Council PKT 03-21-2017 RegularCITY OF
Federal Way
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
March 21, 2017 — 7:00 p.m.
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Mayoral Proclamation: Welcoming City
b. First Princess of Washington State — Ms. Salome Munyaka
c. Mayor's Emerging Issues and Report
• City of Federal Way's Credit Rating — Finance Director Ade Ariwoola
• Dash Point Road Mudslide Update — Marwan Salloum, Public Works Director
• Neighborhood Connections Meeting — Spring 2017
• Assistant Fire Chief Ed Plumblee Retirement
• Community Meetings: Chamber Quarterly Briefing (3/15); SCA Board Meeting (3/22); Visit
from TAF (Technology Access Foundation) Academy Students
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: March 7, 2017 Special and Regular Meetings ...page 4
b. SW 320th St and S Marine Hills Way Pipe Repairs — Project Acceptance ...page 13
c. 2016 Pedestrian Improvement Program — Final Acceptance ...page 15
d. 2017 Asphalt Overlay Project Bid Award ...page 17
e. NPDES Annual Report and Surface Water Management Program Update ...page 24
f. Amendment No. 2 to License Agreement between Balli Road, LLC and the City of
Federal Way ...page 59
g. Agreement with Public Health Seattle & King County ...page 63
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.
WebEOC Government Entity User Agreement ...page 84
2016 Emergency Management Performance Grant ...page 90
Increase to Housing Repair Dollar Limit ...page 122
Authorization to Allocate Funds for the Parks, Recreation and Open Space Plan
...page 124
6. PUBLIC HEARING
a. 2016 Program Year Consolidated Annual Performance & Evaluation Report
(CAPER) ...page 125
• Staff Report: Sarah Bridgeford, Human Services Coordinator
• Citizen Comment
• Council Questions
7. COUNCIL BUSINESS
a. Confirmation of City Attorney ...page 166
City Rebranding — Council Reconsideration ...page 167
8. ORDINANCES
First Reading
a. Council Bill #721 /Proposed Changes to the Speed Limit Ordinance — State
Routes ...page 168
AN ORDINANCE of the City of Federal Way, Washington, relating to speed limits;
amending FWRC 8.30.040. (Amending Ordinance Nos. 15 -807, 13 -740, 10 -675, 10 -669,
10 -668, 03 -449, 00 -364, 96 -259, 93 -177, and 90 -29)
b. Council Bill #722 /Amending FWRC 4.25.030 and Adding a New Chapter 4.22
FWRC Relating to Franchise and Application Requirements to Allow Service
Providers to Utilize City Right -of -Way ...page 175
AN ORDINANCE of the City of Federal Way, Washington, relating to franchise and
application requirement under Chapter 35.99 RCW for service providers to utilize City
city -of -way; amending FWRC 4.25.030; and adding new Chapter 4.22. (Amending
Ordinance Nos. 08 -578 and 90 -50)
9. COUNCIL REPORTS
10. EXECUTIVE SESSION
• Potential Litigation Pursuant to RCW 42.30.110(1)(i)
11. ADJOURNMENT
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.
CITY OF
�. Federal Way
PROCLAMATION
"Welcoming City"
WHEREAS, the City of Federal Way, Washington recognizes that cities that proactively
welcome immigrants and create opportunities for our new neighbors to pursue their version
of the "American Dream" will be strategically positioned as globally competitive in the 21st
century; and
WHEREAS, the City of Federal Way is committed to building a welcoming community,
where all people including recent immigrants, are welcome, accepted, and integrated; and
WHEREAS, our city efforts and policies promoting full access for all, including recent
immigrants, are crucial to individual and community success; and
WHEREAS, policies that discourage opportunities for new ideas and contributions to our
community hinder Federal Way's prosperity and compromises our steadfast commitment to
the timeless American values of "Life, Liberty, and the Pursuit of Happiness"; and
WHEREAS, fostering a welcoming environment for all our residents and visitors; regardless
of race, ethnicity or place of origin, or sexual orientation or identity; enhances Federal Way's
cultural fabric, economic growth, regional and global competiveness, and overall prosperity
for current and future generations; and
WHEREAS, the City of Federal Way has a strong history of Human Services and Human
Rights through commissions like our original Human Rights Commission, our current
Human Services Commission, our Diversity Commission, and our Arts Commission which
have worked to ensure full support and equal access to opportunity for our newest immigrant
residents and all who call Federal Way home.
NOW, THEREFORE, I, the undersigned Mayor of the City of Federal Way, do hereby
proclaim that Federal Way is a Welcoming City.
SIGNED this 21st day of March 2017.
City ofFederal Way Mayor
Jiirr. Ferre14 Mayor
COUNCIL MEETING DATE: March 21, 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 March 7, 2017 Regular and
Special City Council Meetings.
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent
n City Council Business
II
Ordinance
Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Attachments:
DEPT: Mayor's Office
Draft minutes for the March 7, 2017 Regular and Special City Council Meetings
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL:
N/A N/A
Committee Council
Initial/Date Initial/Date
CITY CLERK APPROVAL:
lnttial73ate
COMMITTEE RECOMMENDATION: N/A
N/A N/A N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 12/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINTUES
Council Chambers - City Hall
March 7, 2017 — 5:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 5:36 p.m.
CRAFT
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark
Koppang, and Councilmember Dini Duclos.
City staff in attendance: Acting City Attorney Mark Orthmann and City Clerk Stephanie Courtney.
Mayor Ferrell excused Councilmember Moore's absence this evening.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. STUDY SESSION: Small Cell Technology and Proposed Legislation — Senate
Bill #5711
Acting City Attorney Mark Orthmann introduced Daniel Kenny, Ogden Murphy Wallace who briefed
the Council on this new technology and proposed legislation regarding the use this technology (small
cell) in the city rights -of -way.
4. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:12 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page I ?t I
March 7, 2017
CITY OF
.t Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
March 7, 2017 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:07 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark
Koppang, and Councilmember Dini Duclos.
City staff in attendance: Acting City Attorney Mark Orthmann and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. MAYOR'S KEY TO THE CITY — RUDI ALCOTT
Mayor Ferrell read and presented Rudi Alcott with the Mayor's Key to the City. He thanked Mr. Alcott
for his commitment to bring the news to our residents, his service to the citizens of Federal Way and
the Chamber of Commerce. Mayor Ferrell noted Mr. Alcott has personally sponsored political debates
so that the residents can make informed choices. His voice of reason and accountability will continue
to have a positive impact on the community for years to come.
Mr. Alcott thanked the Mayor and Council and all those who attended tonight to support him.
At 7:20 p.m. Mayor Ferrell announced a brief recess for reception honoring Federal Way Mirror
Publisher Rudi Alcott. Mayor Ferrell resumed the meeting at 7:38 p.m.
Mayor Ferrell announced Councilmember Moore is excused due to a work conflict and may join
the meeting at a later time.
4. PRESENTATIONS
a. Presentation of Funds from Oktoberfest — Kiwanis Club (postponed from February 21, 2017
Regular Meeting)
Councilmember Honda asked Kevin Hutchinson and the Noon Kiwanis members come forward to
present a check from the Oktoberfest. Mr. Hutchinson, the City's Inclusion Coordinator, thanked
Kiwanis for this partnership which raised over $13,000 for programs at the Community Center.
Federal Way City Council Regular Minutes Page 1 of
March 7, 2017
b. Bridging A Gap (BAG) Weekend Feeding Program Presentation
Ms. Valerie Danforth spoke regarding the BAG program. She noted this program serves hundreds of
students who would otherwise go without food on weekends and school breaks. Healthy food is
collected and distributed with the use of regular backpacks to students in need on the free and
reduced lunch program.
c. Certificate of Appointment — Diversity Commission
Councilmember Koppang read the Certificate of Appointment for Timothee Dettweiler as a voting
member to the Diversity Commission.
d. Mayor's Emerging Issues and Report
Mayor Ferrell noted State Representative Kristine Reeves and Mike Pellicciotti will be hosting their
first Town Hall Meeting this Saturday at the Federal Way Senior Center at 10:00 a.m. He encouraged
anyone interested in speaking and sharing concerns to attend the meeting, and to hear about what
the Representatives are working on.
• Federal Way Historical Society — Diane Noble - Gulliford & Dick Castor
Federal Way Historical Society Members Dick Castor and Diana Noble - Gulliford spoke and distributed
the new book regarding the history of the Brooklake Community Center. Mr. Castor highlighted the
many uses the property has seen and the history of the area. The building, which is located in the
southern part of the city, was built between 1929 -1934. The property currently includes approximately
3 acres. Ms. Noble - Gulliford spoke about the book and in appreciation to the Mayor and Council for
their continued support of preserving Federal Way's past for future generations.
• Update on 40 Acres on IRG Property
Mayor Ferrell briefly noted the city is working with King County and Forterra regarding preservation
efforts for the 40 acres on North Lake. He is encouraged by the support he has received and will
continue to pursue this initiative.
• Safe & Quiet Skies Initiative
Mayor Ferrell noted the first meeting of the Safe & Quiet Skies Task Force will be Thursday, March 9th
at City Hall. This group will be researching and looking into the impact the Port of Seattle and SeaTac
Airport has on neighborhoods and provide recommendations for mitigation efforts.
• Report on Community Events
Mayor Ferrell reported on attending various community events including the Ribbon Cutting for the
Federal Way Licensing Services; the Kiwanis Club Morning Group; Friends of Scouting Breakfast and
the Federal Way Chamber Lunch.
5. CITIZEN COMMENT
Debra Hanson thanked Mayor Ferrell and Council for supporting the King County Prioritization of
Conservation Future Funds for the 40 acres currently owned by Industrial Realty Group (IRG). She
questioned the current vision for the city and shared her vision.
Steve Hootman, Executive Director and Curator of the Rhododendron Botanical Garden, shared that
the garden wins worldwide competitions as the best rhododendron garden and the Pacific Bonsai
Federal Way City Council Regular Minutes Page 2 of 7
March 7, 2017
Museum is renowned in North America. He feels these gardens have put Federal Way on the map
around the world and petitioned that they remain.
Richard Pierson expressed gratitude to Mayor Ferrell, Council, and city staff for efforts made towards
the acquisition of shoreline property on North Lake.
Michael Kun spoke against the rebranding efforts due to the large financial impact and recounted past
rebranding efforts.
Roxy Murray informed Mayor Ferrell and Council of Puget Sound Energy's proposal to build a fossil
fuel plant in Tacoma. She shared facts regarding the risks and requested support against the
proposal.
Bob Darrigan shared the Lion's Club Centennial Motto of "Where ever there is a need, there is a
Lion ". He highlighted that the service club is celebrating their 63rd anniversary and will host events
and fundraisers in the near future.
TaShawna Nash expressed gratitude for the city's efforts towards land conservation of the North Lake
shoreline. She spoke regarding the history and mission of Forterra.
Councilmember Moore joined the meeting at 8:33 p.m.
Joann Piquette shared dates for both a birthday celebration and a separate celebration of life for Fred
Oldfield. Additionally, Robert McPherson will be presenting "The Drunken Tenor" at the Seattle Center
Fringe Festival.
Lori Sechrist thanked the Mayor and Council for taking action on behalf of the citizens of Federal
Way. She also shared appreciation for Chief of Police Hwang for attending the North Lake
Community Annual Meeting.
Michael Brown joined in the expression of gratitude for staff and Council support in moving towards
conserving lakeside property. He believes the former Weyerhaeuser Campus should continue to be
the crown jewel of Federal Way.
Cindy Flanagan came forward to celebrate the actions of King County, Federal Way, and Forterra in
coming together to acquire the 53.8 acres of the western shoreline of North Lake. She also thanked
the Public Works Department for the work they did on the King County Conservation Futures Fund
application.
Suzanne Vargo is encouraged and reiterated the importance the Puget Sound Basin Plan. She stated
the east branch of the Hylebos has had few improvements done in the last 26 years and asked the
council to reinstate "Friends of the Hylebos".
Zakaria Abdelalim, originally from Morocco, expressed gratitude for the opportunity to speak directly to
the mayor and Council in this fashion; it is unique to America. He spoke in regards to Sound Transit
Light Rail as well as intersection changes at South 320th Street and 11th Avenue South.
Mayor Ferrell asked Public Works Director Marwan Salloum to speak about the changes
made to the signaling at 11th Avenue South and South 320th Street (Uptown Project). Mr.
Salloum indicated that the changes were necessary due to the changes in traffic patterns as a
result of the bus barn being replaced by apartments. Instead of a three - legged intersection, it
is now considered a four - legged intersection which resulted in the double left turn no longer
Federal Way City Council Regular Minutes Page 3 of 7
March 7, 2017
being feasible. Staff is attempting to obtain grant money to invest in changes to this
intersection, but this is not likely to be executed until 2018 or 2019.
6. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought
before full Council for approval: all items are enacted by one motion. Individual items may be removed by a
Councilmember for separate discussion and subsequent motion.
a. Minutes: Council Retreat Summary February 4, 2017; City Council Special and
Regular Meetings February 21, 2017
b. Monthly Financial Report — December 2016
c. Vouchers — December 2016
d. 2017 Tourism Enhancement Grant (TEG) Awards
Deputy Mayor Burbidge pulled Consent Item (d)12017 Tourism Enhancement Grant (TEG) Awards for
potential conflict of interest. She noted she would be recusing herself.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -C 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 Celski yes Councilmember Duclos yes
Councilmember Honda yes
COUNCILMEMBER DUCLOS MOVED APPROVAL OF CONSENT AGENDA ITEM D AS
PRESENTED; COUNCILMEMBER HONDA SECOND. The motion passed 6 -0 as follows:
Deputy Mayor Burbidge recused Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
7. COUNCIL BUSINESS
a. Performing Arts & Event Center — Authorize Purchase of AudienceView Ticketing and
Event Management Software
Performing Arts and Event Center (PAEC) Executive Director Theresa Yvonne gave a brief report on
the ticketing and event management software selected for the PAEC as reported at the Finance,
Economic Development and Regional Affairs Council Committee Meeting. She noted in January
2017, staff issued a Request for Bids (RFB) for ticketing and event management software. After
review of the five bids received, three bids were deemed responsive, responsible bidders.
AudienceView is the lowest responsive, responsible bidder, and includes a website component which
is highly desirable.
Councilmembers thanked Ms. Yvonne for her presentation and asked clarifying questions.
COUNCILMEMBER DUCLOS MOVED TO AUTHORIZE STAFF TO AWARD THE PERFORMING
ARTS AND EVENT CENTER TICKET AND EVENT MANAGEMENT SOFTWARE CONTRACT TO
AUDIENCEVIEW AND AUTHORIZE THE MAYOR TO EXECUTE THE SAME; COUNCILMEMBER
MOORE SECOND. The motion passed unanimously as follows:
Federal Way City Council Regular Minutes Page 4 of 7
March 7, 2017
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
b. Branding Presentation — Final Options
Senior Advisor Steve McNey introduced Rusty George and Jenny Carr of Rusty George Creative. Mr.
George presented three final options to the City Council. He noted there were minor changes made
the final two designs as well as a refreshed current logo option. Mr. George reviewed the next steps
and also answered questions regarding the entire process to date. Ms. Carr reviewed the budget and
what has been invoiced to date for the research, interviews and design work.
Councilmembers asked clarifying questions regarding the logos presented. Councilmembers also
provided history and background of why the city is currently considering a new logo and rebranding
efforts.
Councilmembers favored the refreshed current logo and option one (patriotic logo with red, white and
blue colors) noting the strong importance of veterans in our community and being an "All- American"
city. Councilmember Honda and Councilmember Koppang preferred the refreshed logo which would
have fewer implementation costs.
Councilmembers also suggested an advertising campaign include all city partners including the
school district, fire department, Chamber of Commerce and Lakehaven.
Mr. McNey answered various questions regarding the remaining budget and implementation costs
for signs, vehicles, flags and paper products, all which could be done over a time span. Mr.
George answered questions regarding media and digital advertising.
Councilmembers continued to discuss the options and a direction moving forward.
DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULES OF PROCEDURE TO
ALLOW THE MEETING TO CONTINUE PAST 10:00 P.M.; COUNCILMEMBER KOPPANG
SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
In response to more specific design questions, Mr. George noted any changes would incur additional
costs. The Council also discussed bringing these options to the citizens for input and feedback as
discussed at a previous meeting.
COUNCILMEMBER DUCLOS MOVED TO APPROVE OPTION 1 (PATRIOTIC LOGO /RED, WHITE
AND BLUE) ALONG WITH THE TAGLINE PRESENTED "CENTERED ON OPPORTUNITY ";
COUNCILMEMBER CELSKI SECOND. The motion passed 5 -2 as follows:
Deputy Mayor Burbidge yes Councilmember Koppang no
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda no
Federal Way City Council Regular Minutes Page 5 of 7
March 7, 2017
Following the motion Council asked for next steps moving forward. Ms. Carr noted the firm will finalize
the design guidelines and files for the digital images and marketing plan. She will work with Mr.
McNey on the roll out plan. A press release and notice will go to the paper.
c. Proposed Council Rule Governing Use of Electronic Communications
Acting City Attorney Mark Orthmann, briefly reviewed this Business Item which would establish a rule
limiting the number of Councilmembers who can be included in a single electronic communication. He
noted the main reason this has been brought forward is the concern for the potential of an Open
Public Meetings Act (OPMA) violation.
Mr. Orthmann explained further, noting if one Councilmember emails the entire Council, they
effectively monopolize the conversation and in order to comply with the OPMA, Councilmembers
receiving the email are not allowed to respond. He clarified, dissemination of information is allowed,
however conversations and discussions regarding city business without a properly noticed meeting
would be considered a violation.
The proposed change is reflected as the following:
17.2 Electronic communications that do not relate to the functional responsibility of the recipient or sender as
a public official, such as meeting notices, reminders, telephone messages and informal notes, do not
constitute a public record. All other messages that relate to the functional responsibility of the recipient
or sender as a public official constitute a public record.
All electronic communications, whether concurrent or serial, must be considered in light of the Open
Public Meetings Act. No Councilmember shall communicate electronically to more than two other
Councilmembers in the same correspondence. This does not apply to communications limited to the
purpose of calling special and emergency meetings. If the intended purpose of the electronic
communication is to have a discussion that should be held at an open meeting, the electronic
discussion should not occur. Further, the use of electronic communication to form a collective decision
of the Council violates the Open Public Meetings Act.
DEPUTY MAYOR BURBIDGE MOVED TO AMEND SECTION 17.2 OF THE CITY OF FEDERAL
WAY CITY COUNCIL RULES OF PROCEDURE AS PROPOSED IN THE WRITTEN MATERIALS
SUBMITTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
8. COUNCIL REPORTS
Councilmember Duclos thanked the individuals who attend the meetings in support of the former
Weyerhaeuser property. She appreciates their passionate, thoughtful, and tenacious approach.
Councilmember Moore noted that it is a critical time for Federal Way and it means a lotto see citizens
come out and advocate for various situations and causes within the city.
Councilmember Koppang served with the Family Life Community Church and encouraged the
community to find opportunities to serve. He also reported that the flag on the former - Weyerhaeuser
property will not be flying until June due to necessary flag pole repairs.
Federal Way City Council Regular Minutes Page 6 of 7
March 7, 2017
Councilmember Honda thanked the Federal Way Historical Society for their presentation, book, and
display at City Hall. She reported on events she attended including the Pac 12 event the Boy Scout
Breakfast with the Mayor, and reading to students at Olympic View Elementary. She concluded by
providing an update on the progress of Homeless Mothers and Children's Initiative.
Councilmember Celski indicated that he and his wife will be traveling to Europe to support their son
who will be competing on the United States National Team in the Short Track Speed Skating Event.
Councilmember Assefa- Dawson shared that she also was able to serve that the Reach Out shelter
and expressed her surprise at how many individuals attended. She has met with community members
and is disheartened by the fear they are feeling; she wants Federal Way to be compassionate, caring,
and embracing.
Deputy Mayor Burbidge reported that the Lodging Tax Advisory Committee will conduct their retreat
tomorrow. She reiterated that Federal Way -grown Robert McPherson will be performing March 31 at
the Seattle Center. She expressed her excitement for the city's attempts to preserve land and their
work with Forterra (was previously known as Cascade Land Conservancy).
9. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:44
p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 7 of 7
March 7, 2017
COUNCIL MEETING DATE: March 21,2017 ITEM#: 5b
...................................... ...
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SW 320t1' St and S Marine Hills Way Pipe Repairs—Project Acceptance
POLICY QUESTION: Should the City Council accept the SW 320th St and S Marine Hills Pipe Repairs Project
constructed by Insituform Technologies, LLC. as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 6,2017
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
i
STAFF REPORT BY: Tony...Doucette,.._P.E.,.._SWM Project Englneer DEPT: Public Works......................_..............._............................................_.............................................___..................................................._.................._._
.. .. .. .. .... .. ..... .. .. ... ... ..
Attachments:
Land Use and Transportation Committee memorandum dated March 6, 2017.
Options Considered:
1. Authorize final acceptance of the SW 32011' St and S Marine Hills Way Pipe Repairs Project constructed
by Insituform Technologies LLC., in the amount of$63,084.64, as complete.
2. Do not authorize final acceptance of the completed SW 320th St and S Marine Hills Way Pipe Repairs
Project constructed by Insituform Technologies LLC as complete and provide direction to staff.
.......................................................
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 21, 2017 City
Council Consent Agenda for approval
MAYOR APPROVAL: qe, ���/0/'7 ��•' �1 DIRECTOR APPROVAL: 21)1'11
ommitt Conn / nitial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 21, 2017 City Council consent
agenda for approval.
,..4 ,,,, ., 4
Committee Chair Committee -'•ber Committ e ember
'
PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the SW 320`h St and S Marine Hills
Way Pipe Repairs Project constructed by Insituform Technologies, LLC., in the amount of$63,084.64, as
complete. "
(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—11/2016 RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: March 6,2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
Marwan Salloum, P.E., Public Works Director
FROM: Theresa Thurlow, P.E., Surface Water Manager
Tony Doucette, P.E., SWM Project Engineera)
SUBJECT: SW 320"St and S Marine Hills Way Pipe Repairs—Project Acceptance
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The SW 320t1i St and S Marine Hills Way Pipe Repairs Project constructed by Insituform
Technologies, LLC. is complete. The final contract amount is $63,084.64. This is $34,310.36 below the
$97,395.00 (including contingency) budget that was approved by the City Council on August 9, 2016.
cc: Project File
Day File
COUNCIL MEETING DATE: March 21,2017 ITEM#: 5C
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2016 PEDESTRIAN IMPROVEMENT PROGRAM—FINAL ACCEPTANCE
POLICY QUESTION: Should the Council accept the 2016 Pedestrian Improvement Program constructed by R.
W. Scott Construction as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 6,2017
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jeff Huynh, Street Systems Engineer DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated March 6,2017
Options Considered:
1. Authorize final acceptance of the 2016 Pedestrian Improvement Program constructed by R. W. Scott
Construction in the amount of$527,008.62 as complete.
2. Do not authorize final acceptance of the completed 2016 Pedestrian Improvement Program constructed
by R. W. Scott Construction as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the March 21, 2017 Council
Consent Agenda for approval.
MAYOR APPROVAL: ,'' 97 / , „9-� DIRECTOR APPROVAL: 3c.■ 2-'23'11
mmittee C uncil 7 nitiailDate
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 21, 2017 consent agenda for
approval.
ommittee Chair Committee ■I - •ber Committ-- ember
PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2016 Pedestrian Improvement
Program constructed by R. W. Scott Construction in the amount of$527,008.62 as complete."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—1/2015 RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: March 6, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell,Mayor
Marwan Salloum,P.E., Public Works Director
FROM: Jeff Huynh, Street Systems Engineers}
SUBJECT: 2016 Pedestrian Improvement Program—Project Acceptance
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The 2016 Pedestrian Improvement Program contract with R.W. Scott Construction Co., is
complete. The final construction contract amount is $527,008.62. This is $47,439.38 below the
$574,448.00 (including contingency)budget that was approved by the City Council on August 9, 2016.
cc: Project File
Central File
K:\LUTC\2017\03-06-17 2016 Pedestrian Improvement Program-Project Acceptance.doc
COUNCIL MEETING DATE: March 21, 2017 ITEM#: 5d
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2017 ASPHALT OVERLAY PROJECT BID AWARD
POLICY QUESTION: Should the Council award the 2017 Asphalt Overlay Project to the lowest responsive,
responsible bidder?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 6,2017
CATEGORY:
N Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business n Resolution ❑ Other
STAFF REPORT BY: Jeff Huynh, Street Systems Engineer DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated March 6, 2017
Options Considered:
1. Award Schedules A, B, C, E and F of the 2017 Asphalt Overlay Project to Lakesides Industries, Inc.,the
lowest responsive, responsible bidder, in the amount of$1,976,438.30 and approve a 2.63%contingency
of$51,893.70, for a total of$2,028,332.00 and authorize the Mayor to execute the contract. If project
funding allows, staff recommends approving adding portion of Schedule"D"back into the contract with
the understanding that the total cost will not exceed the total funding available for this program.
2. Reject all bids for the 2017 Asphalt Overlay Project and direct staff to rebid the project and return to
Committee for further action.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the March 21, 2017 Council
Consent Agenda for approval.
MAYOR APPROVAL: d!>f„,,oe ' > 'J�7// ,DIRECTOR APPROVAL: 42011
.mmittee Cou it / nitial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 21, 2017 consent agenda for
approval
I•., • . %A,' . • , • Sri
�4mmi ee Chair ' mmittee :" be Committ' -' ember
PROPOSED COUNCIL MOTION: "I move to authorize staff to award Schedules A, B, C, E and F of the 2017
Asphalt Overlay Project to Lakesides Industries, Inc., the lowest responsive, responsible bidder, in the amount of
$1,976,438.30 and approve a 2.63% contingency of$51,893.70, for a total of$2,028,332.00 and authorize the
Mayor to execute the contract. If project funding allows, staff recommends approving adding portion of Schedule
"D" back into the contract with the understanding that the total cost will not exceed the total funding available for
this program."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—1/2015 RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: March 6, 2017
TO: Land Use and Transportation Committee
VIA: Jim Farrell, Mayor
FROM• Marwan Salloum, P.E., Public Works Direc o
Jeff Huynh, Street Systems Engineer
SUBJECT: 2017Asphalt Overlay Project-Bid Award
BACKGROUND:
Four bids were received and opened on February 22, 2017 for the 2017 Asphalt Overlay Project; please see attached
Bid Tabulation Summary. The lowest responsive, responsible bidder is Lakeside Industries, Inc., with a total bid of
$2,533,781.50.
AVAILABLE FUNDING:
The available budget for the 2017 Asphalt Overlay Project is$2,119,949 and is comprised of the following:
• 2017 Overlay Budget $ 1,515,000
• 2016 Carry Forward $ 150,000
• 2017 Structures Budget $ 166,267
• Puget Sound Energy Contribution for Schedule "F" $ 288,682
TOTAL PROGRAM FUNDINGAVAILABLE: $2,119,949
ESTIMATED EXPENDITURES:
The following is a breakdown of the estimated total project construction costs based on the low bid:
SCHEDULE DESCRIPTION AMOUNT
A 10th Ave SW—SW Campus Dr.to 7th Ct SW $390,880.02
B Hoyt Rd SW(SW 332nd St.to City Limit) $640,666.19
C Hoyt Rd SW(SW 326th St. to SW 332nd St.) $374,151.49
D SW Campus Dr. (19th Ave SW to 7th Way SW) $557,343.20
E SW 336th Way(30th Ave SW to 25th P1. SW) $341,171.60
F SW 330th St(7th CT SW to 1st Ave S.) $229,569.00
ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $2,533,781.50
10%Construction Contingency $253,378.15
In-house Design and Construction Administration $88,117
Printing and Advertising $3,500
ESTIMATED TOTAL PROGRAM COST: $2,878,776.65
There is not enough available Asphalt Overlay program funding to award all of the 2017 Asphalt Overlay Project
schedules. Therefore, staffs recommend awarding Schedules A, B,C, E and F of the 2017 Asphalt Overlay Project
to Lakesides Industries, Inc., the lowest responsive, responsible bidder, in the amount of $1,976,438.30 and
approve a 2.63 % contingency of$51,893.70, for a total of$2,028,332.00 and authorize the Mayor to execute the
contract.
If project funding allows, staff recommends approving adding portion of Schedule "D"back into the contract with
the understanding that the total cost will not exceed the total funding available for this program.
• Awarded Schedules(A, B,C, E and F) $ 1,976,438.30
• Construction Contingency(2.63%) $51,893.70
• In-house Design and Construction Administration $ 88,117
• Printing and Advertising $ 3,500
ESTIMATED TOTAL AUTHORIZED COST: $2,119,949
** Due to budget shortfall, Schedule D will not be recommended for award at this time.
k:\lutc\2017\03-06-17 2017 Asphalt Overlay Project Bid Award.doc
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COUNCIL MEETING DATE: March 21, 2017 ITEM#: 5e
........................................................................................................................................................................................................................................................................... ..
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:NPDES Annual Report and Stormwater Management Program Update
POLICY QUESTION: Should Council approve the 2017 Annual Report and Stormwater Management Program
(SWMP)documents for submittal to the Department of Ecology as required by the Western Washington
(NPDES)Phase II Municipal Stormwater Permit?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 6, 2017
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Theresa Thurlow, Surface Water Manager 1v- DEPT: Public Works
Attachments:
Land se and Transportatiopn memorandum dated March 6, 2017
7_0 1-1 n 10AI foi— CN 'i ;`7) ho, Wtii piNc OL A e6tetk
Options Considered:
1. Approve the 2017 Annual Report and SWMP documents and authorize the Mayor to submit documents
to the Department of Ecology by March 31st to satisfy the City's NPDES Permit obligations.
2. Do not approve the 2017 Annual Report and SWMP documents and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 21,2017 City
Council Consent Agenda for approval.
MAYOR APPROVAL: _ _ i *-7 E IRECTOR APPROVAL: pLZe._.. Z 23'11
C. mittee .� Counc' J, Initial/Date
Initial/Date . Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 21, 2017 City Council consent
agenda for approval.
agar y 1
Committee Chair Committee, ember Com ee Member
PROPOSED COUNCIL MOTION: "I move to authorize submittal of the 2017 NPDES Annual Report and SWMP
to the Department of Ecology by March 31, 2017 to satisfy the City's NPDES Permit obligations. "
(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—11/2016 RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: March 6, 2017
TO: Land Use and Transportation Committee
VIA: Jim Farrell, Mayor
Marwan Salloum, Public Works Director
FROM: Theresa Thurlow, P.E., Surface Water Manager
Hollie Shilley, Water Quality Specialist 41/44,
SUBJECT: NPDES Annual Report and SWMP
BACKGROUND:
The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates
stormwater and wastewater discharges to waters of the State. While it is a federal permit, regulatory
authority lies with Washington State Department of Ecology(DOE).
The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by DOE August
1, 2012 and went into effect August 1, 2013. The permit requires that all affected municipalities create
and implement a Stormwater Management Program (SWMP)which addresses six required program
elements: 1) Public Education and Outreach,2)Public Involvement and Participation, 3) Illicit Discharge
Detection and Elimination,4)Construction Site Run-Off, 5)Operations and Maintenance of Post
Construction Stormwater Facilities, and 6)Monitoring.
In addition to the SWMP,the permit also requires the City to submit an Annual Report intended to update
DOE on the status of the City's compliance with the NPDES Phase II Permit. Annual Reports must be
submitted to DOE on or before March 31 of each year.
Since the effective date of this permit, City staff has been working with the DOE and several regional
forums to determine how to best meet the permit requirements. City staff has prepared the following
documents to meet the 2017 Annual Report and SWMP update requirements as specified in the permit:
• 2017 Annual Report
• SWMP Update
cc: Project File
Day File
City of Federal Way
2017 Annual Report
Western Washington Phase II
Municipal Stormwater Permit
Prepared by:
City of Federal Way
Public Works Department
Surface Water Management Division
NPDES 2017 Annual Report Questions
Number Permit Section Y or N Question
1 S5.A.2 Attachment 1 Attach updated annual Stormwater Management Program Plan(SWMP).
2 S9.D.5 N/A Attach a copy of any annexations,incorporations or boundary changes resulting in an increase
or decrease in the City's geographic area of permit coverage during 2016.
3 S5.A.3 Y Implemented an ongoing program to gather,track,and maintain information,including costs
or estimated costs of implementing the SWMP.
4 S5.A.5.b Y Coordinated among departments within the jurisdiction to eliminate barriers to permit
compliance.
5 S5.C.1.a.i and ii Attachment 2 Attach description of public education and outreach efforts conducted.
6 S5.C.1.b Y Encourage resident participation in stewardship opportunities.
Used results of measuring the understanding and adoption of targeted behaviors among at
7 S5.C.1.b Y least one audience in at least one subject area to direct education and outreach resources and
evaluate changes in adoption of targeted behaviors.
7b S5.C.1.b Attachment 3 Attach description of how this requirement was met.
Opportunities for public participation and comment
involving the Stormwater Management Program
8 S5.C.2.a (SWMP)are available at the Land Use and Describe the opportunities created for the public to participate in the decision making
Transportation Committee and City Council meetings processes involving the development,implementation and updates of the SWMP.
when the SWMP and Annual Report are reviewed.
Comments are also encouraged on the City website.
9 S5.C.2.b y Posted the updated SWMP Plan and latest Annual Report on your website.
9b S5.C.2.b http://www.cityoffederalway.com/node/1950 List the website address.
Page 1 of 7
10 S5.C.3.a.i-vi Y Maintained a map of the MS4.
11 S5.C.3.b.v ,, Implemented a compliance strategy,including informal compliance actions as well as
enforcement provisions of the regulatory mechanism.
12 S5.C.3.b.vi " y Updated,if necessary,the regulatory mechanism to effectively prohibit illicit discharges into
the MS4.
12b Title 16 of the Federal Way Revised Code Cite the prohibited discharge code reference.
13 S5.C.3.c.i V Implemented procedures for conducting illicit discharge investigations.
The City utilizes the Federal Way Illicit Discharge
Detection and Elimination Field Procedures and
Response Plan which references the following two
guidance documents:Illicit Discharge Detection and
13b S5.C.3.c.i Elimination:A Guidance Manual for Program Cite methodology.
Development and Technical Assessments,Center for
Watershed Protection,and the Illicit Connection and
Illicit Discharge Field Screening and Source Tracing
Guidance Manual,King County,Herrera.
14 S5.C.3.c.i 21% Percentage of MS4 coverage area screened in 2016.
15 S5.C.3.c.ii (253)835-2700 List the hotline telephone number for public reporting of spills and other illicit discharges.
15b S5.C.3.c.ii 23 Number of hotline calls received in 2016.
16 S5.C.3.c.iii y Implemented an ongoing illicit discharge training program for municipal field staff.
17 S5.C.3.c.iv y Informed public employees,businesses,and the general public of hazards associated with
illicit discharges and improper disposal of waste.
Page 2 of 7
SWM utilizes its Public Education and Outreach
Program to inform staff,residents,and businesses
about hazards associated with illicit discharges.
17b SS.C.3.c.iv Examples of outreach methods used include: Describe the information sharing actions.
newsletters,staff training,public workshops,business
inspections,mailings,and participation in regional
campaigns.
18 S5.C.3.d Y Implemented an ongoing program to characterize,trace,and eliminate illicit discharges.
19 S5.C.3.d.iv 40 Number of illicit discharges,including illicit connections,eliminated in 2016.
20 S5.C.3.d.iv Attachment 4 Attach a summary of actions taken to characterize,trace and eliminate each illicit discharge
found by or reported to the City.For each illicit discharge,include a description of actions.
21 S5.C.3.e Y Municipal illicit discharge detection staff are trained to conduct illicit discharge detection and
elimination activities.
22 S5.C.4.a Y Implemented an ordinance or other enforceable mechanism to address runoff from new
development,redevelopment and construction sites.
