Services, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 1/2010 CRY of CITY HALL 33325 8th Avenue South Federal Way Federal Nay.iVA 98003-6325 (253) 835-7000 S✓Y-9%kl'r'7t v'ofte£ler@f ry corn EXHIBIT B-2 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services during the term as amended in Amendment No.2 through December 31, 2017, the City shall pay the Contractor an additional amount not to exceed Forty Thousand and 00/100 Dollars($40,000.00). The total amount payable to Contractor pursuant to the original Agreement and this Amendment shall be an amount not to exceed One Hundred Forty Thousand and 00/100 Dollars ($140,000.00). AMENDMENT - 3 - 1/2010 COUNCIL MEETING DATE: November 3,2015 ITEM#: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2015/2016 BIENNIAL BUDGET ADJUSTMENT POLICY QUESTION:N/A COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Add Ariwoola DEPT: Finance Attachments: Budget Calendar,2015/2016 Revised Budget,Proposed 2015/16 Mid-Biennial Budget Amendment Presentation,and 2016 Property Tax Levy Presentation Options Considered: As required by state law, cities adopting biennial budgets must review and make necessary adjustments to their adopted budget before the end of the first year of the biennium. Staff will present to Council the recommended adjustments and Council will commence the budget deliberation process. The budget adjustment documents will be provided to Council at the dais. Comments from the public will be accepted at this meeting. The calendar for budget deliberation has been published and is attached herein. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A tt,H11 S DIRECTOR APPROVAL: 1b21\W-111,5 Committee CoQncil ! Initial/Date Initial/Date Initial/Dat> CHIEF OF STAFF: N/A _ h,I, .S,its Committee �.unci Initial/Date I tial/Date 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: PIA 9110, feu /1 uect.{�-� ❑ APPROVED 1/��d/ ],,� �/ 1'' COUNCIL BILL# ❑ DENIED t`t ov IX /I 1 90/tj /2 .� 1ST reading ❑ TABLED/DEFERRED/NO ACTION ?moo'U,-�,,C V Enactment reading ❑ MOVED TO SECOND READING(ordinances only) \J ORDINANCE# REVISED-1/2015 RESOLUTION# OJ�P ST gti/46 Federal Way °G (2. 25th '1 an Anwiwes.y c yJ ��C 7990-2O' FEDERAL WAY CITY COUNCIL 2015/2016 MID-BIENNIUM BUDGET ADJUSTMENT MEETINGS The following is the meeting schedule to consider the City of Federal Way's 2015/16 Mid-Biennium Budget Adjustment and 2016 Property Tax Rate: NOVEMBER 2,2015—CITY COUNCIL SPECIAL MEETING—6:30 PM • Council Study Session on the 2015/16 Mid-Biennium Budget Adjustment/Property Tax Rate NOVEMBER 3,2015—CITY COUNCIL REGULAR MEETING-7:00 PM • PUBLIC HEARING(required by RCW 35A.34) 2015/16 Biennial Budget/Property Tax Rate NOVEMBER 17,2015—CITY COUNCIL REGULAR MEETING—7:00 PM • PUBLIC HEARING CONTINUED— 2015/16 Biennial Budget/Property Tax Rate • Introduction Ordinance—2015/16 Mid-Biennium Budget Adjustment • Introduction Ordinance—2016 Property Tax Rate DECEMBER 1,2015—CITY COUNCIL REGULAR MEETING—7:00 PM • — Enactment Ordinance 2015/2016 Mid-Biennium Budget Adjustment • Enactment Ordinance—2016 Property Tax Rate • Resolution/Fee Schedule 2016 Amendment All meetings will be held at City Hall, 33325 —8th Avenue South, Federal Way, WA. CITIZEN COMMENT WILL BE ACCEPTED AT ALL BUDGET MEETINGS. Stephanie Courtney, CMC City Clerk 253-835-2540 Published in the Federal Way Mirror on October 30,2015;November 13th,2015 and November 20th,2015. C x to --n 4 xi c.0 -0 C7 ? a -0 w -0 (' -11 C .-1 ny N x cn v, C c w E ° 7,• IIIILIhI. 9,, £ 0 m v, 1 w a w o A. ? w ° ° •a °-• co 'a a. - --: w g 'b n 1 y , j,0 a q , !-- ER c) n 0 -- 0- 4 ". ::• & : R, R° m 4 0 o R �. qy w I. C,T1 0 . 0 P= U : C E w. f �0 ,, o 0 o SS - a c E S. 0 1 n o o T m o n 0 w .,y ° ,fD�,., ,,y 2 .� w 0 m e rn, T x e a rn • 0 0 w a N w tri ,g o r» <''. 0 co z h7 a F,- . g 's7 rn g' 0 co =f o co co 007 y ..:I° x m o ° co sl a coo coo ^ m o O o y 7y K G m -0�n o m' ro C y ? w m p, [,y fD N �' O 'c3 '-j 7 1 tlo G m y 1 • 1 CD a 1 g -• 0 x 54 '-i I� a00 4 to X � I I 1 I i I I A 1 I� 1 l 1 69• _ 1 1 1 1 1 i W A oo I oo N A. w w W N tJ - ,0 O „0 I. 1N 1\0 W _. 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Ai,....,, ..,, ' ''' fi, 0 a,i , Ith lidire „ , • r 1 20 5/201 , .. .4. . i. , ,,A, Mid - Biennial Budget Amendment Special . • .. .,. ... .. . .... ... : , ,„ Council . .6,i .. . . , ll• , ,... _ ,,_ „ii..„ . s= ea'' Meeting i t. ...., ,..,,,. , November 2, 2015 Ade Ariwoola, Finance Director L_ J Cr nn Imo o yer General Fund Changes • Department funding changes , • FWCC • Dumas Bay Center • PAEC • Risk Management =- • Health Insurance Review of Major Revenue Other Ma'o. Projections � . • Sales Tax • Prop 1 Utility Tax • Property Tax • REET CITY OF Fede HH . ! ' , . . ,. ri G 0 UJC°032V - [7 The Council approved the 13M Inter Fund Loan; how does this budget allow us to do it without financial strain on the City? Y / ‘ Where is the proposed budget Where are the major compared to changes? Councils Fund g Balance Policy? M,��a x r Why is the CITY OF Total Fund Balance low? k Federal Way 4 Review of Revenue Projection and Condition Sales Tax + $ 1.9 Property Tax — stable Utility — $ 1.44 million CITY OF t•. FederaIWay _ _ , _ .. _ . „,. . „ _ , . _ , _ ...._. , , _ aeneTal FRATiE)_ Expenditure Summary by Department 2015 2015 2015 2016 2016 2016 Code Item I Adjusted Requests I Proposed Adjusted i Requests Proposed Expenditure Summary: 010 City Council $ 367,442 $ 26,533 $ 393,975 $ 371,587 $ - $ 371,587 020 Mayor's Office 1,203,539 70,670 1,274,209 1,093,102 38,149 1,131,251 022 Municipal Court 1,304,387 21,684 1,326,071 1,326,963 13,000 1,339,963 042 Finance 4 908,534 - 908,534 941,111 - 941,111 044 City Clerk I 464,325 - 464,325 557,590 - 557,590 045 Human Resources 410,012 - 410,012 409,106 16,013 425,118 051 Law-Civil 572,538 120,000 692,538 585,649 100,000 685,649 052 Law-Criminal 585,849 38,033 623,881 593,714 37,306 631,020 07X Community Developme 2,296,033 - 2,296,033 2,335,518 -I 2,335,518 075 Economic Development 308,289 (76,051) 232,238 208,478 120,952 329,430 083 Human Services 781,378 53,214 834,592 700,051 141,000 841,051 09X Police-Jail Contract Costs 4,276,614 160,000 4,436,614 4,276,614 ; 1,241,520 5,518,134 09X Police-911 Dispatch 1,787,000 163,436 1,950,436 1,787,000 539,089 2,326,089 09X Police 16,411,547 (124,239) 16,287,308 16,759,913 107,301 16,867,214 3XX Parks,Recr&Cultural Sv 3,468,663 80,000 3,548,663 3,480,680 245,249 3,725,929 XXX Non-Departmental 7,810,281 78,009 7,888,290 9,614,264 201,386 9,815,650 Total Expenditures: $42,956,432 $ 611,289 $43,567,720 $45,041,340 $ 2,800,965 $47,842,304 CITY OF ., .,_ Federal Way { ermera __ Revenue Summary 2015 I 2015 2015 I 2016 2016 2016 Code Item Adjusted Requests Proposed Adjusted Requests Proposed Revenue Summary: 31X Taxes $ 24,589,620 $ 1,150,000 $ 25,739,620 $ 25,450,498 $ 1,050,000 $ 26,500,498 32X Licenses and Permits 2,847,000 - 2,847,000 2,847,000 - 2,847,000 33X Intergovernmetal 1,750,530 22,777 1,773,307 1,747,162 45,301 1,792,463 34X Charges for Services 3,587,165 - 3,587,165 3,559,346 - 3,559,346 35X Fines 1,163,400 - 1,163,400 1,163,400 - 1,163,400 36X Miscellaneous 493,300 - , 493,300 . 493,300 - 493,300 39X Other Financing Source 7,275,493 (749,564) 6,525,929 ' 7,449,132 1,870,138 9,319,270 Total Revenues: $41,706,508 $ 423,213 $42,129,721 ` $42,709,838 $ 2,965,439 $45,675,277 Beginning Fund Balance, 1/1 $12,662,082 $11,412,158 $12,662,082 $11,412,158 $11,412,158 $11,224,083 Ending Fund Balance, 12131 $11,412,158 $11,412,158 $11,224,083 $ 9,080,656 $11,412,158 $ 9,057,056 City Council and Mayor's Office 2015/16 Budget Adjustments Additions General Fund Impact 2015 2016 City Council Puget Sound Regional Council 2015/2016 Membership Dues-Actual YTD cost 26,533 - City Council 26,533 - Mayor's Office Deferred Compensation for Chief of Staff 19,620 19,620 Graphics Coordinator(1.0 FTE)split between MO,PK,&FWCC - 18,529 Advertising,Printing and 25th Anniversary Costs 30,000 - NMTC Travel&Training&Other Travel&Training-$6,870 over budget YTD August 2015 10,000 - Greater Federal Way Chamber Letter of Agreement 11,050 - Mayor's Office 70,670 38,149 Economic Development 2015/16 Budget Adjustments Additions General Fund Impact 2015 2016 Economic Development Additional Need for Office Supplies - 825 Additional Need for Other Operating Supplies - 400 Additional Need for Food& Beverage - 400 Additional Need for Travel Expenditures - 2,077 Newspaper Legal Notices-TC3 Obligation 3,949 - Additional Need for Printing/Photo Services - 350 Additional Association Dues - 6,900 Retail Leakage and Recruitment Implementation Plan - 30,000 Branding Initiative (80,000) 80,000 Economic Development (76,051) 120,952 Department