Council PKT 01-03-2017 RegularThe City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers
are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government
Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
January 3, 2017 – 7:00 p.m.
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATION
a. Swearing In Ceremony for New Police Officers
b. Proclamation: National Mentoring Month: January 2017 -Communities In Schools
Executive Director Tracy Oster and Program Manager Jennifer Youngblood-CIS
c. Mayor’s Emerging Issues and Report
• New Markets Tax Credit Update – Tim Johnson, Economic Development Director
• Update on Council Position No. 2 Vacancy – Interviews January 5
• IRG Update – Mark Orthmann, Acting City Attorney
• University Initiative Report
• Update on Multi-Family Moratorium – Brian Davis, Community Development Director
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record.
Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three
minutes, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: December 6, 2016 Regular and Special Meetings; December 14, 2016
Special Meeting, December 15, 2016 Legislative Breakfast Summary … page 3
b. Steel Lake Park to Downtown Trail Project – 85% Design Review and Authorization to
Bid … page 24
c. S 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project –
Letter of Understanding with Comcast … page 26
d. RESOLUTION: Grant Funding for Transportation Improvement Projects –
Authorization to Accept Grant Funding … page 35
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers
are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government
Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
e. MOU with the Historical Society of Federal Way … page 41
f. Arts Commission 2017 Contract for Services … page 46
g. Interlocal Agreement with Federal Way Public School District #210 … page 48
6. COUNCIL BUSINESS
a. Teamsters Collective Bargaining Agreement … page 52
b. Extension of Interim City Attorney Appointment … page 72
c. Grant Acceptance – Port of Seattle for Economic Development … page 74
d. 2% for Art Program for Performing Arts and Event Center … page 88
7. ORDINANCES
First Reading
a. Council Bill #718/Adoption of State Mandated Building and Construction
Codes … page 90
AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the
Washington State Building Code and related matters; amending Title 13 FWRC.
(Amending Ordinance Nos. 01-389, 04-465, 07-563, 09-595, 10-665, 13-743, and 15-793)
b. Council Bill #719/Admissions Tax … page 113
AN ORDINANCE of the City of Federal Way, Washington, relating to the imposition of
an admission tax.
Second Reading
c. Council Bill #716/Proposed Washington State Parks and Recreation (Dash
Point State Park) Sewer Line and Park Utilities Franchise … page 122
AN ORDINANCE of the City of Federal Way, Washington, granting Washington State
Parks and Recreation, a nonexclusive franchise to occupy rights-of-way of the City of
Federal Way, Washington, within the specified franchise area for the purposes of
constructing, maintaining, repairing, operating, and removing gravity sewer lines, and
other utilities, with all connections and appurtenances thereto, for State Park purposes
within and through the City of Federal Way.
8. COUNCIL REPORTS
9. EXECUTIVE SESSION
• Collective Bargaining pursuant to RCW 42.30.140(4)(b)
10. ADJOURNMENT
COUNCIL MEETING DATE: January 3, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes for the December 6, 2016 Regular and
Special Meetings, December 14, 2016 Special Meeting, and December 15, 2016 Legislative Breakfast?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
® Consent Ordinance U Public Hearing
❑ City Council Business n Resolution n Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Attachments:
DEPT: Mayor's Office
Draft minutes for the December 6, 2016 Regular and Special City Council Meeting
Draft minutes for the December 14, 2016 Special City Council Meeting
Draft summary for the December 15, 2016 Legislative Breakfast
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL:
N/A
Committee
Initial/Date
N/A
Council
Initial/Date
CITY CLERK APPROVAL:
COMMITTEE RECOMMENDATION: N/A
N/A
Committee Chair
N/A
N/A
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 — 12/2016 RESOLUTION #
CITY OF
t Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
December 6, 2016 — 6:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:01 p.m.
CRAFT
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember
Susan Honda, Councilmember Kelley Maloney, Councilmember Mark Koppang, Councilmember
Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: Acting City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. EXECUTIVE SESSION
At 6:01 p.m. Mayor Ferrell announced Council would be recessing into Executive Session for the
purpose of discussing Property Acquisition pursuant to RCW 42.30.110(1)(b) and Collective
Bargaining pursuant to RCW 42.30.140(4)(b) for approximately thirty (30) minutes.
• Property Acquisition — Pursuant to RCW 42.30.110(1)(b)
• Collective Bargaining — Pursuant to RCW 42.30.140(4)(b)
Council returned to Chambers at 6:25 p.m.
3. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:25 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 1 of 1
December 6, 2016
CITY OF
.t Federal Way
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
December 6, 2016 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:09 p.m.
RAFT
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson (via phone), Councilmember Kelly Maloney, Councilmember Susan Honda,
Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: Acting City Attorney Ryan CaII and City Clerk Stephanie Courtney.
Mayor Ferrell announced Councilmember Assefa- Dawson is participating in the meeting via phone.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. PRESENTATIONS
RECEPTION FOR OUTGOING COUNCILMEMBER KELLY MALONEY
Mayor Ferrell thanked Councilmember Kelly Maloney for her service and dedication to the community
and to the Council during and prior to her position on the Council. He read and presented her with a
plaque in appreciation for her service. Councilmember Maloney thanked the Mayor and her
colleagues on the Council and the countless citizens who have advocated for their passions and
beliefs. She also gave a heartfelt thank you to her husband and family for their support over the last
four years.
At 7:18 p.m. Mayor Ferrell announced a brief recess for a reception honoring Councilmember
Maloney. Mayor Ferrell resumed the Regular Meeting at 7:32 p.m.
Mayor Ferrell acknowledged and thanked King County Councilmember Pete von Reichbauer and
Representative Linda Kochmar for their attendance tonight.
a. Sound Transit Briefing on Final EIS for Federal Way Link Extension
Sound Transit Representative Cathal Ridge gave a succinct update to Council regarding the final EIS
and the current timelines for Federal Way Link Extension. He noted public comment is welcome until
December 19. Next Steps will include beginning Right -of -Way Acquisitions and relocation. He
displayed renderings of station concepts and preferred alternative access. He discussed concerns
Federal Way City Council Regular Minutes Page 1 of 13
December 6, 2016
with elevated options and trenching options at the 272nd Station. In conclusion he noted preliminary
design including proposed improvements and estimated costs are nearly complete; Environmental
Process with impacts and mitigation is also nearly complete. The Term Sheet which outlines
standards /code requirements; permit review process and staff needs is yet to be completed.
b. Mayor's Emerging Issues and Report
• Introduction of Yarden Weidenfeld, Senior Policy Advisor and Mayor's
Office Reorganization
Mayor Ferrell welcomed and introduced Mr. Yarden Weidenfeld who will be a Senior Policy Advisor
working on special projects on behalf of the Mayor's Office. Mr. Weidenfeld greeted Council and
briefly reviewed his background and his excitement to serve the citizens of Federal Way. The Mayor
also reported additional changes in his office including Steve McNey transitioning into the Senior
Advisor Role and Kathy Arndt as the Office Manager.
• Holiday Tree Lighting at Town Square Park
Parks Director John Hutton gave a brief report on the Holiday Tree Lighting Event held on December
3. He was pleased the event was well attended even in the very cold weather. Also attending were
Santa and Mrs. Claus as well as a few live reindeer. He thanked the many sponsors, community
groups and the local performers and children's choirs who made the event magical for all who
attended.
• Performing Arts and Event Center Update
Executive Director Theresa Yvonne was proud to introduce her first employee, Operations Manager
Ms. Marlette Buchanan. Ms. Buchanan thanked Council and noted she is thrilled and excited to be a
part of this project in Federal Way. Ms. Yvonne also highlighted the mockup version of the theatre
seats which are on display in Chambers. She reminded everyone of the ongoing seat campaign with
donation levels of $1,000 to $2,500 to have a plaque on a seat. She also played a short video which
depicted areal views of the expanding project.
• Inclement Weather Report — Snow /Ice
Public Works Director Marwan Salloum gave a brief update on the city's severe winter weather
readiness for snow and ice; windstorms, and flooding. Change in operation from past years includes
utilizing salt brine mixer to manufacture brine at the maintenance yard; the brine is applied to the
roadway and there is no longer a reliance on calcium chloride.
Mr. Salloum noted the program includes plowing and applying of the brine in accordance with priority
levels which include:
• Primary Routes — All major and minor arterials
• Secondary Routes — all collector streets
• Residential Streets
Planned routes are designed to obtain maximum equipment utilization and highest level of service.
The most effective outcome is to follow the pre - planned routes. The city does not treat or plow private
streets, parking lots or driveways.
Councilmember Duclos commended Mr. Salloum and his staff for their outstanding efforts every
year during inclement weather.
Federal Way City Council Regular Minutes Page 2 of 13
December 6, 2016
• City Council Regular Meeting Cancellation — December 20
Mayor Ferrell noted following in tradition, the Council took action to cancel the December 20 Regular
Meeting to allow for Council and staff vacation time during the holidays.
Mayor Ferrell briefly encouraged citizens to attend the 3rd Annual Bonsai Solstice on December 18 at
the Pacific Bonsai Museum.
4. CITIZEN COMMENT
Mary Ellen Stone with King County Sexual Assault Resource Center requested additional money be
allocated her organization to continue the level of service they have been providing.
Joann Piquette with the Federal Way Coalition of the Performing Arts provided their December report:
$923,960.33 raised and collected with $37,988.08 committed and not yet received. Only and
additional $38,000 is required to meet their $1 million goal.
Walt Brooks provided written comments which were read by Mayor Ferrell regarding ST3 and ST1.
Roger Flygare submitted written comments which were read into the record by the City Clerk
regarding the recruitment of a regional medical care and research campus for the former corporate
headquarters of Weyerhaeuser.
Bob Woolley indicated that he has been waiting too long for a response from the City Council
regarding Lake Jeane and he is ready to engage.
Ron Beckerdite expressed his appreciation to Councilmember Maloney, spoke regarding the process
of the zoning of the former Weyerhaeuser Property and stated he is against the current proposed
development.
Leah Boehm Brady spoke in regards to High Point Uptown Square and requested changes be made
to the code to protect neighborhoods.
Mark Brady thanked Councilmember Maloney for her service and provided additional information
regarding High Point and the appeal made by the citizens regarding the cleanup.
Betty Taylor shared that she will be making leis for the homeless which will contain lotion, soap,
toothpaste, and other toiletries; she is taking donations in hopes of making 100 leis.
Mayor Ferrell stated anyone can contact his office and donations made will go to help build
the leis.
Dana Hollaway read the portions of the City of Federal Way Comprehensive Plan regarding its
purpose and the purpose of long range planning.
TaShawna Nash, Committee Chair for Save Weyerhaeuser Campus, shared the vision and purpose
of their group.
Debra Hansen shared that for the past two years she has been working with other residents to obtain
the undeveloped land on North Lake for a conservancy. She requested the city's support and financial
commitment.
Federal Way City Council Regular Minutes Page 3 of 13
December 6, 2016
Richard Pierson thanked Councilmember Maloney for her service. He seconded Ms. Hanson's
comments above and thanked the city for their time thus far. He also requested financial support from
the city.
Cindy Flanagan provided written comments which were read into the record by the City Clerk
requesting the City Council pass a resolution to support conservation of the Northlake Watershed.
Norma Blanchard stated that the city needs term limits and distributed paperwork.
Lori Sechrist spoke regarding the interpretation of the zoning on the former Weyerhaeuser property
noting conflicting interpretations and requested a formal interpretation.
Danielle "Dan" Wise with Catholic Community Services reported the Day Shelter is open and already
had their first visitors. She invited the Mayor and Councilmembers to visit and looks forward to the
partnership in the future.
June Cleary shared her support of the Save Weyerhaeuser Campus and a moratorium on the CP -1
zone. She also supports the multi - family housing moratorium (agenda item 8c).
Peggy Maze Johnson has been involved in Human Services and is concerned for the homeless and
lack of shelter available. She proposed opening empty businesses to shelter homeless people.
Julie Cleary indicated she would like to see an analysis on the full 430 acres property instead of
piecemeal. She shared that ten properties within the city have applied to have their properties
rezoned to multifamily. She also questioned when a lead attorney will be hired.
Mayor Ferrell shared that a recruiter has been on site and that Acting City Attorneys Mark
Orthmann and Ryan Call have done a phenomenal job.
Tom Messmer thanked the City Council for canceling the meeting on the twentieth. He has been
researching and learning about the Olympic Pipeline and is not taking it casually. He shared that there
is no redirecting of the drainage taking place other than the storm water retention pond.
Dr. Michael Brown shared from the 1994 Concomitant Agreement as well as the Vision 2040 Plan and
requested the city provide a written interpretation regarding what is meant by maintaining unique
natural feature, preserving open spaces, and maintaining character of campus.
Tracie Manolides provided written comments which were read into the record by the City Clerk
regarding quotes from a February 2, 2016 article Commercial Property Executive.
Suzanne Vargo noted the number of times the Planning Commissions canceled their commission
meetings, the increase of Executive Sessions called by the City Council since 2015, and asked what
is meant by "approval of minutes" as well as other questions.
Jerry Graham requested a moratorium.
5. CONSENT AGENDA
a. Minutes: November 9, 2016 Special Meeting and November 15, 2016 Regular Meeting
b. Monthly Financial Report — October 2016
c. Vouchers — October 2016
Federal Way City Council Regular Minutes Page 4 of 13
December 6, 2016
d. RESOLUTION: 2017 Fee Schedule
e. Performing Arts and Event Center Orchestra Shell — Authorization to Bid
f. Reimbursement for Prior Purchase of Right of Way for Grand Staircase (north side of
S 316th St at 21St Ave S)
Councilmember Honda pulled item (f)/ Reimbursement for Prior Purchase of Right of Way for
Grand Staircase (north side of S 316th St at 21st Ave S)
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -E AS
PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Item (f)/ Reimbursement for Prior Purchase of Right of Way for Grand Staircase (north side of S
316th St at 21st Ave S)
Councilmember Honda stated she will not be supporting this item and the use of LIFT funds.
Councilmember Koppang asked for brief clarification as he understood this to be a reimbursement for
a prior purchase through the LIFT funding mechanism which will expire at the end of 2016. Deputy
Public Works Director EJ Walsh spoke to the question and confirmed this is a reimbursement through
the LIFT funds and the city's expenditure has already been fulfilled; no additional funds are required.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF ITEM (F) /REIMBURSEMENT FOR PRIOR
PURCHASE OF RIGHT -OF -WAY FOR GRAND STAIRCASE; COUNCILMEMBER DUCLOS
SECOND. The motion passed 6 -1; Honda dissenting.
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda no
6. PUBLIC HEARING
a. Multi - Family Housing Moratorium Extension
At 9:26 p.m. Mayor Ferrell opened the Public Hearing.
• Staff Report — Brian Davis, Community Development Director
Community Development Director Brian Davis spoke briefly to this item and noted while the intention
was to only have one 6 -month moratorium, due to staffing levels and key staff leaving for other
positions, he is currently requesting an additional 6 -month moratorium to complete the work and
research needed to make a full recommendation. He noted to accomplish this, he has reassigned and
reallocated projects and workloads to ensure this is completed in a timely manner and within the
timeframe.
Councilmembers were very concerned this was not completed within the original 6 months and asked
Federal Way City Council Regular Minute. Page 5 of 13
December 6, 2016
various clarifying questions of Mr. Davis. Councilmember Honda asked if the extension could be less
than 6 months.
Mr. Davis noted due to timelines of meetings dates to get this through the process of the Planning
Commission to the Council Committee and to the Council as a whole, he is already working a shorter
timeline than what it appears.
Councilmember Assefa- Dawson and Councilmember Moore stated they would not be supporting this
Ordinance (when presented later in the agenda) as they believe it could hurt families and those who
are seeking low income and affordable housing.
CITIZEN COMMENT
Tim Burns shared concerns over the process of the moratorium; he opposes suspending the Council
Rules of Procedure regarding first and second reading taking place in the same meeting. He feels
the rule should be followed as approved.
COUNCILMEMBER MALONEY MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER
DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
DEPUTY MAYOR MOVED TO SUSPEND COUNCIL RULES TO ALLOW THE MEETING TO
CONTINUE PAST THE HOUR OF 10:00 P.M.; COUNCILMEMBER DUCLOS SECOND. The motion
passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
At 9:48 p.m. Mayor Ferrell announced the Council would be taking a brief recess for approximately
ten (10) minutes. The Mayor reconvened the meeting at 10:02 p.m.
7. COUNCIL BUSINESS
a. Authorizing the Finance Director to Certify the Levy to the County Legislators
Finance Director Ade Ariwoola, noted this is a standard process every year. He stated the updated
form was submitted to the Council for review and is an estimate until it is finalized at the end of the
month.
COUNCILMEMBER DUCLOS MOVED TO AUTHORIZE THE FINANCE DIRECTOR TO CERTIFY
THE 2017 TAX LEVY TO THE COUNTY; COUNCILMEMBER KOPPANG SECOND. The motion
passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Federal Way City Council Regular Minutes Page 6 of 13
December 6, 2016
b. Community Center Pool Chemical Vendor Contract
Aquatics Coordinator Craig Feldman discussed the chemical contract stating this contact ensures
continued delivery of safe and balanced water to the Federal Way Community Center. He noted this
process is better for the environment and saves water, heat and chemical costs.
Councilmember Honda thanked Mr. Feldman for the report, and is pleased with how much of an
improvement this filter system is to the Community Center and those that use the pools.
COUNCILMEMBER DUCLOS MOVED TO APPROVE THE 2017 COMMUNITY CENTER POOL
CHEMICAL GOODS AND SERVICES AGREEMENT TOTALING $50,000 IN COMPENSATION AND
AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; COUNCILMEMBER MOORE
SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
c. 2017 -2018 Human Services General Fund Grants — Funding Recommendations
Community Services Manager Jeff Watson presented the 2017 -2018 Human Services General Fund
Grant — Funding Recommendations. Mr. Watson noted the funding is for 2017 -2018 with total
requests received prior to the deadline of $1,164,725 for 83 total applications.
He reported the Human Services Commission met to review and evaluate the applications based on
the four criteria:
• Basic Human Services Needs
• Individual and Community Safety
• Development of a Comprehensive Human Services Network & Services for
Persons with Special Needs, and
• Support Low - Income Families with Children
Basic Human Services Needs must have minimum 37% of total Human Services General Fund.
Mr. Watson reported the Human Services Commission brought forward the following recommendation
to fund the HSGF in the aggregate amount of $516,000 each year for 2017 & 2018. The individual
grant amounts shall be subject to the contingency that, should funding for the Human Services
General Fund Grants be either greater or lesser than the anticipated budget amount, there shall be a
pro -rata adjustment to all grants, except for those that would result in a grant amount less that $3,000.
Additionally, the Commission recommends the City Council approve the request from Catholic
Community Services for the Day Center for 2018 in addition to the normal grants, which would result
in a total of $591,000 for 2018.
Following Council Committee discussion, it was suggested and agreed to not fund the $75,000 for the
Day Center at this point and leave the request open for a year for reconsideration.
Councilmembers thanked Mr. Watson for his presentation and asked various clarifying questions
regarding his presentation. Discussion continued regarding Auburn Youth Resources not receiving
funding. Councilmembers agreed there is a need for a youth program and would like staff to reach out
to Auburn Youth Resources and any other agencies who work with Youth homeless for our
community.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF HUMAN SERVICES GENERAL FUND
GRANT RECOMMENDATIONS AS RECOMMENDED BY THE FINANCE, ECONOMIC
DEVELOPMENT REGIONAL AFFAIRS COMMITTEE, INCLUDING NO 2018 FUNDING FOR THE
Federal Way City Council Regular Minutes Page 7 of 13
December 6, 2016
DAY CENTER; COUNCILMEMBER KOPPANG SECOND.
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
d. 2017 State Legislative Priorities
Senior Advisor Steve McNey gave a brief presentation on the 2017 Legislative Priorities which
include the following topics:
• Law Enforcement — Safe City cameras /new and replace aging equipment
• Transportation - City Center Access Project — 324th and City Center Access.
• Community Development- in coordination with community partners, addressing opiate
addiction and homelessness
• Performing Arts and Event Center- capital ask for funding the kitchen upgrades
• Public Records Reform — public records act reform from abusive requests
• University Initiative — locate a downtown university campus in Federal Way
• Public Health — investment in public health and fund basic public health
• Adjust the property tax cap- adjusting property tax cap
• Education — work with and support needs of the school district
Councilmembers thanked Mr. McNey for his presentation. Council discussion centered on specifically
addressing "opiate addiction" under the Community Development section and including feedback
from the school district; Council consensus was to amend both sections.
Councilmember Assefa- Dawson lost connection at 10:54pm.
Councilmember Maloney requested more information on the Marchmen Act coming out of Florida.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE 2017 CITY OF FEDERAL WAY
LEGISLATIVE PRIORITIES AS AMENDED; COUNCILMEMBER DUCLOS SECOND. The motion
passed unanimously 6 -0 as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson no vote Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
At 11:14 p.m. Mayor Ferrell announced a brief recess to reconnect with Councilmember Assefa -
Dawson who is participating via phone. Councilmember Assefa- Dawson was quickly reconnected
the Mayor reconvened the meeting.
8. ORDINANCES
First Reading /Introduction
a. Council Bill #716 — Proposed Washington State Parks and Recreation (Dash
Point State Park) Sewer Line and Park Utilities Franchise
AN ORDINANCE of the City of Federal Way, Washington, granting Washington State Parks and
Recreation, a nonexclusive franchise to occupy rights -of -way of the City of Federal Way,
Washington, within the specified franchise area for the purposes of constructing, maintaining,
repairing, operating, and removing gravity sewer lines, and other utilities, with all connections
and appurtenances thereto, for State Park purposes within and through the City of Federal Way.
Federal Way City Council Regular Minutes Page 8 of 13
December 6, 2016
Public Works Deputy Director Desiree Winkler briefed the Council on this proposed ordinance. Ms.
Winkler noted Washington State Parks and Recreation had a non - exclusive Franchise Ordinance for
operating and maintaining a sewer line and other park utilities within certain rights -of -way which
expired on July 24, 2016. This new Franchise Ordinance allows continued operation and maintenance
of the park utilities.
The City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER MALONEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
JANUARY 3, 2017 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
First & Second Reading /Enactment
b. Council Bill #714 — 2015 -2016 Biennial Budget Amendment
AN ORDINANCE of the City of Federal Way, Washington, relating to the 2015 -2016 Biennial
Budget. (Amending Ordinance Nos. 14 -781, 15 -786, 15 -809, and 16 -819)
Finance Director Ade Ariwoola stated the budget amendment for 2015 -2016 has to be approved prior
to the end year. He gave a brief overview of the proposed changes in the budget.
The General Fund Changes Include:
• Lakehaven Fire Hydrant Maintenance & Streetlight Electricity - $419K
• Day Shelter Services (Grant from Department of Commerce) - $100K
• Police Department Retro Pay, Vacation Payout, & Pay Increase for
remaining payroll - $321K
• Building M &O for fence at City Hall Police parking lot - $6K
Federal Way Community Center Fund:
• Security Cameras - $9K
• Increase in Temporary Help - $35K
• Repair & Maintenance Supplies - $10K
• Bad Debt Expense - $52K
• Funded out of Utility Tax - $68K
Traffic Safety Fund:
• Safety Cameras - $123K
• Police Department Retro Pay, Vacation Payout, & Pay Increase for
remaining payroll - $33K
Real Estate Excise Tax Fund:
• Transfer out to Transportation CIP S 352nd Extension from SR99 to
SR161 Project $221K
Utility Tax Proposition 1 Fund:
• Police Department Retro Pay, Vacation Payout, & Pay Increase for
remaining payroll - $47K
Debt Service Fund:
• Debt Service Fees - $3K
Federal Way City Council Regular Minutes Page 9 of 13
December 6, 2016
Dumas Bay Centre Fund: (total $167K offset by increase in revenue of $274K)
• Temporary Help - $46K
• Other Operating Supplies - $4K
• Food & Beverage Supplies - $56K
• Repairs & Maintenance Services - $24K
• Carpet Replacement - $14K
• HVAC Work - $3K
• Centerstage Theatre Management & Operations Increase $20K
Fleet & Equipment Fund:
• 6 Community Development Vehicles - $174K (funded by reserves)
Building & Furnishings Fund:
• Fence for City Hall Parking Lot - $6K
Health Insurance Fund:
• Prescription Services, Medical Services, Insurance Stop Loss, &
Professional Services - $1.4M (offset by increased revenues)
He reviewed the reorganization of the Mayor's Office including eliminating the Executive Assistant;
Chief of Staff and Outreach Coordinator positions; increasing the Executive Assistant to Council
salary; and adding a Senior Policy Advisor, Senior Advisor to the Mayor, and Office Manager position.
These changes are a annual savings of $19,080.
Councilmembers thanked Mr. Ariwoola for the presentation and asked clarifying questions on the
changes in the budget and the specific changes in the Mayor's Office.
COUNCILMEMBER DUCLOS MOVED TO SUSPEND CITY COUNCIL RULE 2.2(8) TO ALLOW
FIRST AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; COUNCILMEMBER
MALONEY SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
The City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL AND ADOPTION OF THE PROPOSED
ORDINANCE AMENDING THE 2015 -2016 BIENNIAL BUDGET; COUNCILMEMBER MALONEY
SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
c. Council Bill #715 — Multi - Family Housing Extension of Moratorium
AN ORDINANCE of the City of Federal Way, Washington, relating to the 2015 -2016 Biennial
Budget. (Amending Ordinance Nos. 14 -781, 15 -786, 15 -809, and 16 -819)
Community Development Director Brian Davis noted he gave his presentation earlier this evening
under the Public Hearing portion of the agenda. Councilmembers encouraged Mr. Davis to keep
them informed on the progress of this project.
Federal Way City Council Regular Minutes Page 10 of 13
December 6, 2016
COUNCILMEMBER MALONEY MOVED TO SUSPEND CITY COUNCIL RULES 2.2(8) TO ALLOW
FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; COUNCILMEMBER
KOPPANG SECOND. The motion passed 5 -2; Assefa- Dawson and Moore dissenting.
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson no Councilmember Moore no
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER MALONEY MOVED APPROVAL AND ADOPTION OF THE PROPOSED
ORDINANCE RENEWING A MORATORIUM ON THE EXPANSION OR CREATION OF MULTI-
FAMILY HOUSING FOR AN ADDITIONAL SIX MONTHS; COUNCILMEMBER KOPPANG
SECOND. The motion passed 5 -2; Assefa- Dawson and Moore dissenting.
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson no Councilmember Moore no
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Second Reading /Enactment
d. Council Bill #7111 2017 -2018 Biennial Budget
AN ORDINANCE of the City of Federal Way, Washington, relating to budgets and finance,
adopting the 2017 -2018 Biennial Budget.
Finance Director Ade Ariwoola noted the proposed budget and adjustments are as a result of the
budget deliberations on November 15, 2016. He also reviewed the funding of the nine (9) Police
Officer positions. The Officers will be hired when there are adequate revenues to support the
positions which are anticipated to be after July 2017. A total of 4 officers projected for 2017 and 5
additional officers in 2018.
Debt service will be increased $935K in 2017 for SCORE; and $934K in 2018. These adjustments will
be funded by SCORE excess revenue. Mr. Ariwoola reviewed the graph which breaks down each
fund including Special Revenue Funds; Capital Project Funds; Enterprise Funds; and Internal Service
Funds.
He noted the change in positions discussed in the 2016 Budget Amendment will carry over to the
2017 -2018 Budget and will be subject to any COLA increase.
In response to Councilmembers questions, Mayor Ferrell noted the position changes in his office
would not be subject to the COLA, as they just received increases.