23 55.C.4.a.i iii Y Revised ordinance or other enforceable mechanism to effectively address runoff from new
development,redevelopment and construction sites.
Section 16.20.010 of King County Surface Water
23b S5.C.4.a.i iii Design Manual and page 14 of City of Federal Way Cite code reference for revised ordinance or other enforceable mechanism to address runoff
Addendum to the manual from new development,redevelopment and construction sites.
24 S5.C.4.a.i 0 Number of exceptions granted to the minimum requirements in Permit Appendix 1.
25 S5.C.4.a.i 0 Number of variances granted to the minimum requirements in Permit Appendix 1.
26 S5.C.4.b.i Reviewed Stormwater Site Plans for all proposed development activities that meet thresholds
y in Permit Appendix 1.
26b S5.C.4.b.i 133 Number of site plans reviewed in 2016.
Page 3 of 7
Inspected,prior to clearing and construction,permitted development sites that have a high
27 S5.C.4.b.ii y potential for sediment transport as determined through plan review based on definitions and
requirements in Permit Appendix 7.
27b S5.C.4.b.ii 79 construction in 2016.
9 Number of construct on sites inspected P
28 S5.C.4.b.iii Inspected permitted development sites during construction to verify proper installation and
y maintenance of required erosion and sediment controls.
28b S5.C.4.b.iii 144 Number of construction sites inspected in 2016.
29 S5.C.4.b.ii,iii and 40 Number of enforcement actions taken during the reporting period(based on construction
phase inspections at new development and redevelopment projects).
30 S5 C.4.b.iv Inspected all permitted development sites upon completion of construction and prior to final
y approval or occupancy to ensure proper installation of permanent stormwater facilities.
31 S5.C.4.b.ii-iv y Achieved at least 80%of construction-related inspections.
32 S5.C.4.b.iv Verified a maintenance plan is completed and responsibility for maintenance is assigned for
y projects.
33 S5.C.4.c Implemented provisions to verify adequate long-term operation and maintenance(O&M)of
y stormwater treatment and flow control facilities that are permitted and constructed.
34 S5.C.4.c.i and ii Updated provisions to verify long-term operation and maintenance of stormwater treatment
y and flow control facilities.
35 55.C.4.c.iii y Annually inspected stormwater treatment and flow control facilities.
35b S5.C.4.c.iii N/A If using reduced inspection frequency for the first time during this permit cycle,attach
documentation.
Inspected new residential stormwater treatment and flow control facilities and catch basins
36 S5.C.4.c.iv y every 6 months to identify maintenance needs and enforce compliance with maintenance
standards.
Page 4 of 7
37 S5.C.4.c.v y Achieved at least 80%of inspections to verify adequate long-term O&M.
38 54.C.4.c.vi Verified that maintenance was performed when an inspection identified an exceedance of the
y maintenance standard.
38b S5.C.4.c.vi N/A Attach documentation of any maintenance delays.
39 S5.C.4.d Provided copies of the Notice of Intent for Construction Activity and Notice of Intent for
y Industrial Activity to representatives of proposed new development and redevelopment.
All staff responsible for implementing the program to control stormwater runoff from new
40 S5.C.4.e y development,redevelopment,and construction sites,including permitting,plan review,
construction site inspections,and enforcement are trained to conduct these activities.
41 55.C.4.f.i Reviewed,revised and made effective the low impact development-related enforceable
Y
documents.
41b S5.C.4.f.ii Attachment 5 Attach a summary of the LID review and revision process.
42 S5.C.4.g N/A Participated and cooperated with the watershed-scale stormwater planning process led by a
Phase I county.
Updated and implemented maintenance standards as protective,or more protective,of
43 S5.C.5.a y facility function as those specified in Chapter 4 of Volume V of the 2014 Stormwater
Management Manual for Western Washington.
44 S5.C.5.a N Applied a maintenance standard that is not specified in the Stormwater Management Manual
for Western Washington.
44b S5.C.5.a N/A Please note what kinds of facilities are covered by this alternative maintenance standard.
45 S5.C.5.a.ii Y Performed timely maintenance per requirements.
46 S5.C.5.b Y Annually inspected all municipally owned or operated permanent stormwater treatment and
flow control facilities.
46b S5.C.5.b 495 Number of known municipally owned or operated stormwater treatment and flow control
facilities.
Page 5 of 7
46c S5.C.5.b 495 Number of facilities inspected during 2016.
46d SS.C.5.b 494 Number of facilities for which maintenance was performed in 2016.
47 S5.C.5.b N/A If using reduced inspection frequency for the first time during this permit cycle,attach
documentation.
48 S5.C.5.c Y Conducted spot checks and inspections(if necessary)of potentially damaged stormwater
facilities after major storms.
49 S5.C.5.d Y Inspected all municipally owned or operated catch basins and inlets.
49b S5.C.5.d 12,501 Number of known catch basins.
49c S5.C.5.d 2172 Number of catch basins inspected in 2016.
49d S5.C.5.d 2172 Number of catch basins cleaned in 2016.
50 S5.C.5.d.i-ii Attachment 6 Attach documentation of alternative catch basin cleaning approach,if used.
Implemented practices,policies and procedures to reduce stormwater impacts associated
51 S5.C.5.f Y with runoff from all lands owned or maintained by theCity,and road maintenance activities
under the functional control of the City.
52 S5 C.5.g Y Implemented an ongoing training program for City employees whose primary construction,
operations or maintenance job functions may impact stormwater quality.
Implemented a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or
53 S5.C.5.h Y storage yards,and material storage facilities owned or operated by the City in areas subject to
this Permit that are not required to have coverage under an NPDES permit that covers
stormwater discharges associated with the activity.
54 S7.A N/A Complied with the Total Maximum Daily Load specific requirements identified in Permit
Appendix 2.
55 S7.A N/A For TMDLs,attach a summary of relevant SWMP activities to address the applicable TMDL
parameter(s).
Page 6 of 7
56 S8.A Attachment 7 Attach a description of any stormwater monitoring or stormwater-related studies.
57 S8.6.1 y Participated in cost-sharing for the regional stormwater monitoring program for status and
trends monitoring.
576 S8.6.2 N/A If choosing to conduct individual status and trends monitoring,attach an annual Stormwater
Monitoring Report.
58 S8.C.1 Y Participated in cost-sharing for the regional stormwater monitoring program for effectiveness
studies.
58b S8.C.2 N/A If choosing to conduct discharge monitoring,attach an annual Stormwater Monitoring Report.
59 S8.D.1 Y Contributed to the regional stormwater monitoring program for source identification and
diagnostic monitoring information repository.
60 G3 Y Notified Ecology of any discharge into or from the City's MS4 which could constitute a threat
to human health,welfare or the environment.
61 G3 6 Number of notifications provided to Ecology.
62 G3.A Y Took appropriate action to correct or minimize the threat to human health,welfare,and/or
the environment.
Notified Ecology within 30 days of becoming aware that a discharge from the City's MS4
63 54.F.1 Y caused or contributed to a known or likely violation of water quality standards in the receiving
water.
64 S4.F.3.a N/A If requested,submitted an Adaptive Management Response Report.
65 S4.F.3.d N/A Attach a summary of the status of implementation of any actions taken and the status of any
monitoring,assessment,or evaluation efforts conducted in 2016.
66 G20 N/A Notified Ecology of the failure to comply with the permit terms and conditions within 30 days
of becoming aware of the non-compliance.
67 G20 N/A Number of non-compliance notifications provided in 2016.
67b G20 N/A List the permit conditions described in non-compliance notification(s).
• Page 7 of 7
2017 NPDES Annual Report—Attachment 1 City of Federal Way
Attachment 1 - Stormwater Management Program Update
Background
The National Pollutant Discharge Elimination System (NPDES) Permit Program is a requirement of the
Federal Clean Water Act intended to protect and restore waters for"fishable and swimmable" uses.The
Federal Environmental Protection Agency delegated permitting authority to state environmental agencies.
In Washington,the NPDES-delegated authority is the Washington State Department of Ecology(Ecology).
Since the City of Federal Way(City)operates a small municipal storm sewer system (MS4)that serves less
than 100,000 people, it is designated as a "Phase II" community and must comply with Ecology's Western
Washington Phase II NPDES Municipal Stormwater Permit(Permit).
The Permit allows municipalities to discharge stormwater runoff from the MS4 into the
State's water bodies (i.e., streams, rivers, lakes, wetlands, Puget Sound, etc.) as long as municipalities
implement measures to protect water quality to the "maximum extent practicable"through the application
of best management practices.These required practices, specified in the Permit,are implemented through
the City's Stormwater Management Plan (SWMP). The SWMP is organized according to the following
program components as outlined in the Permit:
• Public Education and Outreach (permit section S5.C.1)
• Public Involvement and Participation (S5.C.2)
• Illicit Discharge Detection and Elimination (S5.C.3)
• Control of Runoff from New Development, Redevelopment, and Construction Sites (S5.C.4)
• Pollution Prevention and Municipal Operations and Maintenance (S5.C.5)
• Monitoring (S8)
The Permit requires the City to complete an Annual Report by March 31, 2017.The report describes actions
made by the City to meet Permit compliance in 2016 and requires an update to the SWMP to describe the
actions planned to achieve compliance in 2017. In 2016, Ecology began audits to evaluate Phase II
Permittees' compliance with the Permit. Ecology randomly selects four municipalities to be audited each
year,with a goal to audit every jurisdiction every 5-7 years. The City was not chosen for an audit in 2016 or
2017; however,staff will continue to work on organizing permit related documentation,staff training, and
proper implementation of policies and procedures in anticipation of a possible audit next year.
The remainder of this document constitutes the update to the SWMP describing actions the City will take to
meet 2017 permit requirements. It is organized by program components.
Public Education and Outreach
The Surface Water Management Division (SWM) provides on-going public education and outreach
designed to reduce and eliminate behaviors and practices that cause or contribute to adverse stormwater
impacts. Staff utilizes a variety of approaches to inform targeted audiences about stormwater issues and
provides specific actions people can follow to minimize stormwater pollution. A summary of educational
activities scheduled for 2017 is provided below:
• Expand the Storming the Sound with Salmon (SSS) Program.The City was awarded a grant to expand
SSS to the schools that were not participating in the program, implementing the program district wide.
SSS provides students with the opportunity to raise salmon in school and learn about real life
stormwater issues in the classroom.The grant also provides funds to develop curriculum on Low
Page 1 of 7
2017 NPDES Annual Report—Attachment 1 City of Federal Way
Impact Development(LID),create a video about the program, and develop interactive elements for
students and park users at Town Square Park.
• Host salmon release events in spring for the SSS program.Teachers choose 30 students from each
school to attend the event at the West Hylebos Wetlands Park. Students participate in a daylong field
trip rotating through water and ecological related presentations and activities led by staff and several
environmental organizations.
• Partner with the Environmental Coalition of South Seattle (ECOSS)to provide stormwater education
and free spill kits to businesses. ECOSS provides stormwater inspection support, customized spill
plans, and spill response training for managers and employees. ECOSS staff provides outreach in
multiple languages.
• Complete the Upper Joe's Creek Watershed Nutrient Reduction Study.The City received a grant from
Ecology to collect water quality data and develop an education program to help address recurring
blue-green algae blooms in Lake Jeane and Lake Lorene (referred to as"Twin Lakes").
• Continue to produce quarterly newsletters and other publications that address a variety of topics on
pollution prevention and general awareness of stormwater related issues. Newsletters are also used
to inform the public on Permit related issues.
• Host volunteer events to encourage public participation in stewardship activities.Activities may
include storm drain marking, removing invasive plants species, planting native vegetation, and
removing garbage and debris from local waterbodies.
• Hold stormwater and environmental related workshops.The Green Living Workshop Program
provides free classes to the public on topics such as green cleaning, natural lawn care,water
conservation, rain gardens, and the use of rain barrels.
• Continue the "Fish Friendly" Charity Car Wash Program.Special kits,designed to divert wash water to
the sanitary sewer system, are loaned out by the City for charity car washes at no cost.Approximately
30 kits are checked out each year.
• Provide educational markers to be installed near catch basins that drain to the MS4.The markers
inform the public that the drains discharge to local waterways.
• Hire a Public Education and Outreach Coordinator. Prior to 2017, Public Education and Outreach
was one of three responsibilities under the Water Quality Specialist/NPDES Coordinator position.
In 2016, City Council approved one Full Time Equivalent position to create a separate Public
Education and Outreach Coordinator who will be responsible for meeting the NPDES requirements
of Sections S5.C.1 and S5.C.2.
Public Involvement&Participation
The City encourages the public and interested parties to participate in the decision-making process involving
the development and implementation of NPDES Permit related activities and programs. Opportunities for
public participation in the development of the SWMP include the fallowing:
• March 6, 2017 Land Use and Transportation Committee meeting
Page 2 of 7
2017 NPDES Annual Report—Attachment 1 City of Federal Way
• March 21, 2017 City Council meeting.The Council reviews the programmatic and policy changes
proposed under the SWMP and allows public comment on all agenda items.
• The City's Surface Water Management webpage displays the updated SWMP and the Annual Report.
Opportunity for public comment and participation is made possible via e-mail year round.
Illicit Discharge Detection& Elimination
Federal Way maintains a robust Illicit Discharge Detection & Elimination (IDDE) Program designed to
prevent, detect, characterize,trace,and eliminate illicit connections and illicit discharges into the MS4. In
2017 SWM staff will:
• Inspect private commercial stormwater systems that discharge into the City's MS4 to ensure
maintenance complies with standards outlined in the NPDES permit.
• Enforce Ordinance 09-619 which prohibits non-stormwater discharges into the City's MS4. Examples
of illicit discharges include trash, construction materials, petroleum products, paint, pesticides,
fertilizers, soap and wash water. SWM implements escalating enforcement procedures and actions
pursuant to those outlined in the Federal Way Revised City Code.
• Provide follow-up training to municipal staff, who, as part of their normal job duties, may observe an
illicit discharge in the field. Training includes how to identify a potential illegal discharge and how to
properly report and respond.
• Continue to update the map of the City's MS4.The map is updated to reflect new connections and
changes based on field verification and SWM's Video Inspection Program.
• Develop and launch a new IDDE database for staff use.The database is intended to increase
efficiencies in reporting and recording spills and respective response. In addition, this water quality
database will allow for geographic and trend analysis, allowing staff to target hot spots and areas of
repeated water quality violations.
Controlling Runoff from Construction Sites
Construction site run-off is a major contributor to water quality degradation in the greater Puget Sound
region. To address this issue,the City adopted the current King County Stormwater Design Manual and the
City of Federal Way Addendum in 2016. Changes were made to development-related standards in order to
make LID the preferred and commonly used approach in site development.This year,City staff will:
• Conduct site plan review, inspection, and enforcement to meet standards for both private and public
projects in order to reduce pollutants in stormwater runoff to the MS4 from new development,
redevelopment and construction site activities.
• Require LID principles and LID best management practices to make it the preferred and commonly
used approach to site development.
Page 3 of 7
2017 NPDES Annual Report—Attachment 1 City of Federal Way
Pollution Prevention, Operations&Maintenance
SWM has an ongoing program to reduce stormwater impacts associated with maintenance and operations
of City streets, facilities, and properties.The program applies to drainage infrastructure, which includes
catch basins, pipes,open channels, as well as residential and regional retention/detention facilities. In 2017,
the SWM Maintenance crew will:
• Inspect all known municipally owned and operated stormwater treatment and flow control facilities as
required by the Permit. Maintenance of facilities will be in accordance with the standards in the 2017
King County Surface Water Design Manual.
• Complete inspection and cleaning (when necessary) of all catch basins owned by the City.The removal
of sediment laden with contaminants and debris from stormwater catch basins is important to
prevent pollution and maintain the flow through the stormwater system.
• Comply with the Stormwater Pollution Prevention Plan for the maintenance and storage yard owned
by the City located at 31130 28th Avenue South. Staff will continue to review policies and procedures
to ensure proper pollution management practices are consistently being implemented and
documented.
• Inspect facilities vulnerable to surface water related problems during and after major storm events to
ensure the systems are functioning properly, and to determine/conduct any maintenance or repair
needs.
• Use the Video Inspection Program as a tool to proactively manage the stormwater system to prevent
flooding, drainage problems and water quality problems.The program also supports several NPDES
related activities including on-going comprehensive mapping of the system, evaluation of
management practices, and the improvement of the ability to trace spills and identify illicit
connections to the MS4.
Monitoring
A collaborative monitoring program is paid for by Western Washington NPDES Permittees,and administered
by Ecology, designed to monitor and evaluate the effectiveness of the best management practices specified
in the Permit.The goal of the monitoring program is to provide an unbiased assessment of whether
stormwater management actions are resulting in genuine progress towards regional water quality targets. In
2017,the City will continue to pay into the collective fund and support the implementation of the three
components of the Regional Stormwater Monitoring Program:
• In-stream monitoring to measure whether the health of lowland streams and shorelines in Puget
Sound is improving or declining.
• Stormwater effectiveness studies to provide widely applicable information about what best
management practices work, or don't work, and how to improve stormwater management.
• Source Identification Information Repository designed to share information about source
identification and elimination methods and identify opportunities for regional solutions to common
illicit discharges and pollution problems.
Page 4 of 7
2017 NPDES Annual Report—Attachment 1 City of Federal Way
Conclusion
The Annual Report and SWMP update is posted on the City of Federal Way website at:
http://www.cityoffederalway.com/node/1950.
If at any time the City is unable to comply with terms and conditions of the Permit, staff must notify Ecology
within 30 days of becoming aware that non-compliance has occurred.Written notification must include a
description of the non-compliance issue and steps planned or taken to achieve compliance.The City remains
in compliance with the Permit and is using all known,available, and reasonable methods of prevention,
control, and treatment to prevent pollution into the surface waters of Washington State.
•
Page 5 of 7
2015 NPDES Annual Report-Attachment 1 City of Federal Way
CALENDAR OF NPDES PERMIT RELATED ACTIVITIES 2013-2018
The timeline below provides an overview of the major activities and deadlines for implementing current
and upcoming permit requirements.
Program 2013 Ongoing 2014 2015 2016 2017 Jan -July
Component Implementation 31, 2018
Track costs and By March 31:
A.Stormwater permit related Include
Management activities. description of
Plan internal
Update the SWMP coordination in
annually. Annual Report.
By February
Continue Public 2: Use
C.1 Public Education Program Measure change in measure of
Education& and create behavior for 1 target behavior
Outreach stewardship audience. change to
opportunities. improve
program.
C.2 Public Provide opportunities for the public to participate in SWMP decision-making.
Involvement Post current Annual Reports and SWMP Plan online by March 315t of each year.
Implement the Illicit By Feb 2:
Discharge Update
C.3 Illicit Detection& By Dec 31: ordinance if
Discharge Elimination Field screen needed.
Detection& Program. at least 40%
Elimination Provide staff of MS4. screen
training. Maintain 12%oof MS4.
map of the MS4.
By Dec 31:
Update
City code to
Implement revised By March 31:
C.4.a-f Control program Appendix 1 Submit a Achieve at
Runoff from addressing standards. summary of least 80%of
Development construction and Revise the review& scheduled
post construction development revision of inspections.
runoff. codes to City codes.
make LID the
preferred
approach.
By Dec 31: By August 1:
C.5 Municipal Update Inspect all
Perform MS4 Pollution maintenance and maintenance catch basins
Prevention, inspections. Provide standards to or document
Operation& revised
Maintenance staff training. manual/code alternatives if
used.
standards.
S8.A Provide description in each Annual Report of stormwater monitoring or stormwater-related studies
conducted.
Page( of 7
2015 NPDES Annual Report-Attachment 1 City of Federal Way
Option 1- By Aug 15: Pay into the monitoring program.
By Dec 31: Notify
S8.B Status& Ecology which
Trends Monitoring option selected for Option 2-
status and trends Oct 1: Begin
By July 31:
monitoring. Begin monitoring Annual reporting per Ecology approved Quality
stream marine near Assurance Project Plan(QAPP).
monitoring. shore.
Option 1: By Aug 15, Pay into the monitoring program.
S8.C. By Dec 31: Notify Option 2-
Effectiveness Ecology which option By Feb 2:
Monitoring selected for Submit Oct 1: Fully
effectiveness QAPP to implement
monitoring. Ecology. stormwater Annual reporting per Appendix 9.
monitoring
By Oct 1: program.
Begin flow
monitoring.
S8.D Source
Identification By Aug 15: Pay into the monitoring program.
&Diagnostic
Monitoring
Page 7 of 7
2017 NPDES Annual Report-Attachment 2 City of Federal Way
Attachment 2- Description of 2016 Public Education Activities
Storming the Sound with Salmon Program
The Storming the Sound with Salmon program is an annual stormwater education program
developed and implemented by the City and the School District in 2012.The program includes
classroom curriculum focusing on storm water education and provides students with the
opportunity to raise salmon at their school.At the end of the school year, students participate
in a salmon release event where they release the salmon into a local creek and spend the day
participating in outdoor learning at a local park. In May,the City held 4 salmon release events
serving over 700 students from 23 different schools.
Waterworks Grant
The Waterworks grant, awarded to the City on April 13, 2016 by the King County Natural
Resources and Parks Waste Water Treatment Division, provided the City funding to expand the
Storming the Sound with Salmon program into the remaining Federal Way schools that were
not already participating in the program. In 2016,the program expanded to include all 35
schools in the District.
Upper Joe's Creek Watershed Grant
The City was awarded a grant from the Washington State Department of Ecology Water Quality
Algae Control Program in 2014.The goal of the grant project is to identify,control, and reduce
external sources of nutrients into the Twin Lakes(Lake Lorene and Lake Jeane). Education
activities related to the grant in 2016 included quarterly fact sheets and information on
nutrient sources and reduction for residents.
Town Square Park
Opening in July, Federal Way's Town Square Park serves as a regional example of how Low
Impact Development(LID) stormwater features can be integrated into a public space.
Educational signage was developed to teach the public about the specific LID elements used at
the park,such as pervious surfaces, rain barrels,vegetated roofs, and rain gardens.
Green Living Workshops
The Surface Water Management Division and the Solid Waste & Recycling Division staff
collaborate to provide free educational workshops for residents on topics related to
stormwater and sustainability. Last year's topics included: Clutter Clearing, Green Cleaning,
Natural Yard Care & Pest Control, Worm Bins&Composting, Rain Barrels&Water
Conservation, and Solar& Energy Conservation.
Volunteer Events
The Surface Water Management Division recognizes and appreciates the hard work of
volunteers that donate their time to improve the water quality of stormwater and our local
surface waters. The City held 5 volunteer events in 2016 which included removing invasive
plants and cleaning up local parks and streams.
Page 1 of 3
2017 NPDES Annual Report-Attachment 2 City of Federal Way
Newsletters
Public education staff produced quarterly newsletters which covered a variety of topics on
pollution prevention and general awareness of stormwater related issues.Staff also produced a
quarterly newsletter specifically tailored to residents of Steel Lake and North Lake as part of
the local Lake Management District program.
ECOSS
The City collaborated with ECOSS, a non-profit organization,which provided multilingual
stormwater outreach to 25 businesses in the City. ECOSS provided free spill kits, custom spill
plans and training so businesses know how to quickly deal with spills and illicit discharges.
Car Wash Program
The City's car wash program informs businesses and charity groups that it is a violation of City
Code to allow dirty soapy water from car washing to enter storm drains. Realizing that car
washes are an important fundraising tool for many groups in the community,the City offers an
environmentally safe solution.The City has special kits available that pump wash water into the
sanitary sewer system, keeping contaminants out of local surface waters. This year 15 charity
events used these kits, at no charge,from the Public Works Department.
Various Publications
Each year, the Surface Water Management produces new and updated public education
materials as needed. In 2016, some of the materials created included: Frequently Asked
Questions about Algae Blooms, Good Business Practices for Carpet Cleaning, Updated Surface
Water Management program brochure, Low Impact Development flyer for Town Square Park,
Commercial Inspection program materials, and a newly updated MS4 stormwater atlas.
Training
City staff participated in a number of trainings in 2016 related to the City's Stormwater
Management program.Trainings varied in the number of staff in attendance.
Internal Training:
NPDES presentation to Land Use and Transportation Committee &City Council
IDDE Training for Fire Department
IDDE Training for Police Department
IDDE Response Training for Field staff
Amanda Database Program
Vueworks Database program
Website Training
External Training:
SPARKS Conference
Social Marketing Training
CESL Training for Inspectors
King County Stormwater Design Manual Training
Certified Stormwater Inspector Training
Trenching and Shoring Certification
Page 2 of 3
2017 NPDES Annual Report-Attachment 2 City of Federal Way
Confined Space Certification
Pipe Assessment Certification
Manhole Assessment Certification
Lateral Assessment Certification
Automated Sustainable Stormwater Design with XPDrainage Webinar
Asset Management as a Process Workshop
Planning for Infrastructure Replacement Workshop
Page 3 of 3
2017 NPDES Annual Report-Attachment 3 City of Federal Way
Attachment 3- Evaluation & Measurement of a Selected Education
Program
The City of Federal Way was a partner in the Don't drip and Drive Phase II grant awarded to Pierce
County by the Washington State Department of Ecology in 2014. City staff served on the project
Advisory Committee and conducted a vehicle leak testing event of over 600 vehicles. This fulfilled the
tasking in the City of Federal Way's signed Scope of Work and assisted Pierce County to achieve the
overall grant obligation to test 10,000 cars.
The Don't Drip and Drive program addresses an important source of pollution in the Puget Sound region
-vehicles that leak fluids and cause significant water quality impairments. From November 2013 to
March 2015,several organizations implemented Don't Drip and Drive Phase II: a Behavior Change
Program, designed to improve vehicle owners' awareness of leaks and motivate them to fix their leaks.
Phase II built upon work conducted in Phase I (spring 2013). Phase II included the following key
components:
Campaign promotion-Online advertising, social media and other localized media channels to promote
campaign messages and direct our target audience to a resource website
Events- Leak check events to identify leaking vehicles, promote repairing leaks and testing different
intervention strategies for effectiveness
Participating repair shops- Free leak inspections and discounted repairs provided by participating repair
shops
Workshops- Free auto leaks inspection workshops at technical training centers taught by mechanic
instructors
The program was evaluated using participant follow-up surveys, resulting in lessons learned and
recommendations for future implementation. Evaluation was based on information from vehicle owner
surveys, interviews of participating automotive shops,analyses from web advertising services and
feedback from the Steering Committee,the Advisory Committee and consultants who participated in
campaign design and implementation.The Free Auto Leaks Workshops were evaluated separately by
Applied Research Northwest.
The following sources of data and information were used for program evaluation:
Tracking sheets-Tracking sheets completed by partner organizations to record event information
including:
• Number of vehicles checked for leaks and number of vehicles with leaks detected
Page 1 of 2
2017 NPDES Annual Report-Attachment 3 City of Federal Way
• For vehicles with leaks,the type of vehicle, condition of the exterior of the vehicle and
gender and approximate age of vehicle owner were recorded.
• Confidential contact information for vehicle owners whose vehicles had leaks, along with
type and number of intervention strategies distributed to those owners
Redeemed coupons- Discount coupons included in information packets given to all participants at leak
check events, downloaded from the website or obtained from a participating repair shop
Follow-up surveys of vehicle owners-Online and telephone follow-up surveys of leak check event
participants who had identified leaks and shared their contact information
Partner surveys-Telephone surveys of event organizers
Committee feedback—End of program debrief with Steering Committee and Advisory Committee
Internal tracking documents-Campaign documents with information on budget, program activities and
campaign materials
In addition, data regarding general leak-related behaviors and perceptions from previous surveys with
topics related to vehicle leaks are documented in the Regional Surveys Analysis to provide a baseline
that future campaigns can use for comparison.
•
Page 2 of 2
2017 NPi.]ES AnnkoI Ren urt-
At to rhment 4
Investigation Silt mnzarx
i:'_ 1_0d :::i!'h'ae
AtCacllnncrit4- 113.173_
Enforcement Timeline
Reported using Hotline
Violator
Location Address
Type of Discharge
Date of Report or Discovery
Initiation of Investigation
SWM Code Enforcement Action
Date Investigation Terminated
Total Days for Compliance
Amanda Folder #
Amanda Status
Parcel
VueWorks
Sub Basin
Notes (see Water Quality file for detailed info)
Date
Date
Issued
Date Due
Returned
1-27-16 11:52 AM
SWM inspector received a Citizen Action Request (CAR)
regarding illegal dumping of grease into a storm drain located
at 2020 S 320TH ST between Cafe Arizona and Pacific Island
Grill.
12:18 PM
Inspector arrived onsite and documented grease dumped
down drain #1587. Contact made with Pacific Island Grill
manager Jim Smith 253-529-8667, who replayed security
camera footage showing an Asian male pushing a shopping
Gathered field evidence and
cart around the North Eastern portion ofthe property, pulling
Unknown
Grease dumped
contacted property manager
up to the catch basin, and dumping out a large container full
y
Male
2020 S 320th St
into storm drain #
01/27/16
01/27/16
S:\Water
n/a
n/a
n/a
01/27/16
0
16100460 CR
closed
921049297
N/A
of grease into the storm drain. Video was documented and
1587
Quality\Enforcement\2016
site photos taken. Contact was made with Northwest Capital
Corp. Property Manager Joana Scott 253-206-423-3105
regarding the evidence of dumping. Joanna arranged for a
vactor company to clean the catch basin. Joanna stated that
she will use video footage help police find and prosecute the
guilty party. At this time no violation notification will be
issued.
2:26 PM
Ron Christianson with Ventilation Power Cleaning called to
confirm that the catch basin has been steam cleaned and all
grease has been removed.
SWM staff investigated the spill, which was oil that may been
y
Unknown
29417 7th PI S
Chemical spill in
01/29/16
01/29/16
N/A
N/A
N/A
N/A
01/29/16
0
N/A
N/A
515250
50116-
coming from a garbage truck. SWM staff placed oil absorbent
road
02/01/16
0020
0013
pads around catch basins.
V
Burger
32805 Pacific Hwy
Grease from roof
02/01/16
N/A
N/A
N/A
N/A
N/A
N/A
172104
50216-
SWM staff visited the site on 3/25/16 and took additional
Express
S
vents
4065
0004
pictures as part of investigation.
SWM staff responded and placed oil absorbent pads inside of
the catch basin. Substance does not appear to be oil.
Oil in street
Substance appears to be dirty groundwater. Residents of the
Y
Unknown
3273120th Ave
flowing into storm
02/04/16
02/04/16
N/A
N/A
N/A
N/A
02/04/16
0
N/A
N/A
010456
50216-006
address said they just had their carpets cleaned and the carpet
SW
catch basin
0510
company may have dumped their water into the side lawn.
Substance did not have any smell, but did not appear to be
mixing with the water.
Dumping carpet
SWM staff made a site visit, however no one was home Left
y
Unknown
30855 10th Ave
cleaning chemicals
02/29/16
02/29/16
N/A
N/A
N/A
N/A
02/29/16
0
N/A
N/A
024800
50216-
information on stormwater pollution prevention on the front
SW
down drain
0070
0015
door.
... ...........
Received CAR report of ail slick on 4th Ave. SW. Neighbor
reported a double-decker tow truck in the vicinity earlier in
Y
Unknown
4th Ave SW
Oil slick on 4th Ave
03/21/16
03/21/16
N/A
N/A
N/A
N/A
03/21/16
0
N/A
N/A
337530
50316-
the day. Staff responded by spreading sawdust on road and
0640
0014
placing absorbent booms in 4 catch basins. No further action
required.
Unknown reddish
SWM staff responded to report on 3/30/16 and met with
fluid streaming
resident who called in the complaint. After evaluating the
y
Unknown
31716 3rd PI SW
down onto
03/30/16
03/30/16
None
N/A
N/A
N/A
03/30/16
0
N/A
N/A
337530
50316-
discharge, it was determined to be iron bacteria. Although
apartment
0640
0024
the bacteria forms an oil-like sheen and unusual orange color,
complex
it is a natural phenomenon and is not harmful.
Oil pollution,
Sent follow up letter to business
4/6/16: Staff visited site on 4/5/16. No illicit discharge noted.
JDK Small
improper disposal
owner to improve housekeeping.
General housekeeping measures could be improved. Sent
Y
Engine
805 SW 312th St
of petroleum
04/05/16
04/05/16
Included King County BMPs for
n/a
n/a
n/a
04/06/16
0072104
9187
N/A
follow up letter to property owner. No further action required
Repair
products, buried
engine repair
at this time from SWM.
cars
50516-
Y
Unknown
296th PI near 1st
Grease dumped
05/27/16
05/27/16
None
N/A
N/A
N/A
05/31/16
4
N/A
N/A
N/A
Staff inspected catch basins on 5/31/2016 and found no trace
Ave S
into storm drain
0020
of oil. No sign of oil downstream of catch basins.
Page 1 of 4
iUl17 Nfflf'5:....,IWll:!Sntm·Antcf:ew:M • Qty of FedtCJI Will
--............... Hotllnol Vlo-1....-........ 1,....., ......... , ...... _ .. .........,,,_ .. , ....... -1SWMCode--1.::.1-.... 1..:.1-,-·-""'1·-Doysfo<tompllo ... 1--·1--1-1--1 .... -1 -., ... w .... Q. ... r,tyfNefo< .... 11,d ... )
!Suft~Olllitc: .. ~4:0SPtll&/1/li..~
:'Sp()ke with the resident at 2321 SW 341st Pl, Conaete
byproducts/wastewater from conaete saw cuttlng was
discharged from ~drl!SS 2349 WI 341st Pl onto the south side
of SW 341st Pl alon1 the curb and gutter and continues South
East for appmximately 275 ft. stopping approximately 15' East
of the intersection of 23rd Ave SW & SW 341st Pl at catch
:1
Basin lt1759. In the driveway af2349 SW 341St Pl there are
Unknown I 2349 SW 341st Pl I Ccnaete slurry I 08/08/16 I 08/DB/16 I N/A I N/A I N/A I N/A I 08/0B/16 I 0 I I i:: t•igns of recent concrete saw cutting At t.atdl Basin #1759
water there was a fair amount of le~ and debris sitting on top of
the catdi basin grate which appears to have colleded and
_nopped most of the conaet:e bVJ)l'Odua,/wastewater from
entering the catch basin. At apprCWmattly 4:10pm, an
Inspector spoke with the tenant of 2349 SW 341st Pl. While
'.peaking with the tenant the homeowner arrived The
homeowner began sweeping up the discharged concrete
byproducts/wastewater while staffw.s onslte. SpOls pads
plac2datcatchbasin.
I I
denll SR161&S352nd ITransmlssJonftuid 08/12/16 OB/U/16 N/A N/A N/A N/A OB/12/16 D N/A 50816-SWM maintenance staff responded to spiCI and cleaned up
CMAuJ StNWQuadm1t splll 0008 ffuid wtttl absorbent nuterial. No fwthtt actlon required.
Emplofee spilled appraxtmately 1/41a11on ofl'ight grey paint
CF-our~ IS324thSt,EofSRI 5"1116-In roadway. Maintenance mtff visited site and pilnt had
onstructo
99
Spinedpaint 08/25/16 08/'15/16 N/A N/A N/A N/A 08/2S/16 0 N/A 0014 already dried. Spill was size of a loaf of bread, and could not
be saaped off. No evldenm of spill inta MS4. Na further
IIClonff'IIIW!datltlis.dm•.
SWM maintenance staff responded to the spill Appeared that
~15296thPlandlstl I I I I I I I I I Is:: I lleakwasrr,m a gari>agetruck , -allodSol,d Waste
o l 08~/16 OB~/16 N/A N/A N/A N/A 08/'29/16 0 N/A Division with the Oty to give Zlddress and follow up with
Aves w~~rmm'-MillrttcNootmH'"4~1to
ddo ftllidl MM"• c.atd:i h&n ll'td lnJUtled I aub basJ,i ln$m
to capture residual oil left behind after deaning..
