The URL can be used to link to this page

Council Agenda PKT 09-05-2017 Regular 4416, CITY OF Federal Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA **AMENDED** Council Chambers - City Hall September 5, 2017 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Mayoral Proclamation: Mayors Day of Concern - September 16 ...page 5 b. Proclamation: National Recovery Month/September ...page 6 c. Proclamation: Constitution Week- September 17-23 ...page 7 d. Mayor's Emerging Issues and Report • Back-to-School Safety Reminders—Police Chief Hwang • Kitts Corner Homeless Encampment Clean-up • Report on Emergency Management/FEMA Training: Emmitsburg, MD—Emergency Manager Ray Gross • Report on Performing Arts & Event Center Ribbon Cutting Ceremony and Public Grand Opening (8/19) • Performing Arts&Event Center Grand Opening Gala Fundraiser—Sept 9—Executive Director Theresa Yvonne • Community Events: Lions Club Car Show(8/26); Movie at Town Square Park: Pete's Dragon (8/26); Valley Comm 40th Anniversary Celebration (8/30); Chick-fil-a Grand Opening; 25th Anniversary of Korean Community Quarterly Meeting (9/21) 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. 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. Ib iI a. Minutes: August 8, 2017 Special and Regular Meetings ...page 8 b. Demolition of Structures at 36818 8th Ave S — Bid Award ...page 19 c. Authorization to Apply for Department of Ecology Water Quality Capacity ...page 22 d. 2018 Asphalt Overlay Program — Preliminary Project List & Authorization to Bid ...page 24 6. COUNCIL BUSINESS a. Ratification of the Morgan Sound, Inc. Agreement for the Audio/Visual Communications Equipment for Performing Arts & Event Center ...page 31 b. Adoption of Violence Prevention Coalition Steering Committee Recommendations ...page 47 c. Establishment of City Council/School Board Co-Committee ...page 51 7. ORDINANCES a. Council Bill #737/Moratorium on the Expansion or Creation of Self-Storage Facilities within the City ...page 54 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, IMPOSING A 12—MONTH MORATORIUM ON THE EXPANSION OR CREATION OF SELF—SERVICE STORAGE FACILITIES, INCLUDING WITHOUT LIMITATION THE CITY'S ACCEPTANCE, PROCESSING, AND APPROVAL OF LAND USE AND BUILDING PERMIT APPLICATIONS IN THE NEIGHBORHOOD BUSINESS,COMMUNITY BUSINESS,AND COMMERCIAL ENTERPRISE ZONING DISTRICTS WITHIN THE CITY,SETTING FORTH PRELIMINARY SUPPORTIVE FINDINGS,AMENDING THE PLANNING COMMISSION WORK PROGRAM, SETTING A DATE FOR A PUBLIC HEARING, ESTABLISHING A WORK PLAN; DECLARING AN EMERGENCY,AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 8. COUNCIL REPORTS 9. 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 COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall September 5, 2017 – 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Mayoral Proclamation: Mayors Day of Concern – September 16 b. Proclamation: National Recovery Month/September c. Proclamation: Constitution Week – September 17-23 d. Mayor’s Emerging Issues and Report  Back-to-School Safety Reminders – Police Chief Hwang  Kitts Corner Homeless Encampment Clean-up  Report on Emergency Management/FEMA Training: Emmitsburg, MD – Emergency Manager Ray Gross  Report on Performing Arts & Event Center Ribbon Cutting Ceremony and Public Grand Opening (8/19)  Performing Arts & Event Center Grand Opening Gala Fundraiser – Sept 9 – Executive Director Theresa Yvonne  Community Events: Lions Club Car Show (8/26); Movie at Town Square Park: Pete’s th Dragon (8/26); Valley Comm 40 Anniversary Celebration (8/30); Chick-fil-a Grand th Opening; 25 Anniversary of Korean Community Quarterly Meeting (9/21) 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: August 8, 2017 Special and Regular Meetings …page 3 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. th b. Demolition of Structures at 36818 8 Ave S – Bid Award …page 14 c. Authorization to Apply for Department of Ecology Water Quality Capacity …page 17 d. 2018 Asphalt Overlay Program – Preliminary Project List & Authorization to Bid ...page 19 6. COUNCIL BUSINESS a. Ratification of the Morgan Sound, Inc. Agreement for the Audio/Visual Communications Equipment for Performing Arts & Event Center …page 26 b. Adoption of Violence Prevention Coalition Steering Committee Recommendations …page 42 c. Establishment of City Council/School Board Co-Committee …page 46 7. COUNCIL REPORTS 8. 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. Federal Way PROCLAMATION "Mayor's Day of Concern for the Hungry" September 16, 2017 WHEREAS, the City of Federal Way recognizes adequate nutrition as a basic goal for each citizen; and WHEREAS, it is our fundamental belief that no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and WHEREAS, the Multi- Service Center food bank, emergency and hot meal programs, local churches, social service agencies, and hundreds of volunteers are striving each day to stem the rising tide of hunger, but still need more help; and WHEREAS, many Federal Way residents have the ability to impact hunger in their community through donations of food; and WHEREAS, we will strive to raise awareness and encourage our citizens to donate food to the hungry as winter approaches and their resources must be stretched to cover increasing fuel, electricity and rental costs — leaving even less money for monthly food purchase; and WHEREAS, the Emergency Feeding Program of Seattle & King County coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger which will be held at grocery stores throughout King County on Saturday, September 16, 2017. NOW, THEREFORE, I, the undersigned Mayor of the City of Federal Way, do hereby proclaim September 16, 2017 as "Mayor's Day of Concern for the Hungry" in the City of Federal Way, and strongly urge all citizens to join the Emergency Feeding Program and the Multi- Service Center to nourish those who are hungry. SIGNED this 5th day of September 2017. City of Federal Way Mayor Jim Ferrell Ak, CITY OF b. Federal Way PROCLAMATION "National Recovery Month" - September 2017 Prevention Works—Treatment is Effective—People Recover WHEREAS, behavioral health is an essential part of health and one's overall wellness; and the prevention, treatment, and recovery of mental and/or substance use disorders are effective for those in our area and around the nation; and WHEREAS, preventing, along with o v ercomin g mental a nd/or substance use disorders, is essential to achieving healthy lifestyles,both physically and emotionally; and WHEREAS, we must encourage relatives and friends of individuals with mental and/or substance use disorders to implement preventive measures, recognize the signs of a problem and guide those in need to appropriate treatment and recovery support services; and WHEREAS, in 2015, 2.3 million eo le age 12 and older received specialty treatment for a P P g P y substance use disorder and 434 million adults age 18 and older have a type of mental illness, according to the 2015 National Survey on Drug Use and Health. Given the serious nature of this public health problem,we must continue to reach the millions more who need help;and WHEREAS, to help more people achieve and sustain long-term recovery, the United States Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the White House Office of National Drug Control Policy, and the City of Federal Way invite all residents to participate in"National Recovery Month;" and NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way do hereby proclaim September 2017 as `National Recovery Month" and call upon our community to observe this month with appropriate programs, activities,and ceremonies. SIGNED this 5th day of September, 2017 F S ERAL WAY MAYOR AND CITY COUNCIL Alr�I r Jim Ferrell,Mayor -an e Burbidge, Deputy Mayor a• , _0244,7/3C/N..