The City Clerk read the ordinance title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE AS
AMENDED ESTABLISHING THE 2017 -2018 BIENNIAL BUDGET; COUNCILMEMBER KOPPANG
SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Federal Way City Council Regular Minutes Page I I of 13
December 6, 2016
Councilmember Maloney
Councilmember Honda
yes Councilmember Duclos yes
yes
e. Council Bill #712/2017 Property Tax Levy
AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the property tax
amount for the year 2017.
The City Clerk read the ordinance title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE RELATED
TO THE 2017 PROPERTY TAX LEVY; COUNCILMEMBER KOPPANG SECOND. The motion
passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
f. Council Bill #713/ Adoption of the 2016 King County Washington Surface Water
Design Manual and the City of Federal Way Addendum to the King County
Surface Water Design Manual
AN ORDINANCE of the City of Federal Way, Washington, relating to National Pollutant
Discharge Elimination System Phase II Permit Requirements; amending FWRC 16.20.010.
(Amending Ordinance Nos. 09 -630, 99 -352).
The City Clerk read the ordinance title into the record.
COUNCILMEMBER MALONEY MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
9. COUNCIL REPORTS
Councilmember Assefa- Dawson expressed appreciation to Councilmember Maloney for her
leadership and questions as well as to the IT Department for making it possible to participate in this
meeting remotely.
Councilmember Maloney indicated she had the chance to speak earlier in the evening thanked the
Mayor, Council, and staff for their work.
Councilmember Honda thanked Councilmember Maloney for her service to the community and
highlighted her strengths and accomplishments.
Councilmember Koppang shared that he looks forward to continuing to work with Councilmember
Maloney in whatever capacity the future brings. He also shared that he has made a full recovery and
appreciates the outpouring of support and concern.
Councilmember Moore expressed that he is in awe of the compassion and service provided by the
community and the city. He formally welcomed Mr. Weidenfeld to the city and is eager to work with
Federal Way City Council Regular Minutes Page 12 of 13
December 6, 2016
him on developing policies. He appreciates all he learned from Councilmember Maloney and feels he
is a better councilmember having learned from her.
Councilmember Duclos shared her appreciation for Councilmember Maloney and her provocative
questions which helped the Council think outside the box. She also shared that she is looking forward
to the Legislative Breakfast.
Councilmember Honda announced the Soroptimist Club of Federal Way is conducting a drive for
mittens, gloves, and socks which will be given to the Multi- Service Center and the school district
based on their requests.
Deputy Mayor Burbidge announced the next Lodging Tax Advisory Committee Meeting is scheduled
for December 14th at 8:00 a.m. She attended the Economic Development Council for King County as
well as a performance by the Federal Way Symphony. She also thanked Councilmember Maloney for
her dedication and work on the Council.
10. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 11:57
p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 13 of 13
December 6, 2016
CITY OF
t Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
December 14, 2016 — 5:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 5:05 p.m.
CRAFT
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: Acting City Attorney Mark Orthmann and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
3. EXECUTIVE SESSION
a. Potential Litigation Pursuant to RCW 42.30.110(1)(i)
At 5:05 p.m. Mayor Ferrell announced the Council would be recessing into Executive Session for the
purpose of discussing Potential Litigation pursuant to RCW 42.30.110(1)(i) for approximately one (1)
hour.
At 6:01 p.m. Mayor Ferrell announced the Council will extend Executive Session for approximately an
additional fifteen (15) minutes.
At 6:18 p.m. Acting City Attorney Mark Orthmann extended Executive Session for approximately an
additional fifteen (15) minutes.
Council returned to Chambers at 6:34 p.m.
At 6:38 p.m. Mayor Ferrell reconvened the meeting and led the flag salute.
4. ORDINANCES
First and Second Reading
COUNCILMEMBER DUCLOS MOVED TO SUSPEND COUNCIL RULE 2.2(8) TO ALLOW FOR
FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; COUNCILMEMBER
HONDA SECOND. The motion passed 5 -2; Burbidge and Koppang dissenting.
Federal Way City Council Special Minutes Page 1 of 2
December 14, 2016
Deputy Mayor Burbidge no Councilmember Koppang no
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
City Clerk Stephanie Courtney read the Ordinance Title into the record.
a. Council Bill #717 /Adoption of 6 -month Moratorium on the Corporate Park -1 (CP -1) and
Office Park -1 (OP -1) Zones
AN ORDINANCE of the City of Federal Way, Washington, imposing a six -month moratorium on the
expansion or creation of development or uses, including without limitation the City's acceptance,
processing and approval of land use and building permit applications, in the Corporate Park -1 and
Office Park -1 zones within the City, amending the Planning Commission Work Program, declaring
an emergency, providing for an immediate effective date, setting forth preliminary supportive
findings, and setting a date for a public hearing.
COUNCILMEMBER DUCLOS MOVED APPROVAL AND ADOPTION OF THE PROPOSED
ORDINANCE; COUNCILMEMBER HONDA SECOND.
Councilmember Maloney noted she would be recusing herself from the vote with a potential conflict of
interest.
The motion failed 4 -2 as follows:
Deputy Mayor Burbidge no Councilmember Koppang no
Councilmember Assefa- Dawson no Councilmember Moore no
Councilmember Maloney abstain Councilmember Duclos yes
Councilmember Honda yes
5. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:42 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 2 of 2
December 14, 2016
44h*N. Federal Way
CITY COUNCIL
SPECIAL MEETING SUMMARY
WITH 30TH DISTRICT STATE LEGISLATORS
Federal Way Community Center — Forest Lounge
December 15, 2016 - 8:00 a.m.
1. WECOME AND INTRODUCTIONS — MAYOR FERRELL
Mayor Ferrell called the meeting to order at 8:00 a.m.
City Elected Officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,
Councilmember Lydia Assefa- Dawson, Councilmember Susan Honda, Councilmember Mark
Koppang, and Councilmember Dini Duclos.
Invited Elected Officials in attendance: Senator Mark Miloscia, Representative -Elect Mike
Pellicciotti.
Councilmember Martin Moore arrived at 8:15 a.m.; Representative -Elect Kristine Reeves arrived
at 8:32 a.m.
City staff in attendance: Acting City Attorney Mark Orthmann, Acting City Attorney Ryan CaII,
Senior Advisor Steve McNey, Senior Policy Advisor Yarden Weidenfeld, Office Manager Kathy
Arndt, Finance Director Ade Ariwoola, Community Development Director Brian Davis, Public
Works Director Marwan Salloum, Performing Arts and Events Center Executive Director Theresa
Yvonne, Economic Development Director Tim Johnson, Parks Director John Hutton, Police Chief
Andy Hwang, IT Manager Thomas Fichtner, and City Clerk Stephanie Courtney.
2. LEGISLATOR'S GOALS
• Senator Mark Miloscia
• Representative -elect Kristine Reeves
• Representative -elect Mike Pellicciotti
Senator Miloscia and Representative -Elect Pellicciotti both thanked Council for the invitation and
hosting this meeting. They reviewed their goals for the upcoming session and the Committees
they will be serving on. They also encouraged the public to contact them with any issues they
have via email or a phone call.
3. DISCUSSION OF PRIORITIES FOR THE 2017 LEGISLATIVE SESSION
a. Public Safety /Law Enforcement
Staff support: Chief Andy Hwang; Senior Advisor Steve McNey, IT Manager Thomas Fitchner
Councilmember Koppang spoke in support of Public Safety as the number one priority for the
City. The City urges the Legislature to provide adequate and sustainable funding to maintain
Federal Way City Council Legislative Breakfast Summary Page 1 of
December 15, 2016
high - quality statewide training for law enforcement personnel. Federal Way is seeking capital
funding of $250K to add new and replace outdated or obsolete Safe City Cameras.
b Transportation Investment
Staff support.' Public Works Director Marwan Salloum, Senior Advisor Steve McNey
Councilmember Koppang noted the importance of the City Center Access Project which will
incorporate one of two alternatives for modifying current access at the interchange of 1 -5 and
320th Street. A Interchange Justification Report (IJR) and environmental documentation are
needed as the first steps to improve the arterials and traffic flow conditions resulting from the
failing safety and level of service at this interchange.
Deputy Mayor Burbidge also noted the city supports fully funding the Public Works Trust Fund in
order to keep up with the growing demand for infrastructure improvements, job creation, and
economic vitality and enhance quality of life.
The funding request includes completing the IRJ and start of Right -of -Way Acquisition.
c. Performing Arts & Event Center Funding
Staff support: PAEC Executive Director Theresa Yvonne
Councilmember Duclos noted the Performing Arts and Events Center is on -time and on- budget.
The city is seeking $1 million dollars in capital funds for a kitchen upgrade to be utilized by the
Native American Culinary Institute in partnership with the Muckleshoot Indian Tribe. This 716 seat
theater and conference center is scheduled to open in the Summer of 2017.
Mayor Ferrell, Deputy Mayor Burbidge and Councilmembers also noted their appreciation for the
past and continued support from the legislature on this project.
d. Community Development
Staff support: Community Development Director Brian Davis
Councilmember Assefa- Dawson spoke to encourage funding to combat the dire conditions of
persons without shelter. Funds would provide coordination of service providers for the city and
region; provide referral services; encampment cleanup; and other issues afflicting the under-
employed populations. Councilmember Honda also stated the city is seeking capital funds to
secure a center for homeless youth. She reiterated the gap in services available to youth in our
community and her desire to work with Auburn Youth Resources or a similar community program
to service this need.
e. University Initiative
Staff support: Senior Advisor Steve McNey
Deputy Mayor Burbidge thanked Councilmember Maloney for spearheading this initiative. She
noted the city recently completed a higher education needs assessment which shows a clear
need for higher educational opportunities in our community. Federal Way has been in
communications with University of Washington — Tacoma and Washington State University to
determine interest level in a downtown Federal Way campus.
Mayor Ferrell noted there has been a huge step forward on this initiative including a meeting and
a draft MOU with UW- Tacoma, Highline College, and the Federal Way School District.
Federal Way City Council Legislative Breakfast Summary Page 2 of 4
December 15, 2016
f. Adjustment of the Property Tax Cap
Deputy Mayor Burbidge noted property tax is the largest revenue source for cities and the current
levels are capped. This creates an ever - widening gap between the cost of providing public
services to a growing population and the revenue available to pay for them. Federal Way urges
the legislature to give local governments the option to replace the arbitrary annual 1% cap on
property tax with a growth limit whose maximum is inflation plus the rate of population growth.
The property tax should correspond to the actual costs of local governments to continue to
provide services and keep up with increasing demand.
g. Investment in Public Health Services
Councilmember Honda and Councilmember Duclos spoke to this subject noting Public Health has
been defined and there is a growing crisis in funding these needs. There is funding for the next
two years, however there needs to be ongoing funding and investment in core public health
services. Washington State Department of Health is requesting $54 million for local public health
jurisdictions to fill critical gap in services and Federal Way strongly urges the Legislature to fund
basic public health.
h. Education
Mayor Ferrell noted Dr. Campbell was unable to attend today's meeting; he thanked Ms. Liz
Drake for attending on her behalf.
Councilmember Honda and Councilmember Koppang noted the city in partnership with the
Federal Way School District is encouraging the State Legislature to continue to work towards the
constitutional requirements outlined in the McCleary ruling, by fulling funding the cost of basic
education and competitive compensation to attract the best and brightest teachers. Additionally,
Councilmembers urged the legislature to create a fair state tax structure to lessen property tax -
based public education inequities and address the Levy Cliff.
Councilmember Duclos would like to see the term "basic education" defined.
i. MRSC Funding
Councilmember Moore and Councilmember Honda both spoke to the importance of the Municipal
Research and Services Center for smaller jurisdictions and elected officials. Cutting funding for
MRSC has been discussed in years prior and Federal Way supports maintaining funding for this
vital support for local governments.
j. Public Records Reform
Councilmember Moore and Councilmember Koppang stated Federal Way supports updating the
Public Records Act so cities can continue to provide transparency however not be allowed to be
paralyzed by excessive over -broad requests which have gone beyond the spirit of transparent
and open government.
4. ADJOURNMENT
Mayor Ferrell invited Representative -Elect Kristine Reeves to speak to the group and report on
her priorities and Committees she will be serving on. Mayor Ferrell also had staff introduce
themselves.
Federal Way City Council Legislative Breakfast Summary Page 3 of 4
December 15, 2016
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:15
a.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Legislative Breakfast Summary Page 4 of 4
December 15, 2016
COUNCIL MEETING DATE: January 3, 2017 ITEM#: 5b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Steel Lake Park to Downtown Trail Project—85%Design Status Report&Authorization to Bid
POLICY QUESTION: Should the Council authorize staff to bid the Steel Lake Park to Downtown Trail Project and
return to the LUTC and Council for bid award, further reports and authorization?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5,2016
CATEGORY:
I 1 Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY:Christine J. Mullen, P.E. a ystems Project Engineer DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated December 5,2016
Options Considered:
1. Authorize staff to bid the Steel Lake Park to Downtown Trail Project and return to the LUTC and Council to
award the project to the lowest responsive,responsible bidder for further reports and authorization.
2. Do not authorize staff to bid this project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 3,2017 Council
Consent Agenda for approval.
MAYOR APPROVAL: 1/—;21_16, ://f--0,9. // TDIRECTOR APPROVAL: 131 ill/4
t ommittee Council
nitial Date
Init.. Pate Initial/Date
CHIEF OF STAFF: _ / 4/ ; _..4V s.LJ.tii
,o' ,'tte- Cou 1
'Initi./Date Ini>iiiDate
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 3, 2017 consent agenda for
approval.
/
/ L4 �� Ifi! '^
Kell aloney, Chair Al. Ly4 is Assefa-DI son, Member Mark Ko, ..'F,Member -
PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the Steel Lake Park to Downtown Trail 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#
A.
��r 1
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 5, 2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell,Mayor 7 /�ter_/_/6
FROM: Marwan Salloum, . ., Public Works Director
Christine Mullen, P.E., Street Systems Project Engineer '
SUBJECT: Steel Lake Park to Downtown Trail Project—85%Design tus Report & Authorization to
Bid
BACKGROUND:
This project provides an 8 ft. sidewalk on the south side of S312th Street from the entrance to Steel Lake Park
to 24th Ave S. (Approximately 700 feet); providing a planter strip separating the sidewalk and roadway,
illumination, and ADA ramps.
The following provides a brief synopsis of the progress on this project to date. Currently, the project design is
approximately 85%complete,which includes the following completed tasks:
• Project Design to 85%
• SEPA Application
• Contract Specifications
Ongoing Tasks Include:
• SEPA Approval
• Utility Coordination
Project Design to 100%
PROJECT ESTIMATED EXPENDITURES:
Design $93,000
2016 Construction Cost 752,000
10%Construction Contingency 75,000
Construction Management (in House) 0
TOTAL PROJECT COSTS $920,000
AVAILABLE FUNDING:
Connecting Washington Grant $300,000
Budgeted City Funds $513,000
TOTAL AVAILABLE BUDGET $813,000
PROJECT BUDGET SHORTFALL: $-107,000
After receiving bids, the total project costs will be refined and presented to the Committee and Council for bid
award authorization. Staff anticipates bidding this project in April 2017. Construction is anticipated to
commence in June 2017 with an estimated substantial completion date in November 2017.
COUNCIL MEETING DATE: January 3, 2017 ITEM#: 5c
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S 356th Street(Pacific Highway South to Enchanted Parkway)Improvement Project—Letter of
Understanding with Comcast
POLICY QUESTION: Should the Council approve S 356t1i Street(Pacific Highway South to Enchanted Parkway)
Improvement Project—Agreement for Joint Construction with Comcast?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5,2016
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY:Naveen Chandra, P.E., Street Systems Project Engineer EPT: Public Works
Attachments: 1. Land Use and Transportation Committee memorandum dated December 5,2016
2. Letter of Understanding with Comcast
Options Considered:
1. Authorize the Mayor to execute the Letter of Understanding between the City of Federal Way and
Comcast for the S 356th Street(Pacific Highway South to Enchanted Parkway) Improvement Project.
2. Do not authorize the Mayor to execute the Letter of Understanding between the City of Federal Way and
Comcast for the S 356th Street(Pacific Highway South to Enchanted Parkway) Improvement Project and
provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the Janu.A 3, 2017 City
Council Consent Agenda for approval.
MAYOR APPROVAL: , 1/ • DIRECTOR APPROVAL: tip tt 1'1tttc
0 v, ittee Counci �� In ial/Date
In la I/I.to Q Initial/Da-
CHIEF OF STAFF: w,1..��/L, 743 iL1J
Co fit e Cou�V
itial/Date Initi.date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 3, 2017 City Counsel Consent
Agenda for approval.
•
Ke1 Maloney, Chair r7 L •is Assefa-D. l .on, Member Mark K.ppang,Member'
PROPOSED COUNCIL MOTION: "I move approval of the S 356th Street (Pacific Highway South to Enchanted
Parkway)Improvement Project—Letter of Understanding with Comcast effective January 3, 2017 and authorize
the Mayor to sign said agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—1/2015 RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 5,2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell,Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Naveen Chandra,P.E., Street Systems Project Engineer
SUBJECT: S356th Street(Pacific Highway South to Enchanted Parkway) Improvement Project—Letter of
Understanding with Comcast
BACKGROUND:
This project would result in the construction of a continuous 5-lane urban arterial with bike lanes between
Pacific Highway South and Enchanted Parkway. The project will also include utility undergrounding, storm
drainage improvements, paving, curb and gutter, sidewalk, street lighting, traffic signal modification, signing,
channelization,and landscaping.
The City has required Comcast to relocate aerial facilities in to an underground duct and vault system. Comcast will
reimburse the City for having the City's contractor to install conduit and vaults supplied by Comcast as part of Joint
Utility Trench of the project. A separate bid schedule will be included in the project bid documents for the costs
associated with the Comcast part of Joint Utility Trench of the project.
Per the attached Letter of Understanding, Comcast will reimburse the City for all costs ($76,442.62) associated with
the Comcast part of the Joint Utility Trench for the project. The total estimated cost which Comcast will pay to the
City will be determined after bids are opened. The final cost will be based on actual quantities of work completed.
The attached Letter of Understanding shows the methodology used to calculate the costs to be billed to Comcast.
LETTER OF UNDERSTANDING
BETWEEN THE CITY OF FEDERAL WAY
AND
COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC.
FOR THE
SOUTH 356TH STREET IMPROVEMENTS
(PACIFIC HIGHWAY S TO ENCHANTED PARKWAY S)
THIS LETTER OF UNDERSTANDING (this "LOU") is made and entered into this day of
, 2016, by and between the City of Federal Way (hereinafter "City") and Comcast Cable
Communications Management, LLC. (hereinafter"Comcast"), collectively referred to herein as the"Parties."
WHEREAS, the City proposes to proceed with the South 356th Street Improvements Project (Pacific
Highway S to Enchanted Parkway S) (hereinafter"Project"); and
WHEREAS, Comcast provides fiber optic cable service in the general area of the Project in accordance
with Franchise Agreement, Ordinance Number 06-524 as amended per Ordinance numbers 09-620 and 16-
820, respectively and applicable Washington State, City of Federal Way laws and regulations; and
WHEREAS, in connection with the roadway improvements being undertaken by the City, Comcast will
be required to relocate certain aerial facilities such as cables and poles into an underground duct and vault
system within the Project area; and
WHEREAS, In accordance with the Federal Way — Comcast Cable Franchise Agreement, Ordinance
No. Number 06-524 as amended per Ordinance numbers 09-620 and 16-820, respectively, if the City charges
Comcast for use of a provided trench, Comcast shall participate in the joint trench portion of the project (the
"Joint Utility Trench Work") and pay the City a portion of the trench costs, including but not limited to, trench
bedding, backfill, and traffic control commensurate with Comcast's proportionate share of trench usage.
NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows:
PRECONSTRUCTION ESTIMATE.
Exhibit A is a good faith project cost estimate for Comcast's share of Joint Utility Trench Work
and for installation of conduit and vaults furnished by Comcast. Costs are based on an engineer's estimate
provided by the City's design consultant, KPG, Inc. Exhibit B is a good faith total project cost based on an
estimate of Comcast's share of project administrative costs.
South 356th Street Improvement Page 1 2016
II. BIDDING AND CONSTRUCTION.
A. It is the intention of the City and Comcast that Comcast plans and specifications shall be
incorporated into the Contract Bid Documents for the Project in such a manner as to allow, to the extent
possible, identification of cost allocations between the Parties. To ensure reasonable and balanced bids by
potential contractors within the bidding process, the City agrees to maintain Comcast duct and vault line items
as a separate schedule.
B. Following opening of construction bids on the Project, new Exhibits with actual accepted
bid prices will be added by mutual agreement of the parties based on the bid responses submitted for Comcast
Joint Utility Trench Work. The new Exhibits will be provided to Comcast for its review. Within twenty days of
receiving the bid prices, Comcast shall notify the City in writing that Comcast approves their portion of the bid
award plus administrative costs. Bid award shall be made to the lowest responsible bidder for the total Project
subject to applicable laws and regulations.
III. CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative, construction observation, and clerical
services necessary for the execution of the Project. In providing such services, the City Director of Public
Works and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or
her. Comcast grants to the City Director of Public Works and/or his or her designee authority to act on behalf of
Comcast sufficient to carry out the provisions of this Letter of Understanding.
B. Comcast shall notify the City, in writing, of any changes it wishes to make in the plans
and specifications which affect Comcast Joint Utility Trench Work, which changes shall be made, if feasible.
The City shall notify Comcast, in writing, of any changes required of the Joint Utility Trench Work and shall
obtain Comcast's approval of such changes. Comcast's approval shall not be unreasonably withheld. Comcast
shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes
required or requested by Comcast.
IV. PAYMENT.
A. Comcast shall reimburse the City for all costs incurred by the City in performing the Joint
Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Work performed by
the Project contractor(s), all Comcast requested changes, and Comcast's cost share of the City services
described in Paragraph III (A) herein.
B. All payments shall be due from Comcast to the City within forty-five (45)days after receipt
by Comcast of said sums billed to Comcast. Amounts unpaid after said due date shall accrue interest at a rate
of one(1) percent per month.
V. INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold Comcast, its officers, employees, and agents
harmless from any and all claims, demands, losses, actions, and liabilities(including costs and all attorney fees)
to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or
South 356th Street Improvement Page 2 2016
representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent
acts, errors or omissions of the City, its agents or employees, or by the City's breach of this LOU.
B. Comcast agrees to indemnify and hold the City, its elected officials, officers, employees,
and agents harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the
negligent acts, errors, or omissions of Comcast, its agents or employees, or by Comcast's breach of this LOU.
The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to
any event occurring prior to such expiration or termination.
VI. DURATION.
This LOU shall be in full force and effect from the date of signature by all Parties to the date the
City completes the Final Inspection upon completion of the Project and may be extended for additional periods
of time upon mutual written agreement of the City and Comcast. Adherence to deadline dates is essential to
the performance of this LOU.
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the roadway,
storm drainage system, sidewalks, landscaping, traffic signals, and all other appurtenances related thereto.
B. Comcast shall take ownership of duct and vault system following completion of the
construction and acceptance of duct and vault system. Comcast shall be responsible for maintenance of duct
and vault system after the transfer of ownership of the duct and vault system.
C. Comcast, at its own expense, will install cable in the new duct and vault system along
with pedestal etc., as required by Comcast. Comcast shall be required to obtain a Right-of-Way Permit to install
cable in the new duct and vault system and to wreck out its obsolete aerial facilities.
D. This LOU contains the entire written agreement of the Parties and supersedes all prior
discussion. This LOU may be amended only in writing, signed by both Parties.
E. Any provision of this LOU, which is declared invalid, void, or illegal shall in no way affect,
impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as
set forth herein, will be performed by the City under the terms of this LOU.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year
first above written.
South 356th Street Improvement Page 3 2016
CITY OF FEDERAL WAY COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC.
Jim Ferrell, Mayor
33325 8th Avenue South 410 Valley Ave NW Suite 12-Bld C
Federal Way,WA 98063-6325 Puyallup, WA 98371
(253)835-2401 (253)288-7538
APPROVED AS TO FORM:
Mark Orthmann, Acting City Attorney
ATTEST:
Stephanie Courtney, City Clerk
South 356th Street Improvement Page 4 2016
Exhibit "A"
Estimated Costs-Conduit,Vault, and Pedestals
South 356th Street Improvements
(Pacific Highway S to Enchanted Parkway S)
CONSTRUCTION CONTRACT-SCHEDULED(COMCA$T UNDERGROUNDINO)
No. Item Qty _ Unit Unit Cost Total
1 Install Conduit 2 In. 283 LF $3.00 $ 789
2 Install Conduit 4 In. 1 357 lF
3 Install Vault SGLB 2438 1 EA i $1000.00 $ 1,0000
4 Unexpected Site Changes 1 : 1 t EST i $2 500.00 i 2,500
10%Contingency+1- $ 972
TOTAL ESTIMATED CONSTRUCTION COST $ 10189
South 356th Street Improvement Page 5 2016
Exhibit "A"
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South 356th Smnmp_emm! ogee 2016
Exhibit "B"
Estimated Costs
South 356"' Street Improvements
(Pacific Highway S to Enchanted Parkway S)
ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION
MANAGEMENT COSTS FOR INCLUDING COMCAST JOINT UTILITY TRENCH(JUT) WORK
ESTIMATED DESIGN COSTS for JUT
Labor-KPG Inc $10,205.00
ESTIMATED CONSTRUCTION COSTS
Conduit and Vault-Schedule "C" Cost(Exhibit"A") $10,689.00
Share of Joint Utility Trench Estimated Costs (Exhibit"A") $39,389.00
Subtotal Construction $50,078.00
Construction Contingency(10% of Construction Cost) $5,007.80
Construction Management(15% of Construction Cost) $7,511.70
ESTIMATED TOTAL CONSTRUCTION COST $62,597.50
ESTIMATED PROJECT COSTS (Design and Project Cost) $72,802.50
Project Administration (5% of Project Cost) $3,640.12
TOTAL ESTIMATED COST $76,442.62
Note: The LOU will be amended upon receipt of the lowest responsible bid. Costs presented
are estimates only. Actual costs incurred will be used to calculate final cost of Comcast Joint
Utility Trench Work for reimbursement to the City.
K\STREETS\PROJECTS\S356(SR99 to SR161)\Utilities\Joint Utility Trench\Letter of Understanding-Review-83116.doc
South 356th Street Improvement Page 7 2016
COUNCIL MEETING DATE: January 3,2017 ITEM#: 5d
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION:Acceptance of Grant Funding for Transportation Improvement Projects—Authorization to
Accept Grant Funding
POLICY QUESTION: Should City Council authorize staff to accept Federal Grant Funding for Transportation
Improvement Projects?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 5, 2016
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business y ')_r� ® Resolution ❑ Other
STAFF REPORT BY: Desiree Winkle't' Y.E.Deputy Public works Director/Street DEPT: Public Works
Systems Manger
Attachments: Land Use and Transportation Committee memorandum dated December 5,2016
Resolution to accept Federal Grant Funding
Options Considered:
1. Approve the attached resolution to accept Federal Grant Funding for the following projects: 21st Ave S Sidewalks
Improvements—S 320th St to S 316th St,and the Adaptive Signal Control System;and accept Transportation
Improvement Board grant funding for the S 356th St—Pacific Hwy to Enchanted Parkway Project.
2. Do not approve the attached resolution to accept Federal Grant Funding and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to th January 3, 2017 Council
Consent Agenda for approval.