~-tOSclldWinttotvrslontoNWw'asta
Waste I SW3'1,tM I I I I I I I I I I I I I s:: I Management respond Spill oca.imd an 8/23/JI,, call came In
~ ~ttn 36th Ave HydrauhcFluid 08/30/16 OB/30/16 N/A N/A NIA N/A 08/30/16 D N/A 8/30/16. Heavy rain remawd nuld btf.ere "'f ~ Rain
SW & 38th Ava ':iN hit within minutes after receMna call. All signs of hydn1ulic
~l'OM:tlfro.adW.~,..
I kn lhdllcKwySandSl200-........ , I I I I I I I I I I 1:1 ~'"""1tNrafZfflrapondodto •al from Polcic Department reganlng ol on the roadway. 00 appeared to be
08/31/16 OB/31/]J; N/A N/A N/A N/A OlJ/31/16 0 N/A peanut oll for deep frying. Crew plaad a~t mater1.I
Un own 348th St north bound lanes and then swept up and disposed d absorbent material.
-.ddltlonal absorbent material was placed on road to provide
traction control
5 I Illegal dump;og of SWM Inspector performed dry weather IOOE Investigation pertrum 1 785360 S-1016--(10/12/16) and wet weather IDDE lnvestiptlon (10/13/16 )in eu•oess 11620 S 341't St wastes oto the lD/12/16 10/12/16 N/A N/A N/A N/A 10/13/16 1 N/A N/A rt. storm drains at 0187 0048 response to ERTS 663933, No IDDE Issues were found during
Pa business park either inspection. No further action rtquirtd at thls time.
C. ~I Dash Point Rd & 1 Car acd~ent 51016-YNM~~dt1:1ar~ Ab-..orti-n:twMS~
10/17/16 lfJ/17/16 N/A N/A N/A N/A 10/17/16 0 N/A N/A N/A 0069 to clean up ~freeze splll No further at1lon required at this 4th Ave S twdfttl anti hem! lime.
The suds and foam are a result of Oflanlc vecetation
(espedally from a W1!tland o, wooded area) thlt is l'ilpidly
47th A" & SW I White goo lhot I
I I I I I I I I I I
I'""""' th• time of yea, which would obo ,ccou,t fo,the
N/A N/A 11/16/16 • N/A N/A N/A I S1116-I 5mell the resident complained of. It ls agitlted by our r1!Cl!:nt
Unknown I )16th Pl smells funny In 11/08/16 11/16/16 N/A N/A 0074 rains. Staff met with ~ resident on~te, thanked her for her ra,lne
report. and Informed her this w. a naturalty oa:un1ng
phenomenon. She S3'fS It Is something silt sees nch year ar,d
thanked us for responding. ll/15/2016
Unknown 135th A=&. SW Uquid In Roadway 11/14/JI, N/A NIA N/A N/A 11/14/16 0 N/A N/A N/A Sl116-Staff deaned up all Rt{uids from accidenL No ~id got into 11/14/16 0015 Jri(Sisyltaff'I.. JtaNnMfacdM~.
Pege2af4
20I7 NPOFS Annual Remi- Attachment 4
Cltvof Federal Way
Page 3 of 4
Enforcement
Timeline
Reported using Hotline
Violator
Location Address
Type of Discharge
Date of Report or Discovery
Initiation of Investigation
SWM Code Enforcement Action
Date Investigation Terminated
Total Days for Compliance
Amanda Folder #
Amanda Status
Parcel
VueWorks
Sub Basin
Notes (see Water Quality file for detailed info)
Date
Date
Issued
Date Due
Returned
In response to ERTS 669247, SWM inspector visited site and
performed site investigation of entire property. No water
Y
Walmart
1900 S 314th St
WQ violations
12/12/16
12/12J16
N/A
N/A
N/A
N/A
12/12/16
0
N/A
N/A
092104
51216-
WHll
quality issues or illicit connections to City's MS4 system were
9125
0055
discovered. Internal shop drains are all tied into an oil water
separator that has a legal permit for discharge into sanitary
sewer. No further action required.
Waste
'SWM maintenance crew visited site to determine if cleanup
Y
Managemen
Near 3740 SW
Leaking hydraulic
12/20/16
12/20/16
N/A
N/A
N/A
N/A
12/20/16
0
N/A
N/A
N/A
51216-
was required. Waste Management had already cleaned up
t
335th Ct
fluid onto road
0100
spill and no further action required.
Fluid was residual left over from incident over the weekend.
28600 Pacific Hwy
50816-
Fresh rain on Monday lifted residual oil left from accident.
Y
Unknown
S south bound
vehicle liquid spill
08/05/16
08/05/16
N/A
N/A
N/A
N/A
08/05/16
U
N/A
0002
SWM maintenance staff cleaned up left over oil with
Lanes
absorbent material. No further action required.
SWM staff visited the site after receiving information that
buses were being washed on the property. According o the
Belfair
General Manager, they are washing vehicles in the Western
N
Charters and
32427 Pacific Hwy
Washing buses on
01/25/16
01/25/16
N/A
N/A
N/A
N/A
01/25/16
0
N/A
N/A
038090
50116 -
portion of the lot, which is graveled and infiltrates. All catch
Airporter
5
property
0010
0010
basins were pulled and inspected for suds or soapy residue.
None was observed at the time of the inspection. No further
action required.
SWM staff met with property owner who admitted that a
Paint washed from
contractor had dumped a sediment pan in the driveway and
N
Unknown
29823 6th Ave S
driveway, down
02/26/16
02/26/16
N/A
N/A
N/A
N/A
02/29/16
3
N/A
N/A
515200
50216-
washed it into the street. SWM staff explained that although
street, and into
0140
0014
the marble cuttings are non-toxic, it is still an illicit driveway.
Y•
catch basin
SWM staff revisited site at 2:10 on 2/29/16 and cleanup was
nearly complete. No violation notice required.
Property owner sent a 30 day
AAA
27802 Pacific Hwy
Oil pollution;
correction letter to clean 2 catch
720480
50416-
Property owner was sent a SWM 30 -day correction letter to
N
Innovation
S
washing cars,
04/03/16
04/04/16
basins onsite. No further action
n/a
n/a
n/a
04/04/16
1
0167
0004
clean 2 catch basins onsite. No further action taken.
illegal pollution
taken.
Improperly stored
cooking grease
Follow up inspection on 6/10/16 showed drums cleaned and
Kun Kang
31656 Pacific Hwy
recycling drums,
092104
50616 -
emptied, and the parking lot area cleaned. Operator ordered
N
San Grill
spilled grease on
06/08/16
06/08/16
None
N/A
N/A
N/A
06/10/16
2
N/A
N/A
9255
0008
an approved grease disposal container and will store grease
Buffet
S
road surface, mop
indoors until said container arrives. No further action
water on road
required.
surface
Inspector spoke with contractor who was working on an
interior remodel of the home. Staff explained the nature of
the violation and the urgency to clean the effected catch
basins and pipes. Contractor stated that he was willing to
cooperate. Inspector provided him with a list of companies
who could perform the cleanup and a map outlining the
Concrete slurry
515296
50916-
effected portion of the storm drainage system. The Inspector
N
Unknown
2870711th Ave S
into storm drain
08/30/16
08/30/16
N/A
N/A
N/A
N/A
08/31/16
1
N/A
N/A
0400
0003
informed him that with rain in the forecast for the following
catch basins
day swift action was necessary to prevent further
contamination and that the City may take action to perform
the work and seek restitution. Contractor stated that would
hire a contractor to clean it up as soon possible. A company
was hired to vactor out the line and clean up slurry. No
further action required at this time.
... .......
Barrel with
Staff called Walmart to notify the
Barrel appeared to contain used antifreeze. Walmart
N
Walmart
1900 S 314th St
unknown
09/13/16
09/13/16
store manager. They indicated
N/A
N/A
N/A
09/21/16
7
N/A
N/A
7
N/A
management coordinated removal of barrel. No further
substance
that Walmart would remove the
action is required.
barrel.
Page 3 of 4
. 20.1.7 NPDESAnn uaI Report- Attachment 4
CIIV of Federal W
Page 4 of 4
rcement
Timeline
Reported using Hotline
Violator
Location Address
Type of Discharge
Date of Report or Discovery
Initiation of Investigation
SWM Code Enforcement Action
Date Investigation Terminated
Total Days for Compliance
Amanda Folder #
Amanda Status
Parcel
VueWorks
Sub Basin
Notes (see Water Quality file for detailed info)
Date
Date Due
Returned
F
SWM inspector made contact with business manager and
Fish processing bi-
performed site inspection with him. Business manager aware
products and
of ongoing problem and wants to cooperate with the City.
N
E&E Foods
34100 9th Ave S
blood pooling in
10/25/16
10/25/16
30 -Day Maintenance Correction
10/25/16
11/25/16
11/11/16
11/11/16
17
N/A
N/A
132180
51016-
Inspector issued 30 -day maintenance correction notice to
next to and in
Notice
0020
0104
address all problems at the site. Re -inspected site on 11/11J16
catch basin
and all work had been performed. No further action required
Contech filter vault
-......-..
.......... —
-
at this time.
_
Sto - P work order issued 10/26/16. 10/27/16 contractor
Turbid water052104
contacted inspector and indicated that erosion control
N
Unknown
29328 1 Ave S
leaving
10/26/16
10/26/16
N/A
N/A
N/A
N/A
10/27/16
1
N/A
N/A
5-1016 -
measures had been installed. Stop work order lifted on
construction site
9229
0121
10/27/16 after inspector inspected site to confirm that
erosion control is in place and effective.
Maintenance staff called out to provide inlet protection to
Fire on
adjacent stormwater collection points until fire was
undeveloped
extinguished. Catch basins were cleaned following fire
N
Gene's
1928 S 344th St
parcel included
10/27/16
10/27/16
None
N/A
N/A
N/A
11/04/16
9
N/A
N/A
212104
51016-
fighting activities. After water level receded and remaining
Towing
trash, debris, and
9045
0128
liquid was removed from the pond, contaminated soil was
tire piles.
excavated and removed From pond. No further action
required.
Violation Notice submitted requesting the leaking trash
N
Avery at the
125 SW Campus Dr
Leaking trash
11/08/16
11/08/16
WQ Violation
11/10/16
12/12/16
N/A
12/12/16
34
192104
9017
51116-
0041
West
Hylebos
compactor be fixed and install BMPs. Follow up inspection
Reserves
compactor
indicated BMPs installed. No further action required
N
J&M Auto
34110 Pacific Hwy
WQviolations
12/02/16
12/02/16
WQViolation
12/23/16
01/20/17
N/A
N/A
N/A
N/A
N/A
202104
51216-
WHOS
Multiple violations noted during site visits. Water Quality
Repair
S
9119
0028
violation issued 12/28/2016.
Staff visited the site on 6/22/16 at 1:00 pm. There was no
Y
Private
30845 10th Ave S
Carpet cleaning
06/22/16
06/22/16
None
N/A
N/A
N/A
06/22/16
0
N/A
N/A
024800
50616-
evidence of dumping carpet cleaning chemicals into catch
Residence
wastewater
0080
0016
basin. Staff spoke with resident at 30845 10th Ave SW and he
denied dumping anything down the drain.
Cooking grease collection bin and dumpster situated in close
Cooking grease
proximity to private storm catch basin. Recommend jetting
N
Outback
2210 5 320th St
near private storm
07/22/16
07/22/16
None
N/A
N/A
N/A
07/22/16
0
242320
N/A
the lines and cleaning the structure and surrounding area.
Steakhouse
Suite A6
catch basin
0050
BMPs should be put in place to prevent further contamination
of surface water.
Fluid was residual hydraulic fluid left over from previous
21st Ave SW from
incident on 7/21/16 over the weekend. Fresh rain on Monday
N
N/A
SW 330th to SW
Oil spill stretching
07/29/16
07/29/16
None
N/A
N/A
N/A
N/A
N/A
N/A
5-0816 -
lifted residual oil left from accident. SWM maintenance staff
344th
across road
0003
cleaned up left over oil with absorbent material. No further
action required.
SWM inspector worked with
ERTS 66656 Contractor removed hardened concrete slurry
N
MV
630 298th St S
Concrete Slurry
08/02/16
08/02/16
contactor to get them to remove
N/A
N/A
N/A
08/02/16
N/A
N/A
N/A
515190
N/A
from creek and cleaned out 5 catch basins. No further action
Concrete
into Cold Creek
hardened slurry from creek bed.
0130
required.
5WM was notified of spill on 12/30/16. Maintenance staff
In Front ofinvestigated
and found no evidence of sewage entering the
Y
Commons
S 320th and 21st
Small raw sewage
12/28/16
12/30/16
Maintenance staff met with
N/A
N/A
N/A
12/30/16
2
182104
51216-
MS4. Staff spoke with Lakehaven and they indicated that they
Mall
Ave 5
leak
Lakehaven on site.
9012
0128
will clean structures near the spill. No further action required
at this time.
Page 4 of 4
2017 NPDES Annual Report-Attachment 5 City of Federal Way
Attachment 5- Low Impact Development Summary Report
As required per S5.C.4.f.ii,the City of Federal Way(City) has reviewed recently city codes and other
enforceable documents to confirm that Low Impact Development (LID) is the preferred approach to
development within Federal Way. In 2009,the City reviewed existing codes and made a number of
changes to remove barriers to LID. As a result,there were few changes required in the City's
enforceable documents and guidelines to make LID the preferred approach.
City staff reviewed the following codes and enforceable documents during this process to ensure that
LID is implemented in future development within the City. Review included staff from the Planning,
Development Services, Streets and Traffic, Fire, as well as Surface Water Divisions.
In reviewing the referenced documents below, staff followed the review procedures in the July 2014
Department of Ecology's Low Impact Development Code Update and Integration Toolkit. AHBL's July
2012 Integrating LID into Local Codes: A Guidebook for Local Governments was also reviewed.
• Federal Way Revised Code
• City of Federal Way Public Works Development Standards
• Addendum to King County Stormwater Design Manual
The attached table is a summary of codes and documents reviewed and revisions made to those
documents. For any questions regarding the LID review process, please contact Mindi English with the
City of Federal Way at mindi.english @cityoffederalway.com or(253)835-2756.
Attachments:
• LID Summary Table
• List of Documents Reviewed
• Table of Reviewers
Page 1 of 7
Attachment 5- Low Impact Development Summary Table
X
X
X X
x x
X
X
X x
X X
Sidewalk slope direction is 2% towards planter strips (when
X
required) or towards road
LID Principles
Reviewed
turnarounds, are allowed under CFW DS.
X
No revisions during permit period.
emergency response. 42 foot minimum radius required forcul•
de -sacs.
X
x
x
x
x
x
x
Utilizing
Added definition for LID in 2009 - "Low Impact Development
(LID)" means a Stormwater management strategythat
No revisions during permit period.
emphasizes conservation and use of existing features
integrated with distributed, small-scale stormwater controls to
Minimize
Minimize
Loss of
Minimize
Protecting
Minimizing
Grading &
Preserving
Infiltrating
Dispersing
Stormwater
Naturalistic
Utilizing
Small -Scale,
Document Name: Code chapter, rules, standards, and
Section Reference, dated last updated,
Name of Reviewer(s)
Action Taken to Meet Permit
Describe/Note How Revision(s) made to meet permit
requirements OR if No revision(s) was made to this
Impervious
Native
Stromwater
Critical Areas
Compaction
Existing Flow
Stormwater
to Vegetated
Surface
Distributed
other enforceable documents
page number, etc.
to the most recent version fo the KCSWDM, the Federal Way
Requirements
,document, explain why.
Surfaces
Vegetation
Runoff
Section establishes ownership of stormwater facilities
of Site Soils
Paths
Runoff
Facilities
Conveyance
LID BMPs
Facilities
Chapter 13.3, Franchise Utilities; last
All required utilities shall be installed underground as new
X
X
X
City of Federal Way Design Standards -Chapter 1
updated Nov. 2014; Federal Way Drawing
Cole Elliott
No revisions during permit period.
ROWS are constructed.
-
—
47, last updated: 11/1/2014
Chapter 3.2.10, Transportation,
X
City of Federal Way Design Standards -Chapter 3
Intersections, last updated Nov. 2014;
Cole Elliott
No revisions during permit period.
All required utilities shall be installed underground as new
X
X
Federal Way Drawing 3-47, last updated:
ROWs are constructed.
11/1J2014
LID alternatives, such as permeable surfacing and on-site
stormwater management facilities, are encouraged where
appropriate based on existing site conditions and when
approved by the city. Parking areas, driveways and other
X
X
X
City of Federal Way Design Standards - Chapter 3
Chapter 3.2.15, Transportation, Surfacing
Mind! English
No revisions during permit period.
vehicular circulation areas must be surfaced with a material
Requirements; last updated Nov. 2014
comparable or superiorto the surface material of the adjacent
right-of-way. Fire access lanes that arenot part of the required
circulation or parking may be paved with grass grid pavers,
provided they meet the minimum loading pressure.
X
X
X X
x x
X
X
X x
X X
X I x I x I x I x I X
X X X X X
X x
City of Federal Way Design Standards - Chapter 3
City of Federal Way Design Standards - Chapter 3
City of Federal Way Design Standards - Chapter 3
Federal Way Design Drawings 3-16, 3-46
X City of Federal Way Revised Codes Chapter 15 - Shoreline
Management
Chapter 3.3, Transportation, Sidewalks and
Curbs; last updated Nov. 2014; Standard
Drawing 3-12; last updated March 2011;
Federal Way Tables 3.03 and 3.04; last
updated: Feb. 2011
Chapter 3.5.1, Transportation, Street Trees;
last updated Nov. 2014; Planning Standard
Drawing 3-31, last updated Oct. 2014
Chapter 3.2.10, Transportation,
Intersections, last updated Nov. 2014
Required turn around area and minimum
cul-de-sac radius
Section 5; Last Updated: 11/1/2011
City of Federal Way Revised Codes Chapter 16 - Surface Water Section 5.120 General Definitions, Last
Management I Updated: 10/20/2009
City of Federal Way Revised Codes Chapter 16 -Surface Water Section 10 Administration and
Management I Enforcement; Last Updated: 7/16/2009
X City of Federal Way Revised Codes Chapter 16 - Surface Water Section 20 Manuals and Addendums; Last
`Management I Updated: 10/20/09
X 1 City of Federal Way Revised Codes Chapter 16 - Surface Water I Section 25.010 Approval Standards; Last
Management Updated: 10/20/09
Cole Elliott
Cole Elliott
Cole Elliott
Cole Elliott
Mindi English
Mindi English
Mindi English
Mindi English
Mindi English
City of Federal Way Revised Codes Chapter 16 -Surface Water Section 35 Ownership, Operation and
X X Management Maintenance Requirements; Last Updated: Mindi English
10/20/2009
X City of Federal Way Revised Codes Chapter 16 - Surface Water Section 50.030 Allowable Discharges; Last Mindi English
Management Updated: 10/20/2009
Page 2 of 7
No revisions during permit period. (Sidewalk slope direction is 2% towards planter strips (when
required) or towards road
Sidewalk slope direction is 2% towards planter strips (when
X
required) or towards road
No revisions during permit period.
Alternatives to cul-de-sacs, including hammerhead
turnarounds, are allowed under CFW DS.
X
No revisions during permit period.
emergency response. 42 foot minimum radius required forcul•
de -sacs.
X
x
x
x
x
x
x
X
Added definition for LID in 2009 - "Low Impact Development
(LID)" means a Stormwater management strategythat
No revisions during permit period.
emphasizes conservation and use of existing features
X I x I x I x I x I X
X X X X X
X x
City of Federal Way Design Standards - Chapter 3
City of Federal Way Design Standards - Chapter 3
City of Federal Way Design Standards - Chapter 3
Federal Way Design Drawings 3-16, 3-46
X City of Federal Way Revised Codes Chapter 15 - Shoreline
Management
Chapter 3.3, Transportation, Sidewalks and
Curbs; last updated Nov. 2014; Standard
Drawing 3-12; last updated March 2011;
Federal Way Tables 3.03 and 3.04; last
updated: Feb. 2011
Chapter 3.5.1, Transportation, Street Trees;
last updated Nov. 2014; Planning Standard
Drawing 3-31, last updated Oct. 2014
Chapter 3.2.10, Transportation,
Intersections, last updated Nov. 2014
Required turn around area and minimum
cul-de-sac radius
Section 5; Last Updated: 11/1/2011
City of Federal Way Revised Codes Chapter 16 - Surface Water Section 5.120 General Definitions, Last
Management I Updated: 10/20/2009
City of Federal Way Revised Codes Chapter 16 -Surface Water Section 10 Administration and
Management I Enforcement; Last Updated: 7/16/2009
X City of Federal Way Revised Codes Chapter 16 - Surface Water Section 20 Manuals and Addendums; Last
`Management I Updated: 10/20/09
X 1 City of Federal Way Revised Codes Chapter 16 - Surface Water I Section 25.010 Approval Standards; Last
Management Updated: 10/20/09
Cole Elliott
Cole Elliott
Cole Elliott
Cole Elliott
Mindi English
Mindi English
Mindi English
Mindi English
Mindi English
City of Federal Way Revised Codes Chapter 16 -Surface Water Section 35 Ownership, Operation and
X X Management Maintenance Requirements; Last Updated: Mindi English
10/20/2009
X City of Federal Way Revised Codes Chapter 16 - Surface Water Section 50.030 Allowable Discharges; Last Mindi English
Management Updated: 10/20/2009
Page 2 of 7
No revisions during permit period. (Sidewalk slope direction is 2% towards planter strips (when
required) or towards road
Sidewalk slope direction is 2% towards planter strips (when
No revisions during permit period.
required) or towards road
No revisions during permit period.
Alternatives to cul-de-sacs, including hammerhead
turnarounds, are allowed under CFW DS.
Drawings indicate street minimums for safe access and
No revisions during permit period.
emergency response. 42 foot minimum radius required forcul•
de -sacs.
Chapter 19.145 of FWRC addresses critical areas and the
No revisions during permit period.
requdement; associated with them. LID BMPs are allowed in
critical areas, provided they meet requirements listed in
referenced FWRC.
Added definition for LID in 2009 - "Low Impact Development
(LID)" means a Stormwater management strategythat
No revisions during permit period.
emphasizes conservation and use of existing features
integrated with distributed, small-scale stormwater controls to
more closely mimic natural hydrologic patterns in residential,
commercial, and industrial settings.
Section provides standards and procedures for inspection and
No revisions during permit period.
maintenance of Stormwater facilities, including LID facilities
The City's code is written to adopt the most recent version of
the King County Surface Water Design Manual (KCSWDM), the
No revisions during permit period.
Federal Way Addendum to the KCSWDM, the King County
Stormwater Pollution Prevention Manual (KCSWPPM), and the
latest edition of the LID Technical Guidance Manual for Puget
Sound.
Requirements in this section include on-site flow control,
erosion and sediment control, maintenance standards, and
water quality requirements that are LID compatible and refer
No revisions during permit period.
to the most recent version fo the KCSWDM, the Federal Way
Addendum to the KCSWDM, the KCSWPPM, and the latest
edition of the LID Technical Guidance Manual for Puget Sound
Section establishes ownership of stormwater facilities
No revisions during permit period
(including LID facilities), maintenance responsibility, and
mmlmum mamtenarlce standards
No revisions during permit period.
Cade currently allows for uncontaminated groundwater
Page 3 of 7
Dispersing
Utilizing
Utilizing
Minimize
Minimize
Loss of
Minimize
Protecting
Minimizing
Grading &
Preserving
Infiltrating
Stormwater
Naturalistic
Small -Scale,
Document Name: Code chapter, rules, standards, and
Section Reference, dated last updated,
I
Name of Reviewer(s)
Action Taken to Meet Permit
Describe/Note How Revision(s) made to meet permit
requirements OR if No revision(s) was made to this
Impervious
Native
Stromwater
Critical Areas
Compaction
Existing Flow
Stormwater
to Vegetated
Surface
Distributed
other enforceable documents
page number, etc.
h
Requirements
document, explain why.
Surfaces
Vegetation
Runoff
of Site Soils
Paths
Runoff
Facilities
Conveyance
LID BMPs
j
Facilities
JJJJ
Tire KCSWPPM applies to development activities not covered
by the KCSWDM and Federal Way Addendum to the KCSW DM.
X
X
City of Federal Way Revised Codes Chapter 16 - Surface Water
Section 55 Best Management Practices;
Mindi English
No revisions during permit period
The BMP manual describes required source control BMPs, and
X
X
X
X
X
X
X
X
Management
Last Updated: 10/20/2009
the available treatment BMPSs, including LID techniques.
Priority is on source control BMPs before treatment BMPS.
Federal Way's Subdivision Design Criteria are already very LID
compatible, with provisions for cluster subdivisions, the
X
X
X
X
X
X
X
X
X
X
City of Federal Way Revised Codes Chapter 18 -Subdivision
Section 55 Design Criteria; Last Updated:
Ann Dower, Mindi English
No revisions during permit period.
conservation of open space, natural vegetation retention,
q/6/2010
identification and protection of significant trees, as well as the
use of bio -filtration swales for storm drainage.
Cluster subdivision applies to both long and short subdivisions.
The purpose of cluster subdivisions is to provide design
flexibility, sensitivity to the surrounding environment, and
innovation consisitent with the site and the comprehensive
plan; promote compatibility with housing on adjacent
X
X
X
X
X
X
X
X
City of Federal Way Revised Codes Chapter 18 -Subdivision
Section 55.040 Cluster Subdivisions; Last
Updated: 4/7/2009
Margaret Clark
No revisions during permit period.
properites through lot size and design; promote affordable
housing; promote reduction of impervious surface; promote
usable open space; and promote the retention of native
vegetation. Cluster subdivisions are allowed on a minimum of
2 acres. No special permit or variance is requried. Project
must meet approval criteria. Flexible site design criteria are
not available.
2002 Supreme Court case Isla Verde Int'I Holdings vs City of
Camas states that a City may not require that the same
percentage of open space be dedicated for all subdivisions. We
need to show that the dedication is related to the need for
additional: open space caused by the subdivision. This would
also apply for open space requirements for multi -family
development. In order for dedication requirements to be
X
X
X
X
X
X
X
X
X
City of Federal Way Revised Codes Chapter 18 -Subdivision
Section 55.060 Open Space and Recreation;
Margaret Clark
No revisions during permit period.
defensible, the City must show a nexus between the amount of
be dedicated for
Last Updated: 4/6/2010
o ace en s required to and the need
P P
additional open space generated by a subdivision. All
residential subdivisions, except for cottage housing and zero
lot line townhouse development, shall be required to provide
open space in the amount of 15 % of the gross land area of the
subdivision site. Any combination of open space types may be
used to accomplish the total area required. There is no
requirement for consolidating open space.
LID alternatives, such as permeable surfacing and on-site
X
X
X
X
X
X
X
X
X
X
City of Federal Way Revised Codes Chapter 18 -Subdivision
Section 60.050 Streets and Right of Way;Stormwater
Last Updated: 6/1/2010
Mindi English
No revisions during permit period.
management facilities, are encouraged where
a ro riate based on existing site conditions and when
appropriate g
approved by, the 6ty.
Added language in 2009, "LID best management practices are
encouraged when site and soil conditions make it a feasible
dpttori. LID facifties shall be designed and constructed in
Section 60,080 Subdivision Improvements
accordance with the provisions of FWRC Title 16, Surface
X
X
X
X
X
X
X
X
X
X
City of Federal Way Revised Codes Chapter 18 -Subdivision
(in regards to Stormwater Drainage and
Mindi English
No revisions during permit period.
Water Management." Added language in 2009, "LID
Streets); Last Updated: 10/20/2009
alternatives. such as permeable surfacing and on-site
stormwater management facilities, are encouraged where
appropriate."
X
X
X
City of Federal Way Revised Codes Chapter 18 -Subdivision
Section 60.090 Other Utilities; Last
Cole Elliott
No revisions during permit period.
All required utilities shall be installed underground as new
updated: 5J5,/2007
ROWS are canstructEd.
City of Federal Way Revised Codes Chapter 19 - Zoning and
Section 110 Density and Dimensions; Last
Ann Dower, Mindi English
No revisions during permit period.
Determines maximum lot coverage, provisions for cottage
X
X
X
X
X
Development Code
Updated: V6/2009
housing
City of Federal Way Revised Codes Chapter 19 -Zoning and
Section 115.060 Builing Design -All Zoning
Mindi English
No revisions during permit period.
Landscaping requirements listed by zoning district. Chapter
X
X
X
X
X
X
Development Code
Districts; last updated: 4/7/2009
also requires specific plants and vegetation for landscaping,
q P P g P g•
Page 3 of 7
Page 4 of 7
Utilizing
Minimize
Minimize
Minimize
Minimizing
Preserving
Infiltrating
Dispersing
Naturalistic
Utilizing
Describe/Note How Revision(s) made to meet permit
Impervious
Loss of
Stromwater
Protecting
Grading &
Existing Flow
Stormwater
Stormwater
Surface
Small -Scale,
Document Name: Code chapter, rules, standards, and
Section Reference, dated last updated,
Name of Reviewer(s)
Action Taken to Meet Permit
requirements OR if No revision(s) was made to this
Surfaces
Native
Runoff
Critical Areas
Compaction
Paths
Runoff
to Vegetated
Conveyance
Distributed
other enforceable documents
page number, etc.
Requirements
document, explain why.
Vegetation
of Site Soils
Facilities
Facilities
LID BMPs
Section encourages the preservation of existing trees on the
City of Federal Way Revised Codes Chapter 19 - Zoning and
Section 20 - Zoning and Development Code
site whenever feasible and includes native tree and plant list.
X
X
X
X
X
X
X
Development Cade
-Clearing, Grading, and Tree Retention; last
Ann Dower
No revisions during permit period.
Code updated in 2009 to read "Plan review approvals under
updated: 10/20/2009
this section are subject to the provisions of FWRC Title 16,
Surface Water Management."
Clearing and grading activities for developments shall be
permitted in conjunction with an approved site development
plan (e.g., subdivision approval, site plan approval, etc.) that
Section 120.080 - Section 20 - Zoning and
establishes permitted areas of clearing, grading, cutting, and
X
X
X
X
X
X
X
X
X
City of Federal Way Revised Codes Chapter 19 - Zoning and
Development Code -Clearing, Grading, and
Margaret Clark
No revisions during permit period.
filling. Permitted disturbance or compaction of native soils,
Development Code
Land Disturbance Limits; last updated:
except as needed for building purposes. Permitted clearing
4/7/2009
and grading areas and any other areas required to preserve
critical or sensitive areas, buffers, native growth protection
easements, or required tree retention areas shall be
delineated on the site plans.
City of Federal Way Revised Codes Chapter 19 -Zoning and
Section 120.130 -Tree and Vegetation
Current code with minimum tree density requirements for
X
X
X
X
X
Development Code
Retention Standards; last updated:
Margaret Clark
No revisions during permit period.
vacant or redeveloping sites.
4J7J2009
All portions of a lot not used for buildings, future buildings,
parking, storage or accessory uses, and proposed landscaped
X
X
X
X
X
City of Federal Way Revised Codes Chapter 19 - Zoning and
Section 125 - Outdoors, Yards, and
Margaret Clark
No revisions during permit period.
areas shall be retained in a "native" or predeveloped state. The
Development Code
Landscaping; last updated: 4/7/2009
departement of community development may allow or require
supplemental plantings in these areas, pursuant to the
provisions of this title.
Developments are encouraged to use parking lot landscaping
City of Federal Way Revised Codes Chapter 19 - Zoning and
Section 125.070 - Parking Lot Landscaping;
as on-site LID stormwater infiltration facilities, unless such
X
X
X
X
X
X
Development Code
last updated: 10/20/2009
Margaret Clark
No revisions during permit period
techniques are infeasible. LID stormwater infiltration facilities
shall be designed and constructed in accordance with FWRC
Title 16, Surface Water Management
X
X
City of Federal Way Revised Codes Chapter 19 - Zoning and
Section 130.170 - Compact Car Spaces; last
Margaret Clark
No revisions during permit period.
The applicant may develop and designate up to 25 percent of
Development Code
updated: 5/15/2007
the number of parking spaces for compact cars.
Driveways shall be located to be visible from the right-of-way
but not impede pedestrian circulation on-site orto adjoining
properties. Driveways should be shared with adjacent
Section 130.240 - Driveways and Parking
properties to minimize the number of driveways and curb cuts.
City of Federal Way Revised Codes Chapter 19 -Zoning and
Areas; last updated: 4/7/2009; Federal
Code does not specifically call out locating driveways near
X
X
X
X
Development Code
Way Design Tables 3.2 CC through 3.2 GG,
Cole Elliott, Margaret Clark
No revisions during permit period.
entrances to buildings. Purpose of code is to implement
last updated: 4/11/2008
community design guidelines by adopting design guidelines in
accordance with land use and development policies
established in the Federal Way comprehensive plan, and in
accordance with, crime prevention through environmental
design (CPTED) guidelines.
X
X
X
X
X
City of Federal Way Revised Codes Chapter 19 - Zoning and
Section 135.100 - Development
Ann Dower
No revisions during permit period.
Pervious paving techniques may be used on private roads
Development Code
Improvements; last updated: 10/20/2009
where feasible.
City of Federal Way Revised Codes Chapter 19 - Zoning and
Section 135.160 - Landscaping; last
Street trees are required to be installed in conformance with a
X
X
X
X
X
Development Code
updated: 5/15/2007
Cale Elliott
No revisions during permit period.
ROW landscaping plan, which is approved by the PW director.
This allows for flexibility in tree species to be installed.
:Section 135.270 (1) - Driveway Design; last
For driveways that serve only single-family residential uses and
updated: 5/15/2007; Sections 195 - 240
zero lot line townhouse developments, the maximum
X
X
X
City of Federal Way Revised Codes Chapter 19 - Zoning and
Zoning Development Standards, last
Mindi English
No revisions during permit period.
driveway width is the greater of 20 feet for a two or more stall
Development Code
updated: 2007 -2012; Federal Way Design
driveway, ten feet for each parking stall, and 10 feet For a
Tables 3.2 CC through 3.2 GG, last updated:
one -stall driveway
4/11/2008
Structures shall be set back a distance 5 feet from the edges of
X
X
X
City of Federal Way Revised Codes Chapter 19 - Zoning and
Section 145 - Environmentally Critical
Margaret Clark
No revisions during permit period.
a critical area buffer. The following may be allowed in the
Development Code
P
Areas; last updated 6/16/2015
Pg
building setback area - landscaping, building overhangs, and
P g. g g
fences or railings less than or equal to 6 feet in height.
Page 4 of 7
Minimize
Minimize
Loss of
Minimize
Protecting
Minimizing
Grading &
Preserving
Infiltrating
Dispersing
Stormwater
Utilizing
Naturalistic
Utilizing
Small-Scale,
Document Name: Code chapter, rules, standards, and
Section Reference, dated last updated,
Name of Reviewer(s)
Action Taken to Meet Permit
Describe/Note How Revision(s) made to meet permit
requirements OR if No revision(s) was made to this
Impervious
Native
Stromwater
Critical Areas
Compaction
P
Existing Flow
Stormwater
to Vegetated
Surface
Distributed
other enforceable documents
page number, etc.
Requirements
document, explain why.
Surfaces
Vegetation
Runoff
of Site Soils
Paths
Runoff
Facilities
Conveyance
Facilities
LID BMPs
Chapters refer to building set backs, height limits, maximum
square footage, off street parking regulations, minimum and
maximum parking regulations, and maximum impervious
City of Federal Way Revised Codes Chapter 19 - Zoning and
Sections 195 - 240 Zoning Development
Ann Dower, Margaret Cark,
No revisions during permit period.
surfaces for various zoning areas. These include (but are not
X
X
X
X
Development Code
Standards; Last Updated: 2007 - 2012
Cole Elliott
limited to): suburban estate, multi-family residential, single -
family residential, city center core, commercial enterprise,
office park, and professional office.