FUfldS...continued••• Community Development (HS), Human Resources, Law 2015/16 Budget Adjustments Additions General Fund Impact 2015 2016 Community Development(HS) Human Services (HS)General Fund Contracts Increase - 86,000 One HS Contract Increase to maintain funding at 2014 levels - 5,000 HS- Employee Donation for HS Agency 3,214 - Homeless Day Shelter Services 50,000 50,000 Community Development(HS) 53,214 141,000 Human Resources HR Technician .75 FTE to 1.0 FTE - 16,013 Human Resources - 16,013 Law Outside Legal Services Increase 120,000 100,000 Legal Assistant Increase-0.50 FTE (Salisbury) 38,033 � 31, 306 Law 158,033 137,306 CITY OF FederalWaa ,, „ , „ Department Funds •• •continued Municipal Court and Police 2015/16 Budget Adjustments Additions General Fund Impact 2015 2016 Municipal Court Computers for Judges in Courtrooms (1,634) - Pro Tern Pay 7,000 7,000 Termination Pay for Faucher,Coleman,Walters 10,318 - Witness/Juror Fees Increase 6,000 6,000 Municipal Court 21,684 13,000 Police Tuition Reimbursement for Police 20,000 20,000 Cellebrite Software 3,099 - Annual PowerDMS 4,893 - Valleycomm Services 163,436 539,089 Outside Jail Services 160,000 3 160,000 SCORE Jail Services Increase - 1,081,520 Police Salary reallocation due to savings (175,008) - Funding for Police Substation - 42,000 2015 JAG Grant - 26,524 Registered Sex Offender Grant 18,777 18,777 2015 WTSC Motorcycle Grant 4,000 - Police 199,197 1,887,910 k r, . CITY OF • Department FUfldS...continueci••• Parks and IT 2015/16 Budget Adjustments Additions General Fund Impact 2015 2016 Parks& Recreation Seasonal Help& Benefits- Union Settlement Increase 80,000 131,999 Add Parks Supervisor- 1,0 FTE - 94,721 Graphics Coordinator- 1.0 FTE split between MO, PK,&FWCC - 18,529 Parks& Recreation 80,000 245,249 Information Technology Videographer Position 0.50 FTE - 37,440 Tyler Cashiering Conversion from Quadrant (31,931 37,931 Computers for Judges in Courtrooms 3,268 Comcast Franchise Renewal c 75,500 3 New Cars&3 Carryforward Police Veh Additional IT Cost 19,184 - IT 502 Fund - Funded by GF 60,021 75,371 Transfers 2015/16 Budget Adjustments Additions General Fund Impact 2015 2016 Transfer Out Transfer out to PAEC Operating Fund- PAEC Executive Director- 14%of position 17,988 22,722 Transfer out to Strategic Reserve Fund - 47,652 Transfer out to FWCC Fund - 55,641 Transfer Out 17,988 126,015 Total General Fund 611,289 2,800,965 Sales Tax 1,000,000 900,000 Criminal Justice Sales Tax 150,000 ' 150,000 2015 JAG Grant - 26,524 Registered Sex Offender Grant 18,777 18,777 2015 WTSC Motorcycle Grant i 4,000 - Transfer In Utility Tax (1,073,000) (910,471) Transfer in from Traffic Safety for Valleycomm Services($163,436)- 2015 ($539,089)- 2016, Outside Jail Services ($160K)- 2015/16,SCORE Services ($1,081,520)- 2016 323,436 ' 1,780,609 Transfer in from Unemployment Fund - 1,000,000 Total Revenue&Transfer In t 423,213 2,965,439 Fund Balance Reserve Policy $ 9,000,000 Estimated Ending Fund Balance-Current Budget 11,412,158 9,080,656 Estimated Ending Fund Balance-Adj Budget 11,224,082 ? 9,057,054 Difference $ 188,076 $ 23,602 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 2011 Actual 1,000,000 2012 Actual 2013 Actual Retail Trade 2014 Actual 3,500,000 2014 YTD Sept 2015 YTD Sept 3,000,000 2015 Proposed 2,500,000 2016 Proposed 2,000,000 1,500,000 1,000,000 500,000 Alva._ , : ,,, krosim Services Sa les Tax. . .continued 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 ._ 800,000 600,000 400,000 200,000 2011 Actual 2012 Actual Construction 2013 Actual 2014 Actual 600,000 2014 YTD Sept 500,000 2015 YTD Sept 2015 Proposed 400,000 2016 Proposed 300,000 200,000 100,000 Wholesaling Sales Tax. . .continued p^. 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 --- 1,000 a 2011 Actual 2012 Actual Transp/Utility 2013 Actual 2014 Actual 700,000 2014 YTD Sept 600,000 2015 YTD Sept 500,000 2015 Proposed 400,000 ' 2016 Proposed 300,000 ; 200,000 100,000 f -T Information Technology CITY OF '�.. Federal Wa Sales Tax . .continued 160,000 140,000 120,000 . 100,000 ix ;px 80,000 60,000 40,000 2011 Actual 20,000 2012 Actual 2013 Actual Manufacturing • 2014 Actual 2014 YTD Sept 300,000 2015 YTD Sept 250,000 2015 Proposed 200,000 2016 Proposed 150,000 100,000 50,000 Government CITY OF:, Federa i 'a 400,000 350,000 300,000 250,000 t 200,000 150,000 100,000 L 2011 Actual 50,000 • 2012 Actual 2013 Actual Si 2014 Actual Fin/Insurance/Real Estate 2014 YTD Sept 45,000 ■ 2015 YTD Sept 40,000 2015 Proposed 35,000 2016 Proposed 30,000 25,000 - 20,000 15,000 10,000 5,000 Other Federal • �� } . Sales Tax.. .continued $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- Criminal Justice Sales Tax 2011 Actual 2012 Actual 2013 Actual 2014 Actual 2014 YTD Sept 2015 YTD Sept 2015 Proposed 2016 Proposed .. . . . . .. . Pro p Utility 1 Tax F • •, , 2014 YTD 2015 YTD 2016 Proposition 1 I 2011 Actual I 2012 Actual 2013 Actual 2014 Actual Sept Sept 2015 Proposed I Proposed Beginning Balance I 692,917' 836,819 1,080,948 1,045,434 1,045,434 834,603 834,603 548,462 Proposition 1 Utility Tax 1 2,950,954 2,942,379 2,841,586 2,720,475 2,045,791 1,629,171; 2,555,824 2,597,824 _ Total Proposition 1 Revenues 2,950,954 2,942,379 2,841,586 2,720,475 2,045,791 1,629,171 2,555,824' 2,597,824 Police Services 2,271,267 2,161,154 2,277,120 2,331,056 1,803,844 1,630,041 2,214,883 2,253,238 Court&Law Services 345,031 355,036 383,838 384,718 291,162 284,510 I 371,090 378,690 Subtotal Public Safety Costs 2,616,298 2,516,190 2,660,958 2,715,774 2,095,006 1,914,551 2,585,973 2,631,928 Code Enforcement _ 62,907 60,105 64,893 57,124 45,122 93,437 159,320 168,887 Park Maintenance&Security 101,738 100,501 110,528_ 115,482 88,833 64,952 96,672 97,469 Subtotal Community Safety Improvement Costs 164,645 160,606_ 175,421 172,606 133,955 158,389 255,992 ! 266,356 Indirect Support for Services 26,109 26,072 40,721 42,924 35,321 - - - Subtotal Indirect Support 26,109 26,072 40,721 42,924 35,321 - - - Total Propsition 1 Expenditures 2,807,052 2,702,868 2,877,100 2,931,304 2,264,282 2,072,940 2,841,965 1 2,898,284 Ending Balance 836,819 , 1,076,330 1,045,434 834,605 826,943 390,834 548,462 248,002 3,100,000 2,900,000 048,0101.10, 2,700,000 2,500,000 2,300,000 2,100,000 -._ Total Proposition 1 Revenues 1,900,000 j _1Wv 1,700 000 I Total Propsition 1 Expenditures - 1,500,000 -,- 2011 2012 2013 2014 2014 YTD 2015 YTD 2015 2016 Actual Actual Actual Actual Sept Sept Proposed Proposed CITY OF 0„,, Federal Wa A a . II . . . . .. .. . ,. ..., .., Property Tax a n . , . . • 2014 YIP 2015 YIP 2015 2016 Property Tax j 2011 Actual 2012 Actual 2013 Actual 2014 Actual j Sept Sept Proposed Proposed Property Tax S 9,672,887 S 9,978,143 S 10,004,862 S 10,233,416 f S5,734,147 i S 5,835,559 S 10,342,770 S 10,611,198 2014 YTD 2015 YTD 2015 2016 Real Estate Excise Tax 2011 Actual 2012 Actual ; 2013 Actual i 2014 Actual, Sept Sept Proposed Proposed Real Estate Excise Tax(REET) 1.560.394 1.507.313 2.034.036 ', 2.062.721 1.485.873 2.262.026 1 3.100.000 I 2.036.496 16,000,000 14,000,000 — -- — — :::::: 7 -- ------ - Property Tax 8,000,000 / 6,000,000 –Real Estate Excise Tax (REET) 4,000,000 2,000,000 PSI'I I I I PSI O�e�� eQ� Q°'1. b eAC . �o, i, ti�� ti,N. �c*. �,N. FW Community Center /own 2a15\701 Federal Way Community Center(Rh/C() 2011 Actual 2012 Actual 2013 Actual 2014 Actual Sept Sept 1015 Proposed 2016 Proposed Beginning Balance 180,153 961,941 1,191,491 1,5911511 1,045,434 1,513,416 1,513,410 1,483,500 Baiy Drop•Ins 306,463 3001692 3081423 3221506 264,115 2691299 345,000 310,000 Passes 141,816 831,410 8631261 806,926 611,486 511,114 186,000 850,000 Aquatic Programs•LessonsiC asses 131,034 135,611 145,196 146,122 121,111 123,126 156,0C 136,000 Fitness Cassesi[hess1rainipg 101,023 108,911 144,241 142,504 101,634 124,811 161,000 130,000 Reta s 193,810 210,299 183,985 2211518 166,996 184,940 21010 195,000 Other I 141,929 145,105 150,351 211,025 1641622 161,658 191,5CC 19115E Total FE Revenues 1,528,135 1,138,040 1,195,064 1,851,261 1,438,590 1,441,614 1,885,500 1,818,500 Total RE Expenditures 21130,125 211096 2,121,410 2,114,104 1,668,619 1,601,145 211501024 211921611 Total Other Sources 596,606 166,000 813,918 301,944 112,531 151,925 395,154 435,641 Capita/Use of ROBES 61222 51,563 148,551 3,143 3,143 65,263 22212°1 45101: Bad Debt Expe[ise • 50,325 - • - • • - Total Other Uses 61222 1 161,888 148,551 3,143 3,143 651263 MAO 45,000 Ending Balance 951,941 1,191,491 ; 1,591,512 1,513,410 1,045,433 1,506,601 1,483,500 1,500,000 .. _. . „ . A CITY OF -- 1 .00 Federal Way .. . .., , , , . Dumas Bay Cent 1,600,000 1,400,000 1,200,000 -. 