MAYOR APPROVAL: "7f /9 f/G; A.7.,-'---1// ,',DIRECTOR APPROVAL: t�,�g�
Co �ttee oun j./Z:,
itial/Date
Initial/Date nitial/Date
CHIEF OF STAFF: -14%w i ah ! is
'
Comm/e/ .. Council
Initiaill ate Initial/Dat
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 3, 2017 Council Consent Agenda for
approval./ •
L — l/ l '� i 1' /_�,ak- i A Via../
Kelly Maloney, Chair Ly',is Assefa-•: so , ember Mark iCpang, Mem••r
PROPOSED COUNCIL MOTION: "I move to approve th- attached resolution to accept Federal Grant Funding for
the following projects: 21s' Ave S Sidewalks Improvements — S 320th St to S 316'" St, and the Adaptive Signal Control
System; and accept Transportation Improvement Board grant funding for the S 356th St — Pacific Hwy to Enchanted
Parkway Project."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—02/06/2006 RESOLUTION#
k:\council\agdbills\20I7\01-02-17 acceptance of grant funding for transportation improvement projects.doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 5,2016
TO: City Council
VIA: Jim Ferrell, Mayor
FROM: Ma an Salloum,P.E.,Public Works Director
esiree Winkler,P.E.,Deputy Public Works Director/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
2016 under the PSRC STP/CMAQ Regional and Countywide Competition and/or Transportation
Improvement Board(TIB)Urban Arterial Program Funding.
Project(Funding Phase) Estimated Project Grant Fund Required City
Grant Cost Amount Match
21St Ave South sidewalks improvements—S 3201 Street to S 316th Street
(Construction phase)
PSRC Countywide Non-Motorized $900,000 $770,000 $130,000*
Set-Aside Program(Federal Funds)
Adaptive Signal Control System
(Design and Construction)
PSRC Countywide $1,000,000 $860,000 $140,000*
(Federal Funds)
S 356th Street Extension(Pacific Highway South to Enchanted Parkway)
(Construction phase)
(TIB)Urban Arterial Program Funding $5,347,500 $3,847,500 $1,500,000**
(State Funds)
Street Asphalt Overlay Program—23rd Ave S(S 312th to S 319th)
(Design and Construction)
PSRC Countywide Preservation $650,000 $0.00 $0.00
(Federal Funds)
Street Asphalt Overlay Program—S 312th Street(Pacific Highway South to 28th Ave S.)
(Design and Construction)
PSRC Countywide Preservation $900,000 $0.00 $0.00
(Federal Funds)
K:\LUTC\2016\12-05-2016 Acceptance of Grant Funding for Transportation Projects.doc
December 5,2016
Land Use and Transportation Committee
Grant Funding for Transportation Improvement Projects
Page 2
S 356th Street Extension(Pacific Highway South to Enchanted Parkway)
(Construction Phase)
PSRC Countywide $5,347,500 $0.00 $0.00
(Federal Funds)
Celebration Park—Steel Lake Park Pedestrian Connection
—S 312th St: Steel Lake Park—28th Ave S (Construction)
TIB Sidewalk Program $900,000 $0.00 $0.00
(State Funds)
* The required City match for this grant will be provided by transferring the required amount from other completed projects
and/or Unappropriated Transportation Fund to this project as approved in the 2017/2018 budget.
**
The required City match for this grant will be provided by transferring BEET funds to this project as approved in the
2017/2018 budget.
RESOLUTION NO.
A RESOLUTION of the City of Federal Way,Washington,authorizing
execution of a Local Agency Agreement with the Washington State
Department of Transportation regarding improvement to the Adaptive
Signal Control System and 21st Ave South (S. 316th Street to S. 320th
Street) Pedestrian Improvements Project in the City of Federal Way,
Washington.
WHEREAS, the City of Federal Way applied for Puget Sound Regional Council (PSRC)
Regional and Countywide funds from the Washington State Department of Transportation for the
purpose of design and construction phases of the Adaptive Signal Control System and 21St Ave
South(S. 316th Street to S. 320th Street) Pedestrian Improvements Project within the City; and
WHEREAS,the Washington State Department of Transportation agreed to grant the City of
Federal Way federal funds in the total amount of Eight Hundred Sixty Thousand and No/100 Dollars
($860,000.00) for the Adaptive Signal Control System Project and Seven Hundred and Seventy
Thousand and no/100 Dollars ($770,000.00) for 21St Ave South(S. 316th Street to S. 320th Street)
Pedestrian Improvements Project provided that the City Council authorizes the Mayor to enter into
the Local Agency Agreements; and
WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local
Agency Agreements;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Resolution No. 17- Page 1 of 3
Section 1. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to
accept and receive the state and federal funds estimated to be Eight Hundred Sixty Thousand and
no/100 Dollars ($860,000.00) for the Adaptive Signal Control System Project and Seven Hundred
and Seventy Thousand and no/100 Dollars($770,000.00) for 21st Ave South(S. 316th Street to S.
320th Street) Pedestrian Improvements Project.
Section 2. Execution of Acceptance of the Local Agency Agreement. The Mayor or his
designee is hereby authorized to execute the Local Agency Agreements regarding improvements to
the Adaptive Signal Control System Project and 21st Ave South (S. 316th Street to S. 320th Street)
Pedestrian Improvements Project in the city of Federal Way and any other required documents.
Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement,the City
is required to commit matching funds of approximately One Hundred Forty Thousand and No/100
Dollars($140,000.00)for the Adaptive Traffic Control System Project and One Hundred and Thirty
Thousand and No/100 Dollars($130,000.00) for 21st Ave South(S.316th Street to S.320th Street)
Pedestrian Improvements Project.
Section 4. Severability. If any section,sentence,clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Resolution No. 17- of 3 Page 2 o
S
Section 6. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of January, 2017.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 17- Page 3 of 3
COUNCIL MEETING DATE: January 3,2017 ITEM#: 5e
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:MEMORANDUM OF UNDERSTANDING WITH THE HISTORICAL SOCIETY OF FEDERAL WAY
POLICY QUESTION: Should the City enter into a Memorandum of Understanding with the Historical Society of
Federal Way for the purpose of allowing the Historical Society to make improvements to the Steel Lake Annex
house?
COMMITTEE: PRHSPS MEETING DATE: Dec. 13,2017
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: John Hutton,Parks Director DEPT: Parks
Attachments: Memorandum of Understanding
Options Considered:
1. Authorize staff to enter into a Memorandum of Understanding with the Historical Society of Federal
Way for the purpose of allowing the Historical Society to make improvements to the Steel Lake Annex
house.
2. Do not authorize staff to enter into a Memorandum of Understanding and provide with staff direction.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: j4 q al DIRECTOR APPROVAL: Cj 74 f
Com i ee o m Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Authorizing staff to enter into a Memorandum of
Understanding with the Historical Society of Federal Way to the January 3, 2017 consent agenda for approval.
Corn r ee Chair 4 Committe Z-m 9- Committee Member
PROPOSED COUNCIL MOTION: "I move approval of entering into a Memorandum of Understanding with the
Historical Society of Federal Way to allow the Historical Society to make improvements to the Steel Lake
Annex house "
(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#
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE HISTORICAL SOCIETY OF FEDERAL WAY
AND
THE CITY OF FEDERAL WAY,WASHINGTON
FOR
ELECTRICAL,PLUMBING AND INSULATION IMPROVEMENTS
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this day of
201_, by and between the undersigned representatives of the City of Federal Way, a Washington
municipal corporation ("City"), and The Historical Society of Federal Way, a Washington nonprofit
corporation("Society").
WHEREAS, the City and the Historical Society of Federal Way have had a lease agreement for the
Steel Lake Annex"House"Building in good standing for several years.
WHEREAS, the City is supportive of the Historical Society of Federal Way's desire to make
improvements to the electrical, plumbing and insulation to the building at their cost.
WHEREAS, this MOU will help the Historical Society of Federal Way secure grant funding to pay
for these improvements.
WHEREAS, these improvements will help ensure the building is in good repair and condition going
forward.
WHEREAS, all improvements made will be permitted with the community development department
and all work will be performed by licensed contractors and all City laws and codes will be followed
according to the lease agreement in place.
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which hereby are
acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as
follows:
1. Scope of Work for Improvements. The improvements to be undertaken by the Society under this
Agreement shall be limited to the following items of work:
a. Install new water supply piping with new material meeting current plumbing codes to
replace the existing galvanized steel piping system. The existing galvanized steel piping
system will be abandoned in place. The new piping will supply hot and cold water(with
new angle stops and supply lines) to the lavatory basin and toilet in each of the three
bathrooms, the sink in the kitchen, the laundry tub in the basement utility room, the
make-up water supply for the hot water furnace, the domestic hot water heater, and the
two exterior hose bibbs. The locations of these supply points are shown in the schematic
plans entitled "Plumbing Facilities"(one plan for each floor)that are attached hereto and
incorporated herein. Water supply to the neighboring "barn" structure will be
reconnected inside the subject "house" building. To the extent possible, existing
plumbing fixtures shall be reused, including lavatory basins, toilets, sinks, and faucets.
The water supply to the shower in the 2nd floor bathroom and to the clothes washing
machine facilities in the basement will be discontinued. The original plumbing drain
system (consisting of cast iron soil pipe and galvanized steel pipe) is excluded from this
1
scope of work. The low-pressure pipe network for the hot water heating system
(consisting of steel pipe)is excluded from this scope of work.
b. Install new wiring with new material meeting current electrical code to supply electrical
service to the lighting fixtures and convenience wall outlets throughout the building. The
locations of these service points are shown in the schematic plans entitled "Electrical
Lighting" (one plan for each floor) and `Electrical Outlets" (one plan for each floor)that
are attached hereto and incorporated herein. New electrical circuits will originate at the
electrical circuit-breaker panels that exist in the Robinson Room in the basement. The
electrical connection to the neighboring "barn" structure will be reconnected inside the
subject "house" building. To the extent practicable, new wire will be routed within
ceilings and walls; otherwise, new wire will be enclosed within races or conduit mounted
to the exposed surfaces of ceilings and walls. New wiring will not be installed for the hot
water furnace,the domestic hot water heater, or for the electrical kitchen range space. To
the extent possible, existing fluorescent and incandescent light fixtures will be reused.
Switches and duplex wall outlets and covers will be replaced and upgraded to current
standards.
c. Remove the existing contaminated insulation material in the attic space, decontaminate
the attic space, and install new material after the specified plumbing and electrical
improvements are completed within the attic space. Potential points of entry by rodents
into the attic space will be closed to the extent practicable. The new insulation material
will meet or exceed the insulation value of the existing material in the attic.
d. Repair openings, or "windows," that are cut into the ceilings and walls in order to route
new piping and wire within the affected ceilings and walls. The repairs will include
installation of sheetrock material, mudding and taping, and repainting as necessary.
2. Conditions. All alterations to the Scope of Work must be approved by the City in writing. All
alterations or improvements to the premises undertaken by the Society shall be constructed at the
Society's expense, and the Society agrees to bear full responsibility for insuring all construction on
the premises is undertaken and conducted in a safe and professional manner, and all alterations and
improvements shall be of high quality construction. The Society agrees it will not allow any liens to
attach to the premises as a result of any construction performed on the premises. The Society further
agrees to hold the City harmless from any and all claims, including costs, attorney's fees and
expenses arising in any way from any construction on the premises, unless specifically agreed to
otherwise in writing signed by the City prior to construction or addition of any alterations or
improvements to the premises. All alterations and improvements shall become property of the City
upon termination or expiration of the agreement.
3. City's Responsibility.The City will waive all permitting fees for these improvements.
4. Historical Society of Federal Way Responsibilities. The Society is solely responsible for obtaining
bids, hiring contractors and obtaining applicable City permits. The Society is responsible for costs
associated with any improvements.
5. Term. The term of this MOU shall commence upon the effective date written above and shall
continue until the completion of all obligations under this MOU.
6. Indemnification. The Historical Society of Federal Way shall indemnify and hold harmless the City
and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against
any and all liability, damages, and claims, (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act
2
or omission of the Society, its employees, agents, or contractors, which may arise out of this MOU.
The provisions of this section shall survive the expiration or termination of this MOU.
7. Insurance. The Society agrees to carry as a minimum the following insurance in such forms and
with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance with combined single limits of liability not less than
$2,000,000 for bodily injury including personal injury or death,products liability and property
damage; and
b. Automobile liability insurance coverage on all owned, non-owned, hired and leased vehicles with
a minimum combined single limits in the minimum amounts required to drive under Washington
State law per accident for bodily injury, including personal injury or death, and property damage.
The Society's maintenance of insurance as required by the MOU shall not be construed to limit the
liability of the Society to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Society's insurance and shall not contribute
with it.
The City shall be named as additional insured on all commercial general liability insurance policies.
Concurrent with the execution of this Agreement, the Society shall provide certificates of insurance
for all commercial general liability policies attached hereto as Exhibit "A" and incorporated by this
reference. At City's request, the Society shall furnish the City with copies of all insurance policies
and with evidence of payment of premiums or fees of such policies. If the Society's insurance
policies are "claims made," the Society shall be required to maintain tail coverage for a minimum
period of three(3)years from the date this MOU is actually terminated.
8. This MOU contains all of the agreements of the City and the Society with respect to any matter
covered or mentioned in this MOU.
IN WITNESS WHEREOF,the City and the Society have executed this Memorandum of Understanding
as of the day and year first written above by their duly authorized representatives.
3
CITY OF FEDERAL WAY: ATTEST:
By
John Hutton,Parks Director City Clerk, Stephanie Courtney, CMC
APPROVED AS TO FORM:
City Attorney
HISTORICAL SOCIETY OF FEDERAL WAY:
Diana Noble-Gulliford,President
1600 B SW Dash Pt. Road#125
Federal Way,WA 98023
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me Diana Noble-Gulliford, to me known to be the
President of the Historical Society of Federal Way 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 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
4
COUNCIL MEETING DATE: January 3,2017 ITEM#: 5f
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ARTS COMMISSION 2017 CONTRACT FOR SERVICES
POLICY QUESTION: Should the City Council approve the 2017 Arts Commission Contracts for Services
funding recommendations?
COMMITTEE: PRHSPS MEETING DATE: 1/3/17
CATEGORY:
Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY:........_Cody_Geddes, DEPT: PARKS
Attachments:
Supervlsor..............................................................................................................................................................................................................................................................
Attachments:
2017 Contract for Services Recommendation
Options Considered:
1. Approve the Arts Commission 2017 Contract for Services funding recommendations and forward to
the January 3, 2017 full City Council consent agenda for approval
2. Do not approve the Arts Commission 2017 Contract for Services, and provide direction to staff
MAYOR'S RECOMMENDATION: Mayor recommends option 1
MAYOR APPROVAL: 41151111r//-0Z- 16, f I_a/.a `DIRECTOR APPROVAL: id,dy
Committee Council Initial at
Initial/D Initial/Date
CHIEF OF STAFF: KiI �
Comm' a Counci
Initi ate Initial ate
COMMITTEE RECOMMENDATION: I move to forward the 2017 Arts Commission Contract for Services funding
recommendations to the January 3, 2017 consent agenda for approval.
covgittee Chair 4 Committee mber Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Arts Commission 2017 Contract for Services funding
recommendations."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
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COUNCIL MEETING DATE: January 3, 2017 ITEM#: 5
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: INTERLOCAL AGREEMENT WITH FEDERAL WAY PUBLIC SCHOOL DISTRICT#210
POLICY QUESTION: Should the City enter into an Interlocal Agreement with the Federal Way Public
School District to equally share the cost of installation and maintenance of a wire theft prevention system
at Saghalie, Sacajawea and Lakota Parks?
COMMITTEE: PRHSPS Committee MEETING DATE: December 13, 2016
CATEGORY:
N Consent ❑ Ordinance ❑ Public Hearing
Council Business Resolution Other
❑ City C ❑ ❑
STAFF REPORT BY: Stephen Ikerd,Deputy Park Director DEPT: Parks
Purpose: The installation and maintenance of an alarm system designed to warn of attempts to steal electrical wire
from joint use sport complexes located at Saghalie, Sacajawea and Lakota Parks.
Attachment: Interlocal Agreement
Options Considered:
1. Approve the attached Interlocal Agreement with the School District and authorize the Mayor to sign said
agreement.
2. Do not approve the Interlocal Agreement with the School District and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 3, 2017 City Council
Consent Agenda for approval.
MAYOR APPROVAL. /l'/Y 4 j --/L-1_ DIRECTOR APPROVAL:
C. mittee u it 16 Committee
CHIEF OF STAFF: a. ,y 1* 4 f/p
/ a.mmittee Counci/
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 3, 2017 City Council consent agenda
for approval.
J ' ...._ 0 lk J A./ 1.4 Commi ee :m.- Committee Member
PROPOSED COUNCIL MOTION: "I move approve the ' ached Interlocal Agreement with the Federal Way
� School District and authorize the Mayor to sign said agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND
FEDERAL WAY SCHOOL DISTRICT NO. 210 FOR THE INSTALLATION AND
MAINTENANCE OF ANTI-WIRE-THEFT MEASURES.
THIS AGREEMENT by and between the City of Federal Way, a municipal corporation
of the State of Washington, ("City") and the Federal Way School District No. 210 ("School
District" or "District") for the installation and maintenance of an alarm system designed to warn
of attempts to steal electrical wire from joint use sport complexes located at: Saghalie, Sacajawea
and Lakota Parks.
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34
of the Revised Code of Washington, provides for Interlocal cooperation between governmental
agencies; and
WHEREAS, the City and District agree that effective measures to lessen the detrimental
impacts of wire theft is a common goal; and
WHEREAS, the City and District has common interest and joint use of lighted sport
fields, tennis courts and running tracks associated with Saghalie, Sacajawea and Lakota Parks;
and
WHEREAS, the City and District have experienced significant loss of time and
resources from theft of wire from outdoor lighting structures; and
WHEREAS, the City has researched methods for loss control and has recommended
working with MacDonald-Miller Facility Solutions, Inc. a company that has designed a custom
early warning system to alert owners of attempts to steal electrical wire; and
WHEREAS, the City and District have meet with the design team of MacDonald—Miller
Facility Solutions, Inc. and agree their system is a cost effective preventative method to reduce
wire theft and potentially catch a perpetrator in the act; and
WHEREAS, MacDonald-Miller Facility Solutions, Inc. will provide a three-year labor,
material and equipment warranty on the CTPS systems at all 3 locations under a separate
contract with the City;
NOW, THEREFORE, the parties agree as follows:
1. PURPOSE: The installation and maintenance of an alarm system designed to warn of
attempts to steal electrical wire from joint use sport complexes located at Saghalie,
Sacajawea and Lakota Parks.
2. TERM: Unless cancelled by mutual agreement in writing between the parties, this
agreement shall remain in force for the term of the warranty, with successive three-year
renewals based on an anticipated fifteen-year life of the alarm system.
3. INSTALLATION:
A. MacDonald-Miller will provide and install a Copper Theft Prevention Systems
(CTPS) at Saghalie, Sacajawea and Lakota Parks. Installation will include startup and testing.
B. MacDonald—Miller Facility Solutions, Inc. will have remote access to all park
sites for 30 days for installation, testing and commissioning. Additional remote access time for
testing and commissioning will be provided with written communication by the City to both
MacDonald-Miller Facility Solutions, Inc. and Federal Way Public Schools.
C. The City and or District will work together to provide Ethernet connection for the
Lakota, Saghalie and Sacajawea sites for the purpose of monitoring the system and share
associated cost. Currently connections exist at Lakota, and the City will be working directly
with King County to establish connectivity at Sacajawea.
D. The City will provide 3 IP addresses, one for each park location.
E. The City and District will provide their own flat screen monitor at their own
command center to view graphics.
F. The City will take the lead to coordinate the installation of this infrastructure. The
City and District equally share cost for e uall shar t f r the initial MacDonald-Miller CTPS installation at
Saghalie, Sacajawea and Lakota parks for the estimated amount of$20,805 each.
g � Sacajawea p
Saghalie, Sacajawea, Lakota
Labor and materials priced per above description $36,000
Annual Maintenance Fee $2,100
Sub-total cost $38,000
WA State sales tax $3,610
Total initial contractor installation cost $41,610
Infrastructures cost in items C above TBD, estimated to be less than $1,000 for
Saghalie.
4. MAINTENANCE OF SYSTEM: The City and District will equally share annual
maintenance fees and any other non-routine service cost for the CTPS at Saghalie,
Sacajawea and Lakota parks. The annual total maintenance fee to start will be $2100 per
year or $1050 each. The District will be notified of any non-routine service prior to
incurring costs. Any future changes in the annual maintenance fee or need will be agreed
upon by both parties.
5. MARKETING AND ADVERTISING: The City and District recognize that MacDonald-
Miller Facility Solutions, Inc. may wish to market their product. The District requires
that prior approval of the District's names and logo's be obtained by MacDonald-Miller
Facility Solutions, Inc. and the City will ensure such a clause is within the contract
between the City and MacDonald-Miller Facility Solutions, Inc. The City and the
District agree to jointly collaborate on any press releases, or other associated media
regarding this joint endeavor.
6. FILING: Executed copies of this agreement shall be filed with the county auditor or
maintained on each Party's website as required by RCW 39.34.040.
7. HOLD-HARMLESS: Each Party agrees to protect, defend, indemnify, and hold harmless
the other Party, and its respective officers, officials, employees, and agents, from any and
all claims, demands suits, penalties, loses, damages, judgments, attorneys' fees, and/or
costs of any kind whatsoever, arising from, resulting from, or connected with this
Agreement to the extent caused solely by the negligent acts, errors or omissions of that
Party, its respective partners, shareholders, officers, employees, agents, and/or
subcontractors, or by the that Party's breach of the Agreement. The provisions of this
section shall survive the expiration or termination of this Agreement with respect to any
event occurring prior to such expiration or termination.
8. GENERAL PROVISIONS:
A. Entire Agreement. This Agreement contains all of the agreements of the Parties
with respect to any matter covered or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
B. Modification. No provision of this Agreement may be amended or added to
except by agreement in writing signed by the Parties or their respective successors in interest.
C. Full Force and Effect. Any provision of this Agreement which is declared
invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and
such other provisions shall remain in full force and effect.
IN WITNESS WHEREOF,the above and foregoing Interlocal has been executed by the parties hereto
and made effective on the day and year first above written:
CITY OF FEDERAL WAY: FEDERAL WAY SCHOOL DISTRICT NO. 210:
Jim Ferrell,Mayor Dr.Tammy Campbell, Superintendent
Approved as to Form and Content: Approved as to Form and Content:
City Attorney Chief Finance&Operations Officer
COUNCIL MEETING DATE: January 3,2017 ITEM#: 6a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROPOSED 2017-2019 COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTERS LOCAL
UNION No.763.
POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective
Bargaining Agreement with the Teamsters which has been ratified?
COMMITTEE: N/A MEETING DATE:N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: J. Ryan Call, Interim City Attorney me DEPT: Law
y
Attachments: Proposed 2017—2019 Collective Bargaining Agreement with the Teamsters Local Union No.763.
The City and the Union began negotiations in May of 2016 for a successor Agreement. The current contract expired
December 31,2016. The attached proposed Agreement is a culmination of negotiations and has been ratified by the
Union.
The City's bargaining team recommends that Council approve the proposed 2017-2019 Agreement and authorize the
Mayor to execute the document.
Options Considered:
1. Approve the proposed Agreement and authorize the Mayor to execute the necessary documents.
2. Reject the proposed Agreement and direct the City to continue negotiations with the Union.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: N/A C la/019/)d/,7 ` Initial/Date Committee
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION:N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the 2017-2019 Collective Bargaining Agreement with
Teamsters Local Union No. 763 and to authorize the Mayor to execute the contract. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
RESOLUTION#
AGREEMENT
by and between
CITY OF FEDERAL WAY, WASHINGTON
and
PUBLIC, PROFESSIONAL &OFFICE-CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Public Works and Parks Department Maintenance Employees)
January 01, 2017 through December 31, 2019
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 2
ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 4
ARTICLE III HOURS OF WORK 5
ARTICLE IV OVERTIME AND SPECIAL PAY 6
ARTICLE V WAGES 7
ARTICLE VI HOLIDAYS 8
ARTICLE VII VACATIONS 9
ARTICLE VIII LEAVES 9
ARTICLE IX HEALTH AND WELFARE BENEFITS 11
ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING 12
ARTICLE XI DISCIPLINE 13
ARTICLE XII GRIEVANCE PROCEDURE 13
ARTICLE XIII MISCELLANEOUS 14
ARTICLE XIV MANAGEMENT RIGHTS 16
ARTICLE XV SAVINGS CLAUSE 16
ARTICLE XVI DURATION 17
APPENDIX"A" CLASSIFICATIONS AND RATES OF PAY 18
AGREEMENT
by and between
CITY OF FEDERAL WAY, WASHINGTON
and
PUBLIC, PROFESSIONAL &OFFICE-CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Public Works and Parks Maintenance Department Employees)
January 01, 2017 through December 31, 2019
THIS AGREEMENT is by and between the CITY OF FEDERAL WAY,WASHINGTON, hereinafter referred
to as the City,and PUBLIC, PROFESSIONAL&OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL
UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the
Union.
ARTICLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION
1.1 Recognition-The City recognizes the Union as the sole and exclusive collective bargaining
representative for all full-time and regular part-time maintenance and operations
employees within the Public Works and Parks Departments of the City of Federal Way,
excluding seasonal/temporary employees working less than one-sixth time (347 hours) of
a regular, full time employee, supervisors and confidential employees.
1.1.1 For the purposes of this Agreement, a"seasonal"or"temporary"employee
shall be defined
as an individual employed for less than twelve hundred (1200) hours in a twelve (12)
consecutive month period. In the event an individual employed as a seasonal/temporary
employee is employed one-sixth time of a regular, full time employee (347 hours) in a
twelve (12) consecutive month period, the employee shall become a member of this
bargaining unit, and will be entitled to the Seasonal/Temporary rate of pay as outlined in
Appendix "A" but will only have those benefits specifically outlined in Section 1.1.2 until
reaching twelve hundred(1200) hours of employment. In the event an individual employed
as a seasonal/temporary employee is employed for more than twelve hundred(1200)hours
in a twelve(12)consecutive month period, the employee shall be covered by this collective
bargaining agreement as if he/she were a regular employee.
1.1.2 Bargaining unit seasonal/temporary employees who have worked more than one-sixth time
of a regular, full time employee (347 hours), but fewer than twelve hundred (1200) hours
in a twelve (12) consecutive month period, will be covered by the following ARTICLES,
Sections and APPENDIXES:
ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5
All Sections 2.2 Sections 3.4 Section 4.1 All Sections
Sections and 2.5 and 3.5
ARTICLE 10 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15
Sections 10.1 All Sections* All Sections All Sections All Sections
and 10.4
ARTICLE 16 APPENDIX "A"
All Sections Section A.4
*The scope of grievances filed by seasonal/temporary employees are limited to Section
10.1 and the hourly rates of pay for Seasonal/Temps as outlined in Section A.4 of Appendix
A.
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City of Federal Way
Public Works and Parks Maintenance Employees
1.2 Union Membership - It shall be a condition of employment that each current employee
covered by this Agreement shall within thirty (30) days of the signature date of this
Agreement become and remain a member of the Union or pay an amount equivalent to the
regular Union initiation fee and monthly dues to the United Way unless another
organization is agreed to by the Union and the City. It shall also be a condition of
employment that each employee covered by this Agreement and hired on or after the
signature date of this Agreement shall, within thirty (30) days of the beginning of such
employment, become and remain a member of the Union or pay an amount equivalent to
the regular Union initiation fee and monthly dues to the United Way or other organization
agreed to by the Union and the City.