Although not referred to as Performance Based Designs (PUD),
Section 205 - Multi-family Residential; last
PUDs are not addressed in FWRC,
CFW does have zoning and requirements For high density
City of Federal Way Revised Codes Chapter 19 -Zoning and
updated: 5/5/2007; Section 225.070; last
Mindi English
however they are addressed in the
residential (RM) and City Center- Core. Each of these zoning
X
X
X
X
X
Development Code
updated 12/4/2012
KCSWDM, which City has adopted.
designations have specific requirements regarding parking
spaces, maximum lot coverage and minimum lot sizes.
Section 115.050 (2) (c) Site Design - All
Driveways shall be located to be visible from the ri ht-of-wa
Ys right-of-way
City of Federal Way Revised Codes Chapter 19 -Zoning and
Zoning Districts; last updated: 4/7/2009;
Margaret Clark, Mindi
No revisions during permit period.
but not impede pedestrian circulation on-site or to adjoining
X
X
Development Code
Sections 195 - 240 Zoning Development
English
Driveways should be shared with adjacent
properties, Y 1
Standards; Last Updated: 2007 - 2012
properties to minimize the number of driveways and curb cuts.
The City has adopted the 2016 KCSWDM. Section 2.3.1.3
(Drainage Review and Plan Specifications) requires a
construction sequence specifically written for each project,
and requires perimeter protection and cautionary notes for
X
X
X
X
X
King County Surface Water Design Manual
Section 2.3.13 - Construction Sequencing;
Ann Dower, Mindi English
No revisions during permit period.
existing and proposed BMP's. Appendix C, which provides
X
X
X
X
X
last updated 4/24/2016
design detail for each BMP, states specific ESC and sequencing
requirements for each BMP during construction. Appendix D,
which goes into greater detail on each ESC measure, requires
protection of existing and proposed BMP's.
The City of Federal Way has adopted the King County Surface
Section 5.2.1-Stormwater Treatment, Flow
Water Design Manual (KCSWDM). Iniltration facilities within
X
X
X
X
X
X
KCSWDM 5.2.1
BMP/Treatment Facility Locations; last
Mindi English
No revisions during permit period.
the City of Federal Way are required to meet the soil and
X
X
updated 4/24/2016
Infllrration requirements listed in Chapter 5.2.1 of the
KCSWDM.
Table 1 provides minimum design standard requried for
Minimum Street Design Standards Table 1;
Desiree Winkler, Rick Perez,
No revisions during permit period.
streets in Federal Way. These include minimum requirement
X
X
X
X
Minimum Street Design Standards Table 1
last updated 3/16/2009
Cole Elliott, Mindi English
for travel lane widths, ROW widths, sidewalk widths, and curb
requirements,
rhe City follows International Fire Code 503.2.3 which states,
"Fire apparatus access roads shall be designed and maintained
X
City of Federal Way Revised Codes Chapter 13 -Buildings
Section 31- Fire code; Last updated
Mindi English
g
No revisions during permit period
g P P
to support the imposed loads of fire apparatus and shall be
PP p PP
X
X
6/4/2013
surfaced so as to provide all-weather driving capabilities,"
which allows for alternative LID surfaces.
I
X
X
X
City of Federal Way Revised Codes Chapter 13 - Buildings
--
Chapter 13.31.030 2012 International FireMindi
Code amendments
En lash
g"
No revisions durin ermrt eriod
g p p
[The Cityfollows International Fire Code 503.2.1 wfiich states
re a
apparatus access roads shall have an unobstructed width
of not less than 20 feet."
Page 5 of 7
2017 NPDES Annual Report-Attachment 5 City of Federal Way
LID Related Codes, Rules, Standards, and other Enforceable Documents Reviewed
Federal Way Revised Federal Way Revised Code,A Codification of the General
Codes Ordinances of the City of Federal Way, Washington, Dec. www.codepublishing.com/WA/FederalWay/
2016
Federal Way Addendum
to King County City of Federal Way,Addendum to The King County www.cityoffederalway.com/node/1467
Stormwater Design Surface Water Design Manual,January 8, 2017
Manual
King County Stormwater King County Washington Surface Water Design Manual, www.kingcounty.gov/services/environment/water-
Design Manual King County Department of Natural Resources and and-land/stormwater/documents/surface-water-
Parks,April 24, 2016 design-manual.aspx
Table 1 Development City of Federal Way, 2015 Development Standards http://www.cityoffederalway.com/node/1467
Standards Manual
Stormwater Pollution Prevention Manual, Best
King County Stormwater www.kingcounty.gov/services/environment/water-
Management Practices for Commercial, Multi-Family
Pollution Prevention and-land/stormwater/documents/pollution-
Manual and Residential Properties, King County Department of prevention-manual.aspx
Natural Resources and Parks, April 2016
Low Impact Development Technical Guidance Manual
www.psp.wa.gov/downloads/LID/20121221_LIDman
LID Manual Puget Sound for Puget Sound, Washington State University Extension ual FINAL secure.pdf
and Puget Sound Partnership, Dec. 2012 — —
Page 6 of 7
2017 NPDES Annual Report-Attachment 5
Staff Responsible for LID Review
Name of Reviewer Job Title Department
Mindi English Surface Water Coordinator Public Works
Ann Dower Senior Engineering Plans Reviewer Public Works
Theresa Thurlow Surface Water Manager Public Works
Isaac Conlen Planner Community Development
Margaret Clark Planner Community Development
Scott Sproul Acting Community Development Director Community Development
Rick Perez Traffic Division Manager Public Works
Desiree Winkler Public Works Deputy Director Public Works
Edward Walsh Public Works Deputy Director Public Works
Hollie Shilley Water Quality Specialist Public Works
Mark Orthman City Attorney Legal
Cole Elliott Development Services Manager Public Works
Page 7 of 7
2017 NPDES Annual Report-Attachment 6 City of Federal Way
Attachment 6- Summary of Catch Basin Cleaning Program
Alternative schedule for catch basin cleaning based on a 10-year study performed by the City of
Federal Way
The City of Federal Way(City) initiated a Catch Basin Evaluation Study in 2002 as a means to determine
the most efficient and cost-effective manner to maintain the City's 12,500 catch basins. The goal of the
study was to:
• Reduce annual expenditures
• To avoid cleaning "clean" structures
• To determine an appropriate cleaning schedule
• To comply with NPDES permit requirements to maintain infrastructure
• To satisfy NPDES permit requirements to inspect catch basins
To begin the study, all catch basins were cleaned, measured, and inventoried.The City was broken
up geographically into 7 circuits based on average land use.The sediment levels of randomly
selected catch basins in each area were measured annually for duration of ten years. The number
of catch basins sampled in each area was based on a sample size large enough to be statistically
significant so the data could be extrapolated to the entire circuit. This data was used to determine
an optimal cleaning schedule for the 7 circuits.The NPDES permit allows for an alternative
cleaning schedule to reduce inspection and/or maintenance frequency based on records of double
the length of time of the proposed frequency.This study collected 10 years of data and resulted in
the following cleaning schedule:
Circuit Name Number of Catch Year(s)Cleaned During Cleaning Frequency
Basins Permit Cycle (yrs.)
Lakota 604 2013, 2016 3
Steel Lake 1650 2012, 2015 3
Weyerhaeuser 102 2012, 2016 4
Campus 1760 2013, 2018 5
Hylebos 328 2014 5
Twin Lakes 2077 2017 5
Dumas Bay 639 2014 5
Page 1 of 1
2017 NPDES Annual Report-Attachment 7 City of Federal Way
Attachment 7- Description of Stormwater Monitoring Studies
The City of Federal Way(City) was awarded a grant from the Washington State Department of Ecology
Water Quality Algae Control Program to generate credible and valuable surface water quality and
hydrologic data within the Upper Joe's Creek Watershed that may be used to identify, control, and
reduce external surface and stormwater sources of nutrients to the Twin Lakes (Lake Lorene and Lake
Jeane). The presence of high nutrient levels in the Twin Lakes has resulted in the generation of harmful
algae blooms (HABs)composed of toxic cyanobacteria. The outcome of the Upper Joe's Creek
Watershed Nutrient Reduction Project is expected to allow for the identification, control, and reduction
of external surface and stormwater sources of nutrients to the Twin Lakes (Lake Lorene and Lake Jeane),
with a long term goal of reduced HAB formation.
The City began collecting water quality samples in January 2016 of the Upper Joe's Creek Watershed.
Twelve monthly samples and four storm event water quality samples were collected at nine locations
throughout the watershed during 2016. Samples were analyzed for total phosphorus,orthophosphate,
nitrate+ nitrite nitrogen, and fecal coliform bacteria.Statistical analysis, including loading rates, a
geometric mean for fecal coliform, and spatial trends in nutrient and bacteria concentrations will be
calculated with the data collected in 2016.
Page 1 of 1
COUNCIL MEETING DATE: March 21,2017 ITEM#: 5f
....................................................................... . .....
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDMENT No.2 To LICENSE AGREEMENT BETWEEN BALLI ROAD,LLC AND THE CITY OF
FEDERAL WAY.
POLICY QUESTION: Should the City of Federal Way sign Amendment No. 2 to License Agreement between
Balli Road,LLC and the City of Federal Way?
COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: March 14,2017
SAFETY COUNCIL COMMITTEE(PRHS&PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY:LIEUTENANT BRIGS SCHULZ DEPT: Police
.........................................................................................................................................................................................................................................................................................................................................................................................................................
Attachments:
1. PRHS &PS Memo
2. Amendment No.2 to License Agreement
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATION: 1—Sign Amendment No.2 to License Agreement
MAYOR APPROVAL: a aa. IRECTOR APPROVAL:
ommitte ouncil Initial/Date
Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward Amendment No. 2 to License Agreement between Balli
Road, LLC and the City of Federal Way to the Mar h 21, 2017, Consent Agenda for approval"
C mittee Chai" Committee I ember Committe• em'-r
PROPOSED COUNCIL MOTION: "I move approval of Amendment No. 2 to License Agreement between Balli
Road, LLC and the City of Federal Way and authorize Mayor Jim Ferrell 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—11/2016 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: March 14
DA , 2017
TO: Parks, Recreation, Human Services and Public Safety Council Committee
O y
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Amendment No. 2 to License Agreement between Balli Road, LLC and the City of
Federal Way
The City of Federal Way/Federal Way Police Department has had a License Agreement with
Balli Road, LLC for the Police Department's Downtown Substation since January 22, 2014.
The Downtown Substation is used by both the FWPD Traffic Unit and our Special Operations
Unit to cover the downtown core area.
The City will pay Balli Road, LLC $3,500 in rent each month.
1
AMENDMENT NO. 2 TO LICENSE AGREEMENT
BETWEEN
BALLI ROAD, LLC and THE CITY OF FEDERAL WAY
THIS AMENDMENT (Amendment No. 2) is made this 1st day of February, 2017 by and
between BALLI ROAD, LLC, a Washington Limited Liability Company hereinafter referred to as
"Licensor", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington
hereinafter referred to as "Licensee". Licensor and Licensee for valuable consideration and by mutual
consent agree to amend the original License Agreement ("Agreement") for police office space dated
January 22, 2014, as amended by Amendment No. 1, as follows:
WHEREAS, Licensor is the owner of certain real property that includes office space containing
fixtures and equipment located at 31620 23rd Ave S, Suite 102, Federal Way, Washington 98003 (the
"Property"); and
WHEREAS, the City's Police Department needs an indoor facility to use as a downtown
substation; and
WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use
subject to certain conditions; and
WHEREAS, the City's Police Department occupied the office space beginning February 1, 2014;
and
WHEREAS, Licensee desires to.use the Property, subject to the terms and conditions provided
for herein. The parties extended the lease term on January 26, 2015 to terminate January 31, 2017.
NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby
acknowledged and the terms of which are hereinafter outlined, the parties agree to the following
amendments:
1. The License Term shall be amended to remain in effect until December 31, 2018.
2. Licensee shall pay Licensor rent in the amount of $3,500 per month commencing
February 1, 2017 for use of the Property during the amended term of this Agreement.
3. Licensor may not terminate this Agreement early for any reason. Upon natural
termination of this License on December 31, 2018, Licensee shall quietly and peaceably surrender the
Licensor's Property in a manner that fully complies with all applicable state, federal, or local statute,
regulation or ordinance and will leave the Licensor's Property in as good condition as such Property was
in at the time of Licensee's entry on the Property under this Agreement. Furthermore, the terms of this
Agreement that would, by their nature, survive termination, including, without limitation, the terms that
govern Licensee's removal obligations and Licensee's indemnification obligations, as well as this survival
provision, will survive any termination or expiration of this Agreement.
4. All notices, demands, or requests required or permitted to be given under this Agreement
shall be hand-delivered or sent by mail, return receipt requested and addressed to the parties as follows:
LICENSOR: Balli Road, LLC
c/o Power Property Consultants, Inc.
31620 23`d Ave S#200
Federal Way, WA 98003
Attn: John Hunt
Tel.: 253-214-2141
1
LICENSEE: Federal Way Police Department
Attention: Chief Andy Hwang
33325 8th Avenue S
Federal Way, WA 98003
Tel.: (253) 835-6701
5. All other terms and provisions of the Agreement, together with any prior amendments
thereto, not modified by this Agreement, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto,
after the previous expiration date and prior to the effective date of this Agreement, is hereby ratified as
having been performed under the Agreement, as modified by any prior amendments, as it existed prior to
this Amendment. The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Agreement, which is binding on the parties to the License.
IN WITNESS WHEREOF, Licensor and Licensee have executed this Amended Agreement as of
the date and year first set forth above.
LICENSEE:
CITY OF FEDERAL WAY
By:
Jim Ferrell, Mayor
ATTEST: APPROVED AS TO FORM:
Stephanie Courtney, CMC, City Clerk J. Ryan Call, Acting City Attorney
LICENSOR:
BALLI ROAD, LLC
By:
Patrick Rhodes, Manager
STATE OF WASHINGTON
)ss.
COUNTY OF
On this day personally appeared before me Patrick Rhodes, to me known to be the Manager of Balli Road, LLC that
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to
execute said instrument.
GIVEN my hand and official seal this day of ,2017.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
2
COUNCIL MEETING DATE: March 21,2017 ITEM#:g
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:AGREEMENT WITH PUBLIC HEALTH SEATTLE&KING COUNTY
POLICY QUESTION: Should the City of Federal Way enter into an agreement with Public Health Seattle&King
County for emergency use of the City of Federal Way Community Center.
COMMITTEE: Parks,Recreation,Human Services, and Public Safety MEETING DATE: March 14,201b.1
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ra Gross Emergency Manager te6 DEPT: Emergency Management
Attachments: Agreement and Regional Coordination Framework
Options Considered:
Option 1.Approve entering into an agreement with Public Health Seattle&King County
Option 2. Do not approve entering into an agreement with Public Health Seattle & King County and
provide direction to staff.
....................................................................................
MAYOR'S RECOMMENDATION: Approval of Option 1,to enter into an agreement with Public Health Seattle
& King County.
MAYOR APPROVAL: /y 47 �4// 1 DIRECTOR APPROVAL:
c mi co cil Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward _the agreement with Public Health Seattle & King
County to the March 21S`, 2017 consent agenda for approval.
0
C i * ittee Chair Committe- Member Committe- -m•
PROPOSED COUNCIL MOTION: "I move approval of "
(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-11/2016 RESOLUTION#
PHSKC#
Agreement between
Public Health—Seattle& King County
and the City of Federal Way
This agreement is made and entered into between Public Health-Seattle and King County(PHSKC)
and the City of Federal Way(CoFW) as Subscribing Organizations to the Regional Coordination
Framework (RCF) and the companion "Agreement"that covers the legal and financial aspects of
resource sharing and cost recovery. Both PHSKC and the CoFW have signed the Agreement,
incorporated herein as Attachment 1, for organizations participating in the RCF. This agreement is
governed by the terms of the Agreement. If PHSKC and the CoFW sign an instrument in the future
that replaces the Agreement, this MOU will continue to apply and will be governed by the terms of
the replacement instrument unless terminated pursuant to Section VIII. The Agreement defines the
responsibilities of PHSKC as a"Requester"and the CoFW as a"Responder"in an incident.
I. Introduction
In a large to catastrophic disease outbreak, bioterrorist attack, natural or human-caused disaster,
PHSKC would serve as a primary organization for the medical response in King County, as
designated in Emergency Support Function(ESF) 8 of the of the King County Comprehensive
Emergency Management Plan.
The response could include vaccinating and/or dispensing medication to large numbers of people,
sheltering and providing care for patients with medical needs or operating a family assistance center.
PHSKC may need to operate temporary sites where large numbers of people can be served. The
CoFW owns/leases facilities that would be appropriate temporary sites. The purpose of this
agreement is to designate the facilities, define a method for developing a security plan, define the
terms for initiation of use of the facilities, and establish the responsibilities of each organization
during an incident. Unless otherwise agreed, PHSKC will request use of the CoFW facilities only
during a large or catastrophic incident requiring a medical response. Use of the facilities will occur
based on mutual agreement, as outlined in Section IV of this agreement.
The CoFW will act in good faith to implement as much of this agreement as possible. Depending on
the severity of an event and physical impact to the infrastructure of the CoFW facilities, the CoFW
will implement the terms of this agreement to the best of its ability.
Nothing in this plan should be construed as independent of or bypassing regular emergency
management procedures or the provisions of county or state declarations of emergencies.
II. Designated Facilities
The CoFW will make reasonable efforts to make available the following facilities for use to support
ESF-8 Health and Medical response operations:
Federal Way Community Center 876 S 333`d Street, Federal Way, WA 98003
Agreement between Page 1 of 4
PHSKC and CoFW
PHSKC#
These facilities are available for use at any time of the year and could be used 24 hours/day, if
necessary. Other CoFW facilities may be available at the time of an event. At such time, the CoFW
will be flexible and work with PHSKC to offer facilities that meet mutual needs.
III. Security Plan
PHSKC and CoFW will cooperate to assess security issues pertinent to each designated facility and
complete a Security Plan for each facility. The Security Plan(s) will be reviewed annually by both
parties and updated as necessary.
IV. Notification of Initiation of Use of Facilities
Use of the facilities would be triggered by a large to catastrophic disease outbreak, bioterrorist attack,
natural or human-caused disaster that impacts the public's health and necessitates the activation of
facilities to support the regional public health and medical response.
PHSKC will request use of the designated facilities at least 24 hours prior to start of use. The CoFW
will provide confirmation to proceed as soon as possible after receiving the request.
PHSKC will specify as soon as possible after making the request to use the facilities:
• the anticipated duration of the response
• the anticipated hours of operation
V. Responsibilities of PHSKC
ESF 8 of the King County Comprehensive Emergency Management Plan under outlines the
responsibilities of PHSKC durin g a large scale disaster. The outlined responsibilities include
g p
coordination of mass immunization and dispensing programs, sheltering people with medical needs
or operating family assistance centers. Should a response operated by PHSKC at the facilities
designated by the CoFW occur, PHSKC will be responsible for:
• Set up and operate Incident Command
• Manage public information activities
• Provide computers
• Administer data management activities
• Coordinate communication with city, county, state, and federal agencies, as needed
• Provide instructions for set up of facilities
• Provide all vaccines, supplies and equipment needed for operations
• Provide staffing for delivery of vaccinations and/or dispensing of medication
• Provide clinical staff, if needed
• Arrange for food service for staff and patients
• Dispose of biomedical waste
• Conduct post utilization decontamination
Agreement between Page 2 of 4
PHSKC and CoFW
PHSKC#
VI. Responsibilities of CoFW
Should City facilities be activated by PHSKC, CoFW will:
• Cancel events scheduled for facilities
• Provide interne connectivity as identified in the Site Security Plans to the best of its ability
• Assist in set up of facilities based on instructions from PHSKC to the best of its ability
• Ensure availability of parking identified in the Site Plans
• Ensure availability of equipment identified in the Site Plans to the best of the CoFW ability
• Arrange for maintenance of equipment identified in the Site Plans during response operations , if
needed
• Ensure continuation of janitorial services to the best of its ability
VII. Cost and Payment
The CoFW shall provide the facilities without rental cost to PHSKC for a period of 72 hours from the
period of initial access. After which time, and for the reaming duration of the event, PHSKC agrees
to pay full market rate. PHSKC agrees to pay the CoFW for valid and invoiced"assistance costs"
consistent with the procedures and definitions outlined in the Agreement.
VIII. Term and Termination
This agreement is effective upon signature by both parties. Either PHSKC or the CoFW may
terminate this agreement with written notification to the other no less than thirty (30) calendar days.
[signature page to follow]
Agreement between Page 3 of 4
PHSKC and CoFW
PHSKC#
IX. Contacts
The contacts for PHSKC are:
Carina Elsenboss
Preparedness Director,
Public Health Preparedness Section
401 Fifth Ave. Ste. 1300
Seattle, WA 98104
206-263-8722
carina.elsenboss@kingcounty.gov
The contacts for the CoFW are:
John Hutton Doug Nelson
Parks Director Recreation Manager
City of Federal Way City of Federal Way
33325 8th Avenue South 876 S 333`d Street
Federal Way, WA 98003 Federal Way, WA 98003
24 HR Cell: 206-943-1400 24 HR Cell: 253-261-1686
24 HR E-mail: 24 HR E-mail:
john.hutton @cityoffederalway.com doug.nelson @cityoffederalway.com
Office: 253-835-6910 Office:253-835-6930
Priority notification to implement facility use is through the Parks Director as listed above.
X. Signatures
Public Health—Seattle& King County City of Federal Way of Washington
Michael Gedeon Jim Ferrell
Chief Administrative Officer Mayor
Public Health—Seattle& King City of Federal Way of WASHINGTON
33325 8th Avenue South
Federal Way, WA 98003
Date: Date:
Agreement between Page 4 of 4
PHSKC and CoFW
King County
AGREEMENT
Regional Coordination Framework
for Disasters and Planned Events
for Public and Private Organizations
in King County, Washington
February 2014
Regional Coordination Framework AGREEMENT
Updating Process of former "Omnibus Legal and Financial Agreement"
As the development of the `Regional Disaster Plan' began in 1999,there was also a need to
create a `mechanism to share resources.' The Plan focused on establishing a cooperative and
voluntary platform linking private businesses,nonprofit organizations, government agencies,
and special purpose districts. A legal document was needed to address emergency assistance
covering the legal and financial obligations of partners sharing personnel, equipment
materials and/or support during a disaster.
Back in 1999 to 2001, legal advisors from King County Prosecuting Attorney's Office and
several other public and private entities worked together to frame the appropriate legal and
liability language forming the `Omnibus Legal and Financial Agreement.' The Agreement
withstood the legal review and approval of many public,private and nonprofit organizations
that thereafter signed onto the Plan and Omnibus,
As the Plan transitioned and evolved into the `Framework,' the time was also appropriate to
revisit the Omnibus. Over the twelve year tenure of the Omnibus,mutual aid methodology
and practices had evolved at the regional, State and Federal levels; as well as alterations in
the Federal Emergency Management Agency(FEMA)public assistance arena.
In 2012 a subcommittee of the Regional Disaster Planning Work Group began the process to
revisit the Omnibus language. The subcommittee existed of legal advisors from King
County, City of Auburn and City of Seattle and emergency managers from King County,
Seattle, Bellevue, Zone 1, Zone 3 and Washington State. Through several meetings
leveraging the guidance and expertise of the legal and mutual aid subject matter experts
involved, the subcommittee finalized the current draft of the `AGREEMENT for
Organizations Participating in the Regional Coordination Framework for Disasters and
Planned Event for Public and Private Organizations in King County, Washington.' A large
percentage of the original language has stayed the same with a few language and terminology
updates. The key areas of adjustment include:
New Changes
Document re-titled to `Agreement' —simpler title; Replaced `Omnibus Legal and Financial
Agreement'
Replaced `Plan' wording throughout document with `Framework'
Replaced `Omnibus' wording throughout document with `Agreement'
Terminology changes made by replacing `borrower' and `lender' with `requester' and
`responder'
Adjusted language in `Article I—Applicability' to say"...located in King County.";
Replaced"...in and bordering geographic King County."
Updated verbiage in `Article II—Definitions' on `Basic Plan' and `Package' since it is now a
`Framework'
Cleaned-up language in `Article II—Definitions' on `Emergency'
2 AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
Cleaned-up language in `Article II—Definitions' on `Emergency Contact Points'
Updated respective sections with correct King County Office of Emergency Management
address; Former `7300 Perimeter Road' address
Updated verbiage in `Article IV—Role of Emergency Contact Point for Signatory Partners
Renaming to and cleaned-up language in `Article VI—Payment and Billing'; Formerly titled
`Article VI—Payment for Services and Assistance'
Cleaned-up language in `Article VIII—Requests for Emergency Assistance'
Removed section `IX—General Nature of Emergency Assistance'; Repetitive of existing
language
Renaming to `Article IX—Provision of Equipment'; Formerly `Article X—Loans of
Equipment'
Renaming to `Article X—Provision of Materials and Supplies'; Formerly `Article XI—
Exchange of Materials and Supplies'
Renaming to `Article XI—Provision of Personnel'; Formerly `Article XII—Loans of
Personnel'
Renaming to and cleaned-up language `Article XII—Record Keeping'; Formerly `Article
XIII—Record keeping'
Renaming to and cleaned-up language `Article XIII—Indemnification, Limitation of
Liability, and Dispute Resolution'; Formerly `Article XIV— Indemnification and Limitation
of Liability'
Articles following have been renumbered and renamed appropriately
3 AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
AGREEMENT
for organizations participating in the
Regional Coordination Framework for Disasters and Planned Events
for Public and Private Organizations in King County, Washington
This A(RFFMPMT (`A,r mpnt") is antgrpri into by the public and private
organizations who become signatories hereto ("Signatory Partners") to facilitate the
provision of Emergency Assistance to each other during times of emergency.
WHEREAS, the Signatory Partners have expressed a mutual interest in the
establishment of an Agreement to facilitate and encourage Emergency Assistance
among participants; and
WHEREAS, the Signatory Partners do not intend for this Agreement to
replace or infringe on the authority granted by any federal, state, or local
governments, statutes, ordinances, or regulations; and
WHEREAS, in the event of an emergency, a Signatory Partner may need
Emergency Assistance in the form of supplemental personnel, equipment, materials
or other support; and
WHEREAS, each Signatory Partner may own and maintain equipment,
stocks materials, and employs trained personnel for a variety of services and is
willing, under certain conditions, to provide its supplies, equipment and services to
other Signatory Partners in the event of an emergency; and
WHEREAS, the proximity of the Signatory Partners to each other enables
them to provide Emergency Assistance to each other in emergency situations.
NOW THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, each Signatory Partner agrees as follows:
Article I -APPLICABILITY.
A private or public organization located in King County, Washington, may become a
Signatory Partner by signing this Agreement and becoming bound thereby. This
Agreement may be executed in multiple counterparts.
4 AGREEMENT Regional Coordination Framework
Regional Coordination Framework AGREEMENT
Article II - DEFINITIONS.
A. `Assistance Costs' means any direct material costs, equipment costs,
equipment rental fees, fuel, and the labor costs that are incurred by the
Responder in providing any asset, service, or assistance requested.
B. `Emergency' means an event or set of circumstances that qualifies as an
emergency under any applicable statute, ordinance, or regulation.
C. `Emergency Assistance' means employees, services, equipment,
materials, or supplies provided by a Responder in response to a request
from a Requester.
D. 'Emergency Contact Points' means persons designated by each Signatory
9 Y p 9 Y 9 rY
Partner who will have (or can quickly get) the authority to commit available
equipment, services, and personnel for their organization.
E. `King County Emergency Management Advisory Committee ("EMAC")' is
the Committee established in King County Code 2.36.055.
F. `Regional Coordination Framework for Disasters and Planned Events for
Public and Private Organizations in King County' ("Framework") means an
all hazards architecture for collaboration and coordination among
jurisdictional, organizational, and business entities during emergencies in
King County.
G. 'Requester' means a Signatory Partner that has made a request for
Emergency Assistance.
H. 'Responder' means a Signatory Partner providing or intending to provide
Emergency Assistance to a Requester.
`Signatory Partner means any public or private organization in King
County, WA, that enters into this Agreement by signature of a person
authorized to sign.
J. `Termination Date' is the date upon which this agreement terminates
pursuant to Article V.
AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
Article III - PARTICIPATION.
Participation in this Agreement, and the provision of personnel or resources, is
purely voluntary and at the sole discretion of the requested Responder. Signatory
Partners that execute the Agreement are expected to:
A. Identify and furnish to all other Signatory Partners a list of the
Organization's current Emergency Contact Points together with all
contact information; and .
B. Participate in scheduled meetings to coordinate operational and
implementation issues to the maximum extent possible.
Article IV - ROLE OF EMERGENCY CONTACT POINT FOR SIGNATORY
PARTNERS.
Signatory Partners agree that their Emergency Contact Points or their designees
can serve as representatives of the Signatory Partner in any meeting to work out the
language or implementation issues of this Agreement.
p 9
The Emergency Contact Points of a Signatory Partner shall:
A. Act as a single point of contact for information about the availability of
resources when other Signatory Partners seek assistance.
B. Maintain a manual containing the Framework, including a master copy
of this Agreement (as amended), and a list of Signatory Partners who
have executed this Agreement.
C. Each Signatory Partner will submit its Emergency Contact Information
Form to the King County Office of Emergency Management
("KCOEM"). KCOEM will maintain a list showing the succession in all
the Signatory Partners. This list will include names, addresses, and
24-hour phone numbers of the Emergency contact points (2-3 deep) of
each Signatory Partner. Note: the phone number of a dispatch office
staffed 24 hours a day that is capable of contacting the Emergency
contact point(s) is acceptable.
Article V -TERM AND TERMINATION.
A. This Agreement is effective upon execution by a Signatory Partner.
; AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
B. A Signatory Partner may terminate its participation in this Agreement
by providing written termination notification to the EMAC, care of the
KCOEM, 3211 NE 2nd Street, Renton WA 98056, or by Fax at 206-
205-4056. Notice of termination becomes effective upon receipt by
EMAC which shall, in turn, notify all Signatory Partners. Any
terminating Signatory Partner shall remain liable for all obligations
incurred during its period of participation, until the obligation is
satisfied.
Article VI - PAYMENT AND BILLING.
a. Requester shall pay to Responder all valid and invoiced Assistance Costs within
60 days of receipt of Responder's invoice, for the Emergency Assistance services
provided by Responder. Invoices shall include, as applicable, specific details
regarding labor costs, including but not limited to the base rate, fringe benefits rate,
overhead, and the basis for each element; equipment usage detail and, material cost
breakdown.
b. In the event Responder provides supplies or parts, Responder shall have the
option to accept payment of cash or in-kind for the supplies or parts provided.
c. Reimbursement for use of equipment requested under the terms of this
Agreement, such as construction equipment, road barricades, vehicles, and tools,
shall be at the rate mutually agreed between Requester and Responder. The rate
may reflect the rate approved and adopted by the Responder, a rate set forth in an
industry standard publication, or other rate.
Article VII - INDEPENDENT CONTRACTOR.
Responder shall be and operate as an independent contractor of Requester in the
performance of any Emergency Assistance. Employees of Responder shall at all
times while performing Emergency Assistance continue to be employees of
Responder and shall not be deemed employees of Requester for any purpose.
Wages, hours, and other terms and conditions of employment of Responder shall
remain applicable to all of its employees who perform Emergency Assistance.
Responder shall be solely responsible for payment of its employees' wages, any
required payroll taxes and any benefits or other compensation. Requester shall not
be responsible for paying any wages, benefits, taxes, or other compensation directly
to the Responder's employees. The costs associated with requested personnel are
subject to the reimbursement process outlined in Article XI. In no event shall
Responder or its officers, employees, agents, or representatives be authorized (or
7 I AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
represent that they are authorized) to make any representation, enter into any
agreement, waive any right or incur any obligation in the name of, on behalf of or as
agent for Requester under or by virtue of this Agreement.
Article VIII - REQUESTS FOR EMERGENCY ASSISTANCE.
Requests for Emergency Assistance shall be made by a person authorized by the
Requester to make such requests and approved by a person authorized by
Responder to approve such requests. if this request is verbal, it must be confirmed
in writing within thirty days after the date of the request.
Article IX - PROVISION OF EQUIPMENT.
Provision of equipment and tools loans is subject to the following conditions:
subject
At the option of Responder, equipment may be provided with an
operator. See Article XI for terms and conditions applicable to use of
personnel.
2. Provided equipment shall be returned to Responder upon release by
Requester, or immediately upon Requester's receipt of an oral or written
notice from Responder for the return of the equipment. When notified to
return equipment to Responder, Requester shall make every effort to
return the equipment to Responder's possession within 24 hours
following notification. Equipment shall be returned in the same condition
as when it was provided to Requester.
3. During the time the equipment has been provided, Requester shall, at its
own expense, supply all fuel, lubrication and maintenance for
Responder's equipment. Requester shall take proper precaution in its
operation, storage and maintenance of Responder's equipment.
Equipment shall be used only by properly trained and supervised
operators. Responder shall endeavor to provide equipment in good
working order. All equipment is provided "as is", with no representations
or warranties as to its condition, fitness for a particular purpose, or
merchantability.
4. Responder's cost related to the transportation, handling, and
loading/unloading of equipment shall be chargeable to Requester.
copies
Responder shall submit ies of invoices from outside sources that
p P
perform such services and shall provide accounting of time and hourly
costs for Responder's employees who perform such services.
AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
5. Without prejudice to Responder's right to indemnification under Article
XIII herein, in the event equipment is lost, stolen or damaged from the
point the Requestor has the beneficial use of the equipment, or while in
the custody and use of Requester, or until the Requestor no longer has
the beneficial use of the equipment, Requester shall reimburse
Responder for the reasonable cost of repairing or replacing said
damaged equipment. If the equipment cannot be repaired within a time
period required by Responder, then Requester shall reimburse
Responder for the cost of replacing such equipment with equipment
which is of equal condition and capability. Any determinations of what
constitutes "equal condition and capability" shall be at the discretion of
Responder. If Responder must lease or rent a piece of equipment while
Responder's equipment is being repaired or replaced, Requester shall
reimburse Responder for such costs. Requester shall have the right of
subrogation for all claims against persons other than parties to this
Agreement that may be responsible in whole or in part for damage to the
equipment. Requester shall not be liable for damage caused by the sole
negligence of Responder's operator(s).
Article X - PROVISION OF MATERIALS AND SUPPLIES.
Requester shall reimburse Responder in kind or at Responder's actual replacement
cost, plus handling charges, for use of partially consumed, fully consumed, or non-
returnable materials and supplies, as mutually agreed between Requester and
Responder. Other reusable materials and supplies which are returned to Responder
in clean, damage-free condition shall not be charged to the Requester and no rental
fee will be charged. Responder shall determine whether returned materials and
supplies are "clean and damage-free" and shall treat material and supplies as
"partially consumed" or"non-returnable" if found to be damaged.
Article XI - PROVISION OF PERSONNEL.
Responder may, at its option, make such employees as are willing to participate
available to Requester at Requester's expense equal to Responder's full cost,
including employee's salary or hourly wages, call back or overtime costs, benefits
and overhead, and consistent with Responder's personnel union contracts, if any, or
other conditions of employment. Costs to feed and house Responder's personnel, if
necessary, shall be chargeable to and paid by Requester. Requester is responsible
for assuring such arrangements as may be necessary for the safety, housing, meals,
and transportation to and from job sites/housing sites (if necessary) for Responder's
personnel. Responder shall bill all costs to Requester, who is responsible for paying
9 1 AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
all billed costs. Responder may require that its personnel providing Emergency
Assistance shall be under the control of their regular leaders, but the organizational
units will come under the operational control of the command structure of Requester.