1,000,000 — 800,000 — 600,000 Total Expenditures 400,000 — — Total Revenues 200,000 , P°I PSI PSI P°,")a\ O�'1'� O5e' CPO' Q°cea O,� O,� O,3 O,� INy� hA Qc° Q'o 'I 'L 'L 1, POti �Oti ti0is ti0N0 CITY OF op ,,w Federal Wa y - , . .., _ , .. ,. _, _ ‘ _ . .. , _ _ ... .._ Performing Arts & Events , ,...., , Center . , _ 308 Performing Arts &Event Center ' 2014 Actual 2015 Proposed € 2015 YTD 2016 Proposed (PAEC) 1 Sept Beginning Balance" - 8,383,571 8,383,571 6,959,369 Transfer In- LIFT&Utility tax from 4,209,763 310,256 310,256 i - Completed projects Transfer In- Real Estate Excise Tax 525,000 144,877 - - Transfer In- Utility Tax 5,210,000 - - - Private Contribution - 1,000,000 735,034 - State Grant - -I 4,000,000 . 4 Culture Grant -g - 2,000,000 , CDBG Section 108 Loan - - 3,000,000 Interest 3,115 13,000 8,424 13,000 Total Beg Bal,Revenue &Transfer In 9,947,878 9,851,704 9,437,285 15,972,369 Capital Expenditures - 2,892,335 - 15,972,369 Other Temporary Help 3,776 Land Redevelopment Analysis and Land I 76,675 - - - Use Application Lloyd Enterprises Demolition 120,689 - - - JZ Works Naming Rights 32,000 - 16,260 - Lorax Partners Design Development 1,331,167 - 147,459 - LMN Architects Roject Design _ - - 1,162,613 - Parametrix Surveying Services - 459 - HDR Engineering 12,708 Recording of document - - 170 - Steinw ay&Sons Piano - - 104,408 - Supplies&Meeting Expenditures - -! 467 - Water billings - - 3,280 - On-Call Ran Review i - - 1,314 - Legal Notices&Bond Set - - 864 - PAEC Director Search - - 22,204 - PAEC Director Salaries&Wages - - 81,617 : - Total Expenditures 1,564,307 2,892,335 1,553,822 15,972,369 Total PAEC Balance 8,383,571 6,959,369 7,883,463 .. - CITY OF oi ,, Federal Way . , - . , - - -, . . - ,, Risk Management 2014 Actual 2014 YTD Sept 2015 YTD Sept 2015 Proposed 2016 Proposed Beginning Balance 5,644,490 5,644,490 1,346,299 1,346,299 955,322 Interfund-Insurance&Other Risk 529,255 677,757 693,332 924,443 924,443 Subtotal Interfund Revenues 529,255 677,757 693,332 924,443 924,443 Insurance Recovery Revenue 41,136 21,122 36,967 40,000 - Interest&Other Misc Revenue 2,693 2,639 2,193 - - Subtotal Other Revenues 43,829 23,761 39,160 40,000 - Total Revenues 573,084 701,518 732,492 964,443 924,443 Insurance Premiums 556,819 556,819 509,601 509,601 510,912 Insurance Claims 553,567 455,076 629,924 709,661 439,581 Other Expenditures&Transfer Out 3,760,889 3,722,946 96,551 136,158 102,850 Total Expenditures&Transfer Out 4,871,275 4,734,841 1,236,076 1,355,420 1,053,343 Ending Balance 1,346,299 1,611,167 842,715 955,322 826,422 Health Insurance ,. , _ _,....,,,,_ ,.. .i,„u§ Health Insurance Fund Description 2014 2015 Proposed 2015 YTD 2016 Proposed Actual Sept Beginning Balance - 1,031,753 1,031,753 1,734,315 Health Insurance Premium-Employer Contribution Revenue ' 3,958,828 3,981,691 ! 3,022,359 3,981,691 Health Insurance Premium-Employee Contribution Revenue 214,481 215,000 161,139 215,000 Health Insurance Premium-COBRA 4,812 8,529 3,838 8,529 Stop Loss Recovery Revenue r - 194,000 193,859 - Interest Earnings ti 431 1,500 1,306 1,500 Total Revenue and Transfer In 4,178,552 4,400,720 , 3,382,501 4,206,720 Prescription Services 498,763 572,375 429,281 572,375 Medical Services 1,982,077 2,411,118 1,808,339 2,411,118 Health Insurance-Stop Loss 366,348 361,134 270,850 361,134 1 Professional Services &Other 299,610 353,531 265,148 ; 353,752 Total Expenditures for Self Insured Health 3,146,799 3,698,158 2,773,618 3,698,379 Ending Fund Balance 1,031,753 1,734,315 1,640,636 2,242,656 CITY OF k .Federal Way .s.. ._ , ,. 2015 Proposed Fund Balance .. . , , ,. , - 2015 Revenue 2015 Expenditure 2015 Proposed Ending$ Fund Amended Change ` Proposed Amended Change Proposed Fund Balance - I General Fund $ 41,706,508 $ 423,213 $ 42,129,721 $ 42,956,431 $ 611,289 $ 43,567,720 $ 11,224,082 Special Revenue Funds: Street 4,204,863 - 4,204,863 4,306,886 - 4,306,886 500,001 Arterial Street 1,515,500 - 1,515,500 1,724,205 - 1,724,205 100,000 Utility Tax 9,814,966 (1,073,000) 8,741,966 10,434,946 (1,011,538) 9,423,408 2,029,152 Solid Waste/Recycling 474,717 I - 474,717 500,101 930 501,031 177,821 Special Contract/Studies ' 189,290 (107,440) 81,850 353,212 Hotel/Motel Lodging Tax 200,300 - 200,300 355,296 - 355,296 245,300 2%for the Arts - I - - - - - 293 FW Community Center 2,215,254 67,000 2,282,254 2,288,724 83,500 2,372,224 1,483,500 Traffic Safety 2,123,643 1 650,000 2,773,643 2,708,977 323,436 3,032,413 3,241,745 Real Estate Excise Tax 1,900,000 1 1,200,000 3,100,000 2,723,773 418,464 3,142,237 3,508,627 Utility Tax Proposition 1 2,868,824 (313,000) 2,555,824 2,841,965 - 2,841,965 548,462 PAEC 10,000 17,988 27,988 10,000 17,988 27,988 (0) CD Block Grant 1,237,072 - 1,237,072 1,237,072 - 1,237,072 48,926 Paths and Trails 164,000 i - 164,000 - - - 360,664 Strategic Reserve - i - 227,348 142,417 369,765 3,012,279 Parks Reserve 250,000 250,000 - - - 250,000 Debt Service Fund 1, , 838813 i 598,427 2,437,240 1,039,573 - 1,039,573 1,471,153 ik ih, CITY OF 1 .. FederaIWay k' 26 _ __. . . _ 2015 Proposed Fund Bala nCe .. .continued . _ ,,_ 2015 Revenue 2015 Expenditure 2015 Proposed Ending) Fund Amended Change Proposed Amended Change Proposed Fund Balance Capital Project Funds: Downtown Redevelopment 227,348 580,000 807,348 537,604 - 537,604 602,804 Municipal Facilities 100,000 - 100,000 154,462 144,877 299,339 604 Parks 300,000 I 255,425 555,425 4,898,408 324,725 5,223,133 45,716 Surface Water Management 3,123,000 1 69,300 3,192,300 5,085,058 400,000 5,485,058 218,558 Transportation 14,632,655 I 800,234 15,432,889 16,362,867 1,200,572 17,563,439 6,081,289 Capital Project Reserve - ; 480,167 PAEC 1,310,256 157,877 1,468,133 9,693,827 (6,801,492) 2,892,335 6,959,369 Enterprise Fund: Surface Water Management 3,867,876 23,731 3,891,607 5,340,547 78,079 5,418,626 2,964,197 Dumas Bay Center 872,910 I 62,000 934,910 1,012,071 71,172 1,083,243 32,868 Internal Service Funds: Risk Management 924,443 1 40,000 964,443 936,716 418,704 1,355,420 955,322 Information Systems 1,973,706 , 81,038 2,054,744 2,430,020 (24,487) 2,405,533 3,588,212 Mail&Duplication 128,482 - 128,482 160,001 - 160,001 187,331 Fleet&Equipment 2,199,871 j 140,522 2,340,393 3,155,707 (178,331) 2,977,376 5,826,415 Buildings&Furnishings 524,414 i (92,707) 431,707 398,354 - 398,354 1,858,724 Health Insurance 4,205,220 I 195,500 4,400,720 3,199,999 498,159 3,698,158 1,734,315 Unemployement Insurance 224,825 i - , 224,825 224,825 - 224,825 1,912,291 Total All Funds $ 104,889,466 $ 4,133,548 i $109,023,014 $ 127,135,052 j $ (3,388,976) $123,746,076 $ 61,003,400 ..„ 2016 Proposed Fund .._, :. , Balance. , ... . 2016 Revenue 2016 Expenditure 2016 Proposed Fund Amended Change Proposed Amended Change Proposed Fund Balance General Fund $ 42,709,838 $ 2,965,439 $ 45,675,277 $ 45,041,340 $ 2,800,966 $ 47,842,306 $ 9,057,054 Special Revenue Funds: Street 3,990,944 - 3,990,944 3,990,944 - 3,990,944 500,001 Arterial Street 1,515,500 - 1,515,500 1,515,500 - 1,515,500 100,000 Utility Tax 9,814,966 (903,042) 8,911,924 10,351,547 (910,471) 9,441,076 1,500,000 Solid Waste/Recycling 476,717 (45,600) 431,117 489,980 (39,600) 450,380 158,558 Special Contract/Studies - - - - 50,000 50,000 303,212 Hotel/Motel Lodging Tax 200,300 - 200,300 200,300 - 200,300 245,300 2%for the Arts - - - - - - 293 FW Community Center 2,198,500 55,641 2,254,141 2,199,112_ 38,529 2,237,641 1,500,000 Traffic Safety 2,169,882 248,864 2,418,746 2,169,882 1,990,609 4,160,491 1,500,000 Real Estate Excise Tax 1,900,000 136,496 2,036,496 2,725,123 820,000 3,545,123 2,000,000 Utility Tax Proposition 1 2,868,824 (271,000) 2,597,824 2,898,284 - 2,898,284 248,002 Federal Way Performing Arts Ce - 22,722 22,722 - 22,722 22,722 0 Community Development Block 1,237,103 - 1,237,103 1,237,103 1,237,103 48,926 Paths and Trails 169,000 - 169,000 - - - 529,664 Strategic Reserve - 47,652 47,652 - 127,348 127,348 2,932,583 Parks Reserve _ - 500,000 500,000 - - - 750,000 Debt Service Fund 1,721,538 - 1,721,538 1,721,538 (909,415) 812,123 2,380,568 4 CITY OF � .. FederaIWay28 2016 Proposed Fund Balance . . .continued 2016 Revenue 2016 Expenditure 2016 Proposed Fund Amended Change Proposed Amended Change Proposed Fund Balance Capital Project Funds: Downtown Redevelopment - 127,348 127,348 - 127,348 127,348 602,804 Municipal Facilities - - - - - - 604 Parks 300,000 - 300,000 300,000 - 300,000 45,716 SWM 2,110,000 - 2,110,000 2,110,400 - 2,110,400 218,158 Transportation 12,733,000 210,000 12,943,000 14,585,000 210,000 14,795,000 4,229,289 Capital Project Reserve - - - - - - 480,167 Performing Arts&Event Center - 9,013,000 9,013,000 - 15,972,369 15,972,369 (0) Enterprise Fund: Surface Water Management 3,930,768 47,560 3,978,328 5,597,727 119,580 5,717,307 1,225,218 Dumas Bay Center 751,251 210,000 961,251 