1.2.1 In the event an employee who is not a member of the Union requests the Union to use the
grievance procedure on the employee's behalf, the Union may charge the employee for
the reasonable costs of processing the grievance, provided the Union notifies the employee
of such costs in advance.
1.3 Payroll Deduction - Upon written authorization of an employee, the City shall deduct from
the pay of such employee the monthly dues and initiation fees as certified by the Union
and shall transmit the same to the Secretary-Treasurer of the Union monthly. The City
shall deduct from the pay of an employee who elects not to join the Union the fees in-lieu
of the Union initiation fee and monthly dues and shall remit the same to the agreed upon
charity monthly. The Union shall defend the City and hold the City harmless against any
claims brought against the City by an employee arising out of the City making a good-faith
effort to comply with this Section.
1.4 Union Notification -Within seven (7)days from the date of hire of a new employee (or the
next pay period after a seasonal crosses the 347-hour threshold), the City shall forward to
the Union the name, address and telephone number of the new employee. The City shall
promptly notify the Union of all employees leaving its employment.
1.5 Bulletin Boards - The City shall provide suitable space for a bulletin board at the
maintenance by facility. Postings b the Union on the bulletin board shall be confined to
9
official business of the Union; provided such notices shall not be derogatory of the
Employer, its elected officials or other personnel.
1.6 Shop Steward — The Union may appoint an accredited shop steward for the bargaining
unit. The shop steward shall be a regular employee. The function of the shop steward
shall be to meet with the Employer concerning matters vital to the employees in the
bargaining unit; provided, however, the shop steward's role shall not interfere with the
normal functioning of the Employer. Prior permission from the employee's supervisor shall
be obtained whenever a shop steward's activities during regular work hours are involved.
The accredited shop steward shall be the only one to take up with the Employer any alleged
violation of this Agreement that reaches Step 2 of the grievance procedure. The Union
shall be the only party with the authority to appeal any grievance to Step 3 of the grievance
procedure.
1.7 Union Officer Leave—An employee elected or appointed to a Union office may, upon timely
application and approval thereof by the City, be given leave of absence up to sixty-four
(64) hours per year to attend Union conferences or Union workshops. The leave shall be
without pay and without loss of seniority. The City reserves the right to deny the request
depending upon the season, staffing levels, and/or the adverse impact on the operations.
3
2017-2019
City of Federal Way
Public Works and Parks Maintenance Employees
ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES
2.1 Probation Period-A new employee shall be subject to a twelve(12)month probation period
commencing with his most recent first date of hire in a bargaining unit position. During this
period, such employee shall be considered as being employed on a trial basis, subject to
immediate dismissal at any time at the sole discretion of the City. Discharge of an
employee during his probation period shall not be subject to the grievance procedure.
2.2 Seniority - An employee's seniority shall be defined as that period of compensated work
for the City from the employee's most recent first day of compensated work within a position
now covered by the bargaining unit. Any time of uncompensated leave in excess of thirty-
one (31) calendar days shall be deducted from the employee's seniority.
2.2.1 An employee's seniority shall be broken so that no prior period of employment shall be
counted and his/her seniority shall cease upon:
Discharge for cause as defined in Article XI;
Voluntary quit;
Leaving the bargaining unit to accept a position with the City outside of the
bargaining unit;
Failure of the employee to notify the City of his/her willingness to return to
work upon recall from an indefinite layoff within ten (10) calendar days
after mailing of written notice from the City to his/her last known address
appearing on the City's records;
Layoff exceeding twenty-four(24) months; and/or
A Leave of absence exceeding six (6) months. •
2.2.2 Each calendar year, upon the request of the Union, the City shall provide the Union with a
seniority list showing the name of each employee within the bargaining unit, his/her present
classification and his/her first date of compensated work within the bargaining unit.
2.3 Layoff- In case of a layoff, employees shall be retained on the basis of job performance
and length of continuous service. When job performance is relatively equal, the employee
with the shortest length of continuous service shall be laid off first. Relative job performance
shall be determined on the basis of qualifications, recent job performance evaluations and
current job evaluations. Qualifications shall be determined by the knowledge, abilities and
skills required for the affected position, as stated in the classification descriptions, and the
employee's ability to perform the remaining work without further training.
2.4 Recall - In the case of recall, those employees laid off last shall be recalled first. An
employee on layoff shall keep both the City and the Union informed of the address and
telephone number where he can be contacted. When the City is unable to contact an
employee who is on layoff for recall, the Union shall be so notified. If neither the Union nor
the City are able to contact the employee within seven (7)calendar days from the time the
Union is notified, the City's obligation to recall the employee shall cease.
2.4.1 The City shall have no obligation to recall an employee after he/she has been on
continuous layoff for a period of twenty-four(24) months. Should an employee not return
to work when recalled, the City shall have no further obligation to recall him/her.
4
2017-2019
City of Federal Way
Public Works and Parks Maintenance Employees
2.5 Job Vacancies-Opportunities for promotion shall be posted on the work site bulletin board
for not less than seven (7) calendar days, during which time employees who have
completed their probation period may apply. Posted job opportunities shall contain an
adequate description of the job duties and the rate of pay. It is the intent of the parties to
provide qualified employees with opportunities for promotion; provided however, the City
shall determine who the best qualified person is for the job.
ARTICLE III HOURS OF WORK
3.1 Hours of Work-The City acknowledges the Union's desire to minimize weekend work for
long-term employees, and therefore will implement the following work schedule as a pilot
program. Both parties reserve the right to reopen this section during the term of this
agreement. The normal workweek for Public Works and Parks Department employees
shall consist of five (5) consecutive days of either (8) consecutive hours excluding meal
periods, 7:00 A.M. to 3:30 P.M. or four(4)consecutive days of ten (10)consecutive hours;
provided, however, from March 1 through October 31, workweeks may include Saturday
and/or Sunday. Saturday and Sunday work will be assigned by shift-bidding by department
seniority. Before shift-bidding is used to determine weekend shift assignments, the City will
make a reasonable effort to use seasonal employees to cover weekend shifts if qualified
and capable seasonal employees are available. In order to incentivize seasonal coverage
of weekends, seasonal employees working weekend shifts will be compensated with an
additional one dollar ($1,00) per hour over their normal hourly rate for hours worked on
Saturday or Sunday. The City retains discretion to exclude specific positions from bidding
on weekend shift work or to create positions that are permanently scheduled for weekend
work. Examples of positions that are likely to be excluded from bidding on weekend work
or may have permanent weekend schedules include facilities, Town Square park,
Community Center and PAEC. The parties agree to meet to discuss other shift options
should either party wish to propose a change to be adopted by mutual agreement.
3.1.1 Notwithstanding the foregoing, changes in starting times and/or days of the week for each
employee may be made by the City based upon seasonal demands for service, reasonable
operating needs of the City and natural consequences, including without limitation fires,
earthquakes, storms and floods.
3.2 Flex Time - By mutual agreement between the employee and the City, an employee may
be assigned a schedule other than as set forth within Section 3.1.
3.3 Shift Change-Each employee shall be assigned to a regular shift starting time which shall
not normally be changed without at least forty-eight (48) hours notice. In the event an
employee's regular shift starting time is changed with less than forty-eight(48)hours notice,
he/she shall be paid an additional one dollar and seventy-five cents($1.75) per hour for all
hours worked outside of his/her previous work schedule, exclusive of overtime and only
during the remainder of the employee's scheduled work week.
3.4 Rest Periods - Employees shall receive a rest period of fifteen (15) minutes on the City's
time for each four (4) hours of working time. Rest periods shall be scheduled as near as
possible to the midpoint of each four(4) hour work period. No employee shall be required
to work more than three (3) hours without a rest period. By mutual agreement between
the employee and the City,the rest periods may be taken at a time other than stated above.
3.5 Meal Periods- Employees shall receive a meal period of thirty (30) minutes which shall be
on the employee's own time and which shall commence no less than three (3) nor more
than five (5) hours from the beginning of the shift. By mutual agreement between the
employee and the City, the meal period may be taken at a time other than stated above.
Employees who work more than three (3) hours longer than their normal workday may, at
the option of the employee, receive an additional unpaid meal period before or during their
overtime.
5
2017-2019
City of Federal Way
Public Works and Parks Maintenance Employees
ARTICLE IV OVERTIME AND SPECIAL PAY
4.1 Overtime-"Overtime" is defined as authorized hours worked in excess of forty(40) hours
in an employee's seven-day work week or eight(8)hours per day, unless an alternate work
schedule has been established by the City for a particular work unit or individual. "Hours
worked"for purposes of determining overtime pay shall include holidays, vacation and sick
leave used for scheduled doctor and/or dental appointments, but shall not include any other
time compensated but not worked. The standard "work week"consists of the period from
midnight Saturday to 11:59 P.M. the following Saturday.
4.1.1 Overtime Rotation —A list of regular employees will be maintained for the Parks crew and
a separate list will be maintained for the Public Works crews. When overtime is available,
employees will be contacted and offered overtime in order beginning with the next
employee on the applicable list following the employee who worked the last overtime
opportunity until an employee is available to work the overtime. This rotation will continue
for all overtime not related to shift completion or assigned special projects.
4.1.2 Mandatory Overtime-Should no employee accept overtime when it is offered pursuant to
Section 4.1.1, then the employer will assign the overtime from the least senior to most
senior employee. Seniority shall be determined based on length of time with the City. In
no event shall an employee with less than six (6) months experience be assigned to
mandatory overtime. Mandatory overtime shall not affect the overtime rotation in Section
4.1.1.
4.2 Compensatory Time-An employee may request compensatory time off in lieu of overtime
payment, subject to approval and scheduling by the City. Compensatory time shall be
taken at the rate of one and one-half(1-1/2)times the actual time worked. Employees shall
be encouraged to use compensatory time accrued within ninety (90) days of earning it,
whenever possible. In no event may compensatory time be accrued in excess of eighty
(80) hours (i.e. 53.33 hours x 1.5 = 80 hours).
4.3 Callout-An employee who has left work and is called out to work after completion of his/her
regular shift shall be paid a minimum of three (3) hours at one and one-half(1-1/2) times
his/her regular straight-time hourly rate of pay. However, if the employee is called out less
than two (2) hours from the time he/she is scheduled to start his/her regular shift, he/she
shall receive one and one-half(1-1/2)times his/her regular straight-time hourly rate of pay
only for such time as occurs before his/her regular starting time. All call-out time worked
outside of the employee's regular work hours shall be paid at the rate of one and one-half
(1-1/2) times the employee's regular straight time rate of pay. In the event the City grants
a minimum callout greater than three(3)hours to another bargaining unit of City employees
or the majority of other City employees, the Union shall have the right to reopen
negotiations on the issue of minimum callout.
4.4 Standby - Except as otherwise provided herein, the current City policy regarding Standby
Duty shall remain in effect. Standby duty may include week nights and weekends or other
non-regular work hours. Standby hours will begin when an employee leaves work and end
when the employee returns to work—except standby pay will not be paid Monday through
Friday during the employee's normal work hours, including flex days or scheduled overtime
work. Employees who are assigned Standby Duty shall receive three dollars and 00/100
($3.00) per hour for each hour of Standby Duty. Employees on Standby Duty shall not
consume alcohol or controlled substances. Whether or not Standby Duty is eliminated,
modified or expanded shall remain at the sole discretion of the City. During emergency
events, standby pay shall not be paid between shifts. An employee on Standby Duty who
is called out shall receive the applicable Callout rate in addition to Standby Duty pay.
6
2017-2019
City of Federal Way
Public Works and Parks Maintenance Employees
4.5 Temporary Assignment Pay - When an employee is temporarily assigned to assume
substantial responsibilities as a substitute for an absent bargaining unit employee in a
higher classification, the employee shall receive five percent (5%) above his regular rate
of pay or Step A of the higher class (whichever is greater) for hours worked in such
temporary assignment. No temporary assignment pay shall be paid for a period of time
less than five (5) working days. The added compensation shall cease when the
assignment ends.
4.5.1 Temporary assignment pay for assignments in which a bargaining unit employee works as
a substitute in the absence of an employee working in a non-bargaining unit position shall
be administered and compensated pursuant to applicable City policy. Any such
assignment in excess of ten (10) consecutive working days shall be by mutual agreement
between the employee and the City.
4.5.2 Unless otherwise provided herein, assignment of employees to temporary assignments in
or out of the bargaining unit and the duration of such assignments shall remain at the sole
discretion of the City.
4.6 Emergency Meal Reimbursement- Emergency crews, with authorization of the City, may
eat off the clock at area establishments specified by the Purchasing Manager. Such
establishments shall directly bill the City.
4.7 Non-Emergency Travel - Employees shall be reimbursed for reasonable costs of vehicle
operation, meals and lodging for travel and such related expenses away from the City in
accordance with City policy.
4.8 Non-Pyramiding- Premium or overtime pay shall not be duplicated or pyramided. Unless
required by the Fair Labor Standards Act(FLSA), premium or overtime pay shall be based
on the employee's regular straight-time rate of pay. Compensation shall not be paid more
than once for the same hours under any provision of this Article or Agreement.
Compensation received by any employee for reasons other than work actually performed
at the employee's City job assignment, including but not limited to sick leave, vacation
leave, holiday leave, funeral leave, compensatory time, civil and military leave shall not be
pyramided one with another nor added to compensation for actual work performed during
an employee's work schedule.
4.9 Emergency Shift—In the event that the City wishes to change the twelve-hour shifts in the
event of a weather emergency, the schedule will be 11:30 p.m. to noon and 11:30 a.m. to
midnight.
ARTICLE V WAGES
5.1 The classifications of work and monthly rates of pay for employees covered by this
Agreement shall be set forth within Appendix"A"to this Agreement which by this reference
shall be incorporated herein as if set forth in full. Should it become necessary to establish
a new job classification within the bargaining unit during the term of this Agreement, the
City may designate a job classification title and salary for the classification. The salary for
any new classification in the bargaining unit shall be subject to negotiations at such time
as the salaries for the subsequent contract are negotiated, or six (6) months after the
classification is established, whichever is earlier.
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ARTICLE VI HOLIDAYS
6.1 Employees shall receive the following holidays off with compensation at their regular
straight-time hourly rate of pay:
New Year's Day January 1st
Martin Luther King, Jr.'s Birthday 3rd Monday of January
President's Day 3rd Monday of February
Memorial Day Last Monday of May
Independence Day July 4th
Labor Day 1st Monday of September
Veteran's Day November 11th
Thanksgiving Day 4th Thursday of November
Day Following Thanksgiving Day
Christmas Day December 25th
6.1.1 Holidays shall be observed on those dates set by State law. Any holiday falling on Sunday
shall be observed on the following Monday. Any holiday falling on Saturday shall be
observed on the preceding Friday.
6.1.2 Holidays in addition to those set forth within this Article granted to another bargaining unit
of City employees or the majority of other City employees shall be provided to the
bargaining unit.
6.2 If a holiday occurs while an employee is on vacation or sick leave, the holiday shall be
utilized rather than charged against the employee's accrued vacation or sick leave.
6.3 Regular employees employed as of January 1st and new regular employees starting
employment between January 1st and June 30th of each year will accrue eight (8) hours
as a Floating Holiday, and regular employees employed as of July 1st of each year will
accrue an additional eight (8) hours as a second Floating Holiday and new regular
employees starting between July 1st and December 31st will accrue eight (8) hours as a
Floating Holiday. The floating holidays must be used during the calendar year. No unpaid
floating holiday will be paid out upon termination of employment.
6.4 Employees scheduled to work on a holiday shall receive his/her regular holiday
compensation plus time and one-half for actual time worked as long he/she doesn't take
another day off in exchange for that day and hasn't used any sick or other compensated
time off (excluding vacation time) during that week, as provided in Section 4.1. If an
employee elects to take another day off in exchange for the holiday, the employee shall
schedule such time off with the approval of his supervisor and shall be paid his regular
straight time rate in lieu of being paid the additional time and one half for hours worked on
the holiday.
6.5 In the event the observation of a holiday falls on an employee's regular day off, the
employee shall be granted another day off with pay, which date shall be by mutual
agreement between the employee and the supervisor.
6.6 All full-time employees shall receive eight(8) hours of pay per holiday. Those employees
whose work schedule consists of other than an eight (8) hour work day may use accrued
vacation leave or compensatory time to supplement the holiday pay in order to receive the
entire workday off with pay. In lieu of using accrued leave for such purpose, the employee
may request to work additional hours in the same scheduled workweek, which hours shall
be mutually agreed upon in advance between the employee and the employee's
supervisor.
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ARTICLE VII VACATIONS
7.1 Full-time employees shall accrue vacation leave at the following rate:
Initial hire through the fifth (5th) Eight(8) hours per month
complete year of continuous employment
After five (5) full years of continuous Eleven (11) hours per month
employment
After ten (10) full years of continuous Twelve and %(12.5) hours per month
employment
After fifteen (15) full years of continuous Fifteen (15) hours per month
employment
After twenty (20) full years of continuous Seventeen (17) hours per month
employment
After twenty five (25) full years of Eighteen (18) hours per month
continuous employment
7.2 Vacation leave may be used as soon as it is accrued. Vacations shall be scheduled at
such times as the City finds most suitable after considering the wishes of the employee
and the requirements of the department.
7.3 An employee may not carry over to each subsequent calendar year more than two hundred
forty(240) hours of vacation.
7.4 Upon the effective date of the termination of an employee's employment, such employee
shall thereupon be entitled to a sum of money equal to the employee's current straight-time
hourly rate for any accrued unused vacation leave time up to a maximum of 240 hours,
which shall be paid on the employee's final paycheck.
7.5 Service Leave — Regular employees in positions not eligible for Sabbatical Leave per
Employee Guideline 8.12 will be provided a one-time accrual of 40 hours (pro-rated for
regular part-time employees) of vacation leave after each consecutive 10 year period of
continuous employment(ie: after 10 years, 20 years, 30 years, etc.).
ARTICLE VIII LEAVES
8.1 Sick Leave - Full-time employees shall accumulate sick leave pay at the rate of eight (8)
hours per month of service to a maximum of seven hundred twenty (720) hours.
Accumulated sick leave pay shall be paid at the employee's regular straight-time hourly
rate of pay from and including the employee's first(1st)working day absent.
8.1.1 Sick leave benefits may be used for bona fide cases of sickness, accidents, doctor and
dental appointments of the employee, and to care for a dependent child (including step or
foster) under the age of eighteen (18) who has a health condition that requires treatment
or supervision, a spouse, domestic partner, parent, parent-in-law, or grandparent of the
employee who has a serious health condition as more particularly described in WAC 296-
130.
8.1.2 Up to two hundred forty (240) hours of accrued sick leave may be used to care for the
healthy newborn within twelve (12) months of the birth, adoption, or placement for foster
care. This leave runs concurrent with applicable Federal and State family leave law
available to the employee and does not extend available leave beyond that required by
law. Approval of the schedule for using this leave is at the sole discretion of the City.
8.1.3 If an employee exhausts his/her accrued sick leave, the employee has the option to use
accrued vacation leave or compensatory time.
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8.1.4 If the job related injury or illness requires the employee to be absent from work, the
employee will be paid his/her regular pay for up to thirty (30)work days. The employee is
"kept on salary" and is not required to use accrued leave and will not be eligible for State
industrial insurance time loss payments. After thirty (30) "kept on salary" days, if the
employee is not able to return to work, he/she will then be eligible for State industrial
insurance time loss payments according to a set formula based on marital status and
number of dependants. The City will continue to pay its portion of the health insurance
premiums while the employee is"kept on salary."
8.1.5 Sick Leave Incentive — Any non-exempt employee who has an accumulated sick leave
balance of at least one hundred (100) hours on December 31st of each year and has used
twenty-four (24) or fewer hours of sick leave during the calendar year will be eligible to
receive twenty-four (24) hours of additional vacation accrual the following year. A non-
exempt employee whose only use of sick leave was a donation of accrued sick leave as
provided under the City's guidelines for shared leave is eligible to receive the sick leave
incentive.
8.2 Bereavement Leave -An employee who has a member of his immediate family taken by
death shall receive at the employee's option up to thirty (30) regularly scheduled hours off
with pay as bereavement leave. Upon approval by the Employer an additional fifty (50)
regularly scheduled hours of sick leave may be used by the employee.
8.2.1 "Immediate family" shall be defined as wife, husband, domestic partner, daughter, son,
mother, father, sister, brother, aunt, uncle, mother-in-law, father-in-law, sister-in-law,
brother-in-law, grandmother, grandfather, grandchildren, and equivalent step relations.
8.2.2 With Employer approval, an employee may use up to eight(8) hours of sick leave to attend
the funeral of a close friend or relative other than those set forth within Section 8.2.1.
8.2.3 Based on unusual circumstances, the Employer may construe more broadly the definition
of immediate family to other persons living within the employee's household, or others
related to the employee by blood or marriage, or to established relationship having
attributes to familial ties.
8.3 Jury Leave - The City acknowledges that its employees have obligations as citizens to
serve on juries and jury panels, and to appear in court as subpoenaed witnesses.
Employees will be provided up to sixty (60) regularly scheduled hours leave with pay per
summons to participate as jurors or subpoenaed witnesses, unless appearing as a witness,
plaintiff, or defendant against the City in legal action. Compensation received by the
employee, with the exception of mileage reimbursements, shall be reimbursed to the City
to the end that the employee shall not receive more total compensation in the form of
regular pay and compensation for jury duty than the employee would normally receive as
wages from the City. The City shall have the right, at the City's expense and after
consulting with the employee, to request the court to excuse the employee from any or all
jury duty if there are circumstances that would make the absence of the employee an undue
hardship on the City or other personnel.
8.3.1 If an employee has sufficient time to work one-half(1/2)day or more after being dismissed
from jury duty or while waiting to be impaneled, he shall report to work that day.
8.4 Leave of Absence- Leaves of absence shall be at the discretion of the City. If approved by
the City, an employee may take a leave of absence without pay or benefits. A leave of
thirty one(31)days or less shall not constitute a break in service. No seniority shall accrue
during a leave of absence that exceeds thirty-one (31) calendar days; provided however,
seniority shall continue to accrue during Family Medical Leave under Section 8.7. Upon
expiration of a leave of thirty one (31) days or less, the employee shall be returned to his
previously held job position.
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8.5 Temporary Disability Leave - Employees who are physically unable to perform the
functions of their position for medical reasons other than on the job injuries and who have
exhausted all accrued sick leave may, at the discretion of the City, be placed on temporary
disability leave. A written request for a temporary disability leave must be submitted to the
department director, along with a doctor's certification indicating the nature of the medical
problem and the anticipated length of absence. The City may request written verification
from a licensed medical doctor that the employee is physically disabled and verification of
the extent of such disability and the projected date for return to work. Temporary disability
leave shall only be granted for the period of disability and shall not exceed six(6) months.
The Employer shall continue health insurance coverage for the employee only under
COBRA during such leave, which shall be without pay. Upon the expiration of the
temporary disability leave, the employee may request a leave of absence.
8.6 Shared Leave - Employees shall be eligible for shared leave in accordance with current
City policy.
8.7 Family and Medical Leave - For the purposes of determining the twelve (12) week leave
period provided by the Family and Medical Leave Act of 1993, such period shall run
concurrent with the employee's accrued paid leave benefits. The amount of leave available
for use is based on a rolling twelve (12) month period.
8.7.1 Washington Family Care — Employees may use sick leave for family care purposes in
accordance with state law and the City's Employee Guidelines.
8.8 Military Leave - Employees shall be granted leave for official military duty in accordance
with applicable state and federal law.
ARTICLE IX HEALTH AND WELFARE BENEFITS
9.1 Medical Insurance — The City shall pay each month one hundred percent (100%) of the
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premium necessary to purchase employee coverage and ninety percent (90%) of the
premiums necessary for the purchase of dependent coverage(excluding spouses/partners
who are eligible for other coverage through their place of employment) under Group Health
PPO or Group Health HMO insurance plans as selected by the employee. The City will
reimburse actual expenses incurred in order to cover the annual deductible payments for
"out-of-network"services under the PPO Plan ($100 individual, max$300 family). The City
will provide a Plan A and Plan B for both the PPO and HMO Plan.
The City will offer two tiers of co-pays for health insurance depending on participation in
the City's Wellness Program. Employees and covered spouses/partners will be on the
lower co-pay plan (Plan A)if they earn 1000 points(complete required Biometric Screening
and Health Screening Questionnaire and earn 500 additional points) by October 31 of the
previous year. Refusal to participate in the Wellness Program or failure to meet the
wellness requirement will result in coverage under Plan B with a higher co-pay amount, but
shall not otherwise impact the status of the employee at the City.
The City may add an option for a High Deductible plan.
9.1.1 The Union will work with the City to ensure that the City is not required to pay any excise
tax under the Affordable Care Act.
9.2 Dental Insurance - The City shall pay each month one hundred percent (100%) of the
premium necessary for the purchase of employee and dependent coverage under the
Association of Washington Cities Dental Service Plan F.
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9.3 Vision Insurance - The City shall pay each month one hundred percent (100%) of the
premium necessary for the purchase of employee and dependent coverage under the
Association of Washington Cities Western Vision Service Plan.
9.4 Life Insurance-There shall be no reduction in the life, long-term disability, and accidental
death and dismemberment insurance benefits currently available to employees and their
dependents.
9.5 Modifications — Benefit changes made by the insurer or the AWC Benefits Trust Board
outside the control of the City shall not be prohibited.
9.6 Teamsters Pension-The bargaining unit shall have the right to divert a portion of any wage
increases provided by this Agreement to the Western Conference of Teamsters Pension
Trust at such time and in such amounts as may be determined by the bargaining unit.
9.7 Federal Way Community Center Membership — Union members will be eligible to
participate in the Federal Way Community Center's employee discount program as outlined
in the Employee Guidelines.
ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING
10.1 Equipment - The City shall provide each regular employee any safety equipment or
protective clothing required as a condition of employment; including rain gear and steel-
toed rubber boots. The City will provide seasonal employees with access to rain gear,
rubber boots and any safety required equipment.
10.2 Uniforms-The City shall continue to provide a standard issue of uniforms for employees.
An employee may request an alternate combination of the uniform in order to best fit their
needs related to the job assignment; provided however, that such combination shall not
result in greater costs to the City than the standard issue. Following the initial uniform
issue, the replacement of uniform items shall be based on need and any replacement
requests must be authorized by the employee's supervisor. For the purposes of this
Section, the standard uniform issue shall consist of:
One (1)jacket
Five (5) shirts
Five (5)work pants
Two (2) sweatshirts
One (1)coverall
10.3 Safety Boots - The City will provide one (1) pair of steel-toes boots up to two hundred
twenty-five dollars ($225) per year or four hundred fifty dollars ($450) over a two-year
period. The City will use the same purchase system as used in Section 10.2 above.
10.4 Training - The City shall compensate employees to attend Employer required training
necessary for maintenance of mandatory job related certifications unless the employee
fails to recertify, in which case time spent retesting shall be on the employee's own time
and at no cost to the City. Employees required to attend such training shall be paid at the
employee's regular straight-time hourly rate of pay unless otherwise required by the Fair
Labor Standards Act. The City shall reimburse costs reasonably related to such training.
Reimbursement for travel and other related expenses shall be in accordance with City
policy.