Responder's employees may decline to perform any assigned tasks if said
judge ud a such task to be unsafe. A request for Responder's personnel to
9 q
direct the activities of others during a particular response operation does not relieve
Requester of any responsibility or create any liability on the part of Responder for
decisions and/or consequences of the response operation. Responder's personnel
may refuse to direct the activities of others. Responder's personnel holding a
license, certificate, or other permit evidencing qualification in a professional,
mechanical, or other skill, issued by the state of Washington or a political subdivision
thereof, is deemed to be licensed, certified, or permitted in any Signatory Partner's
jurisdiction for the duration of the emergency, subject to any limitations and
conditions the chief executive officer and/or elected and appointed officials of the
applicable Signatory Partners jurisdiction may prescribe in writing. When notified to
return personnel to Responder, Requester shall make every effort to return the
personnel to Responder promptly after notification.
Article XII - RECORD KEEPING.
Time sheets and/or daily logs showing hours worked and equipment and materials
used or provided by Responder will be recorded on a shift-by-shift basis by the
Responder and will be submitted to Requester as needed. If no personnel are
provided, Responder will submit shipping records for materials and equipment, and
Requester is responsible for any required documentation of use of material and
equipment for state or federal reimbursement. Under all circumstances, Requester
remains responsible for ensuring that the amount and quality of all documentation is
adequate to enable reimbursement.
Article XIII — INDEMNIFICATION, LIMITATION OF LIABILITY, AND DISPUTE
RESOLUTION.
A. INDEMNIFICATION. Except as provided in section B., to the fullest
extent permitted by applicable law, Requester releases and shall indemnify,
hold harmless and defend each Responder, its officers, employees and
agents from and against any and all costs, including costs of defense, claims,
judgments or awards of damages asserted or arising directly or indirectly
from, on account of, or in connection with providing, or declining to provide, or
not being asked to provide, Emergency Assistance to Requester, whether
arising before, during, or after performance of the Emergency Assistance and
whether suffered by any of the Signatory Partners or any other person or
entity.
10 I AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
Requester agrees that its obligation under this section extends to any claim,
demand and/or cause of action brought by or on behalf of any of its
employees, or agents. For this purpose, Requester, by mutual negotiation,
hereby waives, as respects any indemnitee only, any immunity that would
otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW of the State of Washington and similar laws of
other states.
B. ACTIVITIES IN BAD FAITH OR BEYOND SCOPE. Any Signatory
Partner shall not be required under this Agreement to indemnify, hold
harmless and defend any other Signatory Partner from any claim, loss, harm,
liability, damage, cost or expense caused by or resulting from the activities of
any Signatory Partners' officers, employees, or agents acting in bad faith or
performing activities beyond the scope of their duties.
C. LIABILITY FOR PARTICIPATION. In the event of any liability, claim,
demand, action or proceeding, of whatever kind or nature arising out of
rendering of Emergency Assistance through this Agreement, Requester
agrees to indemnify, hold harmless, and defend, to the fullest extent of the
law, each Signatory Partner, whose only involvement in the transaction or
occurrence which is the subject of such claim, action, demand, or other
proceeding, is the execution and approval of this Agreement.
D. DELAY/FAILURE TO RESPOND. No Signatory Partner shall be liable
to another Signatory Partner for, or be considered to be in breach of or default
under, this Agreement on account of any delay in or failure to perform any
obligation under this Agreement, except to make payment as specified in this
Agreement.
E. MEDIATION AND ARBITRATION. If a dispute arises under the terms
of this Agreement, the Signatory Partners involved in the dispute shall first
attempt to resolve the matter by direct negotiation. If the dispute cannot be
settled through direct discussions, the parties agree to first endeavor to settle
the dispute in an amicable manner by mediation. Thereafter, any unresolved
controversy or claim arising out of or relating to this Contract, or breach
thereof, may be settled by arbitration, and judgment upon the award rendered
by the arbitrator may be entered in any court having jurisdiction thereof.
F. SIGNATORY PARTNERS LITIGATION PROCEDURES. Each
Signatory Partner seeking to be released, indemnified, held harmless or
defended under this Article with respect to any claim shall promptly notify
Requester of such claim and shall not settle such claim without the prior
consent of Requester. Such Signatory Partners shall have the right to
IAGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
participate in the defense of said claim to the extent of its own interest.
Signatory Partners' personnel shall cooperate and participate in legal
proceedings if so requested by Requester, and/or required by a court of
competent jurisdiction.
Article XIV - SUBROGATION.
A. REQUESTER'S WAIVER. Requester expressly waives any rights of
Responder,J__ Li,.h it have account of, or in
subrogation against rce5po►iuel, veil uul 1 i� may have on� a%wui�. .,�, or ��
connection with, Responder providing Emergency Assistance to Requester
under this Agreement.
B. RESPONDER'S RESERVATION AND WAIVER. Responder
expressly reserves its right to subrogation against Requester to the extent
Responder incurs any self-insured, self-insured retention or deductible loss.
Responder expressly waives its rights to subrogation for all insured losses
only to the extent Responder's insurance policies, then in force, permit such
waiver.
Article XV -WORKER'S COMPENSATION AND EMPLOYEE CLAIMS.
Responder's employees, officers or agents, made available to Requester, shall
remain the general employees of Responder while engaged in carrying out duties,
functions or activities pursuant to this Agreement, and each Signatory Partner shall
remain fully responsible as employer for all taxes, assessments, fees, premiums,
wages, withholdings, workers' compensation, and other direct and indirect
compensation, benefits, and related obligations with respect to its own employees.
Likewise, each Signatory Partner shall provide worker's compensation in compliance
with statutory requirements of the state of residency.
Article XVI - MODIFICATIONS.
Modifications to this Agreement must be in writing and will become effective upon
approval by a two-thirds affirmative vote of the Signatory Partners. Modifications
must be signed by an authorized representative of each Signatory Partner. EMAC
will be the coordinating body for facilitating modifications of this Agreement.
Article XVII- NON-EXCLUSIVENESS AND PRIOR AGREEMENTS.
. ... ,.. . . .
1, AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
This Agreement shall not supersede any existing mutual aid agreement or
agreements between two or more governmental agencies, and as to assistance
requested by a party to such mutual aid agreement within the scope of the mutual
aid agreement, such assistance shall be governed by the terms of the mutual aid
agreement and not by this Agreement. This Agreement shall, however, apply to all
requests for assistance beyond the scope of any mutual aid agreement or
agreements in place prior to the event.
Article XVIII - GOVERNMENTAL AUTHORITY.
This Agreement is subject to laws, rules, regulations, orders, and other
requirements, now or hereafter in effect, of all governmental authorities having
jurisdiction over the emergencies covered by this Agreement or the Signatory
Partner. Provided that a governmental authority may alter its obligations under this
Agreement only as to future obligations, not obligations already incurred.
Article XIX - NO DEDICATION OF FACILITIES.
No undertaking by one Signatory Partner to the other Signatory Partners under any
provision of this Agreement shall constitute a dedication of the facilities or assets of
such Signatory Partners, or any portion thereof, to the public or to the other
Signatory Partners. Nothing in this Agreement shall be construed to give a
Signatory Partner any right of ownership, possession, use or control of the facilities
or assets of the other Signatory Partners.
Article XX - NO PARTNERSHIP.
This Agreement shall not be interpreted or construed to create an association, joint
venture or partnership among the Signatory Partners or to impose any partnership
obligation or liability upon any Signatory Partner. Further, no Signatory Partner shall
have any undertaking for or on behalf of, or to act as or be an agent or
representative of, or to otherwise bind any other Signatory Partner.
Article XXI - NO THIRD PARTY BENEFICIARY.
Nothing in this Agreement shall be construed to create any rights in or duties to any
third party, nor any liability to or standard of care with reference to any third party.
This Agreement shall not confer any right, or remedy upon any person other than the
Signatory Partners. This Agreement shall not release or discharge any obligation or
liability of any third party to any Signatory Partners.
3 AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
Article XXII - ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and supersedes any and all prior
agreements of the Parties, with respect to the subject matters hereof.
Article XXIII - SUCCESSORS AND ASSIGNS.
This Agreement is not transferable or assignable, in whole or in part, and any
Signatory Partner may terminate its participation in this Agreement subject to Article
V.
Article XXIV - GOVERNING LAW.
This Agreement shall be interpreted, construed, and enforced in accordance with the
laws of Washington State.
Article XXV -VENUE.
Any action which may arise out of this Agreement shall be brought in Washington
State and King County. Provided, that any action against a participating County may
be brought in accordance with RCW 36.01.050.
Article XXVI -TORT CLAIMS.
It is not the intention of this Agreement to remove from any of the Signatory Partners
any protection provided by any applicable Tort Claims Act. However, between
Requester and Responder, Requester retains full liability to Responder for any
claims brought against Responder as described in other provisions of this
agreement.
Article XXVII -WAIVER OF RIGHTS.
Any waiver at any time by any Signatory Partner of its rights with respect to a default
under this Agreement, or with respect to any other matter arising in connection with
this Agreement, shall not constitute or be deemed a waiver with respect to any
subsequent default or other matter arising in connection with this Agreement. Any
delay short of the statutory period of limitations, in asserting or enforcing any right,
shall not constitute or be deemed a waiver.
1 AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
Article XXVIII - INVALID PROVISION.
The invalidity or unenforceability of any provisions hereof, and this Agreement shall
be construed in all respects as if such invalid or unenforceable provisions were
omitted.
Article XXIX - NOTICES.
Any notice, demand, information, report, or item otherwise required, authorized, or
provided for in this Agreement shall be conveyed and facilitated by EMAC, care of
the KCOEM, 3511 NE 2nd Street, Renton WA 98056, Phone: 206-296-3830, Fax:
206-205-4056. Such notices, given in writing, and shall be deemed properly given if
(i) delivered personally, (ii) transmitted and received by telephone facsimile device
and confirmed by telephone, (iii) transmitted by electronic mail, or (iv) sent by United
States Mail, postage prepaid, to the EMAC.
5 AGREEMENT,Regional Coordination Framework
Regional Coordination Framework AGREEMENT
Signatory Documentation Sheet
The Regional Coordination Framework for Disasters and Planned Events for Public and
Private Organizations in King County, Washington is intended to be adopted as the
framework for participating organizations,within King County, to assist each other in
disaster situations when their response capabilities have been overloaded. Components, as of
January 2014, are the following:
• Regional Coordination Framework for Disasters and Planned Events for Public
and Private Organizations in King County
• Agreement(legal and financial)
IN WITNESS WHEREOF, the Signatory Partner hereto has caused this Regional
Coordination Framework for Disasters and Planned Events to be executed by duly authorized
representatives as of the date of their signature:
ORGANIZATION: ADDRESS:
AUTHORIZED SIGNATURE: DATE:
Please submit this form to the King County Office of Emergency Management
3511 NE 2nd Street
Renton,WA 98056
6 AGREEMENT,Regional Coordination Framework
COUNCIL MEETING DATE: March 21,2017 ITEM#: 5h
1
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:WEBEOC GOVERNMENT ENTITY USER AGREEMENT
POLICY QUESTION: Should the City of Federal Way enter into an agreement with Washington State Military
Department for WebEOC Government Entity use.
COMMITTEE: Parks,Recreation,Human Services, and Public Safety MEETING DATE: March 14, 201 '"1
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFFREPORT BY: Ray Gross, Emergency.._Manager........�...7....�......................................................................................................................................................................................._............................................DEPT: Emergency Management.........................
Attachments: Agreement
Options Considered:
Option 1. Approve entering into an agreement with Washington State Military Department for WebEOC
use
Option 2. Do not approve entering into an agreement with Washington State Military Department and
provide direction to staff.
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
MAYOR'S RECOMMENDATION: Approval of Option 1,to enter into an agreement with Washington State
Military Department for WebEOC use.
/
MAYOR APPROVAL: .2j/1/ / 4 DIRECTOR APPROVAL:
Co Coun Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the a• eement with Washin!ton State Milita
Department for WebEOC use to the March 21', 2017 consent agenda for approval.
40 I
embermmittee Cha� Committee ember Committee
PROPOSED COUNCIL MOTION: "I move approval of "
(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—11/2016 RESOLUTION#
MIL#EOC17-021
WebEOC Government Entity User Agreement
Between
WASHINGTON STATE MILITARY DEPARTMENT (MIL)
and
CITY OF FEDERAL WAY (GOV User)
This Government Entity User Agreement is entered into by and between the Washington
State Military Department(MIL) and City of Federal Way(GOV User)to establish the use,
content, and disclosure of documents/data to be shared on the WebEOC server that is
maintained by MIL.
A. KEY PERSONNEL
The individuals listed below shall be considered Key Personnel. The Key Personnel for
of the parties shall be the contact person for all communications regarding the
each p p
performance of this Agreement. Any substitution of GOV User's Key Personnel must
be made by written notification to MIL.
Government Entity User Military Department
Name Name Debbie Bostwick
Ray Gros.
Title Title WebEOC Administrator
E noterjeACy r1/1 vt 4.1 er
E-Mail r4 y groff e Cd o-dem yr�*,„�E-Mail debbie.bostwick @mil.wa.gov
Phone a53- �s3c a7h Phone 253-512-7020
Address 333 at 5' rh lire K e So'1 th Address Bldg 20, MS:TA-20
Feier‘i I WA y, wt! 'fco3 Camp Murray, WA 98430-5122
B. DEFINITIONS
1. Emergency Management Division (EMD)Director: The Director of MIL's EMD,
and sponsoring authority for WebEOC. The EMD Director or designee approves
requests to become a WebEOC User and revokes such approval, if needed.
2. Governmental Entity User(GOV User): A Washington state agency, local
government or federal government entity,that has been authorized use of WebEOC by
the EMD Director or designee.
3. User: A Washington state agency, local government,tribe, federal entity, or other
entity that has been authorized use of WebEOC by the EMD Director or designee. This
definition includes any person(e.g. employee,volunteer, other agencies' employees)
the GOV User allows to use its WebEOC user accounts.
WebEOC Agreement—GOV User Page 1 of 5 MIL#EOC17-021
4. User's Records: Records that contain data or data that was entered by a User into the
WebEOC server.
5. WebEOC Administrator: The position within the MIL responsible for the
administration,training, and technical support of WebEOC.The WebEOC
Administrator creates User accounts and grants data access permissions based on User
credentials.
6. WebEOC Coordinator: Each User will designate a WebEOC Coordinator to provide
local administrative and technical support. WebEOC Coordinators will serve as
liaisons with the WebEOC Administrator.
7. WebEOC Public Records Coordinator: Each GOV User will designate a WebEOC
Public Records Coordinator to accept and comply with the legal requirements of RCW
42.56,the Public Records Act(PRA) for any request received by MIL and sent to the
WebEOC Public Records Coordinator for the GOV User's records contained in the
WebEOC server.
8. Tier I Service: Access to all WebEOC Boards used in the State EOC.
9. Tier II Service: Access to all WebEOC Boards used in the State EOC, as well as the
ability.to use these Boards for local emergency management purposes only.
10. Defense and Hold Harmless: GOV User agrees that it will pay for the legal defense of
MIL and assumes responsibility for any and all fees, costs, or penalties imposed against
MIL in any disagreement, mediation, or litigation related to the User's search,
redaction,withholding, or provision of records retained in the WebEOC server and
includes any expenses related to responding to a third party request for an injunction
relating to that GOV User's records. All costs, fees, penalties, and expenses will be
shared pro rata with any other User whose records are involved in the same allegation
or finding.
C. CONDITIONS
As a condition of being approved as a WebEOC GOV User,the undersigned, as the GOV
User's authorized representative, agrees to observe and strictly adhere to the following
requirements:
1. Official Business Only
MIL maintains a crisis information management system, commonly referred to as
WebEOC, available for use by Washington state agencies, local governments,tribes,
private entities, and federal entities(Users), as a collaborative tool for managing and
sharing emergency management information. The purpose of WebEOC is to provide a
network platform for Users to post, receive, share, organize, process, and manage
emergency and public safety information from and with the State Emergency
Operations Center(EOC) for emergency management purposes authorized under RCW
38.52. No other use shall be permitted, and personal use is prohibited. Users shall
have no expectation of privacy in the use of WebEOC.
WebEOC User Agreement—GOV User Page 2 of 5 MIL#EOC17-021
2. Tiered Service
MIL offers tiered access to WebEOC. Please check the desired level of access below.
❑ Tier I Service:
This level gives Users access to all WebEOC Boards used in the State EOC.
❑ Tier II Service:
In addition to Tier I functionality,this level gives Users the ability to use all WebEOC
Boards at the local level as well, for emergency management activities only.
3. Disclosure of Public Records—Defense and Hold Harmless
All information retained on the MIL's WebEOC server, including information about
use of WebEOC or posted by a User onto the WebEOC server, is a public record
subject to public disclosure under RCW 42.56,the Public Records Act(PRA).
For Tier I records,MIL will process all requests received for WebEOC records in
accordance with MIL's Public Records Policy.
For Tier II Service,the GOV User agrees to designate a WebEOC Public Records
Coordinator to accept and comply with the legal requirements.of the PRA and this
Agreement for any request received by MIL for the GOV User's records contained in
the WebEOC server.
When MIL receives a public records request, subpoena, or other demand for records or
data on the WebEOC server that was entered or created by the GOV User,MIL's
Public Records Officer(PRO)will be responsible for responding to the requestor
within five days of receipt of a request, and will coordinate the GOV User's response to
the records request administratively only.
The GOV User agrees that its WebEOC Public Records Coordinator will accept a
request for the GOV User's records from MIL's PRO and will appropriately search,
retrieve, redact(if necessary), and supply all responsive records, along with preparation
and provision of a complete exemption log, from the WebEOC server to MIL's PRO
for provision to the requestor. The WebEOC Public Records Coordinator will inform
MIL's PRO of the reasonable timeframe necessary to provide the records, supply
records to MIL's PRO on a coordinated rolling basis, and will meet all deadlines set for
response to the requestor.
All liability for fees,penalties, and costs, including MIL's and the requestor's
attorney's fees due to any finding of a violation of the PRA or any other legal
requirement by the GOV User, shall be the responsibility of the GOV User, and the
GOV User shall fully reimburse and hold MIL harmless for all such liability.
4. Responsibility for and Audit of User Activities on WebEOC
The GOV User is solely responsible for its use and all information it enters,posts or
maintains on WebEOC, and ensuring such information and use does not violate state or
federal law. MIL does not monitor and is not responsible for such use or information
WebEOC User Agreement—GOV User Page 3 of 5 MIL#EOC17-021
entered, p osted or maintained on WebEOC; however,all GOV User activity is subject
to recording, in review, and audit by MIL or an authorized designee for
g� copying � Y �
unauthorized or illegal activity, and compliance with applicable laws and regulations.
5. Termination of Use
MIL reserves the right to terminate use of the WebEOC system and the User account
for any reason and at any time within its sole discretion, including, but not limited to,
violations of law,this Agreement, operational security, or negligent or unauthorized
use.
6. Account Restrictions
If the User or MIL determines that use of the WebEOC account violated a law,this
Agreement, or operational security, or was for an unauthorized purpose, MIL and the
User may agree the User can continue using WebEOC if the User restricts the
individual(s) involved from accessing any of the User's account, investigates the
violation or unauthorized use, and implements appropriate disciplinary actions, if
applicable.
7. Sanctions
A violation of law,this Agreement, or operational security involving the use of
WebEOC may result in termination of WebEOC access privileges and User Account,
referral for appropriate disciplinary action(if applicable), and civil and criminal
sanctions as allowed by law.
8. User Accounts and Passwords
Each User is assigned an appropriate number of accounts, usernames, and passwords to
be used for authentication. Passwords must be kept secret. It is the User's
responsibility to protect User passwords. The User will be held accountable for all
activity under the User's accounts. If a User account is compromised, the User must
report it to the WebEOC Administrator immediately.
9. Report Security Violations
If the User becomes aware of any violation of these requirements or suspects that the
User's password(s)may have been compromised or acquired by a non-User, it is the
User's responsibility to report that information immediately to the WebEOC
Administrator.
10. Displaying Information
Users are not permitted to display information on, or provide demonstrations of,
WebEOC to contractors, vendors, or unauthorized persons at any time. WebEOC is not
to be displayed where it could be viewed by unauthorized persons,the general public,
or the news media. Refer any such requests to view WebEOC to the WebEOC
Administrator.
WebEOC User Agreement—GOV User Page 4 of 5 MIL#E0C17-021
11. Demonstrating the Software
Users are not permitted to demonstrate the software to unauthorized persons, vendors,
contractors, and/or private companies involved in software development. Failure to
comply with this requirement is a direct violation of the WebEOC license and may
carry civil penalties in addition to resulting in termination of WebEOC access
privileges and appropriate disciplinary action.
12. Period of Agreement
This agreement shall remain in full force and effect so long as the User has access to or
maintains records in the WebEOC server.
Users shall direct any questions regarding the proper operation or security of the WebEOC
system to the WebEOC Administrator.
GOV User's Authorized Representative:
I have read and agree to the GOV User Agreement.
Organization/Entity: Cs y of Fe der&/ Way
Print Name: R4 (jr9JS
Title: EVV�eV'y,� t>I Wl 4 user
Signature: Date:
Emergency Management Division Director or Designee:
I have authorized the GOV User organization/entity named above to have one or more
Washington State WebEOC Accounts.
Print Name: Robert Ezelle
Title: EMD Director
Signature: Date:,
BOILERPLATE APPROVED AS TO FORM:
Dawn C. Cortez (signature on file 11/16/2016)
Assistant Attorney General
WebEOC User Agreement—GOV User Page 5 of 5 MIL#EOC17-021
COUNCIL MEETI_VG DATE: March 21,2017 ITEM#:
5i
. .......... .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT
POLICY QUESTION: Should the City of Federal Way accept the 2016 Emergency Management Performance
grant award to fund CodeRed the mass notification system.
COMMITTEE: Parks,Recreation,Human Services,and Public Safety MEETING DATE: March 14,2010"1
CATEGORY:
® Consent ❑ Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ray Gross, Emergency Manager .:.'. DEPT: Emergency Management
Attachments: Washington State Military Department Homeland Security Grant Agreement
Options Considered:
Option 1.Approve the 2016 Emergency Management Performance Grant
Option 2. Do not approve the 2016 Emergency Management Performance Grant and provide direction to
staff.
............................................................
MAYOR'S RECOMMENDATION: Approval of Option 1,to accept the 2016 Emergency Management
Performance Grant.
MAYOR APPROVAL: , 1jDIRECTOR APPROVAL:%44/.7 Initial/Date
te
COMMITTEE RECOMMENDATION:I move to forward the2016Emerencmcm ce Grant
to the March 21st, 2017 consent agenda for approval.
7—1( I
•
. �-
Co ee Chair Committee ember Committe; e I er
PROPOSED COUNCIL MOTION: "I move approval of
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1sT reading
❑ TABL
ED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—11/2016 RESOLUTION#
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
City of Federal Way
33325 8th Avenue South $37,500 E17-163
Federal Way,WA 98003-6325
4. Subrecipient Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Ray Gross,253-835-2712 June 1,2016 August 31,2017
ray.grossacitvoffedera Iway.com
7. Department Contact,phone/email: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue):
Tirzah Kincheloe,253-012-7456
tirzah.kincheloe(a?miIwa.gov 612509901 601-223-538
10. Funding Authority:
Washington State Military Department(the"DEPARTMENT')and the U.S.Department of Homeland Security(DHS)
11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance(CFDA)#&Title:
EMS-2016-EP-00002-501 08/10/2016 I 97.042(16EMPG)
14. Total Federal Amount #: 15. Program Index#&OBJ/SUB-OBJ: 16. TIN:
$7,254,374 763PT NZ I 91-1462550
17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned,State
(BY LEGISLATIVE DISTRICT): 30 King County Certified?: X N/A ❑ NO
g oun
(BY CONGRESSIONAL DISTRICT): 9 ❑ YES, OMWBE#
20. Agreement Classification 21. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Research/Development ❑ NE ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply)
X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ NE RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER
24. PURPOSE&DESCRIPTION:
The purpose of the FY 2016 Emergency Management Performance Grant(16EMPG) is to provide U.S. Department of Homeland
Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs
as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 16EMPG Award EMS-2016-EP-00002-S01,which is incorporated in
and attached hereto as Attachment#1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF,the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);
Timeline(Exhibit D); Budget(Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No
other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and,
3. Work Plan 6. Other provisions of the Agreement incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE SUBRECIPIENT:
Signature Date Signature Date
Richard A.Woodruff,Contracts Officer Jim Ferrell, Mayor
Washington State Military Department City of Federal Way
BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM(if applicable):
Signature on File(9/6/2016)
Brian E. Buchholz,Assistant Attorney General
Applicants Legal Review Date
Form 05/12/2015
DHS-FEMA-EMPG-FFY 16 Page 1 of 32 City of Federal Way, E17-163
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT MILITARY DEPARTMENT
Name Ray Gross Name Tirzah Kincheloe
Title Emergency Manager Title Program Coordinator
E-Mail ray.grossacitvoffederalway.com E-Mail tirzatLkincheloe0mil.wa.gov
Phone 253-835-2712 Phone 253-512-7456
Name Jim Ferrell Name Sierra Wardell
Title Mayor _Title Section Supervisor
E-Mail jim.ferrell(�citvoffederalway.corn E-Mail sierra.wardell(a7mil.wa.gov
Phone 253-835-2402 Phone 253-512-7121
Name Name Dalton Gamboa
Title Title Program Assistant
E-Mail E-Mail dalton.gamboacmii.wa.gov
Phone Phone 253-512-7044
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 16EMPG Program, including, but not limited to, all criteria, restrictions and
requirements of the "Department of Homeland Security (OHS) Notice of Funding Opportunity (NOFO) Fiscal
Year 2016 Emergency Management Performance Grant (EMPG)" document, the OHS Award Letter for Grant
No. EMS-2016-EP-00002-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of
which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment#1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient
agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior
to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS &CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 16EMPG funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
CFR 200.330.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 16EMPG funds, including but not limited to those contained
in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient to comply with all applicable state
and federal laws, rules, regulations, requirements and program guidance identified
or referenced in this Agreement and the informational documents published by
DHS-FEMA-EMPG-FFY 16 Page 2 of 32 City of Federal Way, E17-163
DHS/FEMA applicable to the 16EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the "Department of Homeland Security
(DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency
Management Performance Grant (EMPG)" document, the DHS Award Letter for
Grant No. EMS-2016-EP-00002-S01 in Attachment#1, and the federal regulations
commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
16EMPG federal award funds provided to its subrecipient are used in accordance
with applicable federal and state statutes and regulations, and the terms and
conditions of the federal award set forth in Attachment#1 of this Agreement.
2. REIMBURSEMENT& BUDGET REQUIREMENTS
a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits,
printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an
indirect cost rate agreement negotiated between the federal cognizant agency for indirect
costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2
CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department.
However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient
may negotiate a rate with the Department or charge a de minimis rate of 10%of modified
total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved
rate, but must not exceed the indirect cost rate percentage identified in the Budget(Exhibit
E). If a Subrecipient chooses to charge the 10%de minimis rate, but did not charge indirect
costs to previous subawards, a request for approval to charge indirect costs must be
submitted to the Department Key Personnel for approval with an explanation for the
change.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at http://www.gsa.gov,and
follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursementsmil.wa.gov no later than the due dates listed within the
Timeline (Exhibit D), but not more frequently than monthly.
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department. If the reimbursement request isn't substantial
enough, the Subrecipient should request prior written approval from Department Key
Personnel to waive the due date in the Timeline(Exhibit D)and instead submit those costs
on the next scheduled reimbursement due date contained in the Timeline.
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
DHS-FEMA-EMPG-FFY 16 Page 3 of 32 City of Federal Way, E17-163
g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a
request for Amendment of the Agreement and must be submitted to the Department Key
Personnel sufficiently in advance of the due date to provide adequate time for Department
review and consideration, and can be granted or denied within the Department's sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within 45 days after
the Grant Agreement End Date, except as otherwise authorized by written amendment of
this Agreement and issued by the Department.
No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Timeline) will prohibit the
Subrecipient from being reimbursed until such complete reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
A written amendment will be required if the Subrecipient expects cumulative transfers to
budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant
Agreement Amount. Any changes to budget category totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds, and will not use them to replace (supplant) non-federal funds that have
been budgeted for the same purpose. The Subrecipient may be required to demonstrate
and document that a reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federal funds.
3. REPORTING REQUIREMENTS
a. With each reimbursement request,the Subrecipient shall report how the expenditures,for
which reimbursement is sought, relate to the Work Plan activities in the format provided
by the Department.
b. In conjunction with the next annual grant cycle application process, the Subrecipient shall
submit to the Department Key Personnel a final report describing all completed activities
under this Agreement. If a Subrecipient will not be applying for grant funding during the
next annual grant cycle application process,the Subrecipient will submit a final report with
its final reimbursement request to the Department detailing progress on all activities listed
in the Work Plan.
c. In conjunction with the final report,the Subrecipient shall submit a separate report detailing
how the EMPG Exercise and Training requirements were met for all personnel funded by
federal or matching funds under this Agreement.
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act(FFATA)and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department the FFATA Form located at http:J/mil.wa.ctov/emergency-
management-division/grants/requiredgrantforms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities assessment for the
State Preparedness Report.
DHS-FEMA-EMPG-FFY 16 Page 4 of 32 City of Federal Way, E17-163
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies
under this Agreement, 2 CFR 200.313 for management of equipment,and 2 CFR 200.314
for management of supplies, to include but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient, or a
recognized non-federal entity to which the Subrecipient has made a subaward, for
which a contract, subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will be
recorded and maintained in the Subrecipient's inventory system.
iii. Inventory system records shall include: a description of the property; the
manufacturer's serial number, model number, or other identification number; the
funding source for the equipment, including the Federal Award Identification
Number (FAIN); Catalog of Federal Domestic Assistance (CFDA) number; who
holds the title; the acquisition date; the cost of the equipment and the percentage
of Federal participation in the cost;the location, use and condition of the equipment
at the date the information was reported; and disposition data including the date of
disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every
two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the Subrecipient
to determine the cause of the difference. The Subrecipient shall, in connection with
the inventory, verify the existence, current utilization, and continued need for the
equipment.
v. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of their equipment and supplies including all
questions of liability. The Subrecipient shall develop appropriate maintenance
schedules and procedures to ensure the equipment, and supplies as applicable,
are well maintained and kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards to
prevent loss, damage, and theft of the property. Any loss, damage, or theft shall
be investigated and a report generated and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary certifications and licenses
for the equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible return.
ix. If upon termination or at the Grant Agreement End Date, there is a residual
inventory of unused supplies exceeding $5,000 in total aggregate value which will
not be needed for any other Federal award, or when original or replacement
equipment is no longer needed for the original project or program or for other
activities currently or previously supported by a Federal agency or award, the
Subrecipient must comply with the following procedures:
A. Supplies: The Subrecipient may retain the supplies for use on other non-
Federal related activities or sell them, but must compensate the Federal
sponsoring agency for its share.
B. Equipment: The Subrecipient must dispose of equipment as follows:
DHS-FEMA-EMPG-FFY 16 Page 5 of 32 City of Federal Way, E17-163
i. Items of equipment with a current per-unit fair market value of less than
$5,000 may be retained, sold, or otherwise disposed of by the
Subrecipient with no further obligation to the awarding agency.
ii. Items of equipment with a current per-unit fair market value of more than
$5,000 may be retained or sold and the Subrecipient shall compensate
the Federal-sponsoring agency for its share.
x. Records for equipment shall be retained by the Subrecipient for a period of six years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or
audit is started before the expiration of the six year period, the records shall be
retained by the Subrecipient until all litigation, claims, or audit findings involving the
records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process,which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c. Allowable equipment categories for the EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at http://www.fema.gov/authorized-
equipment-list. It is important the Subrecipient and any non-federal entity to which the
Subrecipient makes a subaward regard the AEL as an authorized purchasing list
identifying items allowed under the specific grant program, and includes items that may
not be categorized as equipment according to the federal,state, local,and tribal definitions
of equipment. The Subrecipient is solely responsible for ensuring and documenting
purchased items under this Agreement are authorized as allowed items by the AEL at time
of purchase.
If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using Federal award
funds.
e. Equipment purchased with DHS federal award funds is to be marked with "Purchased
with funds provided by the U.S. Department of Homeland Security"when practicable.
f. As a subrecipient of federal funds, the Subrecipient must pass on equipment and supply
management requirements that meet or exceed the requirements outlined above to any
non-federal entity to which the Subrecipient becomes a pass through entity by making a
subaward of federal award funds under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and
Historic Preservation (EHP) Program. EHP program information can be found at
https://www.fema.gov/office-environmental-planning-and-historic-preservation; FP 108-023-1
Environmental Planning and Historic Preservation Policy Guidance at
http://www.fema.gov/media-library/assets/documents/85376; and FP 108.24.4 Environmental
Planning and Historical Preservation Policy at https://www.fema.gov/media-
library/assets/documents/101537, all of which are incorporated in and made a part of this
Agreement.
a. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
facilities, must participate in the DHS/FEMA EHP review process prior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to walls, and training or exercises occurring outside in areas not
DHS-FEMA-EMPG-FFY 16 Page 6 of 32 City of Federal Way, E17-163
considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
b. The EHP review process involves the submission of a detailed project description that
explains the goals and objectives of the proposed project along with supporting
documentation so FEMA may determine whether the proposed project has the potential
to impact environmental resources and/or historic properties.
c. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and approval received by the Subrecipient before any
work is started for which reimbursement will be later requested. Expenditures for projects
started before completion of the EHP review process and receipt of approval by the
Subrecipient will not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318
through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10.
b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement,federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department the 2 CFR Part 200 Subpart F Audit
Certification Form located at http://mil.wa.gov/emergencv-management-
division/grants/requiredgrantforms with the signed Agreement and each fiscal year
thereafter until the Agreement is closed, which is incorporated by reference and made a
part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports
ii. monitoring and documenting the completion of Agreement deliverables
iii. documentation of phone calls, meetings, e-mails and correspondence
iv. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. observation and documentation of Agreement related activities, such as exercises,
training, funded events, and equipment demonstrations
vi. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
DHS-FEMA-EMPG-FFY 16 Page 7 of 32 City of Federal Way, E17-163
e. Compliancy will be monitored throughout the performance period to assess risk.
Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY(CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency(August
11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on http://www.Iep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System(NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach
and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive(PPD)-8,to guide activities within the public and private sector
and describes the planning, organizational activities, equipping, training and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c. The Subrecipient agrees that in order to receive Federal Fiscal Year 2016 federal
preparedness funding, to include EMPG, NIMS compliance requirements for 2016 must
be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS/FEMA, which is provided to
assist state, local, and tribal governments enhance and sustain all-hazards emergency
management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina
Emergency Management Act (6 U.S.C. § 762).
2. A portion of the 16EMPG grant was identified by the state to be passed through to local
jurisdictions and tribes with emergency management programs to supplement their local/tribal
operating budgets to help sustain and enhance emergency management capabilities under WAC
118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by
DHS-FEMA-EMPG-FFY 16 Page 8 of 32 City of Federal Way, E17-163
the Department and incorporated into this Agreement. Funding may not be used to replace or
supplant existing local or tribal government funding of emergency management programs.
4. The Subrecipient shall provide a fifty percent match of $37,500 of non-federal origin. To meet
matching requirements, the Subrecipient cash matching contributions must be considered
reasonable, allowable, allocable, and necessary under the grant program and must comply with
all Federal requirements and regulations, including but not limited to 2 CFR Part 200. An
appropriate mechanism must be in place to capture, track, and document matching funds. In the
final report, the Subrecipient shall identify how the match was met and documented.
5. Exercises that are implemented with EMPG Program funds under this Agreement must meet the
requirements of the 16EMPG Program.
6. All personnel funded in any part through federal award or matching funds under this Agreement
shall:
a. participate in no less than three exercises in a 12-month period. The Subrecipient will report
exercise participation along with the final report.
b. complete the following training requirements and record proof of completion: NIMS Training
ICS 100, ICS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS
120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244. The Subrecipient will report training
course completion by individual personnel along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 16EMPG Program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 16EMPG Award Letter and its incorporated documents for DHS Grant No.