-- !%/►' Ly Assefa-Dawson,[ounalmember Robert J.Celski,Councilmember S -an Honda,Councilmember Ma ppan , o cilmember Martin Moore,C iunalmember Dini Duclos,Councilmember CITY OF Federal Way _ e PROCLAMATION "Constitution Week" September 17—23, 2017 WHEREAS, September 17, 2017 marks the two hundred and thirtieth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law #915 signed by President Dwight D. Eisenhower in 1956 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th as Constitution Day; WHEREAS, celebrations are to emphasize citizens' responsibilities for protecting and defending the Constitution as we preserve it for posterity; to inform the people that the Constitution is the basis for America's great heritage and the foundation for our way of life; and to encourage the study of historical events which led to the framing of the Constitution in September 178 7. NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way do hereby proclaim September 17 - 23, 2017 to be "Constitution Week" in Federal Way, ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 and reflect on our heritage of freedom. SIGNED this 5th day of September 2017 EDERAL WAY MAYOR AND CITY COUNCIL Jim Ferrell Mayor Jeanne Burbid De a Ma Assefa-Dawso ouncdmember Robert J Ce/ski Councilmember 4 iy I Sus a, Councilmember rk Kop g, uncilmember Martin Moore, Councilmember Dini Duclos, Counci/member COUNCIL MEETING DATE: September 5, 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 August 8, 2017 Regular and Special City Council Meetings. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: Z Consent ❑ City Council Business ❑ Ordinance Resolution Public Hearing Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: DEPT: Mayor's Office Draft minutes for the August 8, 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: COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A N/A Committee Member Committee Member PROPOSED COUNCIL MOTION: `I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 12/2016 RESOLUTION # CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall August 8, 2017 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:03 p.m. RAFT City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. New Distracted Driving Legislation Briefing City Attorney Ryan Call and Traffic Lieutenant Schulz briefed Council on the new distracted driving legislation (Senate Bill 5289) which went into effect on July 23, 2017; which is stricter with more severe penalties than previous legislation. Traffic Lieutenant Schulz provided an overview of the new laws, indicating the use of any electronic device while operating a motor vehicle, which now includes when the vehicle is temporarily stopped. Dangerously distracted driving is considered a secondary portion of this law which makes applying make -up, reading, or drinking and committing a traffic infraction a violation. The penalties are $136 for a first offence, $234 for the second offence within five years, and $99 for the distracted driving portion. Additionally these violations can now be reported to insurance agencies. b. Certificate of Recognition: Adrion Workman Councilmember Celski introduced and presented Adrion Workman, an incoming Decatur Sophomore, with a Certificate of Recognition for earning a place on the United States Junior World Class Inline Speed Skating Team. He will be traveling to Nanjing, China in September and will represent the United States and Federal Way. Councilmember Celski congratulated Adrion and his family for this incredible achievement; he suggested anyone interested in assisting with the costs and support for this trip contact the family via the family's social media and GoFundMe pages. Federal Way City Council Regular Minutes Page 1 91.7 August 8, 2017 c. Mayor's Emerging Issues /Report: • "Centered on Global Opportunity" Economic Development Director Tim Johnson spoke regarding the relocation of DaVita and five hundred jobs to Federal Way. He also spoke about ongoing work to bring companies and jobs to the city; he presented an Economic Development recruitment video produced by the city with grant funding. The video is a broad overview of the many amenities and features which are attractive to businesses looking to locate in the Puget Sound Region. • Hotel Property Sale Completed City Attorney Ryan Call reported on the sale of a portion of the Town Center property which closed Monday, August 7; for the construction of a hotel to be built on the property by private investment. Mr. Call outlined the original configuration of lots and the new configuration which includes the Performing Arts and Event Center (PAEC), old Target Property, hotel property, and a portion designated as right - of -way for the grand staircase. This property was sold at a modest profit at $27 per square foot with considerable conditions placed on the future development. • Performing Arts & Event Center Ribbon - Cutting and Opening Gala Fundraiser Executive Director Theresa Yvonne extended an invitation to the community for the Ribbon Cutting Ceremony and Public Grand Opening of the Performing Arts and Event Center (PAEC) on Saturday, August 19 at 11:00 a.m. After the ribbon cutting there will be activities inside all day long including guided tours every thirty minutes and live entertainment ongoing throughout the day. Mayor Ferrell thanked and recognized Senator Mark Miloscia and former Representative Linda Kochmar for their work and support in Olympia which has benefited this project. • Federal Way Community Center — Cooling Center • Town Square Park Movie Night: August 26 at 8:00 p.m. "Pete's Dragon" Parks and Recreation Department Director John Hutton announced the second Town Square Park Movie Night is scheduled for August 26 at 8:00 p.m. "Pete's Dragon" will be showing with free popcorn provided. Mr. Hutton also shared the Federal Way Community Center (FWCC) is operating as a cooling center for those who do not have air conditioning. When temperatures are above 85 degrees individuals are invited to come into the public spaces and cool off. Mayor Ferrell reported the first movie night on Monday, July 29 was a great event with a large community showing for the movie "Sing ". • Community Events: Kiwanis Salmon Bake (7/28); National Night Out (8/1); International Friendship Day (8/6); Lions Club Car Show (8/26) Mayor Ferrell reported that the Kiwanis Salmon Bake at Steel Lake Park was a great event with over one thousand individuals in attendance. He spoke about National Night Out as a great experience and opportunity to come together as a community. International Friendship Day also took place at Town Square Park and more reports are to follow. He announced the upcoming Lions Club Car Show on Saturday, August 26. Federal Way City Council Regular Minutes Page 2 of 7 August 8, 2017 4. CITIZEN COMMENT Senator Mark Miloscia spoke against the location of a safe injection site in the city. He has been working on and studying the safe injection site issue and reported that he visited a similar site in Vancouver, British Columbia, and was horrified by what he saw. Mayor Ferrell noted the most recent version of the resolution has included the potential annexation /unincorporated areas as well not be considered for a safe injection site. Anthony Pagliocco spoke against the location of a safe injection site in the city. He asked Council to keep the residents safe by keeping these sites out of our community. He supports treatment for those addicted, but does not believe in enabling illegal drug use. Anna Patrick has lived in Federal Way for 20 years and is concerned about single family homes being converted into a vacation homes. She explained her concerns and suggested changes including limiting the number of