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ARTICLE XI DISCIPLINE
11.1 The City shall not discipline or discharge any post-probationary employee without just
cause. Disciplinary action shall be progressive in nature; provided however, prior
disciplinary actions shall not be required when the cause of suspension or discharge is
theft, intoxication, disregard of public or employee safety, insubordination or acts of parallel
magnitude. The nature and severity of the discipline shall be determined on an individual
basis according to the particular circumstances. Disciplinary actions shall be administered
in a timely fashion. A copy of any written notice of disciplinary action, except for notations
of verbal warnings located in supervisor files per Section 11.2, shall be sent to the Union
at the time it is issued to the employee.
notice, if an employee has no
11.1.1 Following a documented verbal or a written disciplinary ,
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further incidents for three (3) years, those previously documented verbal warnings and/or
written disciplinary notices will not be considered in future disciplinary matters.
11.2 Various disciplinary actions available may include, but are not limited to, the following:
verbal warning (notation will be placed in the employee's supervisor file), written warning,
suspension without pay, and discharge. Unless otherwise agreed, any disciplinary actions
shall remain in the employee's personnel file and given appropriate weight in subsequent
personnel actions.
11.3 Discipline shall continue to be administered in accordance with Section 11.3 of the City's
Employee Guidelines as they presently exist or are hereafter amended. In the event of a
conflict between the Employee Guidelines and the provisions of the Article, the provisions
of this Article shall prevail.
11.4 When an employee is required by the City to attend an interview conducted by the City for
purposes of investigating an incident which may lead to the loss of pay or position of that
employee, the City shall advise the employee that he has the right to be accompanied at
the investigatory interview by a representative of the Union. It is recognized that the
employee may not insist that a particular Union representative be present. The foregoing
provisions shall not apply to such run-of-the-mill conversations as, for example, the giving
of instructions, training, employee evaluations or needed correction of work techniques;
nor shall they apply to meetings at which discipline is simply administered.
11.5 The Union shall have the right to appeal any disciplinary action through the grievance
p rocedure to determine whether the employee was properly disciplined; provided however,
that appeal of any discipline to Step 3 of the grievance procedure shall be limited to
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disciplinary actions by the City that result in loss of pay (i.e. suspension) or position (i.e.
discharge)of an employee. Other forms of discipline may be appealed through Step 1 and
2 of the grievance procedure and the decision of the Mayor shall be final.
11.6 Except in cases of discharge, if the grievance procedure in Article XII will be used, the
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Union shall request in writing that the discipline not be administered unless and/or until it
is sustained following completion of the grievance procedure.
ARTICLE XII GRIEVANCE PROCEDURE
12.1 A grievance shall be defined as a dispute pertaining to the proper application and
interpretation of any and all of the provisions of this Agreement. The sole and exclusive
method of processing grievances shall be by utilizing the following procedure:
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12.1.1 STEP 1 - A grievance shall first be presented to the employee's immediate supervisor
within fourteen (14)calendar days of its occurrence, or the date the employee should have
reasonably known of its occurrence (but in no event more than 60 days), or it shall not be
subject to the grievance procedure. Upon receiving the grievance, the Supervisor shall
meet with the employee within fourteen (14)calendar days and shall attempt to resolve the
grievance within fourteen (14) calendar days of said meeting, with a copy to the Union. In
the case where the Union wishes to notify the City of a grievance on behalf of an employee,
said notification will be done in writing.
12.1.2 STEP 2 - If the grievance is not resolved at STEP 1, the grievance, in writing, may be
presented to the Department Director by the Union. The written grievance shall be
submitted to the City within fourteen (14) calendar days of the Union's receipt of the STEP
1 response. The written grievance shall include a statement of the issue, the Section of
the Agreement allegedly violated and the remedy sought. The Department Director shall
thereupon schedule a meeting with the Union Representative for purposes of attempting
to resolve the grievance. The Department Director shall issue a written response to the
grievance within fourteen (14) calendar days after the grievance meeting.
12.1.3 STEP 3 - If the grievance is not resolved at STEP 2, the grievance may be advanced to
the Mayor or designee within fourteen(14)calendar days of the Union's receipt of the STEP
2 response. The Mayor or designee shall thereupon schedule a meeting with the Union
Representative for purposes of attempting to resolve the grievance. The Mayor or
designee shall issue a written response to the grievance within fourteen(14)calendar days
after the grievance meeting.
12.1.4 STEP 4 - If the grievance is not resolved at STEP 3, the Union may refer the matter to a
third (3rd) neutral party who shall serve as an impartial arbitrator. The notice to arbitrate
shall first be made to the Mayor or designee within fourteen (14) calendar days of the
Union's receipt of the STEP 3 response. As soon as possible thereafter, the parties shall
request a list of names from the Washington State Public Employment Relations
Commission (PERC) Dispute Resolution Panel and shall meet to select the arbitrator by
alternately striking names from the list of PERC arbitrators until only one(1)name remains.
The remaining names shall serve as the impartial arbitrator who shall conduct a hearing
and issue a decision which shall be final and binding upon all parties to the dispute.
12.2 If any of the arbitrators are not available, a replacement shall be selected by mutual
agreement of the parties.
12.3 The arbitrator shall have no power to change, alter, detract from or add to the provisions
of this Agreement, but shall have the power only to apply and interpret the provisions of
this Agreement in reaching a decision.
12.4 Each party shall bear the expense of presenting its own case. The expense of the arbitrator
shall be borne equally by the City and the Union.
12.5 The timelines contained within each step of the Grievance Procedure may be
waived/extended by agreement between the Employer and the Union.
ARTICLE XIII MISCELLANEOUS
13.1 Gender-Wherever words denoting a specific gender are used in this Agreement, they are
intended and shall be construed so as to apply to either gender.
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13.2 Benefits for Regular Part-Time Employees - Except as otherwise provided in this
Agreement, regular part-time employees shall receive holidays, vacation, leaves, and
health and welfare benefits on a pro rata basis in the same percentage as the employee's
regularly scheduled hours relate to a forty (40) hour week. For example, if a regular part-
time employee normally works twenty (20) hours per week, the employee shall receive
20/40ths, or fifty percent(50%), of the benefits received by a full-time employee.
13.3 Labor-Management Conference Committee-The City and the Union shall establish a Joint
Labor-Management Conference Committee which shall be comprised of participants from
both the City and the Union. The function of the Committee shall be to meet periodically
to discuss issues of general interest and/or concern, as opposed to individual complaints,
for the purpose of establishing a harmonious working relationship between the employees,
the City and the Union. It is not the purpose of the Committee to reopen collective
bargaining negotiations or to change the terms of this Agreement. Either the City or the
Union may request a meeting of the Committee. The party requesting the meeting shall
do so in writing listing the issues they wish to discuss.
13.3.1 In the event a contracting out decision by the City is expected to result in the layoff of
bargaining unit member(s), the Union may address the issue(s) in advance in Labor-
Management Conference Committee pursuant to Article 13.3.
13.4 Entire Agreement - The Agreement expressed herein in writing constitutes the entire
agreement between the parties and no oral statement shall add to or supersede any of its
provisions. Anything not covered by this Agreement shall not be construed as part of this
Agreement.
13.5 Continuation of Work -The Union and its members, as individuals or as a group, will not
initiate, cause, permit, or participate in any strike, work stoppage, slowdown, or join in any
strike, work stoppage, slow down, or any other restriction of work. Employees in the
bargaining unit, while acting in the course of their employment, shall not honor any picket
line established by any other labor organization when called upon to cross such picket line
in the line of duty provided, however, that the City will not require employees to cross a
picket line when notified by the employees of circumstances which a reasonable person
would perceive as a clear, imminent threat of violence to the employees. Disciplinary
action, up to and including discharge, may be taken by the City against any employee or
employees engaged in a violation of this Article.
13.5.1 In the event of a strike, work stoppage, slowdown, observance of a picket line, or other
restriction of work in any form, either on the basis of individual choice or collective
employee conduct, the Union will immediately upon notification attempt to secure an
immediate and orderly return to work of employees under the Union's jurisdiction.
13.5.2 Failure of an employee to return to work within twenty-four(24)hours of notice by the Union
or Employer that such failure to comply is in violation of this Article shall forfeit their right to
protest discipline or discharge through the grievance procedure.
13.6.1 Drug and Alcohol Testing - The parties have agreed to implement the Department of
transportation requirements for CDL drug and alcohol testing and the City of Federal Way
Drug and Alcohol Testing Policy and Procedure. The agreement of the parties shall be
made part of this Agreement and incorporated herein.
13.7 Union Business. The City shall afford a reasonable amount of time for union meetings on
City property during breaks or lunch periods. The City reserves the right to refuse to allow
the meeting on City property when it determines that the meeting will interfere with City
operations. The union representative and/or employees shall give the supervisor as much
advance notice as reasonably possible.
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13.8 Domestic Partner — A person whom a City employee identifies as his or her domestic
partner by completing an Affidavit of Domestic Partnership will be provided the same
consideration as an employee's"spouse"and spouse's family member for purposes of this
Agreement.
ARTICLE XIV MANAGEMENT RIGHTS
14.1 Except as otherwise expressly provided in this Agreement, the City has the right to
determine how to provide municipal services, including without limitation, the right to
contract out or assign bargaining unit work to non-bargaining unit personnel and to non-
City employees; to contract out for goods and services (the City recognizes the intrinsic
value of employing regular full-time staff); to determine and modify hours of work and work
schedules; to schedule vacation leave and other absences from work; to hire, layoff,
promote, demote, train and transfer employees; to determine and modify job designs,
duties and qualifications of job.classifications;to assign work and make use of the valuable
contributory service of volunteers; to manage and direct employees; to establish and
enforce reasonable rules and regulations and standards of performance, attendance and
conduct; to discipline and discharge employees; to determine the size and composition of
the workforce; to determine the methods, location, means and processes by which work
shall be accomplished; to determine and modify the services to be rendered; to evaluate
employees; to schedule overtime work as required and most advantageous to the City; to
determine safety, health and property protection measures for the City; to select and use
equipment and supplies; to require medical/physical examinations as necessary to ensure
that employees are medically qualified to perform the essential functions of the job;to build,
move or modify its facilities; to take whatever actions are necessary in the event of an
emergency; and to perform all other functions not expressly limited by this Agreement.
Employee Guidelines-The City of Federal Way Policies (e.g. Employee Guidelines) shall
apply to members of this bargaining unit. However, in the event of a conflict between a
provision of this Agreement and any guideline, regulation, ordinance and/or rule of the City,
the provision of this Agreement shall control. It is also expressly understood that the
grievance procedures in this Agreement completely replace(and are not in addition to)any
process set forth in such Federal Way Policies and completely replace any appeal process
of any other City Board, Department, Commission or Agency of the City, and further that
employees covered in this Agreement shall not have recourse to any such set of
procedures. In addition, the parties agree that the City has the sole right to amend, modify,
adopt or change any policies(that are not mandatory subjects of bargaining), including the
Employee Guidelines, without first negotiating such change with the Union.
ARTICLE XV SAVINGS CLAUSE
15.1 Should any provision of this Agreement be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance or enforcement or any provision should be
retained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement shall not be held invalid and shall remain in full force and effect. The City
and the Union shall enter into immediate collective bargaining negotiations upon the
request of either party for the purpose of arriving at a mutually satisfactory replacement for
such provision during the period of invalidity or restraint.
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ARTICLE XVI DURATION
16.1 Except for those provisions that state otherwise, this Agreement shall be effective January
01, 2017, and shall remain in full force and effect through December 31, 2019.
PUBLIC, PROFESSIONAL &OFFICE-CLERICAL CITY OF FEDERAL WAY, WASHINGTON
EMPLOYEES AND DRIVERS LOCAL UNION
NO. 763, affiliated with the International
Brotherhood of Teamsters
By By
Scott A. Sullivan, Secretary-Treasurer Jim Ferrell, Mayor
Date Date
APPROVED AS TO FORM:
J. Ryan Call, Interim City Attorney
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APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF FEDERAL WAY, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Public Works and Park Department Maintenance Employees)
January 01, 2017 through December 31, 2019
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF FEDERAL WAY,
WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL
EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of
Teamsters, hereinafter referred to as the Union.
A.1 Effective July 1, 2016, the classifications of work and rates of pay for each classification covered
by this Agreement shall be as follows:
CLASSIFICATION MONTHLY RATES OF PAY
Range/Title A B C D E F
14 Custodian 3081 3219 3365 3516 3674 3901
21 MW1 3896 4073 4254 4445 4647 4887
26 MW2 4303 4496 4699 4910 5129 5449
26 Aquatic Facility 4303 4496 4699 4910 5129 5449
Operator
A.1.1 Effective January 1, 2017, the 2016 rates of pay shall be increased by one and a half percent
(1.5%).
A.1.2 Effective January 1, 2018, the December 31, 2017 rates of pay shall be increased by one percent
(1%). Effective July 1, 2018, the June 30, 2018 rates of pay shall be increased by one percent
(1%).
A.1.3 Effective January 1, 2019, the December 31, 2018 rates of pay shall be increased by one percent
(1%). Effective July 1, 2019, the June 30, 2019 rates of pay shall be increased by one percent
(1%).
A.2 In any year covered by this contract, if the non-represented employees of the City receive an
across-the-board increase in wages that exceeds the increases listed in A.1.1 through A.1.3 of this
agreement, the Union employee wages will increase by the same percentage rate as the non-
represented employees.
A.3 In any year covered by this contract, if the City implements a City-wide comparable wage study
("comp study") that will cover those employees that are not represented by a bargaining unit, the
City agrees to include the members of the Union in the study and include the Union's members in
any across-the-board pay increase implemented in response to a comp study.
A.4 Effective January 1, 2015, the rates of pay for Seasonal/Temporary Employees covered by this
Agreement shall be as follows:
At hire Year 1* Year 2 Year 3 Year 4 Year 5
$12.65 $13.91 $15.17 $16.44 $17.70 $18.97
*from original date of hire or August 1, 2014, whichever is later.
18
2017-2019
City of Federal Way
Public Works and Parks Maintenance Employees
The City agrees to give Seasonal workers with acceptable performance from the previous year the
first right of refusal for new seasonal positions within the same division available the following year.
Offers will be made according to greatest hours previously worked (within the division) and
performance. After working an initial 347 hours in any division or department covered by this CBA,
seasonals become bargaining unit members and remain members upon the first hour of
subsequent reemployment, regardless of the division or department (so long as covered by this
CBA) in which the seasonal is reemployed.
PUBLIC, PROFESSIONAL &OFFICE-CLERICAL CITY OF FEDERAL WAY, WASHINGTON
EMPLOYEES AND DRIVERS LOCAL UNION
NO. 763, affiliated with the International
Brotherhood of Teamsters
By By
Scott A. Sullivan, Secretary-Treasurer Jim Ferrell, Mayor
Date Date
APPROVED AS TO FORM:
J. Ryan Call, Interim City Attorney
19
2017-2019
City of Federal Way
Public Works and Parks Maintenance Employees
COUNCIL MEETING DATE: January 3,2017 ITEM#: 6b
............................................................................................................................................................................................... ...................................................................................................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:EXTEND THE SHORT-TERM APPOINTMENT OF THE INTERIM CITY ATTORNEY'S
POLICY QUESTION: Should the City Council extend the Mayor's short-term appointment of Assistant City
Attorney's Ryan Call and Mark Orthmann as the City's Interim City Attorney's?
COMMITTEE: N/A MEETING DATE:N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jean Stanley DEPT: Human Resources
Attachments: See Attached
Options Considered:
1. Extend the short-term appointment of Assistant City Attorney's Ryan Call and Mark Orthmann
as the Interim City Attorney's.
2. Do not extend the short-term appointment of Assistant City Attorney's Ryan Call and Mark
Orthmann as the Interim City Attorney's.
MAYOR'S RECOMMENDATION: Confirm the extension of the short-term appointment of Assistant City
Attorney's Ryan Call and Mark Orthmann as the Interim City Attorney's through June 30,2017 or upon
the date a City Attorney is hired,whichever comes first.
MAYOR APPROVAL: N/A /�a�j,/�, DIRECTOR APPROVAL:
Committee C mcd ate
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION:N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the extension of the short-term appointment of City
Attorney's Ryan Call and Mark Orthmann as the City's Interim City Attorney's through June 30, 2017 or upon
the date a City Attorney is hired, whichever comes first. "
(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 �r�
Federal Way
MEMORANDUM
DATE: January 3, 2017
TO: City Council Members
FROM: Jean Stanley, HR Manager
VIA: Mayor Jim Ferrell
SUBJECT: Extension of Interim City Attorney Appointments
In August 2016, the City contracted with Prothman Company, an executive recruitment
company,to advertise and seek a new City Attorney.
The recruitment has been difficult due to the small competitive market; after several months of
outreach, we were unable to attract qualified candidates. We met with Prothman to determine
the next steps. We reviewed the position profile, and requested they conduct a salary review
of the market which indicated our salary was below the market. Due to the upcoming holidays,
which are always a difficult time to recruit, it was decided to place the position on hold and
begin the outreach in January 2017.
Pursuant to City of Federal Way Revised Code 2.08.030 "The Mayor shall have the ability to
make interim appointments for up to six months without Council confirmation." Therefore, if
more than six months is required for an interim appointment, authorization of the City Council
is required for such an extension.
Assistant City Attorney Ryan Call and Assistant City Attorney Mark Orthmann were appointed as
the Interim City Attorney on July 7, 2016 exhausting the six months on January 7, 2017. The
Mayor is requesting Council authorize an extension of their appointment through June 30, 2017
or upon the date a City Attorney is hired, whichever comes first.
COUNCIL MEETING DATE: January 3,2017 ITEM#: 6c
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:AUTHORIZE MAYOR TO ACCEPT GRANT WITH THE PORT OF SEATTLE
POLICY QUESTION: Should the City Council authorize the Mayor to accept the grant
COMMITTEE: NA MEETING DATE: I�I
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Tim Johnson,director DEPT: Economic Development
Attachments:
Staff Report
Draft contract
Options Considered:
1. Authorize Mayor to accept grant
2. Do not authorize Mayor to accept grant
MAYOR'S RECOMMENDATION: Approve the grant acceptance and execute the contract
MAYOR APPROVAL: NA 01/03/17 DIRECTOR APPROVAL: 12/23/16
Committe-// Council Initial/Date
Initial/Date t" Initial/Date
COMMITTEE RECOMMENDATION: NIA
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the grant with a total compensation of$65,000 and
authorize the Mayor to sign said agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED-1/2015 RESOLUTION#
1
CITY STAFF REPORT
DATE: December 21 2016
TO: Mayor and C. Council
FROM: Tim Johnson, irector, Economic Development
SUBJECT: Grant from the ort of Seattle for Economic Development
BACKGROUND
The Port of Seattle's Commission has created a new grant program to support partnerships with King
County cities. The program entitled "Economic Development Partnership Program," provides all of the
cities in King County funding to support economic development projects in their communities.
It is not a competitive grant process. Approximately $1 million will be invested in these partnerships to
create middle class jobs,generate local economic impacts and promote region wide prosperity.
GRANT ELIGIBILITY
I following:
The eligible activities available for the grant include the
• Business Recruitment Initiatives
• Small Business Development(incubators/accelerator projects)
• Industry Retention
• Tourism Development
• Downtown Revitalization
• Commercial or Industrial Property Development
• Other projects that help achieve the Port of Seattle's Century Agenda
The intent is to advance the Port's "Century Agenda" the next 100 years that specifically calls for the
addition of 100,000 jobs comprising a total of 300,000 port-related jobs in the region while reducing
their environmental footprint.
NOTE:The grants cannot be used for capital improvements and the benchmarks must illustrate the requirements of the grant as identified
above.
DISCUSSION
GRANT AMOUNT
The City of Federal Way is one of six communities in King County that can receive the maximum amount
of $65,000. The grant is based upon a per capita basis. There are six communities with 65,000 in
2
population that could receive the maximum amount. The Port is requiring a 50 percent grant match,
either in kind or cash.
GRANT REQUIREMENTS
The City needs to provide a 50 percent match either in kind or cash. The City will use the in kind
contribution of the salary of the director of Economic Development
GRANT TIMELINE
The Grant timeline is through May 31, 2017
GRANT PURPOSE
Looking at the requirements of creating jobs and generating local economic impacts as required by the
grant, the City's international trade initiative as identified in our Economic Development Strategy fulfills
the Port's Century Agenda. The following outlines the purpose:
• Develop and implement print and digital marketing campaign targeted at site selectors,
developers and commercial property professionals to attract 10-20 new businesses to the city.
• Execute a business recruitment program to identify prospects and make contact with key
company executives. Expand the business retention effort to contact 25 local businesses and
provide business assistance tailored to the business needs.
The project is entitled Federal Way: Hub of International Infrastructure. It will incorporate our current
activities to recruit companies, (specifically those on the shore side of international trade) along with
academic and research institutes, nonprofit entities and governmental agencies associated with
international trade, hence creating the "Hub of International Infrastructure," in the Puget Sound if not
the Pacific Northwest.
The project will focus on the identification,contact and recruitment of the following:
• Ground-based transportation and handling of shipped materials;
• Services that support shipping industry such as legal, insurance, management and personnel
services;
• Education and training to support maritime industry
• Environmental and coastal protection; and
• A Center for foreign along with federal and state agencies involved in maritime operations that
benefit the region's citizens and businesses
Examples of the categories of companies will include custom house brokers, freight forwarders,
importers and exporters, offices for steamship companies and cruise lines. Additional examples include
international commercial law firms, global financing, geomarketing, trade credit insurers and
international trade consultants. Federal Way has the steamship line formerly known as Totem Ocean
Trailer Express, now,TOTE Maritime Alaska.
Examples of the categories of academic and research institutes, non-profit organizations and trade
associations will include global environment and trade institutes, competitiveness councils, publishers of
international trade publications and journals. Federal Way is home to the non-profit,World Vision.
3
Examples of the categories of governmental agencies will include foreign trade offices along with federal
and state agencies.
The purpose of this activity is twofold. First, multiple investors are looking at building new office
development in Federal Way. One of the key reasons for the investment is the proximity of Federal Way
to the Ports of Seattle and Tacoma and also the airport.
Additionally, the need for building space in a strategic location yields value. Such value portends the
successful recruitment of these businesses in these categories.
GRANT BUDGET
Category: Port of Seattle Matching Total
Funds: Funds: Funds:
Staffing for Research& Clerical $20,000 $20,000 $40,000
Consultant $20,000 $2,500 $22,500
Marketing and Advertising $25,000 $10,000 $35,000
TOTAL FUNDS $65,000 $32,500 $97,500
POLICY CONSIDERATIONS
The use of city staff time as an in kind contribution is and has been a previous practice of the City.
FISCAL CONSIDERATIONS
Acceptance of the grant will require an amendment to the City's budget for 2017.
MAYOR'S RECOMMENDATION:
Approve the acceptance and execute grant contract
Port 4.
of Seattle
ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT
BETWEEN
THE PORT OF SEATTLE AND THE CITY OF FEDERAL WAY
This Economic Development Partnership Agreement (the "Agreement") is
made and entered into as of January 5, 2017, by and between the Port of
Seattle (the "Port") and the City of Federal Way (the "City"), both municipal
corporations of the State of Washington (each, a "Party" or, collectively, the
"Parties").
RECITALS
WHEREAS, engaging in the promotion of economic development is a
recognized Port purpose authorized under RCW 53.08.245; and
WHEREAS, RCW 35.21 .703 similarly authorizes cities to engage in
economic development programs; and
WHEREAS, RCW 53.08.240(2) permits the Port to contract with another
municipality to perform such undertakings each is authorized to perform; and
WHEREAS, the Port Commission of the Port of Seattle established the
Economic Development Partnership Program (the "Program"), to advance the
Port's Century Agenda, promote a dramatic growth agenda, support the
creation of middle class jobs and help address the lack of economic
development funding for local projects; and
WHEREAS, grant funding across the region is very limited for cities that
want to pursue economic development projects or initiatives, and cities in the
State of Washington have very limited economic development tools; and
WHEREAS, the Program will provide 38 King County cities per capita
funding to advance local economic development throughout the region, and
requires a 50% local match by the cities that receive the grants; and
WHEREAS, the Program will help the Port advance regional economic
vitality through focused partnerships with King County cities; and
Contract S-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 1 of 10
Port
of Seattle
WHEREAS, the Program will make grants to cities that pursue programs
and projects that stimulate business development, job creation and community
revitalization, such as small business development, industry retention and
expansion, and other economic development projects that support new
investment and job creation;
NOW, THEREFORE, the Parties agree as follows:
1. Purpose. The purpose of this Agreement is to establish a contractual
arrangement under which the Port will contribute Program funds to the City in
the amount set forth on Section 2, solely for the purpose of assisting the City in
carrying out the local initiative and deliverables described in Exhibit A,
attached and incorporated hereto by this reference (the "Project"). This
Agreement shall be interpreted in furtherance of this purpose.
2. Responsibilities of the Port. The Port shall contribute up to Sixty-Five
Thousand and No/100 Dollars ($65,000.00) (the "Grant Fund Amount") to assist
the City in funding the Project. The Port shall disburse the Grant Fund Amount
to the City on a monthly basis and no later than 30 days after receipt of an
invoice detailing those Project deliverables completed in accordance with
Exhibit A. Subject to the requirements of this Section and of Section 18 (where
applicable), the Port shall make the final payment of the Grant Fund Amount
to the City by no later than June 30, 2017, or upon the Port's receipt of the
final report, whichever occurs later.
3. Responsibilities of the City.
3.1 The City shall contribute up to Thirty-Two Thousand Five Hundred
and No/ 100 Dollars ($32,500.00)through in kind contribution of City
staff time towards the Project, an amount that is equivalent to at least
fifty percent (50%) of the Grant Fund Amount (the "City Match").
3.2 The City may contract with local non-profits to complete the
Project or elements of the Project; provided, that the Port shall not,
under any circumstance, disburse the Grant Fund Amount to any of the
City's contractors or subcontractors.
3.3 The City shall complete the Project deliverables set forth in
Exhibit A by no later than May 31, 2017.
Contract 5-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 2 of 10
Port
of Seattle
4. Term. This Agreement shall be become effective as of the date first set
forth above, and shall terminate on May 31, 2017, unless earlier terminated
under another provision of this Agreement.
5. Termination for Convenience. Either party may terminate this
Agreement at any time for any reason, by giving the other party thirty (30)
days' written notice. In the event the Port terminates this Agreement and the
City has completed any portion of the Project by the time it receives the Port's
notice of termination, the Port shall pay the City a percentage of the Grant
Fund Amount that is proportional to the City's completed portion of the
Project.
6. Termination for Default. Except in the case of delay or failure resulting
from circumstances beyond the control and without the fault or negligence of
the City, the Port shall be entitled, by written or oral notice to the City, to
terminate Agreement for breach of any of the terms and to have all other
rights against the City by reason of the City's breach as provided by law.
7. Waiver. Failure at any time of either Party to enforce any provision of
this Agreement shall not constitute a waiver of such provision or prejudice the
right of either Party to enforce such provision at any subsequent time. No term
or condition of this Agreement shall be held to be waived, modified or deleted
except by a written amendment signed by the Parties
8. Partial Invalidity. If any provision of this Agreement is or becomes void
or unenforceable by force or operation of law, all other provisions hereof shall
remain valid and enforceable.
9. Indemnification and Hold Harmless Agreement. The City shall defend,
indemnify, and hold harmless the Port, its Commissioners, officers, employees,
and agents (hereafter, collectively, the "Port") from all liability, claims,
damages, losses, and expenses (including, but not limited to attorneys' and
consultants' fees and other expenses of litigation or arbitration) arising out of
or related to the fulfillment of this Agreement; provided, however, if and to
the extent that this Agreement is construed to be relative to the construction,
alteration, repair, addition to, subtraction from, improvement to, or
maintenance of, any building, highway, road, railroad, excavation, or other
structure, project, development, or improvement attached to real estate,
including moving or demolition in connection therewith, and therefore subject
to Section 4.24.115 of the Revised Code of Washington, it is agreed that where
Contract S-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 3 of 10
Port
of Seattle
such liability, claim, damage, loss or expense arises from the concurrent
negligence of (i) the Port, and (ii) the City, its agents, or its employees, it is
expressly agreed that the City's obligations of indemnity under this paragraph
shall be effective only to the extent of the City's negligence. Such obligations
shall not be construed to negate, abridge, or otherwise reduce any other right
or obligation of indemnity which would otherwise exist as to any person or
entity described in this paragraph. This paragraph shall not be construed so as
to require the City to defend, indemnify, or hold harmless the Port from such
claims, damages, losses or expenses caused by or resulting from the sole
negligence of the Port.