EMS-2016-EP-00002-S01,which are incorporated and made a part of this Agreement as Attachment#1.
DHS-FEMA-EMPG-FFY 16 Page 9 of 32 City of Federal Way, E17-163
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency(FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A(which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Department"means the Washington State Military Department, as a state agency, any division,
section,office, unit or other entity of the Department,or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a subrecipient
under this Agreement.
c. "Subrecipient"when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of"subrecipient" is the same as in 2 CFR 200.93
for all other purposes.
d. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
f. "Investment" means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby incorporated into this Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
DHS-FEMA-EMPG-FFY 16 Page 10 of 32 City of Federal Way, E17-163
division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement
shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will
ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (http://www.sam.gov) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List"
(http://www.Ini.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/). The
Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and
services with any party on the Department of Enterprise Services' Debarred Vendor List
(http://www.des.wa.govlservices/Contracting Purchasing/Business/PagesNendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers(including sub-contracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into, and is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code.
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163,as amended),
the Americans with Disabilities Act(ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
DHS-FEMA-EMPG-FFY 16 Page 11 of 32 City of Federal Way, E17-163
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees(48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act(RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons(RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-contractors that are entered into under the original contract
award. The procurement process followed shall be in accordance with 2 CFR Part 200.318
General procurement standards through 200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at$150,000, which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
2)All contracts in excess of$10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, "Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part
60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
DHS-FEMA-EMPG-FFY 16 Page 12 of 32 City of Federal Way, E17-163
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
7) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q)and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
10) Procurement of recovered materials --As required by 2 CFR 200.322, a non-Federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
DHS-FEMA-EMPG-FFY 16 Page 13 of 32 City of Federal Way, E17-163
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the Federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act(Pub. L. 94-163, 89 Stat. 871).
b. The Department reserves the right to review the Subrecipient procurement plans and documents,
and require the Subrecipient to make changes to bring its plans and documents into compliance
with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure
that its procurement process requires contractors and subcontractors to provide adequate
documentation with sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share
equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its sub-contractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
DHS-FEMA-EMPG-FFY 16 Page 14 of 32 City of Federal Way, E17-163
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of(1)the Department, and (2)the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or Subrecipient's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency(FEMA), is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties'Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement
as a"Termination for Cause"without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under"Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its work place does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement.To the extent allowed by law,the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
DHS-FEMA-EMPG-FFY 16 Page 15 of 32 City of Federal Way, E17-163
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an
endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other
electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts,
subawards, grant administration, and payments, including all direct and indirect charges, and
expenditures in the performance of this Agreement(the"records").
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and
audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their
designees, by the Comptroller General of the United States or its designees, or by other state or
federal officials authorized by law, for the purposes of determining compliance by the Subrecipient
with the terms of this Agreement and to determine the appropriate level of funding to be paid under
the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together with
suitable space for such purpose, at any and all times during the Subrecipient's normal working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded
project(s) for a period of at least six (6) years following final payment and closure of the grant under
DHS-FEMA-EMPG-FFY 16 Page 16 of 32 City of Federal Way, E17-163
this Agreement. Despite the minimum federal retention requirement of three (3) years, the more
stringent State requirement of six(6)years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing Federal award funds pursuant to this Agreement,the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation,operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable Federal,
State, and local permits and clearances are obtained, including but not limited to FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or
attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid,this invalidity does not affect other provisions,terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities,as subrecipients of a federal award,that expend$750,000 or more in one fiscal year
of federal funds from all sources, direct and indirect, are required to have a single or a program-specific
audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than
$750,000 a year in federal awards are exempt from federal audit requirements for that year, except as
noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means
a State, local government, Indian tribe, institution of higher education, or non-profit organization that
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards(the Revised Yellow Book)developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any sub-contractors also maintain auditable records. The Subrecipient is
responsible for any audit exceptions incurred by its own organization or that of its sub-
contractors. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The Subrecipient must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Subrecipient all disallowed costs
resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its corrective action plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
DHS-FEMA-EMPG-FFY 16 Page 17 of 32 City of Federal Way, E17-163
Contracts Office
Washington Military Department
Finance Division, Building#1 TA-20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
Subrecipient must send a letter identifying this Agreement and explaining the criteria for exemption no
later than nine (9) months after the end of the Subrecipient's fiscal year(s)to the address listed above.
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F,the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion:a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F;the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the State of Washington by reason of this Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement,the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions,fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty(30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations
of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
DHS-FEMA-EMPG-FFY 16 Page 18 of 32 City of Federal Way, E17-163
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination,the Subrecipient shall be liable for all damages as authorized by law, including
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1)was not in default or material breach, or(2)failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
"Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for(i)completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and(iv)the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes"clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in
relation to this Agreement except as may be necessary for completion of such portion of the work
under the Agreement as is not terminated;
DHS-FEMA-EMPG-FFY 16 Page 19 of 32 City of Federal Way, E17-163
c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department,
all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated,
in which case the Department has the right, at its discretion, to settle or pay any or all claims arising
out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts,
with the approval or ratification of the Department to the extent the Department may require, which
approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by
the Department any property which, if the Agreement had been completed,would have been required
to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the Department
in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the Subrecipient
and in which the Department has or may acquire an interest.
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified
in WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-FFY 16 Page 20 of 32 City of Federal Way, E17-163
Exhibit C
16EMPG WORK PLAN
Emergency Management Organization City of Federal Way I
The purpose of EMPG is to assist with the enhancement,sustainment and improvement of state,local,and tribal emergency management programs.
Activities conducted using EMPG funding should relate directly to the five elements of emergency management:prevention,protection,response,
recovery,and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However,there are required
capabilities that must be conducted in order to remain eligible for EMPG funding,including but not limited to the ability to communicate and warn,
educate the public,train and exercise,plan,and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency
management program planning and priority focus for this grant cycle(to include 16EMPG grant and local funds).
Program Area ftl
Communications
WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
1 CEMNET radio system to be operated on To ensure radio equipment is operational and Intended outcome is that a successful operation
Tuesdays at 9am to take part in the weekly staff demonstrate the knowledge and skills to of the radio equipment results in a loud and clear
Washington State CEMNET radio test. operate the radio equipment, contact with Washington State EMI).
2 800MHz radio system to be operated on To ensure radio equipment is operational and Intended outcome is that a successful operation
Wednesdays at 9am to take part in the weekly staff demonstrate the knowledge and skills to of the radio equipment results in a loud and dear
King County 800Mhz radio test. operate the radio equipment. contact with King County OEM.
3 150MHz radio system to be operated during CERT To ensure radio equipment is operational and intended outcome is that radio procedures are
and EOC drills. staff demonstrate the knowledge and skills to followed to ensure information flow into and out
operate the radio equipment and relay of the EOC.Radio equipment is operational and
information to the EOC in a timely accurate way. skill level of operators is acceptable.
4 CodeRed conduct training on the use of the To ensure that the data base of the system is Intended outcome is that the system is used
system for assigned staff current and obtains at least an 80%connect rate. during drills and planned events,in a timely and
To keep assigned staff knowledgeable on the effective way.Assigned staff are knowledgeable
systems use. on the operation of the system and the system is
updated when needed.
Program Area#2
Public Outreach
WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
1 Conduct 2 Disaster Academies in September 2016 The focus is to inform the public about how to Intended outcome is that residents learn about
and April 2017. and ways to prepare. local hazards and how better to prepare for them
and gain life-saving skill sets.
2 Conduct CERT trainings on a monthly basis to The focus will be developing a core CERT team Intended outcome is that a reliable team of
those who have completed the FEMA online CERT that demonstrates skill and organizational residents become skilled in life-saving skills
basic course.This will involve a focus on a abilities to provide assistance during/after a outlined in the CERT course.
specific skillset along with a skill test and drill, major emergency.
3 Take part in the Federal Way Farmers Market The focus is to increase awareness of the CERT Intended outcome is to gain interest and recruit
Safety Day.Emergency Management with CERT program and preparedness along with the people into the CERT program increasing the
volunteers will staff a booth and discuss Emergency Management Division of the City of number of trained CERT volunteers that the EOC
preparedness with the community,hand out Federal Way. could call upon.
preparedness information,and recruit for the
CERT program.
DHS-FEMA-EMPG-FFY 16 Page 21 of 32 City of Federal Way, E17-163
Program Area#3
Planning and Meetings
WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
1 Review and update the City of Federal Way's The focus will be in updating the CEMP's ESF's, The intended outcome is to have a current,
Comprehensive Emergency Management Plan. include any NIMS updates and other FEMA or workable,and approved CEMP so that personnel
This will be done via monthly work groups, State guidance recommendations. are better able to prepare,respond,and recover
applying NIMS requirements and assistance from events and disasters.
provided by County and State staff as needed.
Update Emergency Support Functions.
Update parts of alert and warning to address
non-English speaking populations.
-Ensure ADA is included.
2 Greater Federal Way Oversight Meetings: The focus is to build and maintain relationships Intended outcome is that meetings are held on a
conduct monthly meetings to discuss emergency with local partners ensuring that we have general regular basis to address planning issues,conduct
plans and trainings with local partners(Federal agreement and understanding about how we may identified training needs,work on needed
Way School District,Lakehaven Utility District, operate during/after an emergency. agreements on resource use,and response
Federal Way Police,Saint Francis Hospital,South operations.
King Fire).Develop IEMC staff list,training work
plan,logistics of exercise travel,and approval
training material.Compile feedback and
document all acted on suggestions included into
SOPs or CEMP.
3 King County Zone 3 Quarterly Meetings:attend to To represent Federal Way in Zone 3 topics. Intended outcome is regular attendance at the
discuss topics and concerns that impact the Zone meetings to represent Federal Way on topics of
3 members of King County_ concern impacting the Zone or King County at
large.
4 King County Quarterly Emergency Managers To represent Federal Way at the County level. Intended outcorne.is regular attendance at the
Meetings:attend to discuss topics and concerns meetings to represent Federal Way on topics of
that impact King County as a region. concern impacting King County at large.
Program Area#4
Training&Exercise
WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
1 Conduct monthly planning meetings to carry out Focus will be ensuring that the logistics of travel, Intended outcome is that 75 selected staff are
logistics,training and exercise development in forms,training plan and exercises are signed up and participate in the CS-IEMC in
preparation of the Community Specific Integrated accomplished. August of 2017.
Emergency Management Course(CS-IEMC)in
August of 2017.
2 Conduct monthly trainings for assigned staff to Focus will be on ensuring staff are trained in intended outcome is that staff attending the CS-
the CS-IEMC. NIMS,ICS,EOC operations,plans and what to IEMC are trained in NIMS,ICS,EOC operations,
-Conduct quarterly workshop to identify areas of expect during the CS-IEMC. and plans so that a successful outcome is
strengths and weaknesses. obtained through a thorough testing of plans
-Provide feedback forms to be reviewed by without significant findings.
Oversight Committee.
3 Conduct drills,table tops,and functional Focus will be on staff demonstrating basic Intended outcome is that staff perform as trained
exercises to ensure staff are ready for CS-IEMC. knowledge of needed skillsets to perform their during disasters/emergency events in accordance
Conduct section drills and at least two-table top assigned roles for the EOC,Policy Group,field with plans and developed SOPs.
exercises for demonstration of skill retention. personnel,and department operations centers.
Develop areas of corrective actions and
improvement plan.
DHS-FEMA-EMPG-FFY 16 Page 22 of 32 City of Federal Way, E17-163
Exhibit D
TIMELINE
FFY 2016 Emergency Management Performance Grant Program
DATE TASK
June 1, 2016 Grant Agreement Start Date
April 30, 2017 Submit reimbursement request
August 31, 2017 Grant Agreement End Date
October 15, 2017 Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA-EMPG-FFY 16 Page 23 of 32 City of Federal Way, E17-163
Exhibit E
BUDGET
FFY 2016 Emergency Management Performance Grant Program
16EMPG AWARD' $ 37,500.00 I
SOLUTION
AREA CATEGORY EMPG AMOUNT MATCH AMOUNT
Salaries & Benefits $ - $ -
l7 Overtime/BackfiIl $ - $ -
Z
Z Consultants/Contractors $ - $ -
Z Goods &Services $ - $ -
S Travel/Per Diem $ - $ -
Subtotal $ - $
Z Salaries & Benefits $ - $ 138,936
—• Overtime/Ba ckfi I l $ - $ -
S -
Consul ta nts/Contractors $ $
Z Goods &Services $ 37,500 $ -
cC Travel/Per Diem $ �' $
cc
p Subtotal $ 37,500 $ 138,936
Salaries & Benefits $ - $ -
u.i Overtime/BackfiIl $ - $ -
N• Consultants/Contractors $ - $ -
w Goods &Services $ - $ -
W Travel/Per Diem $ - $ -
Subtotal $ - $ -
Salaries & Benefits $ - $ -
L7 Overti me/Backfi I I $ - $ -
Z Cons ultants/Contractors $ - $ -
Z Goods &Services $ - ' $ -
Travel/Per Diem $ - $ -
Subtotal $ - $ -
a.
Equipment $ - $ -
Su btota I $ $
Salaries & Benefits $ - $ -
Overtime/BackfiIl $ - $ -
Q Consultants/Contractors $ - $ -
co
2 Goods &Services $ - $ -
Travel/Per Diem $ $ -
Subtotal $ - $
Indirect 0% $ $ -
TOTAL Grant Agreement AMOUNT: $ 37,500 $ 138,936
• The Subrecipient will provide a match of$37,500, 50% of the total project cost(local/tribal budget plus EMPG award),
of non-federal origin.
• Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed
without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security- Pl#763PT–EMPG
DHS-FEMA-EMPG-FFY 16 Page 24 of 32 City of Federal Way, E17-163
Attachment#1
16EMPG Award Document
EMS-2016-EP-00002-S01
Award Letter
U.S. Department of Homeland Security
Washington, D.C.20472
Bret Daugherty
Washington Military Department
Building 20 •
Camp Murray,WA 98430-5122
Re:Grant No.EMS-2016-EP-00002
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security,your application for financial assistance submitted under
the Fiscal Year(FY)2016 Emergency Management Performance Grants has been approved in the amount of$7,254,374.00.
As a condition of this award,you are required to contribute a cost match in the amount of$7,254,374.00 of non-Federal funds,
or 50 percent of the total approved project costs of$14,508,748.00.
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By
accepting this award,you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
• Agreement Articles(attached to this Award Letter)
• Obligating Document(attached to this Award Letter)
• FY 2016 Emergency Management Performance Grants Notice of Funding Opportunity.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1:Please log in to the ND Grants system at https://portal.fema.gov.
Step 2:After logging in,you will see the Home page with a Pending Tasks menu.Click on the Pending Tasks menu, select the
Application sub-menu, and then click the link for"Award Offer Review"tasks.This link will navigate you to Award Packages
that are pending review.
Step 3:Click the Review Award Package icon(wrench)to review the Award Package and accept or decline the award. Please
save or print the Award Package for your records.
System for Award Management(SAM):Grant recipients are to keep all of their information up to date in SAM, in particular,
your organization's name,address, DUNS number, EIN and banking information. Please ensure that the DUNS number used
in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided
in the SAM;therefore, it is imperative that the information is correct.The System for Award Management is located at http://
www.sam.gov.
If you have any questions or have updated your information in SAM, please let your Grants Management Specialist(GMS)
know as soon as possible.This will help use to make the necessary updates and avoid any interruptions in the payment
process.
CHRISTINE JONIENTZ TRISLER
DHS-FEMA-EMPG-FFY 16 Page 25 of 32 City of Federal Way, E17-163
Agreem ent Articles
Thu Oct 01 00:00:00 GMT 2015
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
GRANTEE: Washington Military Department
PROGRAM: Emergency Management Performance
Grants
AGREEMENT NUMBER: EMS-2016-EP-00002-S01
TABLE OF CONTENTS
Article I Use of DHS Seal, Logo and Flags
Article I I USA Patriot Act of 2001
Article III Universal Identifier and System of Award Management
(SAM)
Article IV Reporting of Matters Related to Recipient Integrity and
Performance
Article V Rehabilitation Act of 1973
Article VI Trafficking Victims Protection Act of 2000
Article VII Terrorist Financing
Article VIII SAFECOM
Article IX Reporting Subawards and Executive Compensation
Article X Procurement of Recovered Materials
Article XI Patents and Intellectual Property Rights
Article XII Notice of Funding Opportunity Requirements
Article XIII Non-supplanting Requirement
Article XIV Lobbying Prohibitions
Article XV Limited English Proficiency(Civil Rights Act of 1964,Title VI)
Article XVI Hotel and Motel Fire Safety Act of 1990
Article XVII Fly America Act of 1974
Article XVIII Best Practices for Collection and Use of Personally
Identifiable Information(PII)
Article XIX Americans with Disabilities Act of 1990
Article XX Age Discrimination Act of 1975
DHS-FEMA-EMPG-FFY 16 Page 26 of 32 City of Federal Way, E17-163
Article XXI Activities Conducted Abroad
Article XXII Acknowledgment of Federal Funding from DHS
Article XXI II Federal Leadership on Reducing Text Messaging while
Driving
Article XXIV Federal Debt Status
Article XXV False Claims Act and Program Fraud Civil Remedies
Article XXVI Energy Policy and Conservation Act
Article XXVII Education Amendments of 1972(Equal Opportunity in
Education Act)-Title IX
Article XXVIII Duplication of Benefits
Article XXIX Drug-Free Workplace Regulations
Article XXX Debarment and Suspension
Article XXXI Copyright
Article XXXII Civil Rights Act of 1968
Article)(XXI II Civil Rights Act of 1964-Title VI
Article XXXIV DHS Specific Acknowledgements and Assurances
Article XXXV Assurances, Administrative Requirements,Cost Principles,
and Audit Requirements
Article XXXVI Whistleblower Protection Act
Article XXXVII National Environmental Policy Act
Article XXXVIII Nondiscrimination in Matters Pertaining to Faith-based
Organizations
Article I-Use of DHS Seal,Logo and Flags
All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos,crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests
or reproductions of flags or likenesses of Coast Guard officials.
Article II-USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools
Required to.Intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.G. sections175 175c
Article Ill-Universal Identifier and System of Award Management(SAM)
All recipients are required to comply with the requirements set forth in the government-wide Award Term regarding the System
for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25,Appendix A, the full text of which is
incorporated here by reference in the terms and conditions of your award.
Article IV-Reporting of Matters Related to Recipient Integrity and Performance
If the total value of your currently active grants, cooperative agreements,and procurement contracts from all Federal
assistance office exceeds$10,000,000 for any period of time during the period of performance of this Federal award,you
must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the
terms and conditions of your award.
Article V-Rehabilitation Act of 1973
DHS-FEMA-EMPG-FFY 16 Page 27 of 32 City of Federal Way, E17-163
All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794,as
amended,which provides that no otherwise qualified handicapped individual in the United States will,solely by reason of the
handicap, be excluded from participation in be denied the benefits of or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
Article VI-Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government-wide award term which implements Section 106(g)of the
Trafficking Victims Protection Act of 2000, (TVPA)as amended(22 U.S.C. section 7104).The award term is located at 2 CFR
section 175.15,the full text of which is incorporated here by reference in the terms and conditions of your award.
Article VII-Terrorist Financing
All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with,and the provisions of resources
and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure
compliance with the Order and laws.
Article VIII-SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment and its related
activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical
standards that ensure and enhance interoperable communications.
Article IX Reporting Subawards and Executive Compensation
All recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting
Subawards and Executive Compensation located at 2 C.F.R.Part 170,Appendix A, the full text of which is incorporated here
by reference in the terms and conditions of your award.
Article X Procurement of Recovered Materials
All recipients must comply with Section 6002 of the Sa1id Waste Disposal Act as amended by the Resource..Conservation and
Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency(EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
Article XI-Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified
in 35 U.S.C.section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting,
and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and
the standard patent rights clause located at 37 C.F.R. section 401.14.
Article XII-Notice of Funding Opportunity Requirements
All of the instructions, guidance, limitations,and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this
program are incorporated here by reference in the terms and conditions of your award. All recipients must comply with any
such requirements set forth in the program NOFO.
Article XIII-Non-supplanting Requirement
All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do
not replace(supplant)funds that have been budgeted for the same purpose through non-Federal sources.
Article XIV-Lobbying Prohibitions
All recipients must comply with 31 U.S.C.section 1352,which provides that none of the funds provided under an award may
be expended by the recipient to pay any person to influence,or attempt to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any
Federal action concerning the award or renewal.
Article XV-Limited English Proficiency(Civil Rights Act of 1964,Title VI)
DHS-FEMA-EMPG-FFY 16 Page 28 of 32 City of Federal Way, E17-163
All recipients must comply with the Title VI of the Civil Rights Act of 1964(Title VI)prohibition against discrimination on
the basis of national origin,which requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to persons with limited English proficiency(LEP)to their programs and services. For additional assistance
and information regarding language access obligations, please refer to the DHS Recipient Guidance httos:l/www.dhs.govl
.ui..nce-•ublis ed-h-l.-de•art en-suaoorted-organization s-provide-meaningful-access-people-limited and additional
resources on http://www.lep.gov.
Article XVI-Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Mote!Fire Safety Act of 1990, 15 U.S.C.section 2225a,all recipients must
ensure that all conference, meeting,convention,or training space funded in whole or in part with Federal funds complies with
the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974,as amended, 15 U.S.C.
section 2225.
Article XVII-Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers:(air carriers holding certificates under 49 U.S.C.
section 41102)for international air transportation of people and property to the extent that such service is available, in
accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C. section 40118)and
the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981,amendment to
Comptroller General Decision B-138942.
Article XVIII-Best Practices for Collection and Use of Personally Identifiable Information(PII)
DHS defines personally identifiable information(P11)as any information that permits the identity of an individual to be directly
or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are
required to have a publicaily-available privacy policy that describes standards on the usage and maintenance of PII they
collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and
Privacy template respectively.
Article XIX-Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, II,and Ill of the Americans with Disabilities Act,which prohibits
recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation,and certain testing entities. (42 U.S.C.sections 12101 12213).
Article XX-Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of 1975(Title 42 U.S. Code,section 6101 et
ea.),which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance
Article XXI-Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article XXIi-Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals,
bid invitations,and other documents describing projects or programs funded in whole or in part with Federal funds
Article XXIiI-Federal Leadership on Reducing Text Messaging while Driving
All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O.
13513, including conducting initiatives described in Section 3(a)of the Order when on official Government business or when
performing any work for or on behalf of the federal government.
Article XXIV-Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include
delinquent payroll and other taxes,audit disallowances, and benefit overpayments.See OMB Circular A-129,
Article XXV-False Claims Act and Program Fraud Civil Remedies
DHS-FEMA-EMPG-FFY 16 Page 29 of 32 City of Federal Way, E17-163
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2. Recipients must give DHS access to,and the right to examine and copy, records, accounts, and other documents and
sources of information related to the award and permit access to facilities, personnel, and other individuals and information as
may be necessary, as required by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate OHS officials and maintain appropriate
backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law
or detailed in program guidance.
5. If, during the past three years,the recipient has been accused of discrimination on the grounds of race, color, national
origin(including limited English proficiency), sex,age, disability, religion, or familial status,the recipient must provide a list
of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial
assistance office and the OHS Office of Civil Rights and Civil Liberties(CRCL)by e-mail at crcl @hq.dhs.gov or by mail at U.S.
Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop#0190 Washington,D.C.
20528.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of race,color, national origin
•
(including limited English proficiency), sex, age,disability, religion, or familial status against the recipient, or the recipient
settles a case or matter alleging such discrimination,recipients must forward a copy of the complaint and findings to the DHS
financial assistance office and the CRCL office by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
Article XXXV-Assurances,Administrative Requirements,Cost Principles,and Audit Requirements
OHS financial assistance recipients must complete either the OMB Standard Form 424B Assurances-Non-Construction
Programs or OMB Standard Form 4240 Assurances—Construction Programs as applicable. Certain assurances in these
documents may not be applicable to your program,and the OHS financial assistance office may require applicants to certify
additional assurances.Applicants are required to fill out the assurances applicable to their program as instructed by the
awarding agency. Please contact the financial assistance office if you have any questions.
OHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements,Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by
DHS at 2 C.F.R. Part 3002.
Article XXXVI-Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.0 section
2409,41 U.S.C. 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XXXVII-National Environmental Policy Act
All recipients must comply with the requirements of the National Environmental Policy Act(NEPA)and the Council on
Environmental Quality(CEQ) Regulations for Implementing the Procedural Provisions of NEPA,which requires recipients to
use all practicable means within their authority, and consistent with other essential considerations of national policy,to create
and maintain conditions under which people and nature can exist in productive harmony and fulfill the social,economic,and
other needs of present and future generations of Americans.
Article XXXVIII-Nondiscrimination in Matters Pertaining to Faith-based Organizations
Faith-based organizations are, under 6 C.F.R. Part 19, afforded certain protections as it relates to eligibility to receive financial
assistance from DHS for social service programs, or to participate in social service programs administered or financed by
DHS. Organizations that receive financial assistance from OHS for a social service program or participate in DHS social
service programs have an obligation to comply with the equal treatment policies and requirements contained in 6 C.F.R. Part
19,which, among other provisions, prohibit recipient organizations from discriminating against beneficiaries on the basis
of religion or religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice;
and generally require recipients subject to the rule to provide certain protections,and notice of those protections,to their
beneficiaries. Recipients must also comply with any other policies and procedures regarding the participation of faith-based
organizations contained in applicable statutes, regulations,and guidance governing individual DHS programs.
DHS-FEMA-EMPG-FFY 16 Page 31 of 32 City of Federal Way, E17-163
Obligating Document for Award/Amendment
1a.AGREEMENT NO. 2. 3. RECIPIENT NO. 4. TYPE OF 5.CONTROL NO.
EMS-2016-EP-00002-S01 AMENDMEN1916001095G ACTION FY2016R10EMPG
NO. AWARD
6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS
ADDRESS ADDRESS Financial Services Branch
Washington Military Grant Operations 500 C Street,S.W.,Room 723
Department 245 Murray Lane-Building 410,SW Washington DC,20472
Building 20 Washington DC,20528-7000
Camp Murray,WA,98430- POC: 866-927-5646
5122
9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR
PROJECT OFFICER 253-512-7121 Central Scheduling and Information Desk
Sierra Wardell Phone:800-368-6498
Email:Askcsid @dhs.gov
11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD
THIS ACTION METHOD Cost Reimbursement From: To:
10/01/2015 OF 10/01/2015 09/30/2017
PAYMENT Budget Period
PARS 10/01/2015 09/30/2017
15.DESCRIPTION OF ACTION
a.(Indicate funding data for awards or financial changes)
PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON-
NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT
ACRONYM XXXX-XXX-XXXXXX- AWARD THIS AWARD
XXXXX-XXXX-XXXX-X ACTION
+OR(-)
Emergency 97.042 2016-EM-D111-R107- $0.00 $7,254,374.00 $7,254,374.00 See Totals
Management -4101-D
Performance
Grants
TOTALS $0.00 $7,254,374.00 $7,254,374.00 $7,254,374.00
b.To describe changes other than funding data or financial changes,attach schedule and check
N/A
16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS
DOCUMENT TO FEMA(See Block 7 for address)
Emergency Management Performance Grants recipients are not required to sign and return copies of this document.However,recipients
should print and keep a copy of this document for their records.
16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE
Sierra Wardell,Preparedness Grants Section Program Manager Wed Aug 24 15:24:50 GMT
2016
18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE
KIMBERLY PENFOLD, Wed Aug 10 17:43:17 GMT
2016
DHS-FEMA-EMPG-FFY 16 Page 32 of 32 City of Federal Way, E17-163
COUNCIL MEETING DATE: March 21,2017 ITEM#: 5•
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: INCREASE TO HOUSING REPAIR DOLLAR LIMIT
POLICY QUESTION: Should City Council approve an increase in the Housing Repair Program project limit
from$10,000.00 per project to$15,000.00 per project?
COMMITTEE. PRHSPSC MEETING DATE: March 14, 2017
CATEGORY:
® Consent ❑ Ordinance El Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jeffrey Watson DEPT: CD
Background:
The Housing Repair Program(HRP),which is funded from the Community Development Block Grant(CDBG)program, is
intended to help low-and moderate-income homeowners in Federal Way. The HRP started in 2012 with a$5,000 per home
repair limit, which was increased in 2013 to a $10,000 per home repair limit. Due to increases in construction costs, the
program is finding it difficult to conduct repairs for under$10,000. The HRP policies stipulate that project costs in excess
of$10,000 must be paid by the homeowner. For instance, the cost of roof replacements has ranged from $9,500-$22,000.
Such project costs place a burden on low-and moderate-income homeowners,which is counter to the intent of the program,
and has in some cases required homeowners to make up the difference of the costs over$10,000. Many homeowners are not
able to afford the cost difference and it results in the project not moving forward.
Staff is requesting an increase in the per home repair limit, raising the repair limit from the current$10,000 to $15,000 per
home. The program is still a zero percent interest, deferred loan that is due upon the sale of the home or no longer in
possession of the homeowner.
Options Considered:
1. Approve the requested increase to the Housing Repair dollar limit.
2. Do not approve the requested increase to the Housing Repair dollar limit and give staff direction.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: 3z�//-f 3 DIRECTOR APPROVAL:( /,'k? � l//7
co tt Council Initial/Date
Initial/Date Initial/Date
CHIEF OF STAFF:
Committee Council
InitiaUDate Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed Increase to the Housing Repair Program
Dollar Limit to the March 21, 2017 consent agenda for approval.
If
Co ittee Chair Committee ember Committee V.m►-
•
PROPOSED COUNCIL MOTION: "I move approval of the increase for the Home Repair Program per home
repair limit to$15,000.00."
(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: March 21,2017 ITEM#: 5k. .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:AUTHORIZATION TO ALLOCATE FUNDS FOR THE PARKS,RECREATION AND OPEN SPACE PLAN
POLICY QUESTION: Should the City Council authorize funding from unallocated Parks Department CIP funds
to allow the Parks Department to enter into a contract with AHBL Inc. in the amount of$40,000?
COMMITTEE: PRHSPS MEETING DATE: March 14, 2017
CATEGORY:
Z Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: John Hutton Parks Director DEPT: Parks
Attachments:None
Background: The funds will be used for the purpose of developing a Parks, Recreation and Open Space Plan
(PROS). This plan is required by the state grant funding agency to be eligible to apply for grants that the
department depends upon for funding for park development and improvements.
Options Considered:
1. Authorize the allocation of$40,000 in CIP funds to hire a consultant to prepare the Parks, Recreation and
Open Space Plan
2. Do not Authorize the allocation of$40,000 in CIP funds and provide direction to staff
MAYOR'S RECOMMENDATION: Option 1.
Am—
MAYOR APPROVAL: dr/ 3 1 111 !!� '3 . 7 DIRECTOR APPROVAL: Z 4 7
/ Corn Mee Coun it Ini /Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the Authorization to allocate $40,000 in CIP funds to hire
a consultant for the Parks, Recreation and Open Space Plan to the March 21, 2017 Council consent agenda for
approval.
Pill &tux—.
Arr .I-,
/ ,a. . 4,6. "_- 4_ . , -
Co ittee Chair Committee Member Committee"y-m C-
PROPOSED COUNCIL MOTION: "I move approval of Authorizing the allocation of$40,000 in CIP funds to hire
a consultant for the Parks, Recreation and Open Space Plan. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—11/2016 RESOLUTION#
COUNCIL MEETING DATE: March 21,2017 ITEM#: ha
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2016 PROGRAM YEAR CONSOLIDATED ANNUAL PERFORMANCE&EVALUATION REPORT
(CAPER)
POLICY QUESTION: Should the City Council approve the 2016 Program Year Consolidated Annual
Performance and Evaluation Report(CAPER)?
COMMITTEE: Parks, Recreation,Human Services&Public Safety MEETING DATE: March 14, 2017
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
El City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Sarah Bridgeford, Human Services Coordinator DEPT: CD
Attachments: 2016 Consolidated Annual Performance& Evaluation Report
In 2011, the City of Federal Way became a Community Development Block Grant (CDBG) entitlement
community and adopted its first Consolidated Plan for the 2012-2016 program year period. In August 2014, the
City was informed by the U.S. Department of Housing&Urban Development (HUD) that the City should begin
to plan for use of the CDBG funding with King County because the City is part of the HOME Consortium,which
led to the adoption of a new Consolidated Plan for the 2015-2019 program year period.
The Consolidated Annual Performance & Evaluation Report (CAPER) informs HUD on how the City utilized
CDBG funds to meet various goals. The CAPER is required for each year of the Consolidated Plan program
period. The 2016 CAPER is for the second program year of the Consolidated Plan program period. The Human
Services Commission considered the 2016 CAPER at its regular meeting on Monday, February 27, 2017, and
voted 4-0 to recommend approval of the CAPER.
Options Considered:
1. Approve the 2016 Consolidated Annual Performance& Evaluation Report.
2. Do not approve the 2016 Consolidated Annual Performance & Evaluation Report and give staff
direction.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: 3„ 01 ? 3 1 DIRECTOR APPROVAL: Z
co tt oun ' InitiaUD to
Initial/Date Initial/
STAFF:
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION:I move to forward the 2016 Consolidated Annual Performance &Evaluation
Report to the March 21, 2017 City Council agenda for public hearing.
Co if ittee Chair Committee ember A Committee hi em
PROPOSED COUNCIL MOTION: `I move approval of the 2016 Consolidated Annual Performance &
Evaluation Report and authorize the Mayor to execute all documents associated with the Report for submission
to the U.S. Department of Housing and Urban Development."
(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#
Am.41kith„,
� ..�•• CITY OF
Federal Way
_ DRAFT Consolidated Annual
Performance
and Evaluation Report
„; r; � (CAPER) for Public Comment
,:,;,,,,,_,. •
PROGRAM YEAR 2016
el'.. ``�,
xy4 '
N SECOND PROGRAM YEAR OF THE KING
COUNTY CONSORTIUM
CONSOLIDATED PLAN 2015-19
fir Al-
Prepared by
todoral
City of Federal WayM _
Ft;lc,I' f _
Communit y Services Division Q ® G
44.4. " AA
Community Development
Department --
For more information on the CAPER contact:
Si necesita esta informacion en espanol, (lame a:
Jeffrey D. Watson
Community Services Manager
(253) 835-2650
jeff.watson @cityoffederalway.com
or
Sarah Bridgeford
CDBG/Human Services Coordinator
(253) 835-2651
Sarah.Bridgeford @cityoffederalway.com
City of Federal Way
Community Development Department
33325 8th Avenue South
Federal Way, Washington 98003
www.cityoffederalway.com
City of Federal Way
Jim Ferrell
Mayor
City Council
Jeanne Burbidge
Deputy Mayor
Lydia Assefa-Dawson
Bob Celski
Susan Honda
Mark Koppang
Martin Moore
Dini Duclos
Executive Summary
The City of Federal Way was able to utilize roughly$3.105 million in CDBG funds to accomplish the
following and more:
• Progress on the construction of the Performing Arts and
Event Center(PAEC)that will help create jobs, expand
businesses, and improve the downtown corridor; r ,.
• Develop the North Federal Way Neighborhood Revitalization
Strategy Area Plan that will enable the City to work with
residents to improve housing,spur economic growth, and
improve infrastructure;
• Fulfill the dream of homeownership for a moderate income View of Mr.Rainier on a clear day
family; from the Federal Way Community
Center.
• Assist entrepreneurs with business development assistance
resulting in the creation of jobs;
• Provide shelter,food, and counseling for homeless women fleeing domestic violence;
• Help families remain in their homes and avoid homelessness through emergency rental and
utility assistance; and
• Provide scholarship assistance for persons with disabilities to take classes that will help them
live independently.