occupants and cars; limiting the number of unrelated families; and having a rental registry. She expressed concerns regarding the influx of multi - family and affordable housing feeling that the balance has been lost. Lisa Tinsley spoke against the location of a safe injection site in the city and echoed the remarks of Senator Miloscia. She shared critics in Canada have indicated the safe injection sites do not address underlying issues. Len Englund lives in the potential annexation area (PAA) and spoke against the location of a safe injection site in the city. He feels safe injection sites do not help the addicted recover, but instead enable. He requested efforts be dedicated to intervention and recovery. Sue Petersen indicated the quality of life in Federal Way is threatened by the 1,300 flights which pass over the city on a daily basis. She shared a report of the effect of chemicals that rain down from these airplanes. She also spoke against the location of a safe injection site in the city. Mayor Ferrell provided an update of the Safe and Quiet Skies Coalition and shared that the fuel and fuel emissions are included in their research. Richard Pierson paraphrased the concomitant pre- annexation zoning agreement preface stating that the intent is to preserve the unique natural features of the site while maintaining the quality of the area. Karen Ostbye spoke against the location of a safe injection site in the city asking why we would encourage their habit and bring theft into the neighborhoods. She also stated the airplane noise is a nuisance. David W. Freeman proposed two economic stimulus ideas for Mayor and Council consideration. Dana Hollaway spoke against the location of a safe injection site in the city and in support of the proposed resolution. She stated that industrial use is not appropriate for the former Weyerhaeuser property. Additionally she asked for more activity from the city in response to the airplane noise. Jim Stiles spoke against the location of a safe injection site in the city, but stated the action at this meeting should be a ban rather than a resolution. He expressed that this is a powerful addiction but we need to stop enabling them to continue with what is causing their deaths. Federal Way City Council Regular Minutes Page 3 of 7 August 8, 2017 Mayor Ferrell indicated a resolution is sufficient due to the fact King County Council passed a resolution stating it will not locate a site in any community that does not want it. Jennifer Tankiewicz spoke against the location of a safe injection site in the city stating this is not a solution to help our children. She shared personal experience with her children's struggles with drug addiction. She proposes channeling the money to organizations that help them recover. Bob Woolley requested action in regards to his concerns about Lake Jeane, Twin Lakes, and Joe's Creek. He indicated he is still waiting for the comprehensive report from Senior Policy Yarden Weidenfeld. Mayor Ferrell indicated that Senior Policy Advisor Yarden Weidenfeld would have the report completed by August 17. Sandy Tankiewicz spoke against the location of a safe injection site in the city and shared her personal experience with her daughter battling a heroin addiction. She has been directed not to enable her child, but that is what the government is proposing to do. She asked for detox and treatment facilities instead. Gloria Larry raised concerns about corruption in city government and the police; specifically conflicts of interest and nepotism. Suzanne Vargo reiterated her comments from the Special Meeting regarding the location of a maintenance and operation yard for the Sound Transit Link Extension projects in connection with zoning and environmental impacts. Betty Taylor reported on the first annual National Night Out hosted at Town Square Park. She shared that it was a success with more than 300 people with every community was represented. She thanked those in attendance, the entertainers, and the sponsors. Julie Cleary spoke against the location of a safe injection site in the city. She announced that DaVita purchased some of the property from IRG (Industrial Realty Group) and paid for a zoning interpretation letter. She plans to do the same. Chloe Carvalho spoke against the location of a safe injection site in the city and the concept in general. She has personal experience and explained her reasoning. She stated that we cannot change addicts, they have to change themselves. 5. CONSENT AGENDA a. Minutes: July 18, 2017 Regular Meeting b. Monthly Financial Report — June 2017 c. Vouchers — June 2017 d. WiFi Lease — Federal Way Center Building e. Amendment to Printer /Copier Maintenance Contract f. City of Auburn — City of Federal Way Interlocal Agreement for Establishing and Maintaining Office Space for the Puget Sound Auto Theft Task -Force (PSATT) Federal Way City Council Regular Minutes Page 4 of 7 August 8, 2017 DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -F; COUNCILMEMBER MOORE 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 6. COUNCIL BUSINESS a. RESOLUTION: Opposition to the siting of Illegal Substance Injection Facilities within the City of Federal Way /APPROVED RESO #17 -724 City Attorney Ryan Call stated tonight's briefing is not a conversation regarding pros and cons of safe injection sites, but rather a review of the proposed resolution that has been prepared (and included in the council packet). He reviewed the language contained in the drafted resolution. When questioned, Mr. Call clarified that county does not have the authority to legalize heroin. COUNCILMEMBER MOORE MOVED APPROVAL OF THE RESOLUTION AS PROPOSED; COUNCILMEMBER CELSKI SECOND. Councilmember Moore thanked the citizens for their comments and both Councilmembers Celski and Koppang for their assistance. He is very passionate about recovery and finding workable solutions to reduce drug use and addition. His opposition is against these sites in general, but supports this resolution as a way to stand up for Federal Way. He also thanked Mayor Ferrell for his contribution and for adding the unincorporated areas to the scope of the resolution. Councilmember Celski thanked Councilmember Moore for including him in this process. He also thanked the citizens for speaking out and their stories. He feels this conversation is an extension of the advisory vote on marijuana in the community which is an indication that citizens want safety for their children and neighborhoods. Councilmember Assefa- Dawson acknowledged the efforts of the King County Health Board in regards to the public health perspective: the need for clean needles; reduction of disease transmittal; and as an entry into supportive services. The public safety aspect is that heroin is illegal and dangerous which trumps everything. She would like know what our city can do for those in immediate need as we need to be ready to serve those in need. Deputy Mayor Burbidge thanked the public for their testimonies this evening and underscored that the resources could be instead spent on additional treatments and programs. Councilmember Honda shared that she is an alternate member on the King County Board of Health and reviewed the process followed before this recommendation was approved. We have a public health crisis and it cannot be ignored; she does not support the sites and does not want the conversation to end tonight. Councilmember Koppang expressed his pride in people of Federal Way and noted this is a compassionate city. He thanked those who shared tonight and is excited at how the city comes together to address issues in our times of need. Councilmember Duclos shared that providing safe injection sites does not help the addicted, but rather tells them they are