In any and all claims against the Port, by any employee of the City, its agent,
anyone directly or indirectly employed by either of them, or anyone for whose
acts any of them may be liable, the indemnification obligation of this
paragraph shall not be limited in any way by any limitation on the amount or
type of damages, compensation benefits payable by or for the City, or other
person under applicable industrial insurance laws (including, but not limited to
Title 51 of the Revised Code of Washington), it being clearly agreed and
understood by the Parties hereto that the City expressly waives any immunity
the City might have had under such laws. By executing this Agreement, the City
acknowledges that the foregoing waiver has been mutually negotiated by the
parties.
The City shall pay all attorneys' fees and expenses incurred by the Port in
establishing and enforcing the Port's right under this paragraph, whether or not
suit was instituted.
10. Comply with All Laws. The Parties shall at all times comply with all
federal, state and local laws, ordinances and regulations, including but not
limited to all environmental laws, which in any manner apply to the
performance of this Agreement.
11. Integration. This Agreement, together with the attached Exhibit A,
constitutes the entire agreement between the Parties and unless modified in
writing by an amendment executed by the Parties, shall be implemented only
as described herein.
12. Governing Law and Venue. This Agreement shall be governed by the
laws of the State of Washington. Any action arising out of this Agreement shall
be brought in King County.
Contract S-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 4 of 10
Port
of Seattle
13. No Employment Relationship Created. The Parties agree that nothing in
this Agreement shall be construed to create an employment relationship
between the City and the Port.
14. No Entity Created. The Parties agree that nothing in this Agreement
shall be construed to create a joint entity between the City and the Port.
15. Notices. Notices to the Port shall be sent to the following address:
Port of Seattle
Economic Development Division
P. 0. Box 1209
Seattle, WA 98121
Notices to the City shall be sent to the following address:
City of Federal Way
Tim Johnson, Director, Economic Development
33325 - 8th Ave. South
Federal Way, WA 98003
16. Audits and Retention of Records. The City shall retain and make all
books, records and documents (the "Records") relating to the performance of
this Agreement open to inspection or audit by representatives of the Port or
Washington State during the term of this Agreement and for a period of not
less than six (6) years after termination of the Agreement; provided, that if
any litigation, claim or audit arising out of, in connection with or related to
this Agreement is initiated, the City shall retain such Records until the later of
(a) resolution or completion of litigation, claim or audit; or (b) six (6) years
after the termination of this Agreement.
17. Amendment. This Agreement may only be amended by written
agreement of the Parties.
18. Dispute Resolution. The signatories below or their authorized delegates
shall use good faith efforts to cooperatively resolve disputes that arise in
connection with this Agreement.
Contract S-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 5 of 10
Port
of Seattle
IN WITNESS WHEREOF, the Parties hereto have executed this agreement
as of the date first set forth above.
PORT OF SEATTLE CITY OF FEDERAL WAY
By: Tim Jayne By: Tim Johnson
Sr. Manager, Purchasing Director, Economic Development
Signature Signature
Dated Dated
Contract S-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 6 of 10
Port
of Seattle
EXHIBIT A
SCOPE OF WORK/SPECIFIC REQUIREMENTS
1. Scope of Work:
A. Hub of International Infrastructure:
i. Attract new business and job growth by recruiting 10 -
20 businesses, government agencies and/or private
institutes with a goal to create 500 new jobs by May 31,
2017.
ii. Formulate implement and distribute a print and digital
advertising campaign on building and land for
international businesses, government agencies and
private for commercial brokers, property owners and
developers by May 31, 2017.
iii. Research, identify and obtain contact information for
400 businesses, government agencies and/or private
institutes for recruitment by March 31, 2017.
iv. Retention and expansion of businesses, public agencies
and/or private institutes by reaching out to 25
businesses, government agencies and/or private
institutes by May 31, 2017.
i. Strengthen industry cluster of international trade by
working with the Port and other King County and State
of Washington organizations to collaborate and
participate in cluster focused events held in Puget
Sound throughout 2017.
B. The City will submit a final written report to the Port within
45 days of completion of the Scope of Work but no later than,
May 31, 2017, a final report shall be submitted to the Port.
C. Port may request periodic project updates from the City.
Contract 5-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 7 of 10
Port
of Seattle
2. Definition and restatement of how funds are to be used.
Category: Port of Seattle Matching Total
Funds: Funds: Funds:
Staffing for Research & Clerical $20,000 $20,000 $40,000
Consultant $20,000 $2,500 $22,500
Marketing and Advertising $25,000 $10,000 $35,000
TOTAL FUNDS $65,000 $32,500 $97,500
Any funds obtained from the Port for economic development and tourism
activities are to be used specifically for projects that create jobs, foster
business growth, and support the Port's business interests, advertising,
promotion, and marketing activities that have the potential to generate
businesses to relocate to the City of Federal Way and to retain existing
businesses. Expenses related to travel to meet with businesses, agencies
and/or institutes will be paid as agreed upon in the budget for those line items.
2. Access and Process for obtaining funds.
The Port may authorize reimbursement of eligible expenses upon approval by
the Port and documentation from the City providing information on expenses
and required match. Port may require appropriate documentation to validate
participation in the activity, advertising placement, or a specific project that
will be initiated.
Contract S-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 8 of 10
Port
of Seattle
3. Port Approval and Recognition:
a. All projects must utilize and identify the Port as a partner or
sponsor. Prior to implementation, Port requires a review of the
proposed placement of the Port logo on advertising, promotion
materials, booth displays, online, digital or printed materials.
b. Prior to specific advertising execution or implementation, the
Port will review and approve the advertising placement and
schedule.
4. The Agreement and Final Report:
TASK DESCRIPTION SCHEDULE
Task 1 Execute Agreement No later than
January 5, 2016
Task 2 Execution of Agreement by Port No later than
January 9, 2016
Task 3 Provide an Invoice for the total amount No later than May 31
remaining due from the Port 2017
Task 4 Final Report and Accounting: No later than: May
1. Provide a detailed report on the Hub 31, 2017
of International Infrastructure project
outlined above, including but not
limited to, the names of the
businesses, agencies and/or
institutions which were contacted and
relocated to the City; number of
businesses reached out to retain;
number of cluster events in which the
City participated; and collaboration
efforts.
2. Provide a detailed accounting of the
monies spent, including 50% matching
funds.
Contract S-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 9 of 10
Port
of Seattle
5. Miscellaneous:
No Port funds can be used to underwrite general or capital expenses associated
with an event or program already in progress.
End of Exhibit A-Scope of Work/Specific Requirements
Contract S-00318876 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Federal Way
Page 10 of 10
COUNCIL MEETING DATE: January 3,2017 ITEM#: h ci
............................................................................................................................................................................................ .......................................................................................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2% FOR ART PROGRAM FOR PERFORMING ARTS&EVENT CENTER
POLICY QUESTION: Authorize the Mayor to enter into Professional Services Agreement for Artist team
COMMITTEE: PRHSPS MEETING DATE: 12/13/16
CATEGORY:
Consent ❑ Ordinance ❑ Public Hearing
,r City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Theresa Yvonne, Executive Director DEPT: Mayor-PAEC
..........................................................................................................................................................................................................................
................................................................................................................................................................................................................................................................................................................. . ..
Background: As part of the City of Federal Way's 2%for the Art program,the Performing Arts&Event Center
will feature a public art piece located outside at the southwest corner of the property. This is a high profile
project in prominent location on the property that will be visible from the interior and exterior of the building.
The only requirement of the RFQ was that the project feature water, given its proximity in the community and
the region.
Project goals and considerations:
• Speak to the natural beauty and location of the site.
• Serves as a signature piece for the Performing Arts&Event Center and the Town Center core.
• Fits well within the context of the site(in terms of scale and design or theme).
• Shows consideration of the audience,use of the plaza,and view from the interior of the Performing Arts
& Event Center by patrons,etc.
• Considers existing architectural of the building and how to complement and/or wrap with the existing
design of the project.
• Considers the use of the facility during both day and evening hours.
• Materials and finish artwork shall be of the highest quality and should be designed and fabricated for
durability as well as for relatively low maintenance.
Artist Selection Process:
A Public Art Advisory Committee was formed consisting of(3)Arts Commissioners,(2)members of the Federal
Way Coalition of the Performing Arts, one Youth Advisory Commissioner, one community member at large,and
one artist representative.
A Request for Qualifications was sent out with a deadline of May 6, 2016. There were a total of 176 artists that
submitted their qualifications for review. The Advisory Committee reviewed the artists and narrowed the selection
to five finalists. One finalist dropped out midway through the project as he was overcommitted.
The short list of four artists presented their final proposals initially to staff. The projects were reviewed by the
Parks Director,PAEC Project Manager, Lorax Construction Manager and Executive Director of the PAEC in
September. Staff had no concerns with(3)of the projects and one project was going to be over budget.
That same day,the Public Art Advisory Committee held a reception for the four artists to meet them and hear their
proposals first hand. The Committee then met three times, deliberating over the art projects and the final choice for
the Performing Arts&Event Center and the community.
The final project and one alternate were presented to the Arts Commission on November 3, 2016 and the Arts
Commission recommended the final project, "Hylebos Harmonics"move forward for approval.
Options Considered:
1. Authorize a bid award for"Hylebos Harmonics" for the Performing Arts & Event Center in the amount
of$350,000.00 and authorize the Mayor to execute said agreement.
2. Do not authorize a bid award and provide direction to staff.
................... .... .. .. .. .... ........ .. .. .. .. .... .. .... .....
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: _ 7 / �7' DIRECTOR APPROVAL: I
Cotllllli a Council Co Init. I/Date
Initial/Date Initial/Date
CHIEF OF STAFF:
Committee Council
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the authorization to award "Hylebos Harmonics"for the
Performing Arts &Event Center in the amount of$350,000.00 to artists'team David Dahlquist and Matt Neibuhr
and authorize the Mayor to execute said agreement and forward to the January 3, 2017 Full Council oo.t sent-
agenda for approval. 1C -5,nt55
Comi 1ittee Chair Committee .ember Committee Member•
PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for "Hylebos Harmonics"for
Performing Arts & Event Center in the amount of$350,000.00 to David Dahlquist and Matt Niebuhr and
authorize the Mayor to execute said agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—1/2015 RESOLUTION#
COUNCIL MEETING DATE: Janua ry 3,2017 ITEM#: 7a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE—Adoption of State Mandated Building and Construction Codes
POLICY QUESTION: Should the City of Federal Way amend Title 13 FWRC to adopt the state mandated and
local construction codes?
COMMITTEE: Land Use/Transportation Committee MEETING DATE: December 5, 2016
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Building Official Scott Sproul DEPT: Community Development
Attachments: 1) Staff Memo and 2) Adoption Ordinance
Background: The proposed ordinance is needed in order to allow the city to amend and adopt the current state
mandated 2014 International Building Codes, Uniform Plumbing Code, National Electrial Code, and other
building constructuion regulations pursuant to Chapters 19.27, 19.27A, and 19.28 RCW.
Options Considered:
1) Adopt the proposed ordinance.
2) Revise the proposed ordinance.
3) Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1 ON
MAYOR APPROVAL: �/ ////� i I DIRECTORAPPROVAL: 'L/'" 'Cot ttee Council Initial/Date
Initial/Date Initial/Date -y�
CHIEF OF STAFF: J,W�k I) b% )0(1 �I J) s.1))1li
Comm i to Council ip
Initia Initial/D.
COMMITTEE RECOMMENDAT :I move to forward t e proposed ordinance to First Reading on TBD.
/ tz ,-),.., . ,c,,,,---,,.....
ommittee Chair � Committe e ber Cormafee Member!
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (JANUARY 3, 2017): "I move to forward approval of the ordinance to the (fill in
date) Council Meeting for enactment. "
2ND READING OF ORDINANCE(JANUARY 17,2017): "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL# CI r1* I a❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—1/2015 RESOLUTION#
MEMORANDUM
CITY OF Department of Community Development
Federal Way
DATE: December 5, 2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Scott Sproul, Building Official 7
SUBJECT: Adoption of State Mandated Building and Construction Codes
A. BACKGROUND
The proposed ordinance is needed in order to allow the City to amend and adopt the current state
mandated 2015 International Building Codes, Uniform Plumbing Code,National Electrial Code, and
other building constructuion regulations pursuant to RCW 19.27, 19.27A, and 19.28. These code are
adopted by the state and are amended on a three year cycle. As a jurisdiction within the state,the City
of Federal Way is required to enforce these codes. In addition, the City may further amend the codes
as needed to provide consistent enforcement.
B. DISCUSSION
The construction codes enforced by the City fall into two categories: "state mandated codes"and
"local codes" adopted by a jurisdiction. State mandated codes are required to be enforced at the city
and county level pursuant to RCW 19.27, 19.27A, and 19.28. Cities adopt codes at the local level in
order to reconcile these codes wth other regulatory requirements and established fee resolutions.
Local codes are permissible and are needed in order to provide enforcement for local building
requirements.
State Mandated Codes:
Building Code—International Building Code (IBC) as amended by Washington State
Residential Code—International Residential Code(IRC) as amended by Washington State
Mechanical Code—International Mechanical Code (IMC) as amended by Washington State
Fire Code—International Fire Code (IFC) as amended by Washington State
Property Maintenance Code—International Property Maintenance Code(IMPC)
Plumbing Code— Uniform Plumbing Code(UPC) as amended by Washington State
Electrical Code—National Electrical Code(NEC) as amended by Washington State
Energy Code—International Energy Conservation Code as amended by Washington State
(Washington State Energy Code)
Factory Assembled Structures, Washington State Standard for the Installation of Factory
Assembled Structures
Staff Memo Meeting Date:
2016 Adoption of State Mandated Building and Construction Codes Page 1
Local Codes Adopted by Federal Way:
Swimming Pools—Hot Tubs—Spas(these regulations were drafted to regulate swimming pools
and provide for fencing)
C. OPTIONS CONSIDERED
1) Adopt the proposed ordinance.
2) Revise the proposed ordinance.
3) Do not adopt the proposed ordinance.
Staff Memo Meeting Date:
2016 Adoption of State Mandated Building and Construction Codes Page 2
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to the
adoption of the Washington State Building Code and related matters;
amending Title 13 FWRC. (Amending Ordinance Nos. 01-389, 04-465, 07-
563, 09-595, 10-665, 13-743, and 15-793)
WHEREAS, the Revised Code of Washington ("RCW") mandates enforcement and provides
authority to the City of Federal Way Washington to administer and enforce the Washington State
Building Code Act (Chapter 19.27 RCW), the Washington State Energy Code (Chapter 19.27A
RCW), Washington State regulations regarding electricians and electrical installations (Chapter
19.28 RCW), Washington State regulations regarding installation and permitting of factory
assembled structures (Chapters 43.22 and 43.22A RCW), the Growth Management Act as it
applies to the construction of buildings (Chapter 36.70A RCW), and related matters within the
incorporated boundaries of the City of Federal Way, Washington; and
WHEREAS, these Washington State laws include amendments as adopted and included by
the State of Washington; and
WHEREAS, certain amendments, appendices, and other regulations are optional, and where
applicable, are enforceable if adopted specifically by the City of Federal Way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 17- Page/ of 20
Rev 1/15
Section 1. FWRC 13.11.020 is hereby amended to read as follows:
13.11.020 Definitions.
When any of the following words appear in the codes and regulations adopted by this title, they
shall be interpreted as follows:
"Administrative authority" shall mean the building official.
"Board of appeals" shall mean the hearing examiner appointed by the city.
"Building department" shall mean the building division of the department of community and
economic development.
"Chief" "fire chief" or "chief of the bureau of fire prevention" shall mean the fire chief of
South King Fire and cRescue.
"City treasurer" shall mean the director of administration and finance.
"Code official" shall mean the building official.
"Corporation counsel" shall mean the city attorney.
"Department of building safety" shall mean the building division of the department of
community development.
"Department of mechanical inspection" shall mean the building division of the department of
community and economic development.
"Jurisdiction" shall mean the city of Federal Way.
"Municipality" shall mean the city of Federal Way.
Section 2. FWRC 13.11.060 is hereby amended to read as follows:
13.11.060 Conflicts.
In case of conflict among the codes enumerated in subsections (1), (2), (3), (4), and (5), and (6)
of this section, the first named code shall govern over those following.
(1) The International Building Code, published by the International Code Council, Inc.;
(2)The International Residential Code, published by the International Code Council, Inc.;
(3) The International Mechanical Code, published by the International Code Council, Inc., except
that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and
Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code);
(4) The International Fire Code, published by the International Code Council, Inc., including
those standards of the National Fire Protection Association specifically referenced in the
International Fire Code; provided, that, notwithstanding any wording in this code, participants in
religious ceremonies shall not be precluded from carrying handheld candles;
(5) Except as provided in RCW 19.27.170, the Uniform Plumbing Code and Uniform Plumbing
Code Standards, published by the International Association of Plumbing and Mechanical
Ordinance No. 17- Page 2 of 20
Rev 1/15
Officials; provided, that any provisions of such code affecting sewers or fuel gas piping are not
adopted.
(6) The International Exiting Building Code,published by the International Code Council, Inc.
Section 3. FWRC 13.16.020 is hereby amended to read as follows:
13.16.020 2012 2015 International Building Code adopted.
The 2042 2015 Edition of the International Building Code (IBC), including the following
appendix chapters:
(1) Appendix E, published by the International Code Council (ICC), is hereby adopted by
reference pursuant to Chapter 19.27 RCW and Chapter 51-50 WAC. The International Building
Code requirements for barrier-free accessibility, Chapter 11, and other IBC requirements for
barrier-free access, including ICC A117.1-2009 and Appendix E, are adopted pursuant to
Chapters 19.27 and 70.92 RCW and shall not be amended by local government.
(2) Appendix J of the IBC published by the International Code Council (ICC) is hereby adopted
by reference.
Section 4. FWRC 13.16.030 is hereby amended to read as follows:
13.16.030 2012 2015 International Building Code amendments.
The International Building Code, adopted by reference in FWRC 13.16.020, is amended to read
as follows:
(1) IBC Section 101.1, Title, is hereby amended as follows:
These regulations shall be known as the Building Code of City of Federal Way, hereinafter
referred to as "this code."
(2) IBC Section 101.4.3, Plumbing, is hereby amended as follows:
The provisions of the 2012 2015 Edition of the Uniform Plumbing Code shall apply to the
installation, alteration, repair and replacement of plumbing systems, including equipment,
appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage
system and all aspects of a medical gas system. Private Sewage Disposal systems shall be
approved by King County Department of Health.
(3) IBC Section 101.4.6, Energy, is hereby amended as follows:
The provisions of the International Energy Conservation Code, including WAC 51-11R
and WAC 51-11C, shall apply to all matters governing the design and construction of
buildings for energy efficiency.
(4) IBC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in
Critical Areas, to read as follows:
Ordinance No. 17- Page 3 of 20
Rev 1/15
Permit requirements of this code shall not be deemed to grant authorization for any work to
be done in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall be required for work proposed within critical
areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in
critical areas.
(5) IBC Section 105.1.2, Annual permit records, is hereby deleted in its entirety.
(6) IBC Section 105.2, item 1, is hereby amended to read as follows:
One-story detached accessory structures used as tool and storage sheds, playhouses and
similar uses, provided the floor area does not exceed 200 square feet (18.58 m2).
(7) IBC Section 105.4.1, Amended Permit, is hereby created as follows:
When the size of the building is increased or the scope for which the permit was issued is
changed, an application to amend the building permit shall be required. Amended permit
documents including but not limited to revised plans, calculations, product information,
energy calculations, or other documents needed in order to clarify the intent and scope of
the amended application shall be submitted for plan review. Fees for the review of the
amended permit application shall be assessed and paid pursuant to the City of Federal Way
fee resolution. When the building official is satisfied that the proposed work included in the
amended application conforms to the requirements of this code and laws and ordinances
applicable thereto, the building official shall issue a permit therefore as soon as practicable.
(8) IBC Section 107.3, Examination of documents, is hereby amended as follows:
The building official shall examine or cause to be examined the accompanying submittal
documents and shall ascertain by such examinations whether the construction indicated and
described is in accordance with the requirements of this code and other pertinent laws or
ordinances. The building official may require third party review to insure compliance with
this code. The cost of such review shall be borne by the applicant in compliance with the
city's fee schedule.
(9) Chapter 2, Definitions, is hereby amended by the addition of the following definition:
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or
improvement of a building or structure, the cost of which equals or exceeds 50 percent of
the assessed value of the structure before the improvement or repair is started. If the
structure has sustained substantial damage, any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
include either:
1. Any project for improvement of a building required to correct existing health, sanitary or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the
structure's continued designation as a historic structure.
Ordinance No. 17- Page 4 of 20
Rev 1/15
(10) IBC Appendix J is hereby amended to add a new section, J101.1.1 Local Regulations, as
follows:
In addition to the requirements of IBC appendix J, clearing and grading activities shall be
reviewed and regulated under the following FWRC regulations:
(a) FWRC Title 16 Surface and Stormwater Management; and,
(b) Chapter 19.120 FWRC, Clearing, Grading, and Tree and Vegetation Retention; and,
(c) Chapter 19.142 FWRC, Flood Damage Prevention.
In case of conflict, the most restrictive provision shall apply.
Section 5. FWRC 13.20.010 is hereby amended to read as follows:
13.20.010 Purpose—General.
The purpose of this chapter is to authorize the construction of five-story Type VA buildings as an
approved alternate design and construction method under Section 104.11 of the 2009 2015
Edition of the International Building Code, and to set forth the criteria and standards which must
be met before a building permit may be issued for a five-story Type VA building.
Section 6. FWRC 13.20.020 is hereby amended to read as follows:
13.20.020 Construction.
(1) International Building Code requirements. Five-story Type VA buildings must comply with
all requirements of the International Building Code, except as modified or supplemented by this
chapter. In the event of a conflict between the International Building Code and the provisions of
this chapter, the provisions of this chapter shall control. References in this chapter to building
construction "types" (e.g., Type I or Type VA) shall have the same meaning as set forth in the
International Building Code.
(2) Lowest story construction requirements. The lowest story in a five-story Type VA building
shall be constructed of Type VA fire-resistive construction, except that all structural frame and
load-bearing elements must consist of approved, two-hour fire-resistive construction.
(3) Upper four stories. The upper four stories of a five-story Type VA building shall be
constructed of at least Type VA fire-resistive construction.
(4) Use of Type VA above Type I construction. Where Type VA stories are constructed over
Type I construction, the Type VA stories shall be separated from the Type I stories with a
horizontal assembly having a minimum three-hour fire-resistance rating as provided in the
International Building Code, Section 509.2 510.2 of the 2009 2015 Edition.
Ordinance:No. 17- Page 5 of 20
Rev 1/15
Section 7. FWRC 13.20.030 is hereby amended to read as follows:
13.20.030 Occupancy.
(1) Occupancy of five-story Type VA buildings shall be allowed as provided in Table 543 504.3,
International Building Code, 2009 2015 Edition, except that B, M, and R-1 occupancies shall be
allowed on any floor.
(2) "Occupancy" shall have the same meaning as set forth in the 2009 2015 Edition of the
International Building Code.
Section 8. FWRC 13.20.040 is hereby amended to read as follows:
13.20.040 Stair enclosures.
Where buildings are designed and constructed pursuant to this section, all stair enclosures shall
be of two-hour fire-resistive construction with one-and-one-half-hour opening protection. All
buildings constructed in accordance with this section shall be provided a minimum of one
elevator with a car which complies with Section 3002.4 of the 2009 2015 Edition of the
International Building Code. Elevators shall be enclosed in shafts with the same fire-resistive
requirements as stair enclosures set forth above. Elevator hoistways shall be ventilated in
accordance with Sections 3004.1 through 3004.3 of the 2009 2015 Edition of the International
Building Code.
Section 9. FWRC 13.20.010 is hereby amended to read as follows:
13.20.050 Fire detection and protection.
(1) Five-story Type VA buildings shall be protected throughout by an automatic fire sprinkler
system complying with the International Building Code and International Fire Code as detailed
in the standard known as NFPA 13, as set forth and contained in the 2009 2015 Editions of the
International Building and Fire Codes, as presently constituted or as hereinafter amended. Use of
the automatic fire sprinkler system shall be in addition to, not in lieu of, one-hour fire-resistive
construction required in FWRC 13.20.020. Automatic fire sprinklers may not be used to increase
the number of stories; no more than five stories of Type VA construction may be permitted.
(2) All stair enclosures and elevator shafts shall be pressurized as set forth in the 2009 2015
Edition of the International Building Code, Section 909.20, as presently constituted or as may be
subsequently amended. In addition, a Class I standpipe system as required by 2049 2015
International Building Code, Section 905, and the standard known as NFPA 14, as presently
constituted or as may be subsequently amended, shall be installed.
(3) A standby power-generator set shall be provided on the premises in accordance with the 2009
2015 International Building Code, Section 403.4, and the 2008 2014 National Electrical Code, as
presently constituted or as may be subsequently amended. The standby system shall have a
capacity and rating sufficient to supply all equipment required to be operational at the same time,
Ordinance No. I 7- Page 6 of 20
Rey I/15
including but not limited to emergency lighting, stair enclosures, elevator shaft pressurization,
and elevators.
(4) A monitored manual and automatic fire detection syste , . . - - . .. . . -
code official, shall be installed throughout the building and provide alarm, trouble and
supervisory monitoring of the automatic fire sprinkler system. Monitoring equipment and
controls shall be located in a location approved by the fire code official.
Section 10. FWRC 13.20.060 is hereby amended to read as follows:
13.20.060 Height.
The maximum height of buildings designed and constructed pursuant to this section shall be 65
feet. The height shall be measured as provided in the 2009 2015 International Building Code as
presently constituted or hereafter amended.
Buildings constructed under this chapter shall also be subject to the requirements of Section 403
pertaining to high-rise buildings, as applicable.
follows:
Section 11. FWRC 13.20.070 is hereby amended to read as f o
13.20.070 Basic allowable floor area.
The basic allowable area of floors of five-story Type VA buildings shall be as allowed in Tables
54-3-504.3, 504.4, and 506.2; and Section 506 of the International Building Code, 2409 2015
Edition, as presently constituted or as may be subsequently amended. For the purpose of this
chapter only, the total allowable area as calculated subject to the above-referenced table and
sections may be increased by 25 percent.
Section 12. FWRC 13.20.090 is hereby amended to read as follows:
13.20.090 Construction inspection.
The following shall be required for buildings designed and constructed pursuant to this section:
(1) Structural observation provided by the engineer of record for structural frame elements;
(2) Special inspections as required in the 2009 2015 International Building Code;
(3) All other inspections shall be in strict accordance with other applicable codes; and
(4) Structural observation documents stamped by the engineer of record and all special
inspection reports shall be submitted to the Federal Way building division prior to the issuance
of a certificate of occupancy.
Ordinance No. 17- Page 7 of 20
Rev 1/15
Section 13. FWRC 13.20.100 is hereby repealed in its entirety.