719,827 21,172 740,999 253,120 Internal Service Funds: Risk Management 924,443 - 924,443 924,443 128,900 1,053,343 826,422 Information Systems 1,980,780 75,371 2,056,151 2,490,246 221,271 2,711,517 2,932,846 Mail&Duplication 128,482 - 128,482 111,369 - 111,369 204,444 Fleet&Equipment 2,017,798 92,707 2,110,505 1,824,075 398,790 2,222,865 5,714,055 Buildings&Furnishings 525,840 17,293 543,133 399,817 - 399,817 2,002,040 Health Insurance 4,205,220 1,500 4,206,720 2,614,999 1,083,380 3,698,379 2,242,657 Unemployement Insurance 224,825 - 224,825 224,825 1,000,000 1,224,825 912,291 Total All Funds $100,805,519 $12,551,951 $113,357,470 $106,443,381 $23,273,497 $129,716,879 $ 45,643,992 2016 Fund and Required Fund Balance 2016 Ending Required Fund Fund Balance Fund Balance General Fund $ 9,057,054 $ 9,000,000 Special Revenue Funds: Street 500,001 500,000 Arterial Street 100,000 100,000 Utility Tax 1,500,000 1,500,000 Solid Waste/Recycling 158,558 - Special Contract/Studies 303,212 - Hotel/Motel Lodging Tax 245,300 200,000 2% for the Arts 293 - FW Community Center 1,500,000 t 1,500,000 Traffic Safety 1,500,000 I 1,500,000 Real Estate Excise Tax 2,000,000 2,000,000 Utility Tax Proposition 1 248,002 1,000,000 Federal Way Performing Arts Ce 0 I - Community Development Block 48,926 - Paths and Trails 529,664 - Strategic Reserve 2,932,583 3,000,000 Parks Reserve 750,000 750,000 Debt Service Fund 2,380,568 2,500,000 CITY OF _ Federa ry la:. 2016 Fund and Required Fund Balance...continued 2016 Ending Required Fund Fund Balance Fund Balance Capital Project Funds: Downtown Redevelopment 602,804 - Municipal Facilities 604 - Pa rks 45,716 - SWM 218,158 - Transportation 4,229,289 - Capital Project Reserve 480,167 480,000 Performing Arts & Event Center (0) - Enterprise Fund: Surface Water Management 1,225,218 690,000 Dumas Bay Center 253,120 500,000 Internal Service Funds: Risk Management 826,422 1,200,000 Information Systems 2,932,846 3,939,001 Mail & Duplication 204,444 218,850 Fleet & Equipment 5,714,055 6,463,398 Buildings & Furnishings 2,002,040 2,000,000 Health Insurance 2,242,657 970,000 Unemployement Insurance 912,291 250,000 Total All Funds $ 45,643,992 $ 40,261,249 :4 ; Federal Conclusion The City has adequate Fund Balance for Inter Fund Loan The Fund The proposed Balance is budget is funding within expected approved Fund projects Balance Policy 1y a`. • 1 D 0 0 I '1 n 0 OO .._.....) c[-, 0 0 0 wr rffw : o• Questions ? 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(=> O O ,--t-,D CAD O �- H PA; n n O r r Cl) C CD( D CD :A Tr m0 aT -ol c ,< _, D- CD 0 I -< • 0 O C c • COUNCIL MEETING DATE: November 17, 2015 ITEM#: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL • SUBJECT: ORDINANCE: S 352ND STREET EXTENSION SPEED LIMIT CHANGE POLICY QUESTION: Should City Council approve an ordinance to establish a speed limit of 35 miles-per-hour (mph)on the future S 352nd Street extension between Pacific Highway S (SR 99)and Enchanted Parkway S (SR 161) rather than accept the statewide city-street default speed limit of 25 mph? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 2, 2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston P E , Senior Traffic Engineer 'L DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated November 2, 2015. Options Considered: 1. Approve an ordinance amending Federal Way Revised Code(FWRC) 8.30, Speed Limits, that allows the City to establish and enforce a speed limit of 35 mph on the S 352nd Street extension between Pacific Highway S (SR 99) and Enchanted Parkway S (SR 161). 2. Do not approve an ordinance amending FWRC 8.30, Speed Limits, that allows the City to establish and enforce a speed limit of 35 mph on the S 352nd Street extension between Pacific Highway S (SR 99)and Enchanted Parkway S (SR 161)and provide direction to staff. MAYOR'S RECOMMENDATION: Forward Option 1 to the November 17, 2015 City Counc' Ordinance Agenda MAYOR APPROVAL: J/ptl! DI s OR APPROVAL: Comm / Council , / mtial CHIEF OF STAFF: 1, jIvG!ms- A, .i I f ee Council COMMITTEE RECOMMENDATIO : I move to forwar' the proposed ordinance to First Reading on November 17, 2015. or) caw err/�/��\ �C= At ob Celski, air Kell i alone , Member / L Assefa-Daw- , Member PROPOSED COUNCIL MOTION(S): 1sT READING OF ORDINANCE (NOVEMBER 17, 2015): "I move to forward approval of the ordinance to the December 1, 2015 Council Meeting for adoption. " 2ND READING OF ORDINANCE(DECEMBER 1,2015): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# jV/�`� ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: November 2, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor Marwan Salloum P.E., Director of Public Works FROM: Rick Perez P.E., City Traffic Engineer Erik Preston P.E., Senior Traffic Engineer SUBJECT: Proposed Changes to the Speed Limit Ordinance—S 352nd Street Extension BACKGROUND: The City has a fully-funded project designed and ready to construct the extension of S 352nd Street from Enchanted Parkway South(SR 161) to Pacific Highway South(SR 99). The speed limit for this section of roadway is currently not explicitly defined in City code. The City Council has authority to determine all speed limits in Federal Way, except on state highways where the Washington State Transportation Commission has sole authority. Streets not explicitly defined in the code default to the state maximum speed limit, which is 25 miles-per-hour(mph)on city streets. City Traffic Division staff believe that the default 25 mph speed limit is not appropriate for the design and intended use of the roadway. ANALYSIS CRITERIA RCW 46.61.415 governs the setting of speed limits by local agencies. In particular, subsection(2)reads: "Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum permitted under RCW 46.61.400(2)but shall not exceed sixty miles per hour." The federal Manual on Uniform Traffic Control Devices (MUTCD), adopted by the city in FWRC Section 19.135.060, as amended by WAC 468-95-045, lists the following criteria for determining appropriate speed limits: 1. The 85th percentile speed of vehicles traveling on the road; 2. Road characteristics, shoulder condition, grade, alignment, and sight distance; 3. The pace speed; 4. Roadside development and environment; 5. Parking practices and pedestrian activity; 6. Reported accident experience for at least a 12-month period; 7. Other factors such as route development or comprehensive plans. Another criterion that staff would consider is consistency with speed limits on similar streets. November 2,2015 S 352nd Street Extension Speed Limit Ordinance Page 2 The Institute of Transportation Engineer's Traffic Engineering Handbook provides the following rationale and guidance for setting speed limits: • "Proper use of speed regulation is based on the recognition that lower speed reduces stopping distances and generally reduces severity of accidents." • "Speed regulations and speed limits are intended to supplement motorists' judgment in determining speeds that are reasonable and proper for particular traffic, weather, and roadway • conditions." • "However, if drivers do not consider speed regulations to be reasonable, the limits will be disobeyed and lose much of their value." • "...the more a driver deviates from the average speed of traffic, the greater his or her chances of being involved in an accident." • "The 85th percentile speed as determined by a speed study is a principal factor to be used in the determination of proper speed limits. It is generally assumed that 85% of drivers operate at speeds that are reasonable and prudent for the conditions present in each situation. Hence the 85th percentile speed of a spot-speed distribution is a first approximation of the speed zone that might be imposed, subject to consideration of other factors,as listed above [citing MUTCD criteria]." Many of the MUTCD criteria cannot be evaluated since the section of roadway does not yet exist; however several principles can still be evaluated to determine the proper speed limit for the new road. Roadway Design Characteristics The S 352nd Street extension design incorporates a very straight alignment with no horizontal curvature. Such an alignment increases sight distance and would allow for higher design speeds if the road was longer.The extension is approximately 1,500 feet long between SR 161 and SR 99. The vertical alignment undulates through several vertical curves that limit the stopping and decision sight distance to 425 feet at times, which suggests a design speed of 50 mph is appropriate according to the WSDOT Design Manual. Since there is less than 3/10ths of a mile between signals,a speed limit much lower than 50 mph would be more appropriate, especially with the proposed