.� jitr- iR t, �,
e i..
I
., .: ��
S
VI
The Federal Way Day Center provides a place for Single family home acquired with CDBG funds,
homeless adults to receive mail,do laundry,prepare rehabilitated with private dollars,and then resold to
simple meals,access computers,and make connections a moderate-income family of seven in the City of
to other resources.The Center was made possible with Federal Way.
City general funds,state funds and private donations.
The City,through partnerships and with the use of City general fund dollars,was able to provide
affordable housing to over 1600 residents,open a Day Center providing laundry and a host of other
services for homeless adults, and develop 216 multi-family units affordable to low income residents.
These are just some of the extraordinary accomplishments achieved in 2016.
Table of Contents
CR-05 -Goals and Outcomes 1
CR-15 - Resources and Investments 91.520(a) 5
CR-20-Affordable Housing 91.520(b) 8
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) 14
CR-30- Public Housing 91.220(h); 91.320(j) 19
CR-35 -Other Actions 91.220(j)-(k); 91.320(i)-(j) 22
CR-40- Monitoring 91.220 and 91.230 26
CR-45 - CDBG 91.520(c) 27
Attachments
A—PR 26 CDBG Financial Summary Report for Program Year 2016
B—City Council Approval of 2016 CAPER
C—Affidavit of Publication for 2016 CAPER Public Comment Period
D—Summary of Public Comments
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91320(a)
During the second program year of the 2015-2019 Consolidated Plan,the City of Federal Way and
community partners successfully utilized federal and local resources to:
• Provide 255 persons with disabilities with scholarships and classes to help them live
independently;
• Further design and construction of the Section
108 funded Performing Arts and Event Center
(see picture);
• Expand the supply of affordable housing -
through acquisition, repair, and resale
benefiting a moderate-income family of 7; !�
• Preserve and improve the existing housing stock - r
through repair of 8 single-family homes and ""'� '
`
code compliance corrections of 73 households;
• Provide employment services and 67 hours of '`-
tutoring to 19 youth, 10 of which were placed in jobs;
• Support the City and County efforts to end homelessness by assisting 5 persons fleeing domestic
violence with 244 bed nights of shelter, 47 hours of case management, and 489 meals;
• Improve the quality of life of 4 drug addicted infants with 135 days of pediatric intensive medical
care. All four infants have been weaned from narcotic medicines and are thriving;
• Prevented homelessness by assisting 81 individuals with rental assistance;
• Expand economic opportunities by the provision of one micro business loan and assisting 84
persons with technical assistance resulting in the creation of 6 new business and jobs; and
• Provided 9 persons with disabilities job training and placement assistance.
Comparison of the proposed versus actual outcomes for each outcome measure submitted
with the consolidated plan and explain, if applicable, why progress was not made toward
meeting goals and objectives. 91.520(g). Table 1 Summarizes the outcomes for both program
year 2016 and for the Consolidated Plan to date.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 1
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CR-10 - Racial and Ethnic composition of Persons assisted
Describe the Persons assisted (including the racial and ethnic status of persons assisted).
91.520(a)
#of People %of
Assisted CDBG %of City
Race/Ethnicity with CDBG Assisted Population
White 92 20% 51.6%
Black or African American 112 24% 9.7%
Asian 10 2% 14.2%
American Indian or American Native 3 1% 9%
Native Hawaiian or Other Pacific Islander 8 2% 2.7%
Multi-Racial 243 52% 6.6%
Total 468
Hispanic 31 7% 16.2%
Not Hispanic 437
Table 2—Table of assistance to racial and ethnic populations by source of funds
During the program year, CDBG funds assisted 468 persons. 52%of the persons served were multi-
racial, 20%white, 24%African-American, 7% Hispanic, and 2%where Asian. According to the Census,
the population in the City of Federal Way is 51.6%white, 16.2% Hispanic, 14.2%Asian, 9.7%African
American, and 6.6%are Multi-racial.African Americans and Multi-racial families are disproportionately
represented amongst those in need in the City.The City will continue to work with our community
partners to ensure culturally appropriate services are provided to meet the needs of our diverse citizens.
In addition, we will continue to address barriers that marginalize those most in need from achieving a
suitable living environment, accessing economic opportunities, and accessing decent, affordable
housing.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 4
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Source Resources Made Amount Expended During
Funds Available Program Year
Section 108 Loan, Entitlement
CDBG Grant & Program Income 3,407,763.11 3,402,240.49
Table 3—Resources Made Available
The City expended about 92%of its available CDBG resources during the second program year of the
consolidated plan (2016). This is an improvement over the 22.2%expenditure rate of the first program
year.The City expanded its outreach efforts so that during this program year, more CDBG funds were
obligated to projects that were completed during the program year.
Program Income
In addition to the resources made available (see Table in the table above, the City received the following
program income during the program year:
Program Income Resource
Program Description Program Income
CDBG Microenterprise Business Loan (IDIS Activity#63, PY2013, Project ID#10) $ 3,851.11
TOTAL $ 3,851.11
In 2013,the City utilized CDBG funds for a Microenterprise Business Loan program to expand economic
opportunities. A loan of$18,500 was awarded to Universal Cartridge LLC for equipment purchase.
During the program year,the City received monthly loan payments totaling$3,851.11.These funds were
used to support the grant for Highline Community College's Start Zone Project to improve the self-
sufficiency of Federal Way residents/business owners by providing educational interventions that are
aimed at enhancing small business, self-employment, and micro-enterprise in the City.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 5
Identify the geographic distribution and location of investments
Target Area Planned Percentage of Actual Percentage of Narrative Description
Allocation Allocation
Table 4—Identify the geographic distribution and location of investments
Most of the City's CDBG funding during the Program Year was Citywide except for the following:
CDBG City Code Enforcement(Compliance)
The CDBG City Code Enforcement (Compliance) program was implemented only in those areas of the
City where 51%or more of the residents were low income. (See map, Perecentage of Low to Moderate
Income by Block Group for the City of Federal Way). In addition, CDBG Code Enforcement must be in
areas of deteriation defined as one
or more of the following Percentage of Low to Moderate Income by Block Group
conditions: Code Compliance 40,7
s.a�'Iwo Bf� 'E ..
f aws
• A significant number of s E ; t documented graffiti tags z`�;• ..within the prior year; I 4 ` ,• A significant number of ..mob �-�-�existing code violations c . �� =
and/or complaints; --�sWO t -
• The presence of vacant or , _ €
abandoned buildings as �• ..og . '°" a "'� = ,;,�
determined by periodic `6,—..., \A ' . i -
field observations; a . q ' P -`
• The presence of unsafe a� z 303'° '''U 4 s E
f.
.,. �
structures or buildings in .40
severe disrepair affecting - '.,��, .a
Legend ` a
the overall appearance of Low to Mod Percentage 2& I ii 4"
the neighborhood as °�.. _,t �''' I� Y
25-42°ro _4 I �z
determined by periodic c3-63 'ys ""j 4,
. 35°.:, r E .
field observations;
• Unkempt outdoor Source:2010 Census;2014 HUD
Census Legend:
landscaping, trash I 12010 Census Block Groups
I1 2010 Census Tract
enclosures or cans, Low Mod Percentage
'� Census Block Group , �Federal Way
discarded furniture or P a o 05 1
300 Census Tract N 1111 Miles ;dsgw aa«a w�+a 5,nuwa,ames,
indoor furniture or 9maraaK�.e� �,.
appliances being used in
the outdoor areas as determined by periodic field observations or complaints;
• Deleterious land uses as determined by higher crime area statistics.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 6
The City has other public or private improvements, rehabilitation, or other programs/services that,
together with CDBG Code Enforcement, may be expected to arrest the decline in the area:
• Housing Repair Program (City's"HRP")
• Graffiti Removal Program
• Community Education on Code Enforcement
• Other City and community partner investment in redevelopment or rehabilitation projects (e.g.,
Habitat for Humanity Exterior Housing Repair Program).
North Federal Way Neighborhood Revitalization Strategy Area (NRSA)
The City also established a
Neighborhood Revitalization City of NRSA within w a Frawn XK
r.arr xon ra aetus
Strategy Area (NRSA) Plan for Federal Way Federal Way .V1261415 liltr u:
North Federal Way that was ° , , ""� ' ( :
approved by HUD late in the ��e� S212NDST_
2016 Program Year. Seventy-two E�ac
percent (72%) of those living in
the NRSA are low-to moderate- S 288TH 3T
s f
income, over half are from a
11 minority group, and a little over •"dr• .0Q'
a third of the residents are youth ��.i �,a- „ G�, j
under the age of 18. The City .. swsa,THSTg 11 I
will endeavor to bring the North a �, Federal s irii 5 `. —
L ^ _ Auburn
Federal Way community NORTH STARE Q Care t
•
together to collectively design -AY 0 SW CAMPUS 5336 ST
and implement the programs 5
and projects that will address Tacoma i ,348TH
identified needs: edestrian 1 ' 4
p w SW 356TH ST M Extt,»2
qv pathway improvements; housing l, (�
repair (both multi-family and 1.,,.,f `i '
9
single-family); economic ��' �.. Z''
•
development (business Legend '''\
i { n
retention, expansion and job (�CityLimits t UIoa
_NRSA Bandar ,' ; --,- "'`
opportunities for residents); + • + Pon county B v"cary { 5 ~^
a?a
r! 'Si R i
youth programs; and improved
Teia map H atended b use
recreational facilities. In future aaaGr icalrepreseatatr°n
�� Federal Way d8 City or Federal Way makes
program years, CDBG funds will , . no warranty as to■is smarms)
_ �i,,n.WpserR�lMlrrG mru
be utilized to help North Federal Way become a thriving neighborhood.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 7
Leveraging
Explain how federal funds leveraged additional resources (private, state, and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction were used to address the
needs identified in the plan.
The City was able to leverage $34,736,727.01 in private, state, and local resources. For every$1 in CDBG
funds expended during this Program Year, the City leveraged over$15.88 in other funds. Roughly$32.3
million in private funds was utilized to fund projects,the majority of which was for the Section 108
Performing Arts and Events Center.There is no publicly owned land or property located within the
jurisdiction that was used to address the needs identified in the plan.
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of homeless households to be 0 6
provided affordable housing units
Number of non-homeless households to 0 0
be provided affordable housing units
Number of special-needs households to 0 0
be provided affordable housing units _
Total
Table 5-Number of Households
One-Year Goal Actual
Number of households supported 0 2,161
through rental assistance
Number of households supported 0 216
through the production of new units
Number of households supported 0 8
through the rehab of existing units
Number of households supported 0 1
through the acquisition of existing units
Total
Table 6-Number of Households Supported
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 8
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City met its goal for the Program Year. With the City's Housing Repair Program, seven households
received vital home repairs. Using CDBG funds to acquire a vacant property in Federal way, Habitat for
Humanity was then able to rehab the home and resell it at an affordable price to a moderate-income
household. Hospitality House provided shelter to six homeless women fleeing domestic violence.
Through various partnerships, we successfully provided rental assistance to 2,161 households:
• King County Housing Authority (KCHA) provided 1,613 Section 8 Housing Choice Vouchers;
• The Multi-Service Center assisted 81 individuals with their emergency program (CDBG funded);
• Occupancy of 216 households in a new, affordable, multi-family housing complex funded with
Tax Credits;
• Habitat for Humanity's acquisition, rehab, and resale program assisted a family of seven with
homeownership;
• Rehab of 8 homes to maintain the affordability to low income residents; and
• 529 households were assisted by Catholic Community Services, St. Vincent de Paul, and Federal
Way Community Caregiving Network (all funded with City Human Services General Fund grants).
KCHA holds the Moving to Work (MTW) designation and, therefore, has more flexibility in the use of
their resources than non-MTW housing authorities. We are fortunate to have a housing authority with
such high designation to partner with to provide affordable housing choice to residents. KCHA's goal to
expand access to high opportunity neighborhoods has
been effective at helping residents with Housing Choice
`' Vouchers relocate to neighborhoods with higher
' 0!" performing ublic schools and easier access to
.'"Ert ,!, f� 1 —y employment, and job training opportunities.Through
- u•® il0" the Community Choice Program, KCHA provides
counseling and services that help families with young
n i j children make informed and appropriate choices about
...........
new neighborhoods.
With the implementation of the new multi-tiered payment standards implemented during the program
year, KCHA has enabled Housing Choice Voucher subsidies to reflect the true market rents in our diverse
region. Federal Way residents with Housing Choice Vouchers have more affordable housing options
since their subsidy is in line with the city's current market rental and utility rates.
KCHA's Payment Standards for Federal Way
Studios 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR
$870 $1,065 $1,300 $1,650 $2,200 $2,530 $2,855
Other Subsidized Multi-family Housing Developments
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 9
Within the past two years,the City has approved the permits for development of three large multi-
family housing developments funded with Tax Credits.These developments are or will be affordable to
households at or below 60%of the area median:
Year Units for Rented at 60%of Rented at 50%of Total
Project Name Completed Employees Median Income Median Income units
Park 16 2015 4 271 15 290
Kitts Corner 2016 3 202 11 216
Uptown Square 2017 3 279 15 297
Total 10 752 41 803
In addition, the City approved the substantial rehabilitation of two large affordable senior housing
complexes to preserve the units and permitted the development of a new affordable senior apartment
building, all owned and operated by the Senior Housing Assistance Group (SHAG).These actions, while
not CDBG funded, have contributed to achieving the City's goal to provide affordable housing for its
residents. Below is additional information regarding SHAG communities and recent affordable multi-
family housing developments in the City.
Senior Housing Assistance Group (SHAG) Properties in Federal Way—Serving the Puget Sound region for
over 25 years, SHAG has three senior apartment communities that provide affordable housing options in
Federal Way:
Celebration Senior Living Meridian Court Willamette Court
Ili —17—Imil -II
P . — ' . 711 �/ — LI j -I---. 1 4
577. , „.■, Aeng 6 A • I'
Park 16 Apartments—Park 16, located just ten minutes from the City's downtown corridor, boasts:
• 3 playgrounds; �, f,r : :
C i NS
• basketball court; ; 'i `.t -* e.;}
• BBQ/picnic area .......:,„1, . -, t4 r ,
• bike storage; , , ':, � ' ! - ;: : -
• a business center for residents; d- ` {
• clubhouse; -_tea:
• courtyard; = "{
=may .� , .z
A�
• dog park; >_^ . - ,:.fi t'
77a1,1+s, v,t;.
• fitness center; ,,. . ' %>r 11 ei
• hiking trail; i ''"
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Page 10
• spa/hot tub;
• resident theater; and
• year-round indoor pool.
A smoke free community, the green buildings are in proximity to public transportation. Unit mix: 68–1
BR/1 BA, 80–2 BR/2 BA, 54–3 BR/2 BA, 62–4 BR/2 BA, and 29–5 BR/3 BA. Of the 293 affordable units
at Park 16, almost half are for large families. Park 16 is completely leased up.
Kitts Corner Apartments–Kitts Corner is located approximately one block from one of the City's largest
social service providers, Multi-Service Center(MSC).Amenities at the townhouse style apartment
complex include:
• basketball court;
• barbeque/picnic area 4
• bike racks; . _
• computer lab; ^' • A
• dog park; 1 ''ja
• fitness center; s+ >\... .. \ � 47, —
• garage;
• playground «" _'°;r' _ •
• high speed internet; a` 3'I
• media room;
• nature walking trail; • - :.
• recreation room; and
• spa/hot tub.
Most of the townhouses and flats have balconies with views to adjacent green space or the open space
for the senior housing facility next to Kitts Corner. MSC coordinates with property management for
workshops and services for residents. The 216 units are a mix of 1 BR/1 BA, 2 BR/2 BA, 3 BR/2 BA, 4
BR/2 BA, and 5 BR/3 BA.
Uptown Square–The largest affordable apartment complex developed in the City in over a decade,
Uptown Square will provide 297 units comprised of 1 BR/1 BA, 2 BR/2 BA, 3 BR/2 BA, 4 BR/2 BA
apartment flats, and 5 BR/3 BA townhomes.The non-smoking, pet-friendly, and energy efficient/water
efficient sustainable community is in the heart of the City within walking distance of the Commons Mall,
groceries, dining, and movies. Interstate 5 and the City's transit center is less than a mile away.
Commercial space is available on the main floor of the buildings along 320th, one of the City's major
roadways. Amenities include:
• 3 playgrounds;
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 11
• basketball court;
• barbecue/picnic
area; - au _
• bike racks; `" .` _ a �V�f .. =- €" a •
• clubhouse, ;= A, VIE" „ s--
• computer lab; - _ -‘ -
• dog park; ' s• 7 _' ! it _3
• garage; ., ...,,,,L be l4 ' '"'1
• high speed internet; }j' —. '
.rte � 'SGi .� � -_
• media room; $.R 4. . F .
f 4- �' ,no •• recreation room; '.. �., '_ n• n.:- <>` -,# :
' . w' m -- w 7 .+ .�•
• spa/hot tub; and ^� :—.
• a sparkling pool. - -
Property management is accepting applications; large households are encouraged to apply.All buildings
should be completed by Spring of 2017.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 12
Discuss how these outcomes will impact future annual action plans.
The City is committed to affordable housing opportunities for residents.The City will continue to invest
in the preservation of existing housing, especially for owner-occupied low-and moderate- income
residents. During the Program Year, a tax credit apartment complex was completed and the
construction of another within the City commenced as previously mentioned.The City is working with a
variety of agencies to ensure any needed services are available to residents of these properties.With
the completion and HUD approval of the North Federal Way NRSA Plan, future CAPERs will include
programs and projects to address preservation of affordable housing and services to help residents
remain in their housing.
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 141 0
Low-income 300 0
Moderate-income 23 0
Total 464 0
Table 7—Number of Persons Served
The City expended the majority of its CDBG funds during the Program Year to provide assistance to low
and very-low income residents. Of the activities required to serve clients that are low-and moderate-
income, a total of 441 persons were assisted. (Note that planning and administrative activities are
exempt from the low-and moderate income activity calculation). Five percent of those served were
moderate-income, 65%were low-income, and 30%were extremely low-income.The City will continue
to work with community partners to serve low and extremely low-income residents. In addition,the City
will continue partnerships to provide services that help special needs population, (persons with
disabilities, homeless, etc.)to live independently.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 13
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
All Home King County Strategic Plan
The City is not a direct service provider. However, working with our community partners, the City
provides funding to agencies that participate in the All Home King County,the countywide effort to end
homelessness. Part of the All Home Strategic Plan is a coordinated entry system where there are
regional access points for homeless persons to get immediate assistance including assessment.The
regional entry points enable homeless persons to have easier access to assistance. Under the previous
system, intakes for assessments were at a few locations. With the regional Homeless Management
Information System (HMIS) and the regional coordinated entry system, homeless persons have easier
access to intake, assessments, and case management. With the completion of the coordinated entry
regional access system, we are hopeful that more homeless in Federal Way will have access to shelters
countywide, in addition to immediate case management. One of the City's invaluable community
partners, Multi-Service Center(MSC), was appointed one of the regional intake centers. With an on-site
food bank, ability for intake, and immediate referral, we are excited about MSC services to assist the
homeless in the city and our region.
City Homeless Services/Encampment initiative
In the Spring of the program year, the City launched the Homeless Services/Encampment Initiative that
involved coordination of the City Police Department, Code Enforcement, Community Services, Public
Works, Parks and Recreation, and many human services providers.The objectives of the Initiative are
three fold:
1. Coordination of service providers from the City 1_ )
and the region; � ~
2. Provide care, compassion, and referral of
available services to those in need; and
3. Initiate the cleanup of encampments to ..� y ,
address health, safety, environmental . - - =
concerns, and damage to public and private -o
property.
The initiative was launched due the dramatic increase in homeless persons through in the One-Night-
Count in January of 2016, where there was a 150% increase in the number of homeless in the City. In
addition, there was a homeless encampment fire in the wooded area in March of the program year as
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 14
well as an increase in encampments throughout the City. Due to health, safety, environmental impact,
and property damage in and around homeless encampments,the City began discussions with the
community early in the program year resulting in the City's initiative.
,. ,; , There were 18 identified homeless
encampments within the City during the
.._ 1 -- program year. When the camp is on public land,
?► iaf people living at the camp are notified that the
camp will be closed and given information about
„,
�^ various human services including housing, the
'• 5 x y Day Center, chemical dependency, mental
-,�•r,* health, shelters, etc. Providers are notified as
` 1 * , well so they can provide outreach and intake at
y am'_ . the camp before it is closed and cleaned up by
1 " s° ° Ile, - the City. If the camp is on private land, city
t- ' % officials notify landowners and inform them that
4 114114&„
they are not in compliance with city code.
Private land owners are provided information about human resources to notify those residing at the
camp.
South King County Housing and Homelessness Partnership
The City is an active participant in the South King County Housing and Homelessness Partnership
(SKHHP).This network of municipal land use and human service providers and non-profit housing and
homelessness organizations was formed to identify and advocate for the equitable housing and
homelessness programs in South King County. SKHHP developed the following priorities to address
emergency homeless services in South King County, which includes Federal Way:
• Hygiene centers
• Safe parking
• Severe weather shelters
• Mapping available emergency services throughout the region
The City of Federal Way did address the prioritized
emergency homeless services during the program year. _ INN INNW ii
With the City general fund, a State grant, and many ., .. rop,-,)-2- 4:
al
contributions from the public, the Federal Way Day ~I !�
Center opened in December of 2016.The shelter is open ` ..,.
to homeless women and men during the day with free �2W
access to on-site laundry, showers, mail service, =
computers, a small kitchen to prepare meals, and access
to services and referrals.The MSC food bank is just f I f1
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 15
across the parking lot. Public Health and community dental health services are within one block of the
Day Center. Case Managers and volunteers staff the Center to provide information, connections, and
intake. Mobile dental and health vans will provide services to the Center to offer free services to clients.
Since opening, 119 homeless clients visited the Day Center. Seventeen homeless clients have been
referred to service, 26 have been connected to community partners, and 18 have been placed in
shelters.Volunteers have contributed 180 hours to assist visitors at the Day Center.The Center is a pilot
program with a two year funding commitment of$100,000 from both the City of Federal Way and the
State. Catholic Community Services, the owner and operator of the Center, with the use of volunteers
and a countywide fundraising campaign has pledged to continue operations of the Center beyond two
years.
The concept of Safe Parking, while controversial, is recognized by many homeless providers as
emergency housing for homeless individuals and families who utilize their vehicles as shelter. A Walmart
in the City allows homeless persons to park their vehicles overnight in the store parking lot and utilize
the store restrooms.The 24-hour store is located in the heart of downtown and in proximity to Pacific
Highway(Highway 99), Interstate 5, and public transportation. During the One- Night Count in January
of the program year, over 100 vehicles in the Walmart parking lot were occupied by persons believed to
be living in their vehicles.Various homeless providers often visit the Walmart parking lot in Federal Way
for outreach, intake, and linkages to services.
During the program year, both public libraries in the City and the main lobby of the Federal Way
Community Center were open to anyone escaping the
inclement weather.The libraries with a closing of 9 PM on
most weekdays saw an increase in use in October through
" ; December, compared to January to February. The Community
Center was made available as a warming center on the coldest
days or during severe weather.The Center includes a small
1011P) fire place, and cafe seating and is open until 9 PM on
-t_, T most weeknights, providing a safe place for persons with
access to shelter from the weather during day time hours. City
officials are working with service providers for an overnight
severe weather shelter. Progress on this endeavor will be reported in future CAPERs.
With community partners, mapping of the regional emergency services is underway.The City provides
regular updates to the City's website and the countywide information and referral resource line 211
maintains real-time services and programs to aid those in need.
The City utilized $12,460 in CDBG funds during the Program Year to provide shelter and case
management to homeless women. 47 case management hours included outreach, assessment, and
referral were provided to five homeless women in the City. The women also received 489 meals and
244 bed nights of shelter.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 16
Addressing the emergency shelter and transitional housing needs of homeless persons
As previously mentioned,the City spent$12,460 in CDBG funds to assist 5 persons fleeing domestic
violence with 244 bed nights of shelter, 47 hours of case management, and 489 meals.The City annually
provides general funds to support a variety of human services programs. During the Program Year, the
City expended $124,186 in general funds to programs that provided 364 hours of case management,
2,529 shelter bed nights, 7,654 bed nights of transitional housing to 398 households (over 900
individuals). Of the households assisted, 6 families were placed in permanent housing.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
In addition to CDBG funds, the City provided general funds for homeless prevention including:
• $51,872 for programs that provided rent and utility assistance to 444 households to prevent
homelessness;
• $5,000 for childcare, after school programs, mentoring, education, employment programs, case
management, and other services for over 100 youth;
• $35,000 for 584 hours of mental health counseling to 126 youth and their families;
• $40,178 to provide 27,052 medical service visits to 9,499 individuals and 8,522 dental care visits
to 3,117 persons;
• $10,000 for 1,275 shelter bed nights for 20 individuals fleeing domestic violence;
• $3,000 to assist 575 households with 691 hours of legal assistance to address eviction;
• $36,100 to provide 12,823 individuals with 3,624 visits to the food bank;
• $5,000 for 35,202 meals for 1,485 Federal Way residents who, without assistance, would not
have enough food;
• $25,000 to assist 206 persons with sexual assault services;
• $9,000 to provide 583 households with 1,694 volunteer hours of housing repair and chore
assistance to help older adults and persons with disabilities remain in their homes;
• $165,000 during the program year to maintain the public health services at King County Public
Health facility located in Federal Way; and
• $5,000 to assist 12 households facing domestic violence with 305 hours of counseling (mental
health, domestic violence, housing, employment, etc.).
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 17
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
Many of the City's funded programs in the previous question provide services to prevent individuals and
families who were recently homeless from becoming homeless again. To combat family homelessness,
King County Housing Authority expanded its Student and Family Stability Initiative (SFSI) with Highline
School District(located in South King County). SFSI is part of our countywide Rapid Re-Housing program
that provides homeless students and their families with short-term rental assistance, security deposits,
and individualized case management and employment services.SFSI has been effective in stabilizing
children in the classroom and reducing school district McKinney-Vento mandated transportation costs.
KCHA reserved funding for 90 families during the program year to participate in the SFSI.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 18
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City is within the jurisdiction of the King County Housing Authority(KCHA). KCHA owns three public
housing developments, one subsidized housing property, and a moderate income apartment complex
within the City limits.The waiting list for public housing is several years long. Waiting list preferences are
for those who are homeless or at-risk of losing housing, living in substandard-condition housing, at or
below 30%of the area median income (unless you already receive a rental subsidy), and paying more
than 50%of household income on rent and utilities. Priority is for families with children, age 55+, and/or
disabled.
• Evergreen Court—for families, persons with disabilities, and seniors age 55+. Unit mix: 22 -2
4, _fir- _ BR/1BA, and 8—3 BR/1 BA. The garden variety complex is
ti ,;1 ,� comprised of garden style adjoining bungalows and two-story
'` - �-�,, structures. Evergreen Court is on a quiet cul-de-sac in
g proximity to the Commons Mall and public transportation
- (along Pacific Highway South).Amenities include unit laundry
hookups and patios.
• Federal Way Homes—for families, persons with disabilities, and
seniors age 55+. Units: 3—3 BR/1BA. The three single-family '
,
homes are located on quiet, residential neighborhoods scattered in IIMIMNintor•-
the Northern parts of the City. Each home features carpeting, '
washer and dryer hookups, and large yards. Proximity to shopping, 1
transportation, schools, etc.,varies.These units are restricted to
current Housing Authortity residents in good standing.
• King Court—for families, persons with disabilities, and seniors age 55+. Units: 21—2 BR/1 BA, 9
—3 BR/1.5BA. Located just minutes from the Commons Mall and
other major shopping,the quiet woody streets of Kings Court
are three blocks from a major transportation corridor, Pacific
Highway South (Highway 99). Amenities include backyard patios, t'` c
community building with onsite laundry, and a neighborhood -
park cross across the street.
• Laurelwood Gardens is a subsidized development complex for families, persons with disabilities,
and seniors age 55+. Laurelwood Gardens is managed by a
private company.There are 60—2 BR/1BA, 23—3 BR/1 BA, and
8-4 BR/1.5 BA units. Located within the North Federal Way +f
NRSA,the property is beautifully landscaped and full of ._ T `
amenities. Pedestrian improvements are needed for access to r
Metro Transit bus routes on Pacific Highway (about five blocks
to the West) and S. 288th St. (about eight blocks North)There are limited pedestrian walkways
and very low visibility with the winding roadway. Section 8 Housing Choice Vouchers are
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 19
accepted at Laurelwood Gardens and there is no waiting list.
• Cove East is a moderate-income complex serving families, individuals, persons with disabilities,
and seniors age 55+. Cove East is also managed by a private
company. The apartment complex is for those who can almost f
afford market rate housing.Tenants pay a flat rent, not a
percentage of their income. Unit mix:48—studio/1 BA, 72—1 BR/1
BA, 24—2 BR/1 BA, and 46—2 BR/2BA. According to property
management, there are roughly 500 households on the waiting list; about twenty-four months
wait for an available unit.
During the Program Year, KCHA provided 1,613 Section 8 Housing Choice Vouchers to Federal Way
residents. The Voucher program provides a subsidy to low-income households. Participants locate their
housing either in the private market or some subsidized properties such as Laurel Gardens and Cove
East.
The City Community Development Staff are active participants in the South King County Joint Planners
and Development Work Group.The Work Group includes KCHA, local jurisdictions, developers, and
others who want to affect housing policy, development, and similar issues within the region. City staff
continues to support and provide input on KCHA administration, policies, and programs through the
Work Group.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The City continues to work with KCHA to include residents of public housing and Section 8 Housing
Choice Vouchers in KCHA administration and property management. The City supports KCHA Resident
Services and their efforts to enroll residents in the Family Self-Sufficiency (FSS) program which includes
homeownership opportunities. At the end of the program year,42 Federal Way residents were active in
the FSS program. In addition, 11 Federal Way residents graduated from the FSS program to achieve a
myriad of goals including:
• One increased earned annual income from zero to over$72,000;
• One completed her Bachelor of Science and started work on her Master of Social Work;
• One started a Section 3 business (fulfilling their entrepreneurial dream);
• Three increased their savings;
• Two purchased a home (achieving their homeownership goal);
• Others enrolled in college and/or technical training program; and
• More moved out of KCHA assistance.
Residents of KCHA services are encouraged to participate on the KCHA Resident Advisory Committee
(RAC). The Committee is representative of residents in a variety of KCHA programs It meets regularly to
provide feedback to KCHA officials.The Committee's input helps KCHA develop better policies and
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 20
procedures that impact residents. A voice for resident communities,the RAC meetings are open to the
public and are geographically formed to ensure large participation.The North and Eastside RAC meet as
one group in the North or East part of the county.The South RAC meets at various sites in the south part
of the County.Joint RAC meetings are held at least twice a year at the KCHA administrative building.
KCHA management solicits input from the RAC in the development of the Annual Moving to Work report
including establishing priorities, ideas on proposed programs and initiatives, and reviewing
accomplishments.
KCHA is one of only 39 public housing authorities (PHAs)that are part of HUD's Moving to Work (MTW)
demonstration program. MTW provides PHAs the opportunity to design and test innovative, locally-
designed strategies that use Federal dollars more efficiently, help residents find employment and
become self-sufficient, and increase housing choices for low-income families. MTW gives PHA5
exemptions from many existing public housing and voucher rules and more flexibility with how they use
their Federal funds. KCHA has participated as an MTW agency since 2003.
Actions taken to provide assistance to troubled PHAs
KCHA is a high performing public housing authority.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 21
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
Federal Way Community Development staff meets regularly to monitor regulations, ordinances, policies,
zoning, building codes, and development fees to ensure the requirements do not create an unnecessary
or extraneous barrier to affordable housing. In addition, the City participates in the South King County
Joint Planners and Development Work Group, and the Puget Sound Regional Council (PSRC) to identify
and eradicate regional policies that constrain affordable housing.
In June of 2016,the City Council adopted a six-month moratorium on the expansion or creation of multi-
family housing and senior housing except for duplexes, triplexes, accessory dwelling units,townhouses,
and cottage housing.The reason for the moratorium is to give the City Council sufficient time to review
the multi-family zoning and development regulations and determine whether they are appropriate for
the type of multi-family development the Council envisions for the City, and whether it will meet the
needs of population trends.
City of Federal Way Affordable Housing Availability
%of Area Median %Affordable Needed %of Affordable %of affordable %of All
Income (AMI) to meet WA State Renter Owner Occupied Units
Growth Management Occupied Units Occupied Units Deemed
Act (GMA) Affordable
51-80%(Moderate) 16% 37.2% 24% 26.2%
31-50%(Low) 12% 41.7% 4.2% 20.4%
30%&Below (Very/ 12% 3.5% 1% 2%
Extremely Low)
Sum 82.3% 29.2% 48.6%
Source: U.S. Census Bureau, 2010-2014 American Community Survey 5-year Estimates
The Growth Management Act (GMA) requires that the city identify sufficient land for housing, including,
but not limited to, government-assisted housing, housing for low-income families/persons,
manufactured housing, multi-family housing, group homes, and foster care facilities. It also requires the
plan to provide for existing and projected housing needs for all economic segments of the community as
illustrated in the table above.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 22
Many of the City's multi-family housing units are more than twenty years old and some are in need of
major rehab.This is certainly the case for the majority of the 1273 mobile homes within the City limits.
With 82%of the city's multi-family housing affordable to moderate and lower income households,
housing preservation is a priority for the City. While the City exceeds the requirements for affordable
housing for low-and moderate-income residents,there is still a need to provide housing for very low
income groups in accordance with the GMA.
With limited land for new development,the need to provide housing for extremely low-income groups
and the City's priority to preserve the existing affordable housing, it became imperative for the City to
re-evaluate multi-family housing development policies. The City Council extended the multi-family
housing moratorium another for another six months towards the end of the program year to enable city
officials sufficient time to assess the potential actions presented by Staff to improve the quality of multi-
family development.
The Federal Way School District,which provides education for Federal Way and some adjacent
jurisdictions, increased the school impact fee for multi-family units in Federal Way from $1,834 to
$9,273 per unit during the program year. At the same time,the District decreased the fee for King
County, including the cities of Auburn and Kent, from $1,834 to $506 per unit.The School District has
adopted a school impact fee of$8,836 for multi-family units in all jurisdictions within the school district
boundary for 2017.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
During the Program Year,the City utilized CDBG to fund three public services programs that meet the
needs of underserved communities:
• Inclusion Program received $36,312 to provide 255
persons with disabilities scholarships to take multiple life
skills classes that prepare them to live independently; { .
• Homeless Shelter received $12,460 to provide 5 4
homeless women with 244 bed nights of shelter,47
hours of case management and 489 meals; and
• Employment Services Program received $10,383 to assist
9 disabled persons with job readiness and placement
assistance. (Photo: Orion Industries is the City's partner in providing employment training and
placement assistance to disabled persons).
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
All housing rehabilitation projects complied with the lead-based paint requirements.As appropriate,
City staff provided information concerning lead hazards to our project beneficiaries.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 23
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
The City provided $175,000 in CDBG funding for housing repair. During the Program Year, 8 residents
were assisted roughly$24,095 in CDBG funds provided Emergency rent and utility assistance to 81 low-
income persons in the City to help them remain in their housing. Highline Community College received
$87,000 in CDBG funds to assist 84 clients with technical assistance that resulted in 6 new businesses
and jobs.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
City staff continued to share information and resources through their attendance at meetings of the
South King County Regional Human Services Planner's meetings.The City's Community Services staff
continued to meet with Highline Community College SBDC and Start Zone staff to provide technical
assistance to entrepreneurs interested in starting new and expanding existing business.