1 1 „ •• . . . .. • • . ..
The owners of five story Type VA structures shall maintain the - .. - - • - •••- - - , •- . : .. - -- - - - - .. - - . - -
condition at all times. Unless otherwise required b- -- - •• - •• , - - • •• - -
maintained and shall be forwarded to the fire cede official and be available to the inspection
authority.
Section 14. FWRC 13.22.020 is hereby amended to read as follows:
13.22.020 2012 2015 International Residential Code adopted.
The 2-04-2 2015 Edition of the International Residential Code (IRC) as published by the
International Code Council (ICC) is hereby adopted by reference pursuant to Chapter 19.27 RCW
and Chapter 51-51 WAC, with the following additions, deletions, and exceptions; provided, that
Chapters 11 and 25 through 43 of this code are not adopted; that energy conservation construction
is regulated by Chapter 51-11R WAC; that plumbing is regulated by Chapter 51-56 WAC; that
electrical installations are regulated by Chapter 296-46B WAC or the National Electrical Code
(NEC) as published by the National Fire Protection Association, as adopted by the city of Federal
Way; and that Appendix G, Swimming Pools, Spas and Hot Tubs, of the 2042 2015 Edition of the
IRC as published by the ICC is hereby adopted. The standards for liquefied petroleum gas
installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas
Code). All other fuel gas installations shall be regulated by the International Mechanical Code
(IMC) and International Fuel Gas Code (IFGC); including the following appendix chapters: H and
J of the IRC published by the International Code Council (ICC) are hereby adopted by reference.
Section 15. FWRC 13.22.030 is hereby amended to read as follows:
13.22.030 2012 2015 International Residential Code amendments.
The following amendments to the IRC adopted -in the FWRC arc -hereby adopted. The
International Residential Code, adopted by reference in FWRC 13.22.020, is amended as
follows:
(1) IRC 101.1, Title, is hereby amended to read as follows:
These provisions shall be known as the Residential Code for One- and Two-family
Dwellings of The City of Federal Way, and shall be cited as such and will be referred to
herein as "this code."
(2) IRC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in
Critical Areas, to read as follows:
Ordinance No. 17- Page 8 of 20
Rev 1/15
Permit requirements of this code shall not be deemed to grant authorization for any work to
be done in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall be required for work proposed within critical
areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in
critical areas.
(3) IRC 105.3.1, Action on application, is hereby amended by the addition of the following
language:
The building official shall examine or cause to be examined applications for permits and
amendments thereto within a reasonable time after filing. If the application or the
construction documents do not conform to the requirements of pertinent laws, the building
official shall reject such application in writing stating the reasons therefore. When the
building official is satisfied that the proposed work conforms to the requirements of this
code and laws and ordinances applicable thereto, the building official shall issue a permit
therefore as soon as practicable. The building official may require third party review to
insure compliance with this code. The cost of such review shall be borne by the applicant
in compliance with the city's fee schedule.
(4) IRC 105.4.1,Amended Permit, is hereby created as follows:
When the size of the building is increased or the scope for which the permit was issued is
changed, an application to amend the building permit shall be required. Amended permit
documents including but not limited to revised plans, calculations, product information,
energy calculations, or other documents needed in order to clarify the intent and scope of
the amended application shall be submitted for plan review. Fees for the review of the
amended permit application shall be assessed and paid pursuant to the City of Federal Way
fee resolution. When the building official is satisfied that the proposed work included in the
amended application conforms to the requirements of this code and laws and ordinances
applicable thereto,the building official shall issue a permit therefore as soon as practicable.
(5)R106.3.1,Approval of construction documents, is hereby amended to read as follows:
When the building official issues a permit, the construction documents shall be approved in
writing or by a stamp. One set of construction documents so reviewed and stamped
Approved File Copy, shall be retained by the building official. The other set, stamped
Approved Site Copy, shall be returned to the applicant, shall be kept at the site of work at
all times and shall be open to inspection by the building official or his or her authorized
representative. Failure to produce the Site Copy of the plans at time of inspection may
result in a failed inspection.
Ordinance No. 17- Page 9 of 20
Rev 1/I5
(6) IRC Table 301.2(1) is amended by the addition of the following information:
Wind Design Subject To Damage From
Roof Seismic Winter Ice Air Mean
Layer Flood
Snow Speed Topo Design Frost Design Underlay Hazard Freezing Annual
Load Category Weathering line Termites Temp Required Index Temp
Mph Effects
lb/ft2 85 No D2 Moderate 12" Moderate 24 No Yes 250 55
Section 16. FWRC 13.26.020 is hereby amended to read as follows:
13.26.020 2012 2015 International Mechanical Code adopted.
The 201-2 2015 Edition of the International Mechanical Code (IMC) as published by the
International Code Conference (ICC) is hereby adopted by reference pursuant to Chapter 19.27
RCW and Chapter 51-52 WAC.
In the case of conflict between the duct sealing or insulation requirements of Section 603 or 604
of the IMC and the duct sealing or insulation requirements of Chapter 51-11C WAC, the
Washington State Energy Code, the provisions of the energy code shall govern.
Section 17. FWRC 13.26.030 is hereby amended to read as follows:
13.26.030 2012 2015 International Mechanical Code amendments.
The International Mechanical Code, adopted by reference in FWRC 13.26.020, is amended as
follows:
(1) IMC 101.1, Title, is hereby amended to read as follows:
These regulations shall be known as the Mechanical Code of the City of Federal Way,
hereinafter referred to as "this code."
(2) IMC 104.6,Notices and orders, is hereby amended to read as follows:
Notices and Orders shall be issued in compliance with FWRC 1.15.040.
(3) IMC 106.4.1.1, Amended Permit, is hereby created as follows:
When the scope of work for which the permit was issued is changed, the building official
may amend the mechanical permit. When such fees specified in IMC Section 106 or the
Federal Way Fee Schedule have been paid and when changes to the plans and application
have been approved, the building official shall issue an "amended permit," which includes
the approved changes as well as the original plans and specifications. The issuance of such
amended permit shall void the original permit.
(4) IMC 106.3.2, Preliminary inspection, is hereby amended to read as follows:
Ordinance No. 17- Page 10 of 20
Rev 1/15
Before a permit is issued, the building official is authorized to inspect and evaluate the
systems, equipment, buildings, devices, premises and spaces or areas to be used. The
building official may require third party review to ensure compliance with this code. The
cost of such review shall be borne by the applicant in compliance with the Federal Way
Fee Schedule.
(5) IMC 106.4.3, Expiration, is hereby amended in its entirety as follows:
Every permit issued shall become invalid unless the work on the site authorized by such
permit is commenced within 180 days after issuance, or if the work authorized on the site
by such permit is suspended or abandoned for a period of 180 days after the time the work
is commenced. The building official is authorized to grant, in writing, one or more
extensions of time, for periods not more than 180 days each. The extension shall be
requested in writing and justifiable cause demonstrated. In order to renew action on a
permit after expiration,the permittee shall pay a new full permit fee.
(6) IMC 106.5.2, Fee schedule, is hereby amended to read as follows:
The fees for mechanical permits shall be assessed in accordance with the provisions of the
City of Federal Way Fee Schedule.
(7) IMC 106.5.3, Fee refunds, is hereby amended in its entirety as follows:
Fees shall be refunded in accordance with the City of Federal Way Fee Schedule.
(8) IMC 108.3, Prosecution of violation, is hereby amended to read as follows:
If the notice of violation is not complied with promptly, the building official shall take
action as prescribed in Title 1 of the FWRC.
(9) IMC 108.4, Violation penalties, is hereby amended to read as follows:
Persons who shall violate a provision of this code or shall fail to comply with any of the
requirements thereof or who shall erect, install, alter or repair mechanical work in violation
of the approved construction documents or directive of the building official, or of a permit
or certificate issued under the provisions of this code, shall be subject to the provisions of
Title 1 of the FWRC.
(10) IMC 108.7, Unsafe mechanical systems, is hereby amended to read as follows:
A mechanical system that is unsafe, constitutes a fire or health hazard, or is otherwise
dangerous to human life, as regulated by this code, is hereby declared as an unsafe
mechanical system. Use of a mechanical system regulated by this code constituting a
hazard to health, safety or welfare by reason of inadequate maintenance, dilapidation, fire
hazard, disaster, damage or abandonment is hereby declared an unsafe use. Such unsafe
equipment and appliances are hereby declared to be a nuisance and shall be abated by
repair, rehabilitation, demolition or removal in accordance with Title 1 of the FWRC.
(11) IMC 108.7.1, Authority to condemn mechanical systems, is hereby amended to read as
follows:
Ordinance No. 17- Page 11 of 20
Rev 1/15
Whenever the building official determines that any mechanical system, or portion thereof,
regulated by this code has become hazardous to life, health, property, or has become
insanitary, the building official may issue an order to cease activity. The cease activity
notice shall be issued pursuant to Section 1.15.030 of the FWRC. A person shall not use or
maintain a defective mechanical system after receiving such notice. When such mechanical
system is to be disconnected, written notice as prescribed in Title 1 of the FWRC shall be
given. In cases of immediate danger to life or property, such disconnection shall be made
immediately without such notice.
(12) IMC 109.1, Application for appeal, is hereby amended to read as follows:
Appeals of decisions or determinations made by the building official relative to the
application and interpretation of this code shall be made to the hearings examiner pursuant
to FWRC 13.06.060.
Section 18. Title 13 FWRC is hereby amended to add a new Chapter 13.28 FWRC to read as
follows:
13.28.010 Title.
This chapter shall be known as the city of Federal Way existing building code.
13.28.020 2015 International Existing Building Code adopted.
The 2015 Edition of the International Existing Building Code (IEBC), as published by the
International Code Conference (ICC), is hereby adopted by reference pursuant to Chapter 19.27
RCW and Chapter 51-50 WAC.
13.28.030 2015 International Existing Building Code amendments.
(1) IEBC 101.1, Title, is hereby amended to read as follows:
These regulations shall be known as the Existing Building Code of the City of Federal
Way, hereinafter referred to as "this code."
Section 19. FWRC 13.31.020 is hereby amended to read as follows:
13.31.020 20-1-2 2015 International Fire Code adopted.
The 20-1-2 2015 Edition of the International Fire Code (IFC), published by the International Code
Council, is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-54A
WAC with the following additions, deletions, and exceptions. Appendix B is adopted as
amended. Appendices B C, E, F, and I are adopted by reference.
Section 20. FWRC 13.31.030 is hereby amended to read as follows:
13.31.030 2012 2015 International Fire Code amendments.
(1) IFC Section 503 is hereby created as follows:
Ordinance No. 17- Page 12 of 20
Rev 1/15
(1) (a) IFC 503.1, Where required. Fire apparatus access roads shall be provided and
maintained in accordance with Sections 503.1.1 through 503.1.3.
(2) (b) IFC 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed or moved into
or within the jurisdiction. The fire apparatus access road shall comply with the requirements of
this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by an approved route
around the exterior of the building or facility.
Exception: The fire code official is authorized to increase the dimension of 150 feet (45
720 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
2. Fire apparatus access roads cannot be installed because of location on property,
topography, waterways, nonnegotiable grades or other similar conditions, and an approved
alternative means of fire protection is provided.
3. There are not more than two Group R-3 or Group U occupancies.
(3)(c) IFC 503.1.2 Additional access. The fire code official is authorized to require more than
one fire apparatus access road based on the potential for impairment of a single road by vehicle
congestion, condition of terrain, climatic conditions or other factors that could limit access.
(1) (d) IFC 503.1.3 High-piled storage. Fire department vehicle access to buildings used for
high-piled combustible storage shall comply with the applicable provisions of Chapter 32.
(5) (e) IFC 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in
accordance with Sections 503.2.1 through 503.2.8.
(6) (f) IFC 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width
of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates
in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13
feet 6 inches (4115 mm).
(7) (g) IFC 503.2.2 Authority. The fire code official shall have the authority to require an
increase in the minimum access widths where they are inadequate for fire or rescue operations.
($) (h) IFC 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather
driving capabilities.
(9) (i) IFC 503.2.4 Turning radius. The required turning radius of a fire apparatus access road
shall be determined by the fire code official.
(-1-0)LU IFC 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45
720 mm) in length shall be provided with an approved area for turning around fire apparatus.
Ordinance No. 17- Page 13 of 20
Rev 1/15
(11) (k) IFC 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is
part of a fire apparatus access road, the bridge shall he constructed and maintained in
accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live
load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted
at both entrances to bridges when required by the fire code official. Where elevated surfaces
designed for emergency vehicle use are adjacent to surfaces which are not designed for such
use, approved barriers, approved signs or both shall be installed and maintained when required
by the fire code official.
(12) (1) IFC 503.2.7 Grade. The grade of the fire apparatus access road shall be within the
limits established by the fire code official based on the fire department's apparatus.
(13)(m) IFC 503.2.8 Angles of approach and departure. The angles of approach and departure
for fire apparatus access roads shall be within the limits established by the fire code official
based on the fire department's apparatus.
(11) (n) IFC 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall
not be obstructed in any manner, including the parking of vehicles. The minimum widths and
clearances established in Section 503.2.1 shall be maintained at all times.
(15) (o) IFC 503.5 Required gates or barricades. The fire code official is authorized to require
the installation and maintenance of gates or other approved barricades across fire apparatus
access roads, trails or other accessways, not including public streets, alleys or highways.
Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates
intended for automatic operation shall be designed, constructed and installed to comply with
the requirements of ASTM F 2200.
O (p) IFC 503.5.1 Secured gates and barricades. When required, gates and barricades shall
be secured in an approved manner. Roads, trails and other accessways that have been closed
and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used
unless authorized by the owner and the fire code official.
Exception: The restriction on use shall not apply to public officers acting within the scope of
duty.
(17) (q) IFC 503.6 Security gates. The installation of security gates across a fire apparatus
access road shall be approved by the fire chief Where security gates are installed, they shall
have an approved means of emergency operation. The security gates and the emergency
operation shall be maintained operational at all times. Electric gate operators, where provided,
shall be listed in accordance with UL 325. Gates intended for automatic operation shall be
designed, constructed and installed to comply with the requirements of ASTM F 2200.
(2) IFC Appendix B is hereby amended as follows:
(a) Section B105.2 Buildings other than one- and two-family dwellings is replaced as follows:
Ordinance No. 17- Page 14 01 20
Rev 1/15
B105.2 Buildings other than one- and two-family dwellings. The minimum fire flow and
flow duration for buildings other than one- and two-family dwellings shall be as specified in
IFC Table B105.1(2).
Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed
when the building is protected throughout with an automatic fire sprinkler system installed
in accordance with NFPA 13 or NFPA 13R. The resulting fire flow shall not be less than
1,500 gallons per minute (5,678 L/min) for the prescribed duration as specified in Table
B105.1(2).
(b) Table B105.2 is deleted.
Section 21. FWRC 13.31.050 is hereby amended to read as follows:
13.31.050 Sprinkler installation.
Fire sprinkler systems shall be installed.
In addition to the Automatic Sprinkler System requirements specified in the IBC and IFC, the
following new buildings and structures, and existing buildings with new additional square
footage, are required to be protected by an approved automatic sprinkler system:
(1)All occupancies without the basic fire flow requirements of the IFC and Appendix B.
Exception: Group U occupancies.
(2) All occupancies without approved fire department access as defined in IFC 503. Exception:
Group U occupancies, and additions to single unit R3 structures, are not required to be
sprinklered, provided the fire flow meets the requirements of the IFC and Appendix B, and the
access is not unduly compromised, as approved by the fire code official.
(3) In all occupancies, other than group R3; and U, and open parking structures, where the total
floor area included within the surrounding exterior walls on all floor levels, including basements,
exceeds 5,000 square feet. Fire walls, as noted in Section 706 of the International Building Code,
shall not be considered to separate a building to enable deletion of the required fire sprinkler
system.
Exception: Additions to existing buildings, that through alternate materials or methods, do not
increase the hazards of the building, as agreed and approved by the building official and the
fire code official.
In all occupancies where the building is classified as an overwater structure.
Section 22. FWRC 13.34.020 is hereby amended to read as follows:
13.34.020 2012 2015 Uniform Plumbing Code adopted.
The 2012 2015 Edition of the Uniform Plumbing Code (UPC), including Appendices A, B, and
I, as published by the International Association of Plumbing and Mechanical Officials (IAPMO),
Ordinance No. 17- Page 15 of 20
Rev1/15
is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-56 WAC, with
the following additions, deletions and exceptions; provided, that Chapters 12 and 15 of this code
are not adopted; provided further, that those requirements of the UPC relating to venting and
combustion air of fuel fired appliances as found in Chapter 5 and those portions of the code
addressing building sewers are not adopted. Where a conflict exists between the provisions of
Appendix I and the manufacturer's installation instructions, the conditions of the listing and the
manufacturer's installation instructions shall apply.
Section 23. FWRC 13.34.030 is hereby amended to read as follows:
13.34.030 2012 2015 Uniform Plumbing Code amendments.
The following amendments to the pre isiene€the plumbing code adopted in FWRC 13.31.020
are hereby adopted. The Uniform Plumbing Code, adopted by reference in FWRC 13.34.020, is
amended as follows:
(1)UPC 103.3.2.1, Amended Permit, is hereby created as follows:
When the scope for which the permit was issued is changed, an application to amend the
building permit shall be required. Amended permit documents including but not limited to
revised plans, or other documents needed in order to clarify the intent and scope of the
amended application shall be submitted for plan review. Fees for the review of the
amended permit application shall be assessed and paid pursuant to the City of Federal Way
fee resolution. When the building official is satisfied that the proposed work included in the
amended application conforms to the requirements of this code and laws and ordinances
applicable thereto, the building official shall issue a permit therefore as soon as practicable.
(2)UPC 103.3.3, Expiration, is hereby amended to read as follows:
Every permit issued by the building official under the provisions of this code shall expire
by limitation and become null and void if the work authorized by such permit is not
commenced within one hundred and eighty (180) days from the date of such permit, or if
the work authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of one hundred and eighty (180) days.
A permittee holding an unexpired permit shall be permitted to apply for an extension of the
time within which work shall be permitted to commence under that permit when the
permittee is unable to commence work within the time required by this section. The
building official shall be permitted to extend the time for action one or more times by the
permittee for a period not exceeding one hundred and eighty (180) days upon written
request by the permittee. In order to renew action on a permit after expiration where such
suspension or abatement has exceeded one (1) year, the permittee shall pay a new full
permit fee.
(3) UPC 103.4.2, Expiration of Plan Review, is amended in its entirety as follows:
Ordinance A . 17- Page 16 of 20
Rev 1/15
An application for a permit for any proposed work shall be deemed to have been
abandoned 180 days after the date of filing, unless such application has been pursued in
good faith or a permit has been issued; except that the building official is authorized to
grant one or more extensions of time for additional periods not exceeding 180 days each.
The extension shall be requested in writing. A new, complete permit application and full
fees must be submitted to restart the review process on any expired application that cannot
be extended. The new application date is the date of the new submittal.
Section 24. FWRC 13.41.020 is hereby amended to read as follows:
13.41.020 20-1-22 2015 International Energy Conservation Code adopted.
The 204-2 2015 International Energy Conservation Code (IECC), published by the International
Code Council as amended by the state of Washington, is hereby adopted by reference pursuant to
Chapter 19.27 RCW and Chapters 51-11R and 51-11C WAC. Where this Code is in conflict with
one or more of the city's adopted regulations, the more restrictive language shall apply.
Section 25. FWRC 13.43.020 is hereby amended to read as follows:
13.43.020 2012 2015 International Property Maintenance Code adopted.
The 241-2 2015 International Property Maintenance Code (IPMC) is adopted as amended, added
to, or excepted in this title, and shall be applicable within the city. Where this Code is in conflict
with one or more of the city's adopted regulations, the more restrictive language shall apply.
Section 26. FWRC 13.43.030 is hereby amended to read as follows:
13.43.030 2012 2015 International Property Maintenance Code amendments.
The following amendments to-the IPMC adopted in FWRC 13.43.020 arc hereby adopted. The
International Property Maintenance Code, adopted by reference in FWRC 13.43.020, is amended
as follows:
(1) IPMC 101.1, Title, is hereby amended to read as follows:
These regulations shall be known as the Property Maintenance Code of City of Federal
Way, hereinafter referred to as "this code."
(2) IPMC 102.3, Application of other codes, is hereby amended to read as follows:
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the International Building Code,
International Residential Code, International Fuel Gas Code, International Mechanical
Code, Uniform Plumbing Code, National Electrical Code, Washington State Energy Code
and the Washington State Ventilation and Indoor Air Quality Code. Nothing in this code
shall be construed to cancel, modify or set aside any provision of the Federal Way Revised
Code.
Ordinance No. I7- Page 17 of 20
Rev 1/15
(3) IPMC 103 is hereby deleted in its entirety.
(4) IPMC 106.2, Notice of violation, is hereby amended to read as follows:
The code official shall serve a notice of violation or order in accordance with Title 1 of the
Federal Way Revised Code (FWRC).
(5) IPMC 106.3, Prosecution of violation, is hereby deleted in its entirety.
(6) IPMC 106.4, Violation penalties, is hereby deleted in its entirety.
(7) IPMC 106.5, Abatement of violation, is hereby deleted in its entirety.
(8) IPMC 107.1,Notice to person responsible, is hereby amended to read as follows:
Whenever the code official determines that there has been a violation of this code or has
grounds to believe that a violation has occurred, notice shall be given in the manner
prescribed in Section 1.15.040 of the FWRC.
(9) IPMC 107.2, Form, is hereby deleted in its entirety.
(10) IPMC 107.3, Method of service, is hereby deleted in its entirety.
(11) IPMC 107.5, Penalties, is hereby deleted in its entirety.
(12) IPMC 111, title, is hereby amended to read as follows:
HEARINGS EXAMINER.
(13) IPMC 111.1, General, is hereby amended to read as follows:
Appeals of orders, decisions or determinations made by the building official relative to the
application and interpretation of this code shall be made to the hearings examiner pursuant
to FWRC 13.05.060.
(14) IPMC 111.2, Limitations on authority, is hereby amended to read as follows:
An application for appeal shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply. The hearings examiner shall have no authority relative to the
interpretation of the administrative provisions of this Code nor shall the hearings examiner
be empowered to waive any requirements of this code.
(15) IPMC 112, title, is hereby amended to read as follows:
ORDER TO CEASE ACTIVITY
(16) IPMC 112.1, Authority, is hereby amended to read as follows:
Orders to cease activity. Whenever any work is being done contrary to the provisions of
this Code, or other pertinent laws or ordinances implemented through the enforcement of
this Code, the building official may order the work to cease by issuance of an order to
cease activity pursuant to the FWRC 1.15.030.
(17) IPMC 112.2, Issuance, is hereby amended to read as follows:
Occupancy violations. Whenever any building or structure or equipment therein regulated
by this Code is being used contrary to the provisions of this Code, the building official
Ordinance No. 17- Page 18 of 20
Rev 1/15
may, by issuance of an order to cease activity pursuant to FWRC 1.15.030, order such use
discontinued and the structure, or portion thereof, vacated.
(18) IPMC 112.3, Unlawful continuance, is hereby amended to read as follows:
Any person who shall continue any work after having been served with an order to cease
activity, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be subject to penalties as prescribed by law.
(19) IPMC 202, Definitions, is hereby amended to read in part:
CODE OFFICIAL. Shall mean the Building Official.
(20) IPMC 302.4, Weeds, is hereby amended to read as follows:
All premises and exterior property shall be maintained free from weeds or plant growth in
excess of six inches in height on development property or 12 inches in height on vacant
land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual
plants, and vegetation, other than trees or shrubs; however, this term shall not include
cultivated flowers and gardens.
Section 27. 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, clause, 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 28. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any
references thereto.
Ordinance No. /7- Page 19 of 20
Rev 1/15
Section 29. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 30. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
, 2017.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
ACTING CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
Ordinance No. 17- Page 20 of 20
Rev 1/15
COUNCIL MEETING DATE: January 3,2017 ITEM #: 71D
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE:ADMISSIONS TAX
POLICY QUESTION: Should the Council approve the Admissions Tax Ordinance as presented?
COMMITTEE: City Council MEETING DATE: Jan 3, 2017
CATEGORY:
❑ Consent ® Ordinance Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ade Ariwoola,Finance Director DEPT: Finance
Attachments:
1. Staff Report
2. Admissions Tax Ordinance
Options Considered:
1. Forward approval of the Admissions Tax Ordinance to the January 17, 2017 Council Meeting for second
reading and enactment.
2. Do not forward the Admissions Tax Ordinance and P rovide direction to staff.
MAYOR'S RECOMMENDATION:Option 1.
,.,,•
MAYOR APPROVAL: dig_ e � DIRECTOR APPROVAL: %•I 12-
- .3.11
Co ittee n .uncil Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION:N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE JANUARY 3, 2017: "I move to forward approval of the Admissions Tax
Ordinance to the January 17, 2017 Council Meeting for second reading and enactment."
2ND READING OF ORDINANCE JANUARY 17,2017: "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL# C' 1 V'
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—1/2015 RESOLUTION#
CITY OF FEDERAL WAY
Finance Department
MEMORANDUM
To: City Council 11 'r
From: Ade Ariwoola, Finance Director
Via: Jim Ferrell, Mayor
Subject: Admission Tax
Date: December 21, 2016
Background:
The City Council deliberated on the City's Biennial Budget and concluded the City needed to levy a 5%
Admissions Tax of up to $0.60 per ticket on the admission fees paid to attend entertainment events.The
City Council passed the 2017/2018 Biennial Budget on December 6, 2016,which included projected
revenues from the Admissions Tax.
The City's tax levying process requires that ordinances are publically read twice and then the City
Council votes to enact said ordinance.The law will take effect 30 days after the ordinance is enacted.
Barring any unforeseen circumstances,the first reading of the Admissions Tax Ordinance will be on
January 3, 2017.The second reading and enactment will be on January 17, 2017.The law will take effect
30 days from January 17, 2017.
Analysis:
It is projected that the City will generate$0.40 million annually from this revenue source.
Mayor's Recommendation:
Conduct first reading of the ordinance.
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way,Washington, relating to
the imposition of an admission tax.
WHEREAS,the City of Federal Way is a non-charter code city pursuant to Title 35A RCW;
and
WHEREAS,RCW 35.21.280 authorizes every city to levy and fix a tax of not more than one
cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to
any place; and
WHEREAS,the City Council desires to increase revenue to fund its operations and believes
that taxing admissions where appropriate will further this goal;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Title 3 of the Federal Way Revised Code is amended to add a new Chapter 3.60,
"Admissions Tax," as follows:
Chapter 3.60
ADMISSIONS TAX
3.60.010 Levy and amount.
There is levied and imposed upon any person who is charged an admission fee to any place,
including persons who are admitted free of charge, or at reduced rates, to any place in the amount
of five percent of the admission charge, except that no tax in excess of sixty cents ($0.60)per
ticket of admission sold shall be collected. No persons shall sell or otherwise distribute tickets of
admission which disclose a rate of admission tax other than as provided in this chapter.
3.60.020 Exemptions.
The admissions tax as imposed in this chapter shall not apply to anyone paying an admission
charge:
Ordinance No. 17- Page 1 of 7
Rev 1/15
1. In the amount of One Dollar and Fifty Cents ($1.50) or less; or
2. To any activity of any elementary or secondary school as contemplated by RCW
35.21.280; or
3. To any activity of any Parent-Teacher Association (PTA), or similar organization,
provided that the proceeds of the activity are used to benefit an elementary or
secondary school; or
4. To an organized athletic event such as tournaments, leagues, and other competitions
intended for youth less than 19 years of age, sponsored and held by non-profit
organizations; or
5. The admission of spectators to an athletic event, including, but not limited to, football
games, basketball games, or baseball games; or
6. The admission for recreational activities, including,but not limited to, golf, skating,
or swimming.