bike lanes,curb and gutter,planter strips and sidewalk proposed that encourage bicycle and pedestrian activity. Roadside Development& Environment Both sides of the road are zoned commercial with existing commercial development along much of the corridor. A center two-way left-turn lane(TWLTL)has been incorporated into the design to facilitate commercial and truck traffic in and out of the 7 driveways proposed along the corridor. Only a couple undeveloped parcels remain along this street, so the potential number of additional access points is low with access spacing standards. Similar Streets in Federal Way S 352nd Street is classified as a Principal Collector and will include a TWLTL and bike lanes with no on- street parking. There are several other Principal Collector streets in Federal Way with at least partial S- lane cross-sections,through mostly or completely commercial zones often with bike lanes with a posted speed limit of 30 mph. Those other streets posted at 30 mph typically have more curvature in their horizontal and vertical alignments, more densely spaced driveways and intersections than what is proposed for S 352nd Street; therefore it would be reasonable to consider a higher speed limit for S 352nd Street. November 2,2015 S 352nd Street Extension Speed Limit Ordinance Page 3 Other Principal Collector streets that have relatively straight and level alignments, similar to S 352nd Street,are posted at a speed limit of 35 mph; namely, SW 344th Street(35th Avenue SW—21st Avenue SW), 28th Avenue S (S 304th St—S 317th Street), 1st Avenue S (S 296th Place—S Dash Point Road), and S 373rd Street(SR 99—8th Avenue S). It is interesting that each of these streets are two-lane roads with no TWLTL median and a similar or greater density of access points.Two other Principal Collectors with posted speeds of 35 mph and curvilinear alignments are S Star Lake Road(S 272nd Street—Military Road S)and 10th Avenue SW (SW 330th Street- SW Campus Drive). Compared to S 352nd Street, S Star Lake Road has a similar access point density with on-street parking and no TWLTL median, while 10th Avenue SW has a center TWLTL median, lower density access,and is part of the Twin Lakes/ Westway Neighborhood Greenway. This context within the City of Federal Way would suggest that a 35 mph speed limit is an appropriate starting point in the evaluation for S 352nd Street which has been designed with many of the safety enhancing facilities(TWLTL,bike lanes, off-street parking)not present on the other streets. Other Factors The straight and relatively unobstructed alignment proposed for S 352nd Street would suggest that a higher speed limit closer to the 50 mph design speed is more appropriate. However;the short length of this roadway between signals means that as the speed limit is increased, a disproportionate amount of time would be spent accelerating to the speed limit from one signal and decelerating at the other. One of the primary reasons for constructing the S 352nd Street extension is to give motorists another east- west alternative to S 348th Street and S 356th Street which are becoming increasingly congested between SR 99 and SR 161 during peak hours. A speed limit similar to those streets will help make S 352nd Street an attractive alternative to the parallel routes posted at 35 mph,while a lower speed limit will make it much less attractive. A 35 mph speed limit matching those of the parallel arterials is also appropriate because the density of access points on S 352nd Street will be similar to those parallel routes. Although commercial properties exist on both sides of S 352nd Street,they are relatively low-volume generators.The presence of the center TWLTL will provide safe left-turn storage for traffic turning in and out of these properties, even as future development of vacant parcels occurs. A speed limit of 35 mph(compared to the 25 mph default)on the S 352nd Street extension would make this route an attractive alternative to parallel arterials while balancing safety concerns due to access spacing,bicycle traffic, and other factors. CONCLUSIONS & RECOMMENDATIONS City staff recommends a 35 mph speed limit for the S 352nd Street extension rather than the default 25 mph based on other roadways in the City of the same classification and the balance achieved between route attractiveness,access point density, roadway design, and environmental characteristics. Follow-up speed studies and collision data analysis should be conducted throughout the first 2-3 years after the road is opened to determine if the recommended speed limit is indeed appropriate.A draft ordinance is attached. cc: Project File Day File ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington, relating to speed limits; amending FWRC 8.30.040.(Amending Ordinance Nos. 13- 740 10-675, 10-669, 10-668 03-449 00-364 96-259, 93-177, and 90-29 T ) T T T ) T 90-29) WHEREAS,the state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city,except that the legislative authority of the city,as authorized by state law,may declare and determine by order, rule or regulation, properly adopted, that certain increased or decreased speed regulations shall be applicable upon specified streets or in certain areas, in which event it is unlawful for any person to operate a vehicle at a speed in excess of the speed so established when proper signs are in place giving notice thereof; and WHEREAS,whenever conditions are found to exist upon an arterial street or highway which warrant an increase in the speed permitted by state law,the city council, subject to the approval of the state highway commission in cases involving state highways, shall determine and declare a reasonable and safe maximum speed limit for such arterial street or highway,or portion thereof,not to exceed 60 miles per hour; and WHEREAS,whenever it is deemed inadvisable for vehicles to operate at the maximum speed allowed by state law on any portion of a street or public highway on account of a sharp curvation, highway construction or repairs, excessive traffic, any dangerous condition, or other temporary or permanent cause,the city council,subject to the approval of the State Highway Commission in cases involving state highways, shall determine and fix a lower maximum speed or otherwise regulate a lesser speed;provided,that in no case shall the maximum speed be reduced to less than 20 miles per hour; and Ordinance No. 15- Page 1 of 5 Rev 1/15 WHEREAS,this ordinance is in the interest of the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 8.30.040 is hereby amended to read as follows: 8.30.040 Schedule. The maximum speed limits set forth in the following schedule of speed limits are hereby established as the reasonable and safe maximum speed limits to be effective at all times upon the streets and highways designated in the schedule. The mayor shall cause appropriate signs to be erected on such streets and highways, giving notice of the speed limits, as provided in this chapter. (1)Speed limit 20 mph. No person shall operate a motor vehicle upon the following described roads in excess of 20 mph: All internal park roads. 18th Place South, between South 341st Place and South 344th Street. 22nd Avenue Southwest,between Southwest 334th Street and cul-de-sac south of Southwest 334th Street. 22nd Court Southwest, between Southwest 333rd Street and cul-de-sac north of Southwest 333rd Street. 22nd Place Southwest, between Southwest 333rd Street and Southwest 334th Street. 23rd Avenue Southwest, between Southwest 333rd Street and cul-de-sac south of Southwest 334th Street. 24th Avenue Southwest, between Southwest 333rd Street and cul-de-sac south of Southwest 334th Street. 25th Avenue Southwest, between Southwest 334th Street and cul-de-sac south of Southwest 334th Street. 26th Avenue Southwest, between 100 feet north of Southwest 333rd Street to end of road south of Southwest 334th Street. Southwest 333rd Street, between 22nd Place Southwest and 26th Avenue Southwest. Southwest 334th Street, between 21st Avenue Southwest and 26th Avenue Southwest. (2)Speed limit 30 mph. No person shall operate a motor vehicle upon the following described roads in excess of 30 miles per hour: 9th Avenue South, between South 336th Street and South 348th Street. 11th Place South, between South 320th Street and South 324th Street. 20th Avenue South, between South 312th Street and South 320th Street. 