not worth saving. She also stated that she cannot support this as it is illegal Federal Way City Council Regular Minutes Page 5 of 7 August 8, 2017 and she has taken an oath to uphold the law. The main 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 7. COUNCIL REPORTS Councilmember Duclos announced the publication of her book and invited those who enjoy science fiction read it. Councilmember Moore thanked Council for their action tonight with the passage of the resolution. He expressed his pride in Federal Way and thanked the community for being passionate about important issues. Councilmember Koppang extended his appreciation to Mark Greene, Jack Stanford, and Sharry Edwards for their desire to serve the city and looks forward working with them in the future. He attended Friendship Day at Town Square Park and he looks forward to future annual celebrations. Councilmember Honda attended Kids Day at Steele Lake Park on August 2 and expressed her gratitude for the work staff put into the event. She shared the Desna Cup will take place August 19 -20 at Saghalie Park and the Rosebud Theater is presenting Beauty and the Beast at the Federal Way United Methodist Church. The 61st Annual Salmon Bake on July 28 was a success. She clarified that while she had requested a Study Session /Special Council Meeting at which King County Health Director Patty Hayes would present, she does not support injection sites. Councilmember Celski noted that it is fundraising season in Federal Way. He is proud of the organizations in Federal Way and for the generosity of individuals which allow them to thrive. He shared the Reach Out Federal Way fundraiser scheduled for September 19 at the Christian Faith Center and that Adrion Workman also has GoFundMe account. He announced the next Land Use and Transportation Committee (LUTC) Meeting is Monday, September 11 at 5:00 p.m. Councilmember Assefa- Dawson expressed gratitude for the conversation, both by Council and the citizens who attended the meeting. She attended the Regional Law Safety Justice Committee Meeting and learned from a panel discussion about youth and the criminal system. She encouraged people to attend Piano in the Park. She considered National Night Out a success; she particularly enjoyed the event hosted at Town Square Park. Deputy Mayor Burbidge announced the Lodging Tax Advisory Committee (LTAC) will meet August 9 at 10:00 a.m. at Pacific Bonsai Museum. This committee is focusing on hospitality training within the city and hosting the Special Olympics next year. Additionally they are working on an application for dive trials as well as their role through Tourism Enhancement Grant Program to financially assist events in the city such as the Densa Cup. She looks forward to the grand opening of the Performing Arts and Event Center (PAEC) with the community event on September 19. She shared her pride to be part of Federal Way which has a generous spirit Federal Way City Council Regular Minutes Page 6 of 7 August 8, 2017 8. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:45 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 August 8, 2017 CITY OF ti Federal Way CITY COUNCIL RAFT SPECIAL MEETING MINUTES Council Chambers - City Hall August 8, 2017 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:32 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, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION — SOUND TRANSIT TACOMA DOME LINK EXTENSION BRIEFING a. Staff Introduction Public Works Deputy Director EJ Walsh noted this briefing is to update the Council on the Sound Transit Tacoma Dome Link Extension which will connect Federal Way to Tacoma. b. Project Briefing Government & Community Relations Officer Chelsea Levy spoke about the new project which is in pre - planning phase. The proposal is for the light rail to leave the 320th Street Federal Way Station southbound towards a south Federal Way Station, continue on to a Fife Station, East Tacoma Station and terminate at the Tacoma Dome Station. No specific station locations or alignments have been selected. Ms. Levy noted the ST3 Federal Way Transit Center to Tacoma Dome project is approximately 9.7 miles with four stations and an anticipated 27 to 37 thousand daily riders. There will also need to be an operation and maintenance facility along the corridor, although no specific area has been identified. Previously identified properties were used to determine cost estimates for the ballot measure. South Corridor Project Development Director Karen Kitsis spoke regarding the total build out of the Federal Way City Council Special Minutes Page 1 of 3 August 8, 2017 entire light rail system which will eventually include 116 mile regional system with 37 stations to connect Everett to Tacoma; Redmond to Issaquah; and Ballard to West Seattle by 2040. She also reminded Council of the SubArea Equity Policy which outlines taxes collected in subareas are to fund projects in those areas only. Tacoma Dome Link Extension schedule includes: • Environmental Review and Preliminary Design 2017 -2022 • Final Design 2022 -2025 • Construction 2025 -2030 • Start of Revenue Service 2030 Ms. Kitsis reported Sound Transit is working on Consultant Procurement; followed by completing a partnering agreement in January 2018; and identifying a preferred alternative by summer 2019. In response to Council questions, she further explained the partnering agreement between jurisdictions and Sound Transit. The intent is to work collectively and bring a proposed agreement to Council in January for approval. Ms. Levy spoke regarding project development and congratulated the city and the south jurisdictions for setting the new standard for working collaboratively. By gaining consensus early in the process, a year has been shaved off the timeline. Councilmembers thanked Ms. Levy and Ms. Kitsis for their presentations. Additional questions were asked including the project crossing multiple subareas (for funding); alignment options; location of maintenance facilities; and what decisions are to be expected from the elected leadership group. Discussions also took place regarding the the alignment navigating the high voltage BPA powerlines. c. Citizen Comment Tracy Hills noted his preferred alignment (1 -5) for this project. Julie Cleary questioned the four identified properties for a potential maintenance and operation facility. She noted the properties which have currently been identified have zoning issues. Suzanne Vargo also spoke in concern over the location of a maintenance and operation yard for the Sound Transit Link Extension projects in connection with zoning and environmental impacts. Diana Noble - Gulliford is concerned over the alignment as the Zink continues through the city center and the potential effects on property owners and commercial businesses. She also asked for clarification between a suburban and an urban transit center. Ms. Levy also clarified the current Federal Way Extension project crosses S 320th Street and it completes near the Target parking lot. Councilmembers also suggested Sound Transit locating the maintenance and operation facility half way between Federal Way and DuPont for better long term access to future stations, or possibly closer to the King /Pierce County Line near Fife. d. Council Discussion /Questions Councilmember followed up with various questions for Ms. Levy and Ms. Kitsis. Federal Way City Council Special Minutes Page 2 of 3 August 8, 2017 4. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 6:31 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 3 of 3 August 8, 2017 COUNCIL MEETING DATE: September 5, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5b SUBJECT: DEMOLITION OF STRUCTURES AT 36818 8T" AVE S — BID AWARD POLICY QUESTION: Should City Council award the Demolition of Structures at 36818 8th Ave S Project to the lowest responsive, responsible bidder? COMMITTEE: Land. Use and Transportation MEETING DATE: August 7, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other t j Engineer .. .. STAFF REPORT BY: Toni Doucette, P.E. SWM Project DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated August 7, 2017. Options Considered: 1. Award the Demolition of Structures at 36818 8th Ave S Project to Woodland Industries General Contracting, Inc., the lowest responsive, responsible bidder, in the amount of $48,500.00 and approve a 10% contingency of $4,850.00, for a total amount of $53,350.00 and authorize the Mayor to execute the contract. 2. Reject all bids for the Demolition of Structures at 36818 8th Ave S Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 5, 2017 City Council consent agenda for approval. MAYOR APPROVAL: Initial/Date Initial/Date iIRECTOR APPROVAL: 2-)Di 1 COMMITTEE RECOMMENDATION: 1 move to forward Option 1 to the September 5` ", 2017 consent agenda for approval. ri_ /_/"..11 Committee Chair PROPOSED COUNCIL MOTION: "I move to authorize staff to Award the Demolition of Structures at 36818 8th Ave S Project to Woodland Industries General Contracting, Inc., the lowest responsive, responsible bidder, in the amount of $48,500.00 and approve a 10% contingency of $4,850.00, for a total amount of $53,350.00, and authorize the Mayor to execute the contract." Committe em ' er (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 7, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum, P.E., Director of Public Works FROM: Theresa Thurlow, P.E., Surface Water Manager Tony Doucette, P.E., Surface Water Management Project Engineer) SUBJECT: Demolition of Structures at 36818 8th Ave S — Bid Award BACKGROUND The City acquired the Larson - Justice property at 36818 8th Ave S in December, 2015 using Surface Water Management Capital funds for the purpose of open space conservation. The property is located in the Spring Valley along the North Fork of West Hylebos Creek with approximately 130 feet of the Creek crossing the property. This project will demolish all structures on site, decomission the septic tank, remove two underground fuel tanks and decomission a small well. On September 20, 2016, City Council directed staff to proceed with historical mitigation and authorized staff to bid the demolition following completion. Nine bids were received on July 13, 2017 for the Demolition of Structures at 36818 8th Ave S and are summarized on the attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Woodland Industries General Contracting, Inc. with a total bid of $48,500.00. PROJECT ESTIMATED EXPENDITURES Cultural Resources Survey and Historical Documentation Demolition Project Cost 10% Contingency Total Project Costs AVAILABLE FUNDING cc: Small CEP Projects 2017 Total Available Budget Project File Day File $21,968.55 $48,500.00 $4,850.00 $75,318.55 $150,000 $150,000 Demolition of Structures at 36818 8th Ave S Bid Opening Date July 13, 2017 ., m E N w Total II 00 0 00 VI 00 0n ni VI 00 0 of Vl 00 00 0i VI 00 0 .-i VI $ 35,000.00 $ 3,000.0011 00 0 .. VI 00 0 .. in $ 10,000.0011 S j n N N O O .0 Ly Unit Price O O 00 VI 0 O O VI N in 100'000'6 $ 1 $ 3,000.00 0 O O O .i in I$ 35,000.00 $ 3,000.00 $ 1,500.00 0005 $ I $ 10,000.001 Total T .0 ' 'CB Y O- L c O t Total O O Vi 1-1 in O O in 00 .. in $ 7,200.00 $ 3,000.00 O o VI $ 28,500.00 O O n .O . in O 0i 00 VI O o M VI O O o . ill $ 122,450.00 W 3 C C tO v Unit Price $ 15,500.001 0 O O Oin 0o in $ 7,200.00 $ 3,000.00 O O O ° u N $ 28,500.00 O O r--- ti VI $ 3,500.001 $ 125.00 1 O O °o ti in Total Aj -o m 0 U 7. 47. Total O N 1p N $ 4,510.00 o O V/ LO VI O o M oi VI $ 550.00 $ 33,000.00 $ 16,500.00 O o VI O O in VI $ 11,000.00 S N .O fti in 0 i Q O U Unit Price I $ 1,650.00 O in o in O In in in $ 3,300.00 O in In $ 33,000.00 $ 16,500001 o ° r in $ 550.00 0 o VI Total n IC 'O_ m y c TO C CU E C `O Iy 0 C M Total $ 6,250.00_1 O O O O .- VI O O O O ul in $ 5,000.00 O O VI N 00 VI O O O O V N N O O O O co .-I in O O in d .4 VI 00'000'9 $ O O O O O in N S O in en u1 00 VI Unit Price $ 6,250 00 $ 1,000.00 o O o in •■.n $ 5,000.00 $ 8,250.00 $ 24,000.00 O O 0 ti v, $ 1,450.00 $ 200.00 $ 10,000.00 Total D 14-11 O U m ; O U 1 Total O O 0 o in $ 2,800.00 $ 4,500.00 O O 0 Ln v V} $ 2,100.00 O O O v N $ 14,000.00 $ 4,000.00 o O W in O O 0 in S O n .. V. O 12 N OJ U di OD 'c � C Total I Unit Price O O O . in 0 0 o o ., VI $ 4,584.00 $ 2,800.00 O Oin V VI 0 m n v VI V $ 2,972.75 $ 4,500.00 0 O 0 0 N VI 0 o o °o i V $ 16,417.35 $ 14,000.00 $ 20,938.44 $ 14,000.00 0 O 0 a in 0 0 0 6 0 to $ 2,250.00 $ 195.00 0 O 0 O ti in 0 0 0 00 o V $ 69,570.44 Total II _ Y m u > J 00 00 W IUnit Price O O O in VI $ 4,584.00 Ol O V in VI $ 2,972.75 $ 5,000.00 M .. V .D . N $ 20,938.44 O O O .. VI 00.SL $ 00'000 "0T $ Total .. _._..:..- itin O a c O m E O 0 Total O O va CD VI $ 8,250 00 O O n N in $ 2,750.00 5 11,000.00 $ 17,600.00 $ 14,850.00 O O in in .4 N VI $ 11,000.00 $ 70,510.00 v CB U 0 OD C C C U c' Unit Price $ 660.00 o O in N 0o V/ $ 2,750.00 $ 2,750.00 $ 11,000.00 $ 17,600.00 0 O in o0 O VI 0 V/ VI $ 11,000.00 Total M It 13 ,7, m 'O c m U a ., 0 o u Total O O o m :. in O O Vi M in $ 11,182.58 $ 5,640.25 $ 1,429.82 in l0 n N n o $ 8,376.53 $ 1,739.62 $ 2,835.30 O O o o ., V/ ul 1, .o .o .o N E i 0 I c 0 j U R O Unit Price I 0 ° m .--i . in $ 3,375.00 $ 11,182.58 $ 5,640.25 $ 1,429.82 � ti n N o VI in m M W in CD m n .-i in in V/ $ 10,000.00 Total N 2C 00 _ J C. O_ Total 00 O o O Q in 00 O Obi N VI On VI o fvl VI n0 N .. i M VI O O n. O to VI $ 21,450.00 O O W O V) $ 770.00 O O LO rv1 / V 00.00011 $ $ 65,767.90 O 0 T in N Unit Price $ 4,400.00 O O 071 in N $ 3,005.201 $ 3,142.70 O O inn V) N $ 21,450.00 O O W O VI $ 770.00 O ., N -I VI [00 000"ii $ Total � 'O CO U 01 C i N C O V C i Total O O VY O O tel VI O O O VI $ 1,500.00 O O in N $ 13,500.00 O O . in O O in VF O O in n VT O O O in S C N p C in -o c U CO o 0 'D (0 O c 30 0 Unit Price O O N $ 2,500 001 o in 0 O -1 in o in in 0 0 in M in in 0 0 .O VI 0 0 . in $ 250.00 0 0 O in N Total CI .. in ., e-I .-, .. in in 0 .-I Total (Bid items include sales tan) H 2 J J J '1 S) fi J 1 Bid Item !Mobilization Asbestos abatement & proper disposal Decomission diesel fuel underground storage tank Decomission cooking oil underground storage tank Decomission private well Demolish house and cistern building Demolish barn, sheds and pump house IDecomission septic tank !Contaminated soil removal Unexpected site conditions R E.. N M V in CO N 00 O1 °O COUNCIL MEETING DATE: September 5, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUBJECT: AUTHORIZATION TO APPLY FOR DEPARTMENT OF ECOLOGY WATER QUALITY CAPACITY GRANT POLICY QUESTION: Should City Council authorize staff to apply for Department of Ecology Water Quality Capacity Grant? COMMITTEE: Land Use Transportation Committee MEETING DATE: August 7, 2017 CATEGORY: ® Consent ❑ City Council Business n Ordinance n Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, P.E. Surface Water Manager DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated August 7, 2017 Options Considered: 1. Authorize SWM staff to apply for Department of Ecology Water Quality Capacity Grant. 2. Do not authorize SWM staff to apply for Department of Ecology Water Quality Capacity Grant. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: ' , �% 4'7 '7 Com ittee ° ouncii Initial/Date Initial/Dat DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 5, 2017 consent agenda for approval. a "VA. VIA irig Committee Chair Comu(ii!fee Member 2 PROPOSED COUNCIL MOTION: "1 move to authorize SWM staff to apply for the Department of Ecology Water Quality Capacity Grant" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 7, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum ,P.E. Public Works Director FROM: EJ Walsh, P.E. Public Works Deputy Director ^� Theresa Thurlow, P.E Surface Water Manager J' SUBJECT: Authorization to apply for Department of Ecology Water Quality Capacity Grant BACKGROUND: It is anticipated Department of Ecology (Ecology) will announce availability of funding under the 2017- 2019 Water Quality Capacity Grant opportunity. This grant is available for use in National Pollutant Discharge Elimination System (NPDES) permit programs. The funding is targeted at providing capacity for jurisdictions to implement their permit requirements. Funding levels are not yet known, however there is no grant match required. It is anticipated the application cycle will open mid - August. (1c: Project File Day- File COUNCIL MEETING DATE: September 5, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5d SUBJECT: 2018 ASPHALT OVERLAY PROGRAM PRELIMINARY PROJECT LIST AND AUTHORIZATION TO BID POLICY QUESTION: Should the Council approve the 2018 Asphalt Overlay Program Preliminary Project List, and authorize staff to proceed with the design and bid of the proposed 2018 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 7, 2017 CATEGORY: • Consent n Ordinance ❑ City Council Business Resolution u Public Hearing Other STAFF REPORT BY: Jeff Huynh Street Systems Engineer 414 DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated September 5, 2017. Options Considered: 1. Approve the list of streets for the 2018 Asphalt Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2018 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2018 Asphalt Overlay Budget to the lowest responsive, responsible bidder. 2. Direct staff to modify the preliminary list and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 5 2017 City Council Consent Agenda for approval. MAYOR APPROVAL: Co ttee Initial/Date Co ncil Initial /Date JDIRECTOR APPROVAL: itiallDate 1 zslr7 COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the September 5, 2017 City Council consent agenda for approval. Bob elski, Chair PROPOSED COUNCIL MOTION: "I move to approve the list of streets for the 2018 Asphalt Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2018 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2018 Asphalt Overlay Budget to the lowest responsive, responsible bidder." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 7, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Dirgctor Jeff Huynh, Street Systems Engineer SUBJECT: 2018 Asphalt Overlay Program Preliminary Project List and Authorization to Bid BACKGROUND: Public Works staff has developed a list of recommended streets for the 2018 Asphalt Overlay Program. The total estimated budget for the program is $1,933,267 and is comprised of the following: • 2018 Proposed Overlay Budget $1,517,000 • 2018 Structures Budget $166,267 • 2017 Carry Forward (estimate) $250,000 TOTAL FUNDING AVAILABLE $1,933,267 The transfer of the $166,267 from the structures budget is for the City's annual Sidewalk Maintenance Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter, and sidewalks within the overlay project area. The following is a preliminary list of streets to be included in the 2018 Asphalt Overlay Program. The streets were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. SCHEDULE DESCRIPTION AMOUNT A S 312TH ST (Pacific Hwy S to 28th Ave S) $631,850 B 23RD AVE S (S 312th St to 19th PI S) $414,000 C SW CAMPUS DR (19th Ave SW to 7th Wy SW) $548,900 D SW CAMPUS DR (7th Wy SW to 1st Ave S) $590,000 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $2,184,750 5% Construction Contingency $109,238 Pavement Management System $0 In -house Design $60,000 Construction Administration $100,000 Printing and Advertising $4,000 ESTIMATED TOTAL PROGRAM COST: $2,457,988 The estimated cost of $2,457,988 is a preliminary figure used for estimating purposes only and includes construction administration, five percent construction contingency, in -house design and construction management, printing and advertising. The 2018 Asphalt Overlay Project will be awarded within the available overlay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipated date for advertising is January 2018, with construction beginning in April 2018. City of Federal Way 2018 ASPHALT OVERLAY PROJECT Map Date: August 2017 City of Federal Way 33325 8th Ave S Federal Way, Wa. 98003 (P) 253-835-7000 (W) www.cityoffederalway.com cITV or Federal Way • 11 :11 1 :e • - . 1 • I . ETSIPW DIRECTOR\OL Vicinity201$ mxd This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. N City of Federal Way 2018 ASPHALT OVERLAY PROJECT SCHEDULE A Map Date: August 2017 City of Federal Way 33325 8th Ave S Federal Way, Wa. 98003 (P) 253 - 835 -7000 (W) www.cityoffederalway.com Legend: A/7 L a L S 304TH ST O S 312TH ST S 320TH ST (ITV of Federal Way 1 V \MsAnns \ACAD\ )rawinns \Pl IRWKS \STRFFTS \PW fIRFCTOR10L2018 A 312th n This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. City of Federal Way 2018 ASPHALT OVERLAY PROJECT SCHEDULE B Map Date: August 2017 City of Federal Way 33325 8th Ave S Federal Way, Wa. 98003 (P) 253-835-7000 (W) www.cityoffederalway.com S 312TH ST S 316TH ST S 320TH ST Legend: 1 ,1 L: \MsA CITY Or '._. Federal Way s\AC -t i •: • $B 23rd mxd This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. City of Federal Way 2018 ASPHALT OVERLAY PROJECT SCHEDULE C Map Date: August 2017 City of Federal Way 33325 8th Ave S Federal Way, Wa. 98003 (P) 253-835-7000 (W) www.cityoffederalway.com w 1- cn N SW CAMPUS DR 19TH AVE SW Legend: C -) 0 CITY Of Federal Way u •.. • ID 1 _ WKS \STREETS \PW DIRECTOR \OL2018 C CAMPUS mxd This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. N City of Federal Way 2018 ASPHALT OVERLAY PROJECT SCHEDULE D Map Date: August 2017 City of Federal Way 33325 8th Ave S Federal Way, Wa. 98003 (P) 253 - 835 -7000 (W) www.cityoffederalway.com Legend: D �7 CITY OF Federal Way •VvlsAQOs\ACAD \Drawings \P U • CTOR\QL_2018 D CAMPUS.mxd_ This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. COUNCIL MEETING DATE: September 5, 2017 ITEM #: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RATIFICATION OF THE USE OF ADDITIONAL FUNDS INCLUDED IN THE MORGAN SOUND, INC. AGREEMENT FOR AUDIO VIDEO COMMUNICATIONS EQUIPMENT FOR THE PERFORMING ARTS & EVENT CENTER. POLICY QUESTION: Should City Council ratify the use of an additional $5,049.01 on audio video communications equipment for the Performing Arts & Event Center included in the Morgan Sound, Inc. agreement. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent • City Council Business n Ordinance ❑ Public Hearing n Resolution ❑ Other STAFF REPORT BY: Theresa Yvonne, PAEC Executive Director DEPT: PAEC Attachments: 1. Background memorandum to City Council. 2. Morgan Sound Agreement (AG 17 -111). 3. Audio video communication equipment supplier selection memorandum, dated May 22, 2017. Options Considered: 1. Ratify the use of additional funds. 2. Do not ratify the use of additional funds and provide direction to staff. MAYOR'S RECOMMENDATION: T ayor recommends Option 1. f..v MAYOR APPROVAL: e An,thlob1. • 91, Committee Council Initial/Date Initial/Date DIRECTOR APPROVA COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to rates the use of additional funds included in the Morgan Sound, Inc. agreement for the Performing Arts & Event Center audio video communications equipment." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Feiieral Way DATE: June 27, 2017 TO: City Council; VIA: Jim Ferrell, Mayor FROM: Theresa Yvonne, Executive Director SUBJECT: AMENDMENT 1 TO MORGAN SOUND INC. AUDIO VIDEO COMMUNICATIONS EQUIPMENT AGREEMENT BACKGROUND: The agreement for the Audio Video Communications Equipment with Morgan Sound has increased by $5,049.01 (4 %). The amount for the agreement has been revised accordingly and executed and will return to City Council for approval at an upcoming meeting. The equipment agreement was awarded to Morgan Sound in the amount of $115,516.47. The labor and installation fee were not included because the bid documents listed Garco, the construction contractor, as already under contract for installation of the projectors. Given the time constraints of installation with Garco, the projectors must arrive this week or the city will incur additional costs for installation. The fee to expedite the shipping of the projectors to Garco is $750.00. The remainder of the AV equipment will need to be installed by Morgan Sound. The misunderstanding during the quote process will increase the contract amount by $3,840.00 for labor making the total cost of the agreement with Morgan Sound $ 120,565.48, which still remains the lowest quote received. The PAEC is still within the allocated budget for the Furniture, Fixtures and Equipment. CITY Of Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cliwfteckvaMtly com GOODS AND SERVICES AGREEMENT FOR PAEC AUDIO VIDEO COMMUNICATIONS EQUIPMENT This Goods and Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and Morgan Sound, Inc. a Washington State Corporation ( "Contractor"). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: MORGAN SOUND, INC.: Stephen Weeks, Senior A/V Consultant 2004 196th St SW Lynnwood, WA 98036 (425) 344 -1452 (telephone) (425) 670 -1656 (facsimile) st- ihenw ' mor'ansound.com CITY OF FEDERAL WAY: Theresa Yvonne, Executive Director 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -2414 (telephone) (253) 835 -2409 (facsimile) Theresa. onne ?e offede 1 .co The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than August 1, 2017 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within Two (2) years after the City's final acceptance of the Work. The Contractor will activate all manufacturers' warranties in the name of the City, within one week of the date of acceptance. Contractor will provide two return visits following the system acceptance to fine tune or repair any items requested by the City: 30 -40 days following acceptance and one year following acceptance. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of GOODS AND SERVICES AGREEMENT - 1 - 3/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederelwsy com the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within fourteen (14) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction, including but not limited to, the use of temporary replacement components, additional City staffing or overtime, shipping, cancelled uses or performances. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `13," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other GOODS AND SERVICES AGREEMENT - 2 - 3/2017 CITY OF 4.4%.11% Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www city offederalway com sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. GOODS AND SERVICES AGREEMENT - 3 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835 -7000 www. uryoffede; ©lway com 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Lim ts. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. GOODS AND SERVICES AGREEMENT - 4 - 3/2017 CIrr OF Fe !aral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www atyofedarnMWy com 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence.. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/ ISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. GOODS AND SERVICES AGREEMENT - 5 - 3/2017 [*TY C 4 W%4'S‘ w • ^ Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 Ivww crtyolfeade a!wa' corn 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVLSIONS. 13,1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language m any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assi as ing party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of GOODS AND SERVICES AGREEMENT - 6 - 3/2017 4***** r c rat Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cayoffederahvay corn the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 3/2017 ik C2ZY ° f Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www crtyoffederaiwtry con, IN WITNESS, the Parties execute this Agreement below, effective the last date written below CITY OF FEDERAL WAY Printed Name: Charles Morgan Title: President DATE: (-7 STATE OF WASHINGTON ) ss COUNTY OF 46,terftire„likS‘) ATTEST, e Courtney. CMC tv Clerk APPROVED AS TO FORM: J. Ryan Call, City ttorney On this day personally appeared before me C.Nrc,zgOes, 140isn@pr., , to me known to be the of that executed the romping instrument, and acknowledged the said instrument to be the free and voluntai-■ act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation GIVEN rm hand and official seal this jajj ti. dav of :yore. Notary's signature Notary's printed nar GOODS AND SERVICES AGREEMENT - X - 4,4.* Ilkok zwila 2017. Notary Public in and for the State or ashington. My commission expires a lain 3/2017 CITY OF '•..... Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 w wwv ctryoffsderalway com EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the following: GENERAL: Ship and deliver new audio, video and communications equipment per COFW PAC A -V Options base bid quote. Expedite freight shipment or the projection systems included in the base bid. Install new audio, video and communications equipment per COFW PAC A -V Options base bid quote, except for the projectors. The work shall be completed by July 30, 2017. Provide and install all flat panel displays and configure for proper operation. Provide F to F cable, and setup displays to show the modulated QAM channels provided under the base scope. Install digital signage players at lobby displays, and coordinate configuration of the players with owner's forces. Provide effects speakers with manufacturer - supplied yoke bracket and two cast -iron c- clamps. Install the c- clamps on the yokes and install the yokes on the speakers. Deliver complete and ready -to -hang. On all loose cables, provide a color heatshrink label or engraved shell reading "Federal Way PAEC ", and an affixed Velcro cable tie. Color of heatshrink or connector boot shall determine length. Patchcords need not be labeled. Use the following color scheme: 10' or less: White 25': Orange 50': Green 100': Red Provide Video Projection Equipment: Main Theatre Provide a 13,000 -lumen laser- source projector with 3 -chip DLP imaging system. Provide proper zoom lens as needed to fill screen (screen provided in base scope). Meeting Rooms: Provide two 8,500 -lumen laser - source projectors with 1 -chip DLP imaging system. Provide proper zoom lenses as needed to fill screens (screen provided in base scope). GOODS AND SERVICES AGREEMENT - 9 3/2017 CITY dF Federal Way SUBMI'I-I`AL PROCEDURES: CITY HALL 33325 8th Avenue South Federal Way, WA 98 003 -6325 (253) 835 -7000 tom. crtyoffeddralway. corn All submittals shall be: Made in electronic format. Files shall be in .pdf format, and submitted via CD or DVD. Clearly indicate submittal number and description in the file name of the document. Each document shall be a separate file. Markups will be made electronically, and the submittal returned via CD or DVD. Submittals shall be made in a timely fashion so as to not affect the Project schedule, and shall allow for adequate time for review and resubmittal. Partial submittals will not be acceptable and will be returned without review. Submittals shall be reviewed and field dimensions verified prior to commencing acquisition for, and fabrication of the Work in this section. All services and parts of the work in this section shall be