CDBG Program staff posted CDBG Program materials and announcements, such as the availability of the
Environmental Review Record, Annual Plan, CAPER, and NOFA documents in the local newspaper and on
the City's website, www.cityoffederalway.com, and distributed copies of all materials when available to
the general public, non-profit organizations, and elected officials.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City is an active participant in the South County Human Services Planners (SKCHS)group. SKCHS is
comprised of local planners, social service agencies, human services organizations, and public housing
authority staff.The purpose of the group is to coordinate efforts to ensure relevant and culturally
appropriate human services are made available to those most in need with the region.The City staff will
continue involvement with the SKCHS to improve the coordination between public and private housing
and social service agencies.
During the program year, 3 SKCHS members including the City of Federal Way undertook a pilot funding
process to support small organizations that specialize in serving under-served, under-represented,
and/or under resourced populations. As part of the pilot process,the participating cities dedicated a
small portion of their 2017-2018 general fund human services budgets for small organizations (budget
up to $200,000),that serve racially, ethnically, and disadvantaged residents. Additionally,the pilot
process is to help funder in South King County gain a better understanding of the needs of the
organizations it is targeting, both from an organizational capacity perspective, and cultural engagement
and competency perspective. The cultural competency aspect is about both the funders and the
agencies; in order to serve them better, it is important to more fully understand how cities can
respectfully engage agencies and how they engage the communities they serve.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 24
The pilot process also incorporates a simplified application process.This pilot process fosters
inclusiveness by widening the funding distribution list to provide opportunities to organizations that
have historically been left out.The Seattle Foundation joined the partnership to provide matching funds
for the organizations that are awarded funding through this pilot. Progress of the pilot funding process
will be discussed in future reports.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
During the program year,the City provided $3,000 in general funds to the King County Bar Foundation
to support the Pro Bono Services Housing Justice Project and Neighborhood Legal Clinics.The Pro Bono
Services (PBS) utilizes volunteer services of roughly 1,300 attorneys to provide free legal services to low-
income tenants. Program services include:
• Assessments of client's individual legal needs,
• Advice and education regarding rights and responsibilities, and
• Representation to resolve legal matters.
The PBS program thrives to eliminate the barrier of inadequate access to legal assistance for
economically disadvantaged and immigrant populations, a barrier identified in the Analysis of
Impediments to Fair Housing Choice. As a result of the free legal assistance, the PBS program is able to
prevent homelessness, provide family safety and stabilization, and assist marginalized individuals in
navigating the legal system as they seek to preserve basic human needs. In addition, the King Bar
Association is dedicated to increasing the diversity in the legal profession to ensure clients receive
culturally relevant services.
Over 540 households (1,434 individuals) were assisted with 691 hours of legal services. More than half
of the households assisted obtained counsel and advice, which can be the most effective service
because it can prevent an eviction filing. About 30%of households left the program with negotiated
settlements, providing clients with extra time to relocate, a payment plan to maintain current housing,
or a reduction in the judgement. In cases requiring court action, the Housing Justice Project represented
86 households. In 63 of those cases, the in-court outcome was in the tenants'favor.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 25
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
During the program year, all CDBG Public Services programs received an on-site monitoring visit. While
most of the programs were meeting goals and maintaining required documentation, some
recommendations about processes were recommended as a result of the monitoring.There were no
findings or reduction/elimination of sub-recipient funding as a result of the monitoring. Desk monitoring
of all CDBG projects and activities was conducted on a frequent basis throughout the program year.The
Public Services activities were monitored on a quarterly basis in terms of outcomes, goals, and
supporting documentation. Reports were reviewed to ensure that contract targets were being met,
demographic information was being collected, and expenditures were reviewed.The remote monitoring
of invoices submitted for payment and quarterly reports did not reveal any instances of non-compliance.
The Housing Repair Program monitored each and every project during the program year. Every project
file was thoroughly examined. Individual project sites were visited at the scope development phase and
during various phases of construction.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
The CAPER's Notice of Public Comment Period was advertised in the City's Newspaper of Record, on the
City's web site, and at the Federal Way branches of the King County Public Library. Citizen comments
and suggestions were encouraged regarding development of the Program Year CAPER during the 20-day
public comment period that began Friday February 17, 2017 and ended Friday, March 10, 2017. Citizen
comments were encouraged for submission via telephone, letters, email, in person, and mail.
The draft CAPER was emailed to many agencies and community partners. Public hearings regarding the
CAPER were held at the February 27th, 2017 Human Services Commission and the City Council meeting
on March 21, 2017. The CAPER was posted on the City's website at www.cityoffederalway.com during
the public comment period. A hard copy of the CAPER was made available at City Hall and both public
libraries in Federal Way.
Any public comments received will be inserted here.
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 26
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
Staff will engage in a marketing effort to promote the two commercial business assistance programs, as
well as the City's Housing Repair program.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
N/A
OMB Control No:2506-0117(exp.07/31/2015) City of Federal Way 2016 CAPER Page 27
Attachment A
PR 26 CDBG Financial Summary
Report for Program Year 2016
Office of Community Planning and Development DATE: 2/15/2017
U.S. Department of Housing and Urban Development TIME: 1:09:00
PM
Integrated Disbursement and Information System PAGE: 1
PR26-CDBG Financial Summary Report
Program Year 2016
FEDERAL WAY,WA
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 0.00
02 ENTITLEMENT GRANT 673,912.00
03 SURPLUS URBAN RENEWAL 0.00
04 SECTION 108 GUARANTEED LOAN FUNDS 3,030,000.00
05 CURRENT YEAR PROGRAM INCOME 0.00
05a CURRENT YEAR SECTION 108 PROGRAM INCOME(FOR SI TYPE) 0.00
06 FUNDS RETURNED TO THE LINE-OF-CREDIT 0.00
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE**(Note- PY 2016 Program Income Not Receipted in IDIS) 3,851.11
08 TOTAL AVAILABLE(SUM, LINES 01-07) 3,707,763.11
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 3,339,663.93
10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 0.00
11 AMOUNT SUBJECT TO LOW/MOD BENEFIT(LINE 09+ LINE 10) 3,339,663.93
12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 57,231.07
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0.00
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES (**Note- Fees and Interest Payments for Sect. 108 Not Yet 5,345.49
Posted in IDIS)
15 TOTAL EXPENDITURES(SUM, LINES 11-14) 3,402,240.49
16 UNEXPENDED BALANCE(LINE 08- LINE 15) 305,522.62
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING 0.00
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 3,339,663.93
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 0.00
21 TOTAL LOW/MOD CREDIT(SUM, LINES 17-20) 3,339,663.93
22 PERCENT LOW/MOD CREDIT(LINE 21/LINE 11) 100.00%
LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY)COVERED IN CERTIFICATION PY: PY: PY:
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 0.00
25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 0.00
26 PERCENT BENEFIT TO LOW/MOD PERSONS(LINE 25/LINE 24) 0.00%
PART IV: PUBLIC SERVICE(PS)CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES 101,086.00
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00
29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00
30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 0.00
31 TOTAL PS OBLIGATIONS(LINE 27+ LINE 28- LINE 29 + LINE 30) 101,086.00
32 ENTITLEMENT GRANT 673,912.00
33 PRIOR YEAR PROGRAM INCOME 0.00
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00
35 TOTAL SUBJECT TO PS CAP(SUM, LINES 32-34) 673,912.00
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES(LINE 31/LINE 35) 15.00%
PART V: PLANNING AND ADMINISTRATION(PA)CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 57,231.07
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00
39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00
40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 0.00
41 TOTAL PA OBLIGATIONS(LINE 37+ LINE 38-LINE 39+LINE 40) 57,231.07
42 ENTITLEMENT GRANT 673,912.00
43 CURRENT YEAR PROGRAM INCOME**(Note: Program Income received during PY but not receipted in IDIS) 3,851.11
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 0.00
45 TOTAL SUBJECT TO PA CAP(SUM, LINES 42-44) 677,763.11
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES(LINE 41/LINE 45) 8.44%
LINE 17 DETAIL:ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17
Report returned no data.
LINE 18 DETAIL:ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18
Report Returned no data.
LINE 19 DETAIL:ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 19
Plan IDIS IDIS Voucher Matrix National
Year Project Activity Number Activity Name Code Objective
J tY Objective Drawn Amount
2014 12 130 5978389 Parkview Homes XII 1 LMC $50,000.00
2014 12 130 5994251 Parkview Homes XII 1 LMC $254.64
2014 12 130 6006312 Parkview Homes XII 1 LMC $10,000.00
Matrix Code
1 $60,254.64
01
2013 13 125 5942609 Performing Arts and Events Center(PAEC) 3 LMJFI $1,636,000.00
2013 13 125 Not yet Performing Arts and Events Center(PAEC) 3 LMJFI
posted in $994,000.00
IDIS
2013 13 125 Not yet Performing Arts and Events Center(PAEC) 3 LMJFI
posted in $295,000.00
IDIS
3 Matrix trix Code $2,925,000.00
2016 6 135 6006312 Homeless Women's Shelter 5 LMC $9,606.00
2016 11 137 6006312 Rental Assistance 5 LMC $9,454.84
2016 6 135 5993422 Homeless Women's Shelter 5 LMC $2,854.00
2016 11 137 5993422 Rental Assistance 5 LMC $14,640.16
5
Matrix trix Code $36,555.00
2016 5 134 6006312 Services/Activities for Disabled Adults 05B LMC $9,078.00
2016 5 134 5993422 Services/Activities for Disabled Adults 05B LMC $27,234.00
05B Matrix Code $36,312.00
2016 8 138 6006312 Education&Employment Services 05H LMC $3,161.00
2016 9 136 6006312 Employment Services 05H LMC $2,626.50
2016 8 138 5993422 Education&Employment Services 05H LMC $9,483.00
2016 9 136 5993422 Employment Services 05H LMC $7,756.50
05H
Matrix Code $23,027.00
2016 10 139 6006312 Pediatric Interim Care 05M LMC $1,298.00
2016 10 139 5993422 Pediatric Interim Care 05M LMC $3,894.00
05M 05M
Matrix Code $5,192.00
2012 11 30 5985889 Claxton- 12-004A 14A LMH $5,333.75
2015 22 128 5985891 Robinson-2104 SW 306th PI 14A LMH $10,000.00
2016 151 6006399 Kuykendall- 1645 5 272nd St. 14A LMH $1,260.48
2016 150 6005989 Phanivong-30118 11th PL S 14A LMH $13,320.95
2016 3 127 5985463 Hwang -30233 3rd Ct S 14A LMH $10,000.00
2016 3 145 5988321 Rettig- 29015 18th Ave S 14A LMH $1,708.20
2016 3 146 5988322 Dickson-35339 13th PI SW 14A LMH $6,866.87
14A
Matrix Code $48,490.25
2016 126 5988316 Housing Repair Admin Cost 14H LMH $7,465.69
2016 126 5988316 Housing Repair Admin Cost 14H LMH $16,271.77
2016 126 6005999 Housing Repair Admin Cost 14H LMH $9,465.12
2016 126 5988318 Housing Repair Admin Cost 14H LMH $591.84
2016 126 5988319 Housing Repair Admin Cost 14H LMH $415.00
2016 126 5934492 Housing Repair Admin Cost 14H LMH $5,029.91
2016 126 5988317 Housing Repair Admin Cost 14H LMH $170.73
14H
Matrix Code $39,410.06
2016 7 144 5994251 Code Enforcement 15 LMA $17,199.39
2016 7 144 6006312 Code Enforcement 15 LMA $7,974.04
2016 7 144 5978389 Code Enforcement 15 LMA $48,449.55
15 M5
Matrix Code $73,622.98
2013 10 63 5978389 Microenterprise Business Loans 18A LMJ $4,800.00
18A
Matrix Code $4,800.00
2016 142 6006312 Small Business Development Center 18C LMC $21,148.89
**Used
2016 142 Program Small Business Development Center 18C LMC $3,851.11
Income
2016 140 6006312 StartZone 18C LMC $62,000.00
18C
Matrix Code $87,000.00
Total $3,339,663.93
LINE 27 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27
Plan IDIS IDIS Voucher Matrix National
Year Project Activity Number Activity Name Code Objective
Drawn Amount
2016 6 135 5900394 Homeless Women's Shelter 5 LMC $9,606.00
2016 11 137 5900394 Rental Assistance 5 LMC $9,454.84
2016 6 135 5993422 Homeless Women's Shelter 5 LMC $2,854.00
2016 11 137 5993422 Rental Assistance 5 LMC $14,640.16
5
Matrix trix Code $36,555.00
2016 5 134 6006312 Services/Activities for Disabled Adults 05B LMC $9,078.00
2016 5 134 5993422 Services/Activities for Disabled Adults 05B LMC
$27,234.00
05B
Matrix Code $36,312.00
2016 8 138 6006312 Education&Employment Services 05H LMC $3,161.00
2016 9 136 6006312 Employment Services 05H LMC $2,626.50
2016 8 138 5993422 Education&Employment Services 05H LMC $9,483.00
2016 9 136 5993422 Employment Services 05H LMC $7,756.50
05H
Matrix Code $23,027.00
2016 10 139 6006312 Pediatric Interim Care 05M LMC $1,298.00
2016 10 139 5993422 Pediatric Interim Care 05M LMC $3,894.00
05M 05M
Matrix Code $5,192.00
Total $101,086.00
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37
Plan IDIS IDIS Voucher Matrix National
Year Project Activity Number Activity Name Code Objective
Drawn Amount
2016 4 143 5994251 Planning&Administration 21A $37,778.19
2016 4 143 6006312 Planning&Administration 21A $9,014.74
2016 4 143 5978389 Planning&Administration 21A $10,438.14
21A 2 aAtrix Code $57,231.07
Total $57,231.07
Attachment B
City Council Approval of
City of Federal Way 2016 CAPER
Attachment C
Affidavit of Publication
City of Federal Way
2p16 CAPER
Attachment D
Summary of Public Comments
Received on the
City of Federal Way
2016 CAPER
COUNCILMEETING DATE: March 21, 2017 ITEM #: / a ................. - ................... ........ .................... I ......................... . .......................... ........................................ ................................................ ................... ......................................... ..... .............................._ .......................................... ...............................__....._. ........._........._...........
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CONFIRMATION OF CITY ATTORNEY
POLICY QUESTION: Should the City Council confirm the Mayor's appointment of J. Ryan Call as the City
Attorney?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Steve
Options Considered:
Senior Advisor to the
DEPT: Mayor's Office
1. Confirm the appointment of J. Ryan Call as the City Attorney.
2. Do not confirm the appointment of J. Ryan Call as the City Attorney.
MAYOR'S RECOMMENDATION: Confirm the
ent of J. Ryan Call as the City Attorney.
MAYOR APPROVAL: N/A `f DIRECTOR APPROVAL:
Committee f Co cil
Initial /Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
N/A
Initial/Date
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to confirm the appointment of J. Ryan Call as the City Attorney"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 11/2016 RESOLUTION #
SUBJECT: CITY REBRANDING - COUNCIL RECONSIDERATION
POLICY QUESTION:
Should the City Council amend the previously adopted action taken on March 7, 2017 to replace the city logo?
COMMITTEE: MEETING DATE: 3/21/2017
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
X City Council Business ❑ Resolution Other
STAFF REPORT BY: Steve McNev Senior Advisor DEPT: Mayor's Office
Attachments: None
Options Considered:
Option 1: Amend the previously adopted action taken on March 7, 2017 to replace the city logo and keep the
current city logo with the slogan "Centered on Opportunity."
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A r DIRECTOR APPROV.
Committee -' Counc,
Initial/Date Initial/Date
Committee Chair Committee Member Committee Member
V/-"
PROPOSED COUNCIL MOTION: I move to amend the previously adopted City Council action to replace the
city logo and adopt option 1 presented today.
BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 15T reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2016 RESOLUTION #
COUNCIL MEETING DATE: March 21, 2017 ITEM #: 8a .................... ---- .................. ........................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: PROPOSED CHANGES TO THE SPEED LIMIT ORDINANCE - STATE ROUTES
POLICY QUESTION: Should City Council approve an ordinance adopting all posted speed limits on state routes
within City Limits, outside of limited access?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 6, 2017
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Erik Preston P.E., Senior Traffic Engineer DEPT: Public Works
Attachments: Land Use and Transportation Committee Memorandum dated March 6, 2017.
Options Considered:
1. Approve an ordinance amending Federal Way Revised Code (FWRC) 8.30, Speed Limits, that adopts
speed limits on state routes within City Limits, outside of limited access.
2. Do not approve an ordinance amending FWRC 8.30, Speed Limits, that adopts speed limits on state
routes within City Limits, outside of limited access and provide direction to staff.
...... ............................................................................................................................................................................................. _......................__.._._.
............................................................................................................................................................................................................................................................... ...............................
MAYOR'S RECOMMENDATION: Forward Option 1 to the March 21, 2017 City Council Ordinate Agenda
MAYOR APPROVAL: /�.Zy/ '� ft 7 (Z 2�!�/ � PIRECTOR APPROVAL: N:!l � 2123111
Initial /Date f° Initial /Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on March 21,
2017.
4V44-11 6-�-� 0�p- -9)a4�� 11-e--
.:', •''
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (MARCH 21, 2017): "1 move to forward approval of the ordinance to the March
21, 2017 Council Meeting for enactment. "
2ND READING OF ORDINANCE (APRIL 4,2017): "1 move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL
❑
ACTION:
APPROVED
y� I
COUNCIL BILL # �L
❑
DENIED
1sT reading
❑
TABLED /DEFERRED /NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 11/2016
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: March 6, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum P.E., Director of Public Works
Erik Preston P.E., Senior Traffic Engineer 1�
SUBJECT: Proposed Changes to the Speed Limit Ordinance — State Routes
BACKGROUND:
The Washington State Department of Transportation ( WSDOT) has requested that the City of Federal
Way adopt speed limits on all state routes (SR)'s not within limited access areas, within the City Limits
by ordinance; namely S 348`" Street (SR 18), Pacific Highway South (SR 99), Enchanted Parkway South
(SR 161), and South and Southwest Dash Point Road (SR 509) even though the Washington State
Transportation Commission has sole authority to determine the speed limit on state routes within City
Limits.
City staff has also coordinated with WSDOT in extending the 40 miles - per -hour (mph) posted speed limit
in two areas along Pacific Highway South. The transition in speed from 40 mph to 50 mph would move
southward from its current location at S 356th Street to S 359th Street, matching the extension of the urban
cross - section under construction as part of the SR 99 - Phase 5 project. The City would also move the
transition in speed from 40 mph to 45 mph from its current location 1,000 feet south of S 304'h Street
northward to S 304'h Street.
The City Council has authority to determine all speed limits in Federal Way, except on state highways
where the Washington State Transportation Commission has sole authority. Streets not explicitly defined
in the code default to the state maximum speed limit, which is 25 mph on city streets.
ANALYSIS CRITERIA
Adopting the posted speed limits of state routes as requested by WSDOT presents no additional risk to the
City above that which already exists in posting the state - adopted speed limits on state routes within the
City Limits. The State would still have sole authority and responsibility for the speed limits on state
routes within limited access; namely Interstate -5 and its ramps and most of SR 18 and its ramps.
CONCLUSIONS & RECOMMENDATIONS
City staff recommends adopting the posted speed limit on state routes within the City Limits outside of
limited access areas which include the small adjustments in the extent of the 40 mph speed zone on
Pacific Highway South (SR 99). A draft ordinance is attached.
cc: Project File
Day File
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
speed limits; amending FWRC 8.30.040. (Amending Ordinance Nos. 15-
807, 13-740, 10-675, 10-669, 10-668, 03 -449, 00 -364, 96 -259, 93 -177, and
90 -29)
WHEREAS, the state traffic laws regulating the speed of vehicles shall be applicable upon all
streets within the City, except that the legislative authority of the City, as authorized by state law,
may declare and determine by order, rule or regulation, properly adopted, that certain increased or
decreased speed regulations shall be applicable upon specified streets or in certain areas, in which
event it is unlawful for any person to operate a vehicle at a speed in excess of the speed so
established when proper signs are in place giving notice thereof; and
WHEREAS, whenever conditions are found to exist upon an arterial street or highway that
warrant an increase in the speed permitted by state law, the City Council, subject to the approval of
the Washington State Transportation Commission in cases involving state highways, shall determine
and declare a reasonable and safe maximum speed limit for such arterial street or highway, or portion
thereof, not to exceed 60 miles per hour; and
WHEREAS, whenever it is deemed inadvisable for vehicles to operate at the maximum speed
allowed by state law on any portion of a street or public highway on account of a sharp curvation,
highway construction or repairs, excessive traffic, any dangerous condition, or other temporary or
permanent cause, the City Council, subject to the approval of the Washington State Transportation
Commission in cases involving state highways, shall determine and fix a lower maximum speed or
otherwise regulate a lesser speed; provided, that in no case shall the maximum speed be reduced to
Ordinance No. 17- Page 1 of S
Rev 2/17
less than 20 miles per hour; and
WHEREAS, this ordinance is in the interest of the public health, safety and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 8.30.040 is hereby amended to read as follows:
8.30.040 Schedule.
The maximum speed limits set forth in the following schedule of speed limits are hereby
established as the reasonable and safe maximum speed limits to be effective at all times upon the
streets and highways designated in the schedule. The mayor shall cause appropriate signs to be
erected on such streets and highways, giving notice of the speed limits, as provided in this
chapter.
(1) Speed limit 20 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 20 mph:
All internal park roads.
18th Place South, between South 341 st Place and South 344th Street.
22nd Avenue Southwest, between Southwest 334th Street and cul -de -sac south of
Southwest 334th Street.
22nd Court Southwest, between Southwest 333rd Street and cul -de -sac north of Southwest
333rd Street.
22nd Place Southwest, between Southwest 333rd Street and Southwest 334th Street.
23rd Avenue Southwest, between Southwest 333rd Street and cul -de -sac south of Southwest
334th Street.
24th Avenue Southwest, between Southwest 333rd Street and cul -de -sac south of Southwest
334th Street.
25th Avenue Southwest, between Southwest 334th Street and cul -de -sac south of Southwest
334th Street.
26th Avenue Southwest, between 100 feet north of Southwest 333rd Street to end of road
south of Southwest 334th Street.
Southwest 333rd Street, between 22nd Place Southwest and 26th Avenue Southwest.
Southwest 334th Street, between 21 st Avenue Southwest and 26th Avenue Southwest.
(2) Speed limit 30 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 30 miles per hour:
9th Avenue South, between South 336th Street _and South 348th Street.
11th Place South, between South 320th Street and South 324th Street.
20th Avenue South, between South 312th Street and South 320th Street.
16th Avenue South, between South 356th Street and South 364th Way.
23rd Avenue South, between South 312th Street and South 324th Street.
Ordinance No. 17- Page 2 of 5
Rev 2/17
South 304th Street, between Pacific Highway South and Military Road South.
South 317th Street, between 23rd Avenue South and 28th Avenue South.
South 324th Street, between 11th Place South and 23rd Avenue South.
South 364th Way, between 12th Avenue South and 16th Avenue South.
Southwest 356th Street, between 20th Avenue Southwest and Pierce County.
Milton Road South, between Enchanted Parkway South and South 372nd Street.
South 372nd Street, between Milton Road South and Milton Road South.
Milton Road South, between South 372nd Street and South 376th Street.
(3) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 35 miles per hour:
Ist Avenue South, between South 296th Street and South 356th Street.
12th Avenue South, between South 372nd Way and South 364th Way.
16th Avenue South, between South Dash Point Road and Pacific Highway South, and
between Pacific Highway South and South 348th Street.
10th Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest.
21st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th Street.
28th Avenue South, between South 304th Street and South 317th Street.
South 288th Street, between Pacific Highway South and F.A.I. No. 5.
South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue
South.
South and Southwest 320th Street, between 1,000 feet west of 1st Avenue South and F.A.I.
No. 5 and between 21 st Avenue Southwest and 47th Avenue Southwest.
South 336th Street, between 1 st Way South and Weyerhaeuser Way South.
Southwest 336th Street, between 21 st Avenue Southwest and 26th Place Southwest.
Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest.
Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest.
South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of Weyerhaeuser
Way South.
Southwest 344th Street, between 21st Avenue Southwest and 35th Avenue Southwest.
South 348th Street, between 1 st Avenue and Pacific Highway South.
South 348th Street (State Route 18) between Pacific Highway South and 16th Avenue
South.
South 352nd Street, between Pacific Highway South and Enchanted Parkway South.
South 356th Street, between 1 st Avenue South and 16th Avenue South.
South 359th Street, between Pacific Highway South and 16th Avenue South.
South 373rd Street, between Pacific Highway South and South 372nd Way.
South 372nd Way, between 12th Avenue South and South 373rd Street.
Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County.
Redondo Way South, between South Dash Point Road and the South 284th Street (if
extended).
Southwest Campus Drive, between 1 st Avenue South and 21 st Avenue Southwest.
South Star Lake Road, between South 272nd Street and Military Road South.
Ordinance No. 17- Page 3 of 5
Rev 2/17
Weyerhaeuser Way South, between South 320th Street and South 349th Street.
Southwest Dash Point Road (State Route 509), between Pierce County and 21 st Avenue
SW.
(4) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 40 miles per hour:
South and Southwest 320th Street, between 21 st Avenue Southwest and 1,000 feet west of
1st Avenue South and between F.A.I. No. 5 and 1,000 feet east of Weyerhaeuser Way
South.
Southwest 356th Street, between 1 st Avenue South and 20th Avenue Southwest.
Enchanted Parkway South (State Route 161), between South 348th Street and Milton Road
South.
Military Road South, F.A.I. No. 5 at South Star Lake Road and F.A.I. No. 5 at South 307th
Street (if extended).
Pacific Highway South (State Route 99), between South 304th Street and South 359th
Street.
South and Southwest Dash Point Road (State Route 509), between 21 st Avenue SW and
Pacific Highway South.
(5) Speed limit 45 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 45 miles per hour:
Military Road South, between South 320th Street and State Route 18.
Pacific Hi hwav South (State Route 99), between South 272nd Street and South 304th
Street.
(6) Speed limit 50 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 50 miles per hour:
Pacific Highway South (State Route 99), between South 359th Street and Pierce County.
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.
Ordinance No. 17- Page 4 of S
Rev 2/17
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
CITY OF FEDERAL WAY:
MAYOR, JIM FERRELL
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.:
Ordinance No. 17-
Page 5 of 5
Rev 2/17
COUNCIL MEETING DATE: March 21, 2017 ITEM #: Sb
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: Amending FWRC 4.25.030 and adding a new Chapter 4.22 FWRC relating to
franchise and application requirements to allow service providers to utilize City right -of -way.
POLICY QUESTION: Should the City amend the FWRC to establish franchise and application requirements to
allow service providers to utilize City right -of -way?
COMMITTEE: LUTC MEETING DATE: March 6, 2017
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Mark Orthmann, Actin City torne DEPT: Law
.......................................................................................................................................................................... ...............�..............h ...... ...........................Y... ...................... ............................. ............................................................................................................................................. ................... --- ...................
Background: Chapter 35.99 RCW provides a mechanism for cities to review and approve franchise applications
for telecommunications service providers. Cities have broad existing authority to require a franchise for an entity
to utilize the right -of -way; however, Chapter 35.99 RCW states that the procedures for the approval of
telecommunications franchises and the requirements for complete franchise applications must be available in
written form. The City's franchise procedures and application requirements are not currently available in written
form and the proposed ordinance will bring the City into compliance with state law.
Attachment: Proposed Ordinance
Options Considered:
1. Amend the FWRC to establish franchise and application requirements.
2. Take no action and provide direction to staff.
MAYOR'S RECOMMEN
Ontion 1
&V14 7/ 17
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on March 21,
2017
n,-- An : " 0 5al,
•
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (MARCH 21): "I move to forward approval of the ordinance to the April 4
Council Meeting for enactment. "
2ND READING OF ORDINANCE (APRIL 4): "1 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
ACTION:
APPROVED El
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED /DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 11/2016
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
franchise and application requirements under Chapter 35.99 RCW for
service providers to utilize City right -of -way; amending FWRC 4.25.030;
and adding new Chapter 4.22. (Amending Ordinance Nos. 08 -578 and
90 -50)
WHEREAS, the City of Federal Way is the steward of the City's right -of -way within its
corporate limits and holds such right -of -way for its primary purpose of street and transportation uses
and for many secondary uses including the construction and maintenance of utility facilities; and
WHEREAS, Chapter 35.99 RCW requires the City to provide application requirements in
written form as well as the requirements for a complete application; and
WHEREAS, due to the changing technical environment, the amount of staff and consultant
time necessary to process such applications is difficult to determine; and
WHEREAS, RCW 35.21.860 authorizes the City to recover its administrative costs and fees
incurred in such processing; and
WHEREAS, the City Council deems it to be in the public interest to adopt requirements for
such applications.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 4.25.030 is hereby amended to read as follows:
4.25.030 Permit Required for Improvement or Use.
A city right -of -way shall not be privately improved or used unless a permit has been issued pursuant
to this Chapter. Applications seeking to utilize the right -of -way by a public utility or otherwise
qualified service provider for the delivery of services to the general public shall also comply with the
provisions of Chapter 4.22 FWRC. No development approval shall be issued which requires use of
Ordinance No. 17- Page I of 7
Rev 2/28/17
privately maintained city right -of -way unless a permit has been issued pursuant to this chapter. This
section shall not apply to driveway connections from private property to city right -of -way, utility
construction work otherwise authorized pursuant to Chapter 4.22 FWRC, rights -of -way activities or
general transportation and travel along the right -of -way.
Section 2. Title 4 of the Federal Way Revised Code is hereby amended to add a new Chapter
4.22 to read as follows:
Chapter 4.22
Franchise for Use of Right -of -Way
4.22.010 Franchise for Use of Right -of -Way.
Purpose. The City Council as steward of the City's right -of -way has the authority to authorize right-
of -way use by utilities and other entities seeking to serve the public if an agreement consistent with
state and federal law and the best interests of the City and it citizens can be reached. This chapter
establishes application requirements for a Franchise for the use of the right -of -way, provisions for fee
deposits, and requirements for determining the completeness of applications for a Franchise.
4.22.020 Definitions.
The following words and phrases shall have the meanings assigned for use in this chapter:
(1) Director. The Director is the City's Public Works Director or his/her designee.
(2) Franchise. A Franchise is the contractual authorization whereby a public utility or other qualified
service provider is granted permission to utilize the right -of -way in order to provide services to the
general public or to provide infrastructure for such a service provider. A Franchise is a Master Permit
within the meaning of RCW 35.99.010(3).
(3) Right -of -Way. Right -of -way means land acquired or dedicated for public roads and streets, but
does not include:
Ordinance No. 17- Page 2 of 7
Rev 2/28/17
(a) State highways;
(b) Road dedicated for roads, streets, and highways not opened and not improved for motor
vehicle use by the public;
(c) Structures including poles and conduits located within the right -of -way;
(d) Federally granted trust lands or forest board trust lands;
(e) Lands owned or managed by the state parks and recreation commission;
(f) Federally granted railroad rights -of -way acquired under 43 USC § 912 and related
provisions of federal law that are not open for vehicular use; or
(g) Leasehold or City owned property to which the City holds fee title or other title and which
is utilized for park, utility, or a governmental or proprietary use and not primarily for road, street, or
highway use.
(4) Right -of -Way Use Permit. A right -of -way use permit is an administrative permit issued to a
Franchisee pursuant to Chapter 4.25 Rights -of -Way to enter the right -of -way in order to exercise the
rights granted under a Franchise.
(5) Telecommunications facilities are those facilities defined in RCW 35.99.010(2) and utilized by a
provider in the provision of telecommunications service.
(6) Telecommunications service is defined as provided in RC W 35.99.010(7) as the same exists or is
hereafter amended.
4.22.03 Application; Contents.
The Director is authorized to establish an application form or forms appropriate for
telecommunications entities, public utilities, and other qualified service providers to apply for a
Franchise. The form shall contain at a minimum:
(1) Information identifying the applicant, its corporate or other organizational structure, and the agent
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or individual filling out the application.
(2) Property and facility information, including, but not limited to:
(a) The nature of the application as an application for a new Franchise, an application for
renewal or amendment, or an application for the transfer of a Franchise.
(b) A description of the specific services that the applicant expects to provide within the city
including whether the services will be provided to the general public, to commercial and/or
residential customers, or to other utilities and service providers.
(c) A general description of the facilities to be located in the right -of -way including, but not
limited to, wireline facilities, cable wireless, and telecommunications service facilities, conduits,
pipelines, and other facilities appropriate to the specific utility or service provider's utilization of the
right -of -way.
(d) Where appropriate, information relating to pole attachment or lease agreements with the
owners of other facilities located in the right -of -way.
(e) Any licenses, certificates, or authorizations required from the Federal Communications
Commission, the Washington Utilities and Transportation Commission, and any other federal or
state agency with jurisdiction over the proposed activities to be conducted in the right -of -way.
(f) Information relating to utility taxes including a description of the services provided and
any and all state and local taxes which may apply.
(g) The service area for which the Franchise is requested, including a map of the area to be
covered by the Franchise and specific locations of the initial build out and, if known, proposed future
build out locations including which proposed facilities will be underground, ground based, and/or
aerial.
(h) Upon request from the City, financial statements prepared in accordance with generally
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accepted accounting principles demonstrating the applicant's financial ability to construct, operate,
maintain, relocate, and remove its facilities. This provision shall not apply when prohibited by the
federal Telecommunications Act.
(i) A list of all cities or towns in which the applicant holds a franchise.
0) Such other information as the Director, in his/her discretion, shall deem appropriate.
4.22.040 Fee Deposit.
The Director shall establish a fee deposit based upon the nature of the facility. The fee deposit shall
generally be set at Five Thousand Dollars ($5,000) and may be increased or decreased at the
discretion of the Director based upon preliminary information provided by the applicant prior to or
contemporaneous with the filing of the application. The fee deposit shall be supplemented from time
to time when the actual administrative costs authorized for collection by the City from the applicant
pursuant to RC W 35.21.860 have been exceeded. Failure to make or supplement a deposit within ten
(10) business days of notification of the need to supplement shall suspend processing of any
application and toll any period established for review by this ordinance or state or federal law as an
incomplete application. Any unexpended portion of the deposit shall be returned to the applicant
when the application has been approved or denied.
4.22.050 Completeness; Review and Notification.
The Director shall review the application upon submittal. If the Director finds that any applicant has
failed to provide an application which reasonably fulfills the requirements of this ordinance and the
application form, and /or is not accompanied by the fee deposit established by the Director, the
Director shall, within twenty (20) business days of receipt of the application notify the applicant that
the application is incomplete. The notification shall generally outline the information which the
applicant has failed to provide or which must be supplemented in order to comply with the terms of
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this ordinance and the application form established by the Director. The time periods established in
Section 4.22.060 shall not commence until the City has received a completed application and fee
deposit and shall be tolled if the applicant fails to supply a supplemented fee deposit as provided
above.
4.22.060 Telecommunications Services; Time Period for Consideration.
(1) Applications for a Franchise for a telecommunications service shall be acted upon by the City
within one hundred twenty (120) days from the date the service provider files a complete application
and fee deposit with the City except:
(a) With the agreement of the applicant; or
(b) Where the Franchise requires action of the City Council and such action cannot
reasonably be obtained within the one hundred twenty (120) day period.
(2) The City shall act upon a request for a Right -of -Way Use Permit under Chapter 4.25 FWRC
within thirty (30) days of receipt of a complete application and permit fee, unless the applicant
consents to a different time period or the applicant has not obtained a Franchise from the City.
4.22.070 Written Agreement; No Construction Until Issued.
No authorization shall be deemed to have been approved or granted hereunder until the applicant and
the City have executed a written right -of -way use agreement consistent with the City Council's
authorization and no construction may begin without the issuance by the City of a use permit.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this chapter, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this chapter or
its application to any other person or situation. The City Council of the City of Federal Way hereby
declares that it would have adopted this chapter and each section, subsection, sentence, clauses,
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phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force 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
20
ATTEST:
CITY OF FEDERAL WAY:
MAYOR, JIM FERRELL
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.:
Ordinance No. 17-
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