16th Avenue South, between South 356th Street and South 364th Way. 23rd Avenue South, between South 312th Street and South 324th Street. South 304th Street, between Pacific Highway South and Military Road South. South 317th Street,between 23rd Avenue South and 28th Avenue South. South 324th Street,between 1 lth Place South and 23rd Avenue South. Ordinance No. 15- Page 2 of 5 Rev 1/15 South 364th Way, between 12th Avenue South and 16th Avenue South. Southwest 356th Street, between 20th Avenue Southwest and Pierce County. Milton Road South, between Enchanted Parkway South and South 372nd Street. South 372nd Street, between Milton Road South and Milton Road South. Milton Road South, between South 372nd Street and South 376th Street. (3)Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour: 1st Avenue South, between South 296th Street and South 356th Street. 12th Avenue South, between South 372nd Way and South 364th Way. 16th Avenue South,between South Dash Point Road and Pacific Highway South, and between Pacific Highway South and South 348th Street. 10th Avenue Southwest,between Southwest Campus Drive and 6th Avenue Southwest. 21st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th Street. 28th Avenue South, between South 304th Street and South 317th Street. South 288th Street, between Pacific Highway South and F.A.I. No. 5. South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue South. South and Southwest 320th Street, between 1,000 feet west of 1st Avenue South and F.A.I. No. 5 and between 21st Avenue Southwest and 47th Avenue Southwest. South 336th Street, between 1st Way South and Weyerhaeuser Way South. Southwest 336th Street, between 21st Avenue Southwest and 26th Place South west. Southwest 336th Way,between 26th Place Southwest and 30th Avenue Southwest. Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest. South 344th Street,between Weyerhaeuser Way South and 1,500 feet east of Weyerhaeuser Way South. Southwest 344th Street, between 21st Avenue Southwest and 35th Avenue Southwest. South 348th Street,between 1st Avenue and Pacific Highway South. South 352nd Street, between Pacific Highway South and Enchanted Parkway South. South 356th Street, between 1st Avenue South and 16th Avenue South. South 359th Street, between Pacific Highway South and 16th Avenue South. South 373rd Street, between Pacific Highway South and South 372nd Way. South 372nd Way, between 12th Avenue South and South 373rd Street. Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County. Redondo Way South, between South Dash Point Road and the South 284th Street(if extended). Southwest Campus Drive, between 1st Avenue South and 21st Avenue Southwest. South Star Lake Road, between South 272nd Street and Military Road South. Weyerhaeuser Way South, between South 320th Street and South 349th Street. (4)Speed limit 40 mph. No person shall operate a motor vehicle upon the following described roads in excess of 40 miles per hour: South and Southwest 320th Street, between 21st Avenue Southwest and 1,000 feet west of 1st Avenue South and between F.A.I. No. 5 and 1,000 feet east of Weyerhaeuser Way South. Ordinance No. 15- Page 3 of 5 Rev 1/15 Southwest 356th Street, between 1st Avenue South and 20th Avenue Southwest. Military Road South, F.A.I. No. 5 at South Star Lake Road and F.A.I.No. 5 at South 307th Street(if extended). (5)Speed limit 45 mph. No person shall operate a motor vehicle upon the following described roads in excess of 45 miles per hour: Military Road South, between South 320th Street and State Route 18. Section 2. Severability. Should any section, subsection,paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation,be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including,but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty(30)days from and after its passage and publication, as provided by law. Ordinance No. 15- Page 4 of 5 Rev 1/15 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 5 of 5 Rev 1/15 COUNCIL MEETING DATE:November 17,2015 ITEM#: 71) CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:UPDATE OF THE FEDERAL WAY REVISED CODE(FWRC)REGARDING FIREWORKS. POLICY QUESTION: Should the City Council update the FWRC regarding fireworks? COMMITTEE: PRHSPSC MEETING DATE:Nov 17,2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ryan Call,Assistant City Attorney DEPT:Law — Attachments: 1.Proposed ordinance Background:In addition to moving the regulation of fireworks to the more logical location of Title 6"Public Safety and Welfare"the proposed ordinance clarifies the local permitting process to be consistent with state law, cleans up and removes redundant language, imposes a fine of$250 for illegal possession or discharge of fireworks,and criminalizes reckless discharge that results in serious physical injury or damage to another's property. Options Considered: (1)Adopt the proposed ordinance to repeal Chapter 12.55 and replace it with updated regulations in new Chapter 6.63. (2)Decline to adopt the ordinance as proposed and provide direction to staff. MAYOR'S RECOMMENDATION:Adopt the proposed ordinance. MAYOR APPROVAL: 11/0 „ / /€' 1r . DIRECTOR APPROVAL: ,H"-'e 0.2.4.6 Co. ..'tt Council � Initial/Date Initi. '!e v Initi. ', CHIEF OF STAFF: Cr,itte C � r tile,. T •a] ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance with the change to $500.00 to First Reading on November 17 2015. /6"124:/t.--- I Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): VT READING OF ORDINANCE (DATE): "I move to forward the proposed ordinance to the December 1, 2015 Council Meeting for second reading and enactment." 2"n READING OF ORDINANCE(DATE): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-1/2015 RESOLUTION# ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, repealing Chapter 12.55 relating to Fireworks and adopting new Chapter 6.63 relating to Fireworks. WHEREAS, chapter 70.77 RCW is the state law relating to fireworks sale and use; and WHEREAS,notwithstanding chapter 70.77 RCW,the State Legislature has not preempted the ability of local jurisdictions to adopt ordinances related to fireworks and has expressly authorized local ordinances that are more restrictive than state law; and WHEREAS,the City Council has previously found that the risk of fire and property damage is increased by the sale and use of both"dangerous"and"consumer"fireworks as defined by RCW 70.77.136 and that banning the display of fireworks by those who have not obtained a City-issued display permit reduces the risks associated with fireworks; and Safety regulation re ulation of fireworks is a function of protecting the Pub lic Sa ty and Welfare, and therefore,regulations controlling the use of fireworks are more appropriately located under Title 6 of the Federal Way Revised Code (FWRC); and WHEREAS, increasing the fine for illegal use of fireworks to $500 and adopting criminal sanctions consistent with state law is an appropriate method of enforcing this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 12.55 FWRC, "Fireworks," is hereby repealed in its entirety. Section 2. Title 6 of the Federal Way Revised Code is amended to add a new Chapter 6.63, "Fireworks," as follows: Ordinance No. 15- Page 1 of 6 Rev 1/15 Chapter 6.63 FIREWORKS Sections: Article I. Generally 6.63.010 Definitions. 6.63.020 Construction. 6.63.030 Non-prohibited acts — Signal purposes, forest protection. 6.63.040 Special effects for entertainment media. 6.63.050 Possession, use, sale and discharge of fireworks unlawful. Article II. Permits 6.63.060 Permit required — Display of fireworks. 6.63.070 Application for public display permit. 6.63.080 Permit fees. 6.63.090 Issuance — Nontransferable —Voiding. 6.63.100 State-licensed pyrotechnician required. 6.63.110 Plan-view of site. 6.63.120 Reinforcement of fire protection. 6.63.130 Removal of combustible debris. 6.63.140 Disposal of undischarged fireworks. 6.63.150 Revocation of permit. 6.63.160 Areas of public access. Article I. Generally 6.63.010 Definitions. The definitions in RCW 70.77.120 through 70.77.241 are adopted by reference. Ordinance No. 15- Page 2 of 6 Rev 1/15 6.63.020 Construction. This chapter is intended to implement and supplement Chapter 70.77 RCW and shall be construed to be consistent with that law and any and all rules or regulations issued by the state pursuant thereto. 6.63.030 Non-prohibited acts — Signal purposes, forest protection. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination, or for use in forest protection activities. 6.63.40 Special effects for entertainment media. This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by a person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city to purchase, possess, transport or use pyrotechnic devices. 