3.60.030 Complimentary admissions.
Anyone who is admitted free of charge to any place or for any event for which other persons
pay an admission charge shall pay an admission tax measured by the full admission charge,
unless:
1. Admission is free to the public generally on the date or for the event; or
2. Admission is free to a general classification of the public (e.g., children, senior
citizens, or military personnel in uniform) and the entrant is a member of the
classification; or
3. The complimentary admissions are distributed for bona fide charitable purposes
or through any bona fide charity, or are distributed through any elementary or
secondary school; or
4. The persons so admitted are performers, people assisting in the performance or
activity, or bona fide members of the press; or
5. The holder of the certificate of registration has paid the amount of the admission
tax on the admission.
Ordinance No. 17- Page 2 of 7
Rev 1/15
3.60.040 Discount admissions.
Anyone who is admitted at a reduced price to any place or for any event for which other persons
pay a regular, higher admission charge shall pay an admission tax measured by the regular,
higher admission charge,unless:
1. The reduced charge is based on the quantity sold or a payment made before a calendar
date in advance of the event; or
2. The reduced charge is available to a general classification of the public identified in
rates posted or published for the event (e.g., children, senior citizens, or military
personnel); or
3. The event is scheduled at a time less convenient for the public (e.g., a matinee or
midnight performance); or
4. The reduced charge is based on the presentment of a coupon distributed broadly as a
notice or advertisement; or
5. The reduced charge results from the donation of tangible personal property(e.g., food,
clothing or toys) at the place of admission as an organized collection for delivery to a
bona fide charity.
In cases that satisfy one (1) or more of these conditions, the admission tax shall be measured
based on the reduced charge actually paid for admission.
3.60.050 Collection and remittance of tax.
1. Every person receiving any payment for admission for which a tax is levied under this
chapter(Collecting Entity) shall collect the amount of the tax imposed from the person
making the admission payment. The tax required to be collected under this chapter shall
be deemed to be held in trust by the Collecting Entity until paid to the Finance Director as
provided in this chapter. Any person required to collect the tax imposed under this
chapter who fails to collect the same, or having collected the same fails to remit the same
to the Finance Director in the manner prescribed by this chapter, shall be personally liable
to the city for the amount of such tax, and unless the remittance is made as required in
this chapter, is guilty of a violation of this chapter.
Ordinance No. 17- Page 3 of 7
Rev 1/15
2. The tax imposed hereunder shall be collected at the time the admission charge is paid
and shall be reported and remitted by the Collecting Entity to the Finance Director in
monthly installments on or before the fifteenth day of the month following the month in
which the tax was collected. Remittance may be made by check, but payment by check
shall not relieve the Collecting Entity of liability for remittance of the tax to the city
unless the check is honored and is in the full and correct amount.
3. The Collecting Entity shall make out a return upon such forms as the Finance Director
may require, showing the amount of the tax upon admissions for which the Collecting
Entity is liable from the preceding monthly period, and shall sign and transmit the said
forms to the Finance Director, along with a remittance for said amount.
4. Whenever any theater, circus, show, exhibit, entertainment or amusement makes an
admission charge, and is subject to the tax levied in this chapter, and the same is of a
temporary or transitory nature, of which the Finance Director shall be the judge, the
Finance Director may require a report and remittance of the admission tax immediately
upon the collection of the same, at the conclusion of the performance or exhibit, or at the
conclusion of the series of performances or exhibits, or at such other times as the Finance
Director shall determine.
5. Whenever any Collecting Entity stops doing business,transfers ownership, or
otherwise terminates the business, any admission tax collected shall become due and
payable immediately, and the Collecting Entity shall submit a return form and pay the tax
due within ten (10) days of the termination of business.
6. Whenever it appears to the Finance Director that the collection of taxes from any
Collecting Entity may be in jeopardy,the Finance Director, after not less than ten(10)
days prior written notice to the Collecting Entity, may require that the Collecting Entity
remit taxes due at shorter intervals than otherwise prescribed in this chapter.
3.60.050 Certificate of registration. Application and issuance.
Any Collecting Entity shall procure from the Finance Director a certificate of registration, the fee
for which shall be as defined in the City's Fee Schedule, by applying on a form prescribed by the
Finance Director. Certificates of registration shall be valid for twelve months following the issue
date of the certificate of registration . Such certificate of registration shall be posted in a
conspicuous place where tickets of admission are sold.
3.60.060 Certificate of registration. Transitory events.
Whenever a certificate of registration is obtained for the purpose of operating or conducting a
temporary or transitory amusement, entertainment or exhibit by persons who are not the owners,
lessees or custodians of the building, lots or place where the amusement is to be conducted, the
tax imposed by this chapter shall be reported and remitted as provided for in this chapter by said
Ordinance No. 17- Page 4 of 7
Rev 1/15
owner, lessee or custodian, unless paid by the person conducting the place. The applicant for a
certificate of registration for such purpose shall furnish with the application therefor, the name
and address of the owner, lessee or custodian of the premises upon which the amusement is to be
conducted and such owner, lessee or custodian shall be notified by the Finance Director of the
issuance of such certificate, by mail or otherwise, and of the joint liability for collection and
remittance of such tax.
3.60.070 Record Keeping
1. Each Collecting Entity shall maintain records respecting that activity which truly,
completely, and accurately disclose all information necessary to determine the Collecting
Entity's tax liability. Such records shall be kept and maintained for a period of not less
than three (3)years.
2. All records required to be kept and maintained under this section shall be subject to
immediate inspection and audit at any time, with or without notice, at the place where
such records are kept upon the demand of the Finance Director, or his or her designee, for
the purpose of enforcing the provisions of this chapter.
3. Where a Collecting Entity does not keep all of the required records within the
boundaries of the city so that the auditor may examine them conveniently,the Collecting
Entity shall either:
A. Produce and make available for inspection within the city all of the required
records within ten (10) days following a request by the Finance Director or his or
her designee that the Collecting Entity do so; or
B. Bear the actual cost of inspection by the Finance Director or the designee at
the location where the records are located. The Collecting Entity shall pay in
advance to the Finance Director the estimated costs thereof, including, but not
limited to, round trip fare by the most rapid means, lodging, meals, and incidental
expenses. The actual amounts due or to be refunded for expenses shall be
determined following the examination of the records.
4. When an admission tax has not been remitted, or when a tax has been paid that is less
than that properly due,the Finance Director shall determine the amount of tax due and
mail a statement to the Collecting Entity, stating the balance due, including the tax
amount and any penalty assessments or fees. It shall be a separate, additional violation of
this chapter, both civil and criminal, if the collecting entity fails to make payment in full
within ten (10) calendar days of that mailing.
3.60.080 Adoption of additional rules and regulations.
Ordinance No. 17- Page 5 of 7
Rev 1/15
The Finance Director may adopt rules and regulations not inconsistent with the terms of this
chapter in order to administer the collection and remittance of the tax levied in this chapter. A
copy of such rules and regulations shall be on file and available for public examination in the
Finance Director's office. Failure to follow those rules established by the Finance Director shall
constitute a violation of this chapter.
3.60.080 Violation. Penalty.
Each violation or failure to comply with the provisions of this chapter constitutes a separate offense.,
conviction of which shall subject a violator to a fine not to exceed five hundred dollars per violation.
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, as provided by law.
Ordinance No. 17- Page 6 of 7
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:
ACTING CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 17- Page 7 of 7
Rev 1/15
COUNCIL MEETING DATE: 1(y[ h(,o� ?i - " ° ITEM#: _ c
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: PROPOSED WASHINGTON STATE PARKS AND RECREATION(DASH POINT STATE
PARK)SEWER LINE AND PARK UTILITIES FRANCHISE
POLICY QUESTION: Should the City grant the Washington State Parks and Recreation a Franchise to operate
and maintain a sewer line and other park utilities within certain rights-of-way and streets within the City of
Federal Way?
COMMITTEE:Finance/Economic Development/Regional Affairs Committee MEETING DATE:November 22,2016
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business El Resolution ❑ Other
STAFF REPORT B.Winkler,Deputy Public Works/Street Systems Manager DEPT:Public Works
Attachments:The proposed Franchise Ordinance for Washington State Parks and Recreation is attached.
Washington State Parks and Recreation had non-exclusive Franchise Ordinance for operating and maintaining a sewer
line and other park utilities within certain rights-of-way which expired July 24, 2016. The proposed Franchise
Ordinance will permit Washington State Parks and Recreation continued operation and maintenance of the sewer line
and other park utilities within rights-of-way and will expire 10 years from the effective date of the proposed Franchise
Ordinance with one additional 10 year renewal period.
Options Considered:
1. Recommend approval of the Franchise Ordinance and forward to the full Council for first reading at the
December 6,2016 meeting.
2. Recommend rejection of the Franchise Ordinance.
3. Recommend modification of the Franchise Ordinance and forward to the full Council for first reading at the
December 6,2016 meeting. ......
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: , 6 d ,,�i/A� DIRECTOR APPROVAL: \,..... %x\"Nk'�Co / 'Cou I I tial Date
Initial/D. / Initial/rate
CHIEF OF STAFF: ,h,1 .,J.
Co _ Counc
Ini��Date Initial/Date
COMMITTEE COMMEN ATION:I move to forwars the proposed ordinance to First Reading on December 6,2016.
A , '1 ail
Committee Chair i mmitte`e ember Committee Member
Co
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE(12/6/2016): "I move to forward approval of the proposed ordinance to the January 3, 2017
Council Meeting for enactment."
2ND READING OF ORDINANCE(1/3/17): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
O APPROVED COUNCIL BILL# — �.
El DENIED 1ST reading 12 1.0
❑ 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,
granting Washington State Parks and Recreation,a nonexclusive
franchise to occupy rights-of-way of the City of Federal Way,
Washington,within the specified franchise area for the purposes
of constructing,maintaining,repairing,operating,and removing
gravity sewer lines, and other utilities,with all connections and
appurtenances thereto, for State Park purposes within and
through the City of Federal Way.
WHEREAS,Washington State Parks and Recreation has requested a franchise from the City
of Federal Way,in order to construct,operate and maintain a sewer line connection and other utilities
for State Park purposes through certain public rights-of-way,including SR 509(Dash Point Road);
and
WHEREAS, on July 24, 2006, the City Council enacted Ordinance No. 06-529, granting
Washington State Parks and Recreation a nonexclusive franchise to construct, operating and
maintain a sewer line and other utilities for State Park purposes; and
WHERAS, Washington State Parks did construct utilities in City right-of-way and those
utilities continue to exist; and
WHEREAS, Ordinance No. 06-529 expired on July 24, 2016; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant
such a franchise,which will specify the rights and duties of Washington State Parks and Recreation;
and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets,bridges or other public ways for,inter alia,conduits,tunnels,
pipes and wires,and appurtenances for transmission and distribution of electrical energy,of signals
Ordinance No. 17- Page 1 of 17
Rev 1/15
and other methods of communications, for water, sewer and other private and publicly owned and
operated facilities for public service; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City"means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
" official capacity.
1.2 "Council"means the City of Federal Way Council acting in its of c ca
tY Y g P tY
1.3 "Director"means the Public Works Director,or designee,of the City of Federal Way
Public Works Department.
1.4 "Facilities"means Franchisee's equipment to be located within the public right-of-
way.
1.5 "FWRC"means the Federal Way Revised Code.
1.6 "Franchise Area"means only that portion of South West Dash Point Road rights-of-
way located in the City of Federal Way and shown in Exhibit A attached hereto, and/or any other
areas approved by the Federal Way City Council and incorporated into this Ordinance via
amendment.
1.7 "Franchisee"means Washington State Parks and Recreation,a State Agency,and its
Way provided in Section
respective successors and assigns if consented to by the City of Federal as
Y
p g Y Y p
24 herein.
Ordinance No. 17- Page 2 of 17
Rev 1/15
Section 2. Grant/Acceptance
2.1 Grant of Franchise.
The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area
for the limited purpose of constructing,excavating,installing,maintaining,restoring,and repairing
Facilities within the Franchise Area.This Franchise is specifically limited to the right for Franchisee
to install Facilities owned and operated by Franchisee.This Franchise does not permit Franchisee to
lease,rent,or otherwise allow use of conduits, space or capacity provided by the Facilities to other
third-party telecommunications providers,and Franchisee covenants and agrees that it will not do so.
2.2 Acceptance by Franchisee.Franchisee shall have no rights under this Franchise,nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within sixty (60) days after the effective date of this Franchise, file with the City its written
acceptance of this Franchise and all of its terms and conditions.
Section 3. Non-Franchise Area City Property
This Franchise does not and shall not convey any right to Franchisee to install its Facilities
on,under,over,across,or to otherwise use City-owned or leased properties of any kind outside the
i
Franchise Area, or to install Facilities on, under, over, across or otherwise use any City-owned or
leased property within the Franchise Area other than public roads, streets, avenues, alleys, and
highways.
Section 4. Term
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be for a period of ten(10)years commencing on the effective date of this Franchise,
unless terminated earlier pursuant to this Franchise or other applicable law. At any time not more
than two(2)years before the expiration of the Franchise or renewed term either party may request a
Ordinance No. 17- Page 3 of 17
Rev 1/15
renewal of the Franchise for an additional ten(10) year renewal period.
Section 5. Location of Facilities
5.1 Location. The Facilities permitted by this Franchise shall be installed underground.
The location of the Facilities,including any underground Facilities and appurtenances,their depths
below surface of ground or grade of a right-of-way, and any related existing equipment (such as
cellular antennae)to which the Facilities are connected shall be depicted on a map and submitted to
the City within thirty (30) days of the installation or modification of the Facilities. Upon written
request of the City,Franchisee shall update such map to reflect actual or anticipated improvements to
the system.Any such map(or update thereof)so submitted shall be for informational purposes only
and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be
construed as a proposal to undertake any specific improvements.
5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information
System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1
above in digital GIS format, showing the location of its Facilities within the Franchise Area.
5.3 Design Markings.In the event the City desires to design new streets or intersections,
renovate existing streets, or make any other public improvements, Franchisee shall at the City of
Federal Way's reasonable request,provide the location of Franchisee's underground Facilities within
the Franchise Area by either field markings or by locating the Facilities on the City's design
drawings, and shall provide all other reasonable cooperation and assistance to the City.
Section 6. Noninterference of Facilities
Franchisee agrees to maintain its Facilities and perform any and all activities authorized by
this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in
accordance with the laws of the State of Washington and City Code requirements, Franchise
Ordinance No. 17- Page 4 of 17
Rev 1/15
provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as
required by the Director.This requirement applies whether the work is performed by the Franchisee,
its agents, employees, subcontractors, or other third parties at Franchisee's direction.
Section 7. Requirement to Obtain Permits
7.1 Permits and Permit Applications.
Franchisee shall,at its expense,obtain all permits,including rights-of-way permits,and pay
all permit fees required by applicable City ordinances, regulations, resolutions, and rules prior to
commencing any work within the Franchise Area. Franchisee permit applications shall show the
position and location of the proposed facilities to be constructed, laid, installed, or erected at that
time, show their relative position to existing rights-of-way or property lines upon prints drawn to
scale, designate rights-of-way by their names and improvements, such as, but not limited to,
sidewalks,curbs,gutters,shoulders of roadway,ditches,paved roadways,roadways to property lines,
turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the
ground to be occupied,or as required by the Director.The Franchisee shall specify the class and type
of materials to be used,equipment to be used,and mode of safeguarding and facilitating the public
traffic during construction. Materials and equipment shall be in new or like-new condition for its
type and kind. The manner of excavation, construction, installation, backfill, and temporary
structures such as,but not limited to,traffic turnouts and road obstructions shall meet the standards
of the FWRC and be satisfactory to the Director. All traffic control shall be in accordance with the
right-of-way permit,and shall be in accordance with the Manual on Uniform Traffic Control Devices
("MUTCD"). The Franchisee shall indicate on any permit application the time needed to complete
the work. The time needed to complete the work is subject to approval by the City as a condition of
the issuance of the permit or approval.
Ordinance No. 17- Page 5 of 17
Rev 1/15
7.2 Emergency Exception to Permit Requirement.
In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in
a condition as to immediately endanger the property, life, health, or safety of any individual,
Franchisee may take action immediately to correct the dangerous condition without first obtaining
any required permit so long as: (1) Franchisee informs the City of the nature and extent of the
emergency, and the work to be performed, prior to commencing the work; and (2) such permit is
obtained by Franchisee as soon as practicable following cessation of the emergency.
Section 8. Standard of Performance
The Franchisee shall not excavate for a distance of more than one hundred feet(100')without
immediately backfiiling and compacting to surface grade and City standards.Backfilled trench areas
within a driving lane must be patched,either temporarily or permanently,before the end of the work
day in which they have been opened.Trench areas within the right-of-way,but not with in a driving
lane,must also be patched within the time limits specified by the City on the right-of-way use permit.
Final surface restoration shall be completed within thirty (30) days and shall be equal to or better
than the surface condition prior to permit issuance.
Any asphalt overlay completed within the Franchise Area during the five (5) year-period
immediately prior to the date of permit application shall not be open cut by Franchisee unless
required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall
install new asphalt overlay on any street that is open cut,whether in an emergency or otherwise,for a
minimum of one (1)block (approximately 500 feet) in length in both directions from the open cut,
unless determined otherwise by the Director.
Within fifteen(15)days of completion of any installation of Franchisee's Facilities within the
Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer
Ordinance No. 17- Page 6 of 17
Rev 1/15
licensed by the State of Washington, showing the "as-built" location of the Facilities.
Section 9. Survey Markers and Monuments
Franchisee shall,using a licensed surveyor, immediately replace all markers or monuments
disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs
associated with such lost, destroyed or disturbed monuments or markers.
Section 10. Surface Markings/Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area,Franchisee
shall reference all monuments and markers relating to subdivisions, plats, highways, and other
surveys. The reference points shall be located so that they shall not be disturbed during the
Franchisee's operations under this Franchise. The method of referencing these monuments or other
points shall be approved by the City before placement. The construction shall be made as
expeditiously as conditions permit, and as directed by the City. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be
borne solely by the Franchisee.A complete set of reference notes for monuments and other ties shall
be filed with the City.
Section 11. Right of City to Complete Work
In the event Franchisee fails to comply with any applicable federal, state or city laws,
ordinances, rules, regulations, or standards or with any of the terms of this Franchise, and such
noncompliance continues for a period of ten(10)days after Franchisee receives written notice from
the City regarding the noncompliance,the City may,but in no event is the city obligated to,order any
work completed,including without limitation Franchisee's obligation to repair pursuant to Section
13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein.
If the City causes such work to be done by its own employees or by any person or entity other than
Ordinance No. 17- Page 7 of 17
Rev 1/15
Franchisee,Franchisee shall,upon the City's written request,immediately reimburse the City for all
reasonable costs and expenses incurred by the City in having such work performed,which costs may
include the City's reasonable overhead expenses and attorney's fees; however, the City shall not
have any electrical work accomplished by any person or entity other than Franchisee or a qualified
and licensed electrical contractor.
Section 12. Required Relocation of Facilities
12.1 City Reservation of Rights.The City reserves the right to use,occupy and enjoy all or
any part of the Franchise Area,either above,below,or adjacent to the Facilities,for any purpose that
is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein
include,without limitation,the construction,installation,and/or maintenance of any electrical,water,
sewer or storm drainage line,traffic signals,street lights,trees,landscaping,bicycle paths and lanes,
equestrian trails,sidewalks,other pedestrian amenities,and other public street improvement projects.
This Franchise is not an exclusive Franchise and shall not be construed to in any manner
prohibit the City from granting other and further Franchises in, under, over, upon, and along the
Franchise Area, nor from exercising such other powers and authorities granted to the City by the
Washington State Constitution and general law.
12.2 City's Duties. In the event the City undertakes any work, including necessary
maintenance within a right-of-way in which Franchisee's facilities are located, and such work
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area,the City
shall:
(a) Provide written notice of the required relocation to Franchisee within a
reasonable time prior to the commencement of such City work; and
(b) Provide Franchisee with copies of pertinent portions of the City's plans and
Ordinance No. 17- Page 8 of 17
Rev 1/15
specifications so that Franchisee may relocate its Facilities to accommodate the City work
Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to
relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on
behalf of, the City in the interest of public health, safety, welfare, necessity, or convenience, as
adjudged in the sole discretion of the City.
12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under
Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to
Subsection 12.2(b),Franchisee shall raise,lower,or move such Facilities within the Franchise Area
at its sole cost and expense to the location or position directed by the City, to cause the least
interference with the improvement,repair,or alteration contemplated by the City and to conform to
such new grades as may be established. If the City improves a right-of-way, Franchisee shall,at its
sole cost and expense,upon receipt of notice,replace the Facilities located in the improved subgrade
of the improvement with substitute Facilities conforming to the specifications for the improvement
of the right-of-way.
Section 13. Damage Repair
In case of damage by the Franchisee, its agents or employees or by the Facilities of the
Franchisee to rights-of-way, or to public and private improvements within or adjacent to rights-of-
way,the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall,
upon discovery of any such damage,immediately notify the City.The City will inspect the damage,
and set a time limit for completion of the repair. If the City discovers damage caused by the
Franchisee to rights-of-way, or to public and private improvements within or adjacent to rights-of-
way, the City shall give the Franchisee notice of the damage and set a time limit in which the
Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an
Ordinance No. 17- Page 9 of 17
Rev 1/15
improvement as required in this section, the City may repair the damage pursuant to Section 11 of
this Agreement.
Section 14. Default
14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall
fail to comply with any of the provisions of this Franchise, the City may serve a written notice to
Franchisee ordering such compliance and Franchisee shall have sixty(60)days from the receipt of
such notice in which to comply.
14.2 Revocation of Franchise.If Franchisee is not in compliance with this Franchise after
the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise
immediately revoked.
Section 15. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
Section 16. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law,all or a portion of Franchisees Facilities within the Franchise Area
for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Area conferred by this Franchise.
Section 17. Vacation
If at any time the City,by ordinance,vacates all or any portion of the Franchise Area,the City
will not be liable for any damages or loss to the Franchisee by reason of such vacation.The City shall
notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise
Ordinance No. 17- Page 10 of 17
Rev 1/15
Area.The City may,after thirty(30)days written notice to Franchisee,terminate this Franchise with
respect to any such vacated area.
Section 18. Compliance with Laws
18.1 General. Franchisee shall comply with all applicable federal, state and City laws,
franchises,resolutions,regulations,standards,policies and procedures,as now existing or hereafter
amended or adopted, including without limitation the State Environmental Policy Act; provided,
however,that if any term or condition of this Franchise and any term or condition of any City law,
code, franchise, resolution,regulation, standard,procedure,permit, or approval are in conflict,the
term or condition of this Franchise will control.
18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may
develop rules,regulations,ordinances,and specifications for the use of the right-of-way which shall
govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this
Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.
Section 19. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of 10 years against settlement or repair.
Section 20. Charge for Administrative Costs
Franchisee agrees to pay a fee or a charge of One Thousand and No/100 Dollars($1,000.00)
to recover the administrative expenses incurred by the City that are directly related to preparing and
approving this Franchise.Nothing herein shall preclude the City from charging administrative fees or
recovering any administrative costs incurred by the City in the approval of permits or in the
supervision,inspection,or examination of all work by Franchisee in the Franchise Area as prescribed
in accordance with applicable provisions of the Federal Way Revised Code.
Ordinance No. 17- Page 11 of 17
Rev 1/15
Section 21. Indemnification
Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials,
officers, employees, agents, and volunteers from any and all claims, demands, losses, actions, and
liabilities(including costs and all attorneys' fees)to or by any and all persons or entities, including,
without limitation,their respective agents,licensees,or representatives,arising from,resulting from,
or connected with this Franchise to the extent caused in part or in whole by the acts, errors or
omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the
Franchisee's breach of any provisions of this Franchise;provided,however,that this section shall not
be construed as requiring Franchisee to indemnify,hold harmless or defend the City against claims or
damages arising from the negligence of the City, its agents or employees to the extent allowed by
law. In the event any claim, demand, suit or action is commenced against the City that gives rise to
Franchisee's obligation pursuant to this Section 21,the City shall promptly notify Franchisee thereof.
Franchisee's selection of an attorney to defend any such claim, demand, suit, or action shall be
subject to the City's approval,which shall not be unreasonably withheld.Franchisee shall not settle
or compromise any such suit or action except with prior written consent of the City,which shall not
be unreasonably withheld. The City shall have the right at all times to participate through its own
attorney in any suit or action which arises pursuant to this Franchise when the City determines that
such participation is required to protect the interest of the City or the public. In the event it is
determined that RCW 4.24.115 applies to this Franchise,Franchisee agrees to defend,hold harmless
and indemnify the City to the maximum extent permitted thereunder, to the full extent of
Franchisee's negligence.
Section 22. Insurance
The Washington State Parks and Recreation Commission, an agency of the State of
Ordinance No. 17- Page 12 of 17
Rev 1/15
Washington, warrants that it is self-insured against liability claims in accordance with the risk
management and tort claims statutes, including RCW 4.92 and RCW 43.21.280 et seq
Section 23. General Provisions
23.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Franchise and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
23.2 Modification.No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
23.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in
part,any or all of its obligations and rights hereunder without the prior written consent of the City.
Any assignee shall,within thirty(30)days of the date of any approved assignment,file written notice
of the assignment with the City together with its written acceptance of all terms and conditions of
this Franchise.Notwithstanding the foregoing,Franchisee shall have the right,without such notice or
such written contest,to mortgage its rights,benefits and privileges in and under this Franchise to the
Trustee for its bondholders.
23.4 Attorneys'Fees.In the event the City or the Franchisee defaults on the performance of
any terms in this Franchise,and the Franchisee or the City places the enforcement of the Franchise or
any part thereof or for the collection of any monies due,or to become due hereunder,in the hands of
an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all
reasonable attorneys' fees, costs, and expenses. The venue for any dispute related to this Franchise
shall be King County, Washington.
23.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof,or delay in taking any action in connection therewith,shall
Ordinance No. 17- Page 13 of 17
Rev 1/15
not waive such breach or default, but such party shall have the right to declare any such breach or
default at any time.Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
23.6 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
23.7 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
23.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
Franchisee: City:
Washington State Parks and Recreation City of Federal Way
7150 Cleanwater Lane Attn: City Attorney
P.O. Box 42650 33325 8th Avenue South
Olympia, WA 98504-2650 Federal Way,
WA 98003
Any notices may be delivered personally to the addressee of the notice or may be deposited in
the United States mail,postage prepaid,to the address set forth herein. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of mailing.
23.9 Captions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
23.10 Remedies Cumulative.Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City
at law, in equity or by statute.
Ordinance No. 17- Page 14 of 17
Rev 1/15
Section 24. Severability
If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or
unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
Franchise.
Section 25. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 26. Effective Date
This Franchise shall take effect and be in full force thirty (30) days after its passage and
publication,according to law(see Effective Date below).
PASSED by the City Council of the City of Federal Way this day of
201_.
[signature page to follow]
Ordinance No. 17- Page 15 of 17
Rev 1/15
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY,
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted License and
and limited by all of the terms,conditions
acknowledges that such rights and privileges are subject to an y ,
and obligations contained therein.
DATED this day of , 201_.
By:
Y
Its:
Ordinance No. 17- Page 16 of 17
Rev I/15
EXHIBIT A
LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA
SEE ATTACHED
Ordinance No. 17- Page 17 of 17
Rev 1/15
Attachment A
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Franchise Area
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