verified through the submittal process. Shop Drawings: Submit full -size (minimum 30" x 42 ") scaled shop drawings that show the following: Equipment rack and patchpanel drawings. Detailed equipment list, including quantity, manufacturer and model. Acceptance of any submitted data or shop drawings for material, equipment, apparatus, devices, arrangement and layout shall not relieve contractor from responsibility of furnishing same of proper dimensions and weight, capacities, sizes, quantity, and installation details to perform efficiently the requirements and intents of the systems design. Such acceptance shall not relieve the contractor from responsibility for error, omissions or inadequacies of any sort on submitted data or shop drawings. Product Data: Submit a detailed equipment list, including manufacturer, model number, description and quantity for each item. Do not submit equipment cut sheets, except for custom or non- standard devices. Record Documents: At time of final acceptance, submit regulatory listings and certifications as required by prevailing building codes. Submit copies of "as- builts" including: Equipment list, with manufacturer, model number, and serial number for all installed devices. Care and maintenance instructions, service line and online contacts. Warranty documents. QUALITY ASSURANCE: Equipment in this Section shall be provided by specialty subcontractors and manufacturers meeting the qualifications listed herein. GOODS AND SERVICES AGREEMENT - 10 - 3/2017 4'46,...„ CITY OF Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835 -7000 www c,tyotfaderaIway com Specialty subcontractor shall have been continuously engaged in the sales and integration of audio, video and communications equipment similar to that specified herein for a minimum of 10 years. Specialty subcontractors shall have at time of bid and continuously maintain throughout the project and warranty period a low voltage Specialty Contractor's license appropriate for the work in this Section. Specialty subcontractors shall employ field service technicians within a four hour driving distance from the Project site. All equipment shall be UL listed and bear the appropriate labels, DELIVERY, STORAGE AND IIANDLING Packing shall prevent damage to the equipment during transit. Costs to repair or replace all equipment damaged during the course of the contract services shall be borne by the Contractor. Do not deliver materials in this Section until building is ready for installation. Contractor is responsible to properly sequence the work and to protect from damage during delivery, handling, storage and installation. Contractor is responsible to coordinate and provide secure and protected storage as required for the execution of the contract. Devices shall not be delivered to the project site until the project is suitably clean and all adjacent finish work that may be painted or produce dust has been completed. The contract shall provide and maintain complete protection of all devices until the Project has been made available for occupancy by the City. The contractor shall thoroughly clean and remove any dirt or dust that infiltrates system components and be responsible for timely replacement of any damaged components. Device labels and connectors shall be delivered with temporary dust and paint protection installed. INSTALLATION- GENERAL: Coordinate with Division 26 - Electrical for the proper installation of the conduit, backboxes, and electrical service as specified herein. Coordinate scheduling and access with the Contractor and provide personnel lifts or ladders as required for access to the AV equipment. Insert operations and maintenance information into the Project record documents. Record Block Diagram: Post a laminated 11 x 17 as -built block diagram of the entire system (split into multiple sheets as necessary), and physically attached to the equipment rack in a logical location for City reference. PROTECTION OF PROPERTY: Contractor is responsible to provide protection for all equipment, tools and materials delivered to the Project Site prior to final acceptance by City. Any loss or damage is the responsibility of the contractor, until GOODS AND SERVICES AGREEMENT - 11 - 3/2017 cuof Federal Way final acceptance by City. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www c?tvoffederalwJy coin SEQUENCING: The Contractor shall not install any electronic equipment until the room where the equipment shall be located has been finally painted or otherwise finished, and cleaned by the Contractor or Owner's Representative. Any damage to equipment resulting from failure to follow this requirement will result in the Contractor replacing the damaged equipment at their cost. COMMISSIONING AND DEMONSTRATION: Coordinate with Division 26 - Electrical. Appropriately trained personnel shall review, test, program and otherwise complete the system, following completion of installation. Upon completion of the installation, the Contractor shall notify the Owner that the system is available for formal checkout. Notification shall be provided in writing. Checkouts shall be scheduled in accordance with the Owner's schedule. TRAINING: Training shall include, but not be limited to: Safety precautions. Identification of all elements provided under this section. Maintenance, diagnostics and trouble shooting. Operation of system, including necessary software training. Operations and maintenance manual orientation. Provide 8 hours of training, minimum, split over two consecutive days. GOODS AND SERVICES AGREEMENT - 12 - 3/2017 Aht. CITY Of EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwwcwftedoraiwaycom Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed One Hundred Nine Thousand Six Hundred Four and 98/100 Dollars ($109,604.98 ) and Washington State sales tax equal to Ten Thousand Nine Hundred Sixty and 50/100 ($10,960.50) for a total of One Hundred Twenty Thousand Five Hundred Sixty -Five and 48/100 Dollars ($1 20,565.48). GOODS AND SERVICES AGREEMENT - 13 - 3/2017 CITY OF Federal Way DATE: May 22, 2017 TO: Finance, Economic Development and Regional Affairs Committee VIA: Jim Ferrell, Mayor FROM: Theresa Yvonne, Executive Director( SUBJECT: Performing Arts & Event Center — Autho ization to award the agreement for Audio Video and communications equipment to Morgan Sound, Inc. BACKGROUND: The Performing Arts & Event Center is currently under construction and scheduled to open at the end of this summer in August 2017. A RFQ was issued May 8, 2017 for the Audio Video and communications equipment with a deadline of May 19, 2017. Two qualified quotes were received. Both companies are qualified to perform the work. Morgan Sound, Inc. is the lowest responsive, responsible quote for the project. The attached table provides the quotes proposed by each company. Bid for AV Equipment Delivery Dates: Company Company Morgan Sound JayMarc AV July 14, 2017 July 14, 2017 Responsiveness of the written yes yes proposal to the purpose and scope of service Price: TAX: Total: $115,516.47 $128,855.47 included $12,885.55 $115,516.47 $141,741.02 It is staff's recommendation to award the agreement to Morgan Sound, Inc. for the Audio Video and communications equipment for the Performing Arts & Event Center. COUNCIL MEETING DATE: September 5, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6b SUBJECT: Adoption of Violence Prevention Coalition Steering Committee Recommendations POLICY QUESTION: Should the City approve the adoption of all or a portion of the ten Violence Prevention Coalition Steering Committee recommendations. COMMITTEE: PRHSPS MEETING DATE: 8/23/17 CATEGORY: ❑ Consent ® City Council Business n Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Chair Mark Koppang DEPT: Background