6.63.050 Possession, use, sale and discharge of fireworks unlawful. Except as authorized by state license and a city-public display permit granted pursuant to this chapter and RCW 70.77.260 (public display) or RCW 70.77.311 (use by group or individual for religious or other specific purpose on approved date and as approved location), it is unlawful for any_person to possess, use, sell, discharge or explode fireworks of any kind within the city. Violation of this section is a civil infraction punishable by a fine of$500. Any person who discharges or uses a firework in a reckless manner that creates a substantial risk of death or serious physical iniury to another person or damage to the property of another is guilty of a gross misdemeanor. Article II. Permits 6.63.60 Permit required – Display of fireworks. It is unlawful for any person to engage in a public display of fireworks within the city without a valid permit issued by the city pursuant to the provisions of this Chapter and Chapter 70.77 RCW. 6.63.70 Application for public display permit. Any person desiring to put on a public display of fireworks shall apply in writing to the local fire official for a public display permit at least fourteen days in advance of the proposed display. The applicant shall submit information and evidence consistent with WAC 212-17-270 and proof of bond or liability insurance as required by state law. Upon receipt of the local fire official's report submitted to the city pursuant to Chapter 70.77 RCW, the city building official shall review the local fire official's recommendation as to Ordinance No. 15- Page 3 of 6 Rev 1/15 the issuance of the permit and grant the application if it meets the requirements of Chapter 70.77 RCW and this chapter. Permits may be issued with conditions as outlined in FWRC 6.63.120. 6.63.80 Permit fees. The application fee for a city permit shall be assessed per the City Fee Schedule maintained by the city clerk. 6.63.90 Issuance — Nontransferable —Voiding. A public display p ermit i ssu ed pursuant to this chapter ter is valid only for the specific event described in the permit application. Permits are nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit. 6.63.100 State-licensed pyrotechnic operator required. All public fireworks displays shall be planned, organized and discharged by a state- licensed pyrotechnic operator. 6.63.110 Plan view of site. A drawing shall be submitted with an application for the display of fireworks permit showing a plan view of the fireworks discharge site and of property within 900 feet of the site. The drawing shall include all structures, fences, barricades, streets, fields, streams and anything that y�otentially catch flame. The drawing shall also highlight Yt 9 ma any potential impediment to firefighting efforts. 6.63.120 Reinforcement of fire protection. When recommended as appropriate by the local fire official, a permit may be authorized with conditions deemed necessary to mitigate risks to public health, safety and welfare. For example, a permit may be issued contingent on a fire department pumper and a minimum of two trained firefighters being on site 30 minutes prior to and after the event. The cost of such conditions fall on the applicant. Firefighter wages and equipment costs shall be compensated per the Washington State Chiefs Association's fee schedule. 6.63.130 Removal of combustible debris All combustible debris and trash shall be removed from the area of discharge and 300 feet in all directions. 6.63.140 Disposal of undischarged fireworks. All unfired or "dud" fireworks shall be disposed of in a safe manner. 6.63.150 Revocation of permit. Ordinance No. 15- Page 4 of 6 Rev 1/15 The city building official may summarily revoke a fireworks display permit at any time the local fire official determines that the planned display causes unacceptable risks to public health, safety and welfare. For example, a permit may be revoked for an applicant's noncompliance with required conditions of the permit, a change in weather conditions, or the ignition of an accidental fire in the vicinity due of the display. 6.63.160 Areas of public access. Areas of public access at the display location shall be determined by the local fire authority and maintained in a manner approved by the local fire authority. Section 3. Severability. Should any section,subsection,paragraph,sentence,clause,or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6.Effective Date. This ordinance shall take effect and be in force one(1)year from and after its passage and publication, as provided by law. Ordinance No. 15- Page 5 of 6 Rev 1/15 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 6 of 6 Rev 1/15 COUNCIL MEETING DATE: November 17,2015 ITEM#: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:2015/2016 MID-BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the_City Council approve the 2015/2016 Mid-Biennium Budget amendment Mayor's_ Proposed Budget? COMMITTEE: FEDRAC MEETING DATE: 10/27/2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 2015/2016 Mid-Biennial Budget Amendment Ordinance, Exhibit B and Exhibit C Summary/Background: The Mayor submitted the City's proposed 2015/2016 Budget to the City Council for consideration on October 7, 2014. The City Council held sessions on October 15th and 29th, and November 4th and 18th to review and deliberate on the proposed budget. Formal public hearings were held on November 4th and 18th to allow for citizen comment on the Mayor's Proposed Budget. The budget was adopted on December 2, 2014. The budget was amended on March 17, 2015. Options Considered: 1. Approve the amendment to 2015/2016 Mid-Biennial Budget. 2. Deny approval of the 2015/2016 Mid-Biennial Budget Amendment and provide direction to staff. MAYOR RECOMMENDATION: ption 1. MAYOR APPROVAL: / � /�, D�?ECTOR APPROVAL: ■■Vi Committee Council s Initial CHIEF OF STAFF: j /! J., ) Pvil ,.1 G" Co.mittee Council COMM EE RECO MENDAT ON: I move to forward the proposed ordinance first reading to the November 17, 2015 ncl me g. -,�� Kg1 i I a 2lil, V"'"�-- Committee Chair Committee , ember Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (NOVEMBER 17, 2015): I move to forward the proposed ordinance to a second reading and enactment on the December 01, 2015 Council meeting. 2"D READING OF ORDINANCE(DECEMBER 01,2015): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: �1,� El APPROVED COUNCIL BILL# llt T i 1C ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# Ordinance No. 15- Page I of 5 Rev 1/10 ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington, relating to budgets and finance revising the 2015-2016 Biennial Budget (Amending Ordinance No. 15-786) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2015-2016 fiscal biennium have been prepared and filed on October 7, 2014 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way having held public hearings on November 4 and November 18, 2014, and having considered the public testimony presented passed the ordinance approving the budget on December 2, 2014; and WHEREAS, the City Council of the City of Federal Way amended the budget ordinance approving a budget adjustment on March 17, 2015 (attached Exhibit B); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2015-16 Biennial Budget. That the budget for the 2015-2016 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit C ("2015-2016 Mid-Year Amended Budget"). Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget Ordinance No. 15- Page 1 of 5 Rev I/15 approved herein. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses,phrase, or portion thereof, irrespective of the fact that any one or more sections, > p � P p Y subsections, sentences, clauses,phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to,the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. PASSED by the City Council of the City of Federal Way this day of December, 2015. CITY OF FEDERAL WAY MAYOR,JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC Ordinance No. 15- Page 2 of 5 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 3 of 5 Rev 1/l5 EXHIBIT B 2015/2016 Amended Budget 2015 2016 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,662,082 $ 41,706,508 $ 42,956,431 $ 11,412,158 $ 42,709,838 $ 45,041,340 $ 9,080,656 Special Revenue Funds: Street 602,023 4,204,863 4,306,886 500,001 3,990,944 3,990,944 500,001 Arterial Street 308,705 1,515,500 1,724,205 100,000 1,515,500 1,515,500 100,000 Utility Tax 2,710,594 9,814,966 10,434,946 2,090,614 9,814,966 10,351,547 1,554,033 Solid Waste/Recycling 204,135 474,717 500,101 178,751 476,717 489,980 165,488 Special Contract/Studies 435,062 - 189,290 245,772 - - 245,772 Hotel/Motel Lodging Tax 400,296 200,300 355,296 245,300 200,300 200,300 245,300 2%for Arts 293 - 293 - - 293 Community Center 1,573,469 2,215,254 2,288,724 1,500,000 2,198,500 2,199,112 1,499,388 Traffic Safety Fund 3,500,515 2,123,643 2,708,977 2,915,181 2,169,882 2,169,882 2,915,181 Real Estate Excise Tax 3,550,864 1,900,000 2,723,773 2,727,091 1,900,000 2,725,123 1,901,968 Utility Tax Proposition 1 834,603 2,868,824 2,841,965 861,462 2,868,824 2,898,284 832,002 Federal Way Performing Arts Center - 10,000 10,000 - - - - Community Development Block Grant 48,926 1,237,072 1;237,072 48,926 1,237,103 1,237,103 48,926 Paths and Trails 196,664 164,000 - 360,664 169,000 - 529,664 Strategic Reserve 3,382,044 - 227,348 3,154,696 - - 3,154,696 Debt Service Fund 73,486 1,838,813 1,039,573 872,726 1,721,538 1,721,538 872,726 Capital Project Funds: Downtown Redevelopment 333,060 227,348 537,604 22,804 - - 22,804 Municipal Facilities 199,943 100,000 154,462 145,481 - - 145,481 Parks 4,713,424 300,000 4,898,408 115,016 300,000 300,000 115,016 Surface Water Management 2,511,316 3,123,000 5,085,058 549,258 2,110,000 2,110,400 548,858 Transportation 8,211,839 14,632,655 16,362,867 6,481,627 12,733,000 14,585,000 4,629,627 Capital Project Reserve 480,167 - - 480,167 - - 480,167 Performing Arts and Event Center 8,383,571 1,310,256 9,693,827 (0) - - (0) Enterprise Fund: Surface Water Management 4,491,216 3,867,876 5,340,547 3,018,545 3,930,768 5,597,727 1,351,586 Dumas Bay Centre 181,201 872,910 1,012,071 42,040 751,251 719,827 73,464 Internal Service Funds: Risk Management 1,346,299 924,443 936,716 1,334,026 924,443 924,443 1,334,026 Information Technology 3,939,001 1,973,706 2,430,020 3,482,687 1,980,780 2,490,246 2,973,221 Mail&Duplication 218,850 128,482 160,001 187,331 128,482 111,369 204,444 Fleet&Equipment 6,463,398 2,199,871 3,155,707 5,507,562 2,017,798 1,824,075 5,701,285 Buildings&Fumishings 1,825,372 524,414 398,354 1,951,431 525,840 399,817 2,077,454 Health Insurance 1,031,753 4,205,220 3,199,999 2,036,974 4,205,220 2,614,999 3,627,195 Unemployment Insurance 1,912,291 224,825 224,825 1,912,291 224,825 224,825 1,912,291 Grand Total All Funds $ 76,726,461 $ 104,889,466 5 127,135,052 $ 54,480,876 $ 100,805,519 $ 106,443,381 $ 48,843,014 Ordinance No. 15- Page 4 of 5 Rev 1/15 EKHIB IT C 2015/2016 Mid-Biennial Amended Budget 2015 2016 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,662,082 $ 42,129,721 $ 43,567,720 $ 11,224,082 $ 45,675,277 $ 47,842,306 $ 9,057,054 Special Revenue Funds: Street 602,023 4,204,863 4,306,886 500,001 3,990,944 3,990,944 500,001 Arterial Street 308,705 1,515,500 1,724,205 100,000 1,515,500 1,515,500 100,000 Utility Tax 2,710,594 8,741,966 9,423,408 2,029,152 8,911,924 9,441,076 1,500,000 Solid Waste/Recycling 204,135 474,717 501,031 177,821 431,117 450,380 158,558 Special Contract/Studies 435,062 - 81,850 353,212 - 50,000 303,212 Hotel/Motel Lodging Tax 400,2% 200,300 355,296 245,300 200,300 200,300 245,300 2%for Arts 293 - - 293 - - 293 Community Center 1,573,469 2,282254 2,372,224 1,483,500 2,254,141 2,237,641 1,500,000 Traffic Safety Fund 3,500,515 2,773,643 3,032,413 3,241,745 2,418,746 4,160,491 1,500,000 Real Estate Excise Tax 3,550,864 3,100,000 3,142,237 3,508,627 2036,4% 3,545,123 2,000,000 Utility TaxProposition 1 834,603 2,555,824 2841,965 548,462 2,597,824 2,898,284 248,002 Federal Way Performing Arts Center - 27,988 27,988 - 22,722 22722 0 ' Community Development Block Grant 48,926 1,237,072 1,237,072 48,926 1,237,103 1,237,103 48,926 Paths and Trails 196,664 164,000 - 360,664 169,000 - 529,664 Strategic Reserve 3,382,044 - 369,765 3,012,279 47,652 127,348 2932,583 Parks Reserve - 250,000 - 250,000 500,000 - 750,000 Debt Service Fund 73,486 2437,240 1,039,573 1,471,153 1,721,538 812,123 2,380,568 Capital Project Funds: Downtown Redevelopment 333,060 807,348 537,604 602,804 127,348 127,348 602,804 Municipal Facilities 199,943 100,000 299,339 604 - - 604 Parks 4,713,424 555,425 5,223,133 45,716 300,000 300,000 45,716 Surface Water Management 2,511,316 3,192,300 5,485,058 218,558 2,110,000 2,110,400 218,158 Transportation 8,211,839 15,432,889 17,563,439 6,081,289 12943,000 14,795,000 4,229,289 Capital Project Reserve 480,167 - - 480,167 - - 480,167 Performing Arts and Event Center 8,383,571 1,468,133 2,892,335 6,959,369 9,013,000 15,972,369 (0) Enterprise Fund: Surface Water Management 4,491,216 3,891,607 5,418,626 2,964,197 3,978,328 5,717,307 1,225,218 Dumas Bay Centre 181,201 934,910 1,083,243 32,868 961,251 740,999 253,120 Internal Service Funds:- Risk Management 1,346,299 964,443 1,355,420 955,322 924,443 1,053,343 826,422 Information Technology 3,939,001 2054,744 2,405,533 3,588,212 2,056,151 2,711,517 2,932,846 Mail&Duplication 218,850 128,482 160,001 187,331 128,482 111,369 204,444 Fleet&Equipment 6,463,398 2,340,393 2,977,376 5,826,415 2,110,505 2,222865 5,714,055 I Buildings&Furnishings 1,825,372 431,707 398,354 1,858,724 543,133 399,817 2,002,040 Health Insurance 1 031 753 4,400,720 3 698 158 1,734,315 4 206 720 3,698,379 2242,657 Unemployment Insurance 1,912,291 224,825 224,825 1,912,291 224,825 1,224,825 912,291 Grand Tata!All Funds S 76,726,461 $ 109,023,014 S 123,746,076 $ 62,003,400 S 113,357,470 S 129,716,879 $ 45,643,992 Ordinance No. 15- Page 5 of 5 Rev 1/15 COUNCIL MEETING DATE: November 17,2015 ITEM#: 7d ................................................................. .... ....................................................................................................................................................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2016 PROPERTY TAX LEVY POLICY QUESTION: Should the City Council increase the regular property tax consistent with the limit factor prescribed by RCW 84.55.0101? COMMITTEE: FEDRAC MEETING DATE: 10/27/2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 2016 Property Tax Levy Ordinance, and 2016 Property Tax Certification Ordinance Summary/Background: The City Council held public hearings on November 3rd and November 17th on the proposed 2015/2016 Biennial Budget Amendments and 2016 proposed Property Tax Levy. The 2016 proposed Property Tax Levy is based on the 0.251% increase limit plus new construction. Based on preliminary information from the King County Assessor,this would result in a decrease in the tax rate from $1.248 to approximately $1.191 per$1,000 of assessed valuation. Options Considered: 1. Approve the attached 2016 Property Tax Levy Ordinance. 2. Deny approval of the 2016 Property Tax Levy Ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: 's/ - / p lb ; / /5DIRECTOR APPROVAL: 416 ItI2b J Committ:- Council ( Initial/Date Initial/D. ! Initial/Date CHIEF OF STAFF: 6 L I Mr A J 1, Cot Conn, / In; al/DI Initial�,P.te COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance first reading to the November 17, 2015 Council eeting. �ht,c AI*II 1 A__ Committee Chair Committe- ember Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (NOVEMBER 17, 2015): "1 move to forward approval of the ordinance to the December 01, 2015 Council Meeting for enactment." 2ND READING OF ORDINANCE(DECEMBER 01,2015): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# l( ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the property tax amount for the year of 2016. WHEREAS, the City Council of the City of Federal Way has met and reviewed all revenue sources and examined all anticipated expenses and other obligations for the 2015/16 biennium; and WHEREAS,the City Council, in the course of considering the biennium budget, conducted public hearings on November 3, 2015 and November 17, 2015 for the proposed property tax levy for 2016, and proposed revenues and expenditures for the biennium; and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony, determined that it is necessary and advisable to authorize an increase in regular property tax consistent with the limit factor prescribed by RCW 84.55.0101 to discharge the • expected expenses and obligations of the City; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Levy. There shall be and there is hereby levied against the property in the City of Federal Way, Washington, a municipal regular property tax for the year 2016 for the purpose of paying expenses and discharge obligations of the City in the amount of Ten Million Nine Hundred Thousand Dollars ($10,900,000). The levy amount includes (1) a decrease in property tax revenue from the previous year of One Thousand Two Hundred and Thirty Dollars (-$1,230) or minus point zero one percent (0.01%), (2) new construction and improvements to property, (3) any increase in the value of Ordinance No. 15- Page 1 of 3 Rev 1/15 LU state assessed property, and (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective January 1, 2016. PASSED by the City Council of the City of Federal Way this day of December, 2015. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC Ordinance No. 15- Page 2 of 3 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 3 of 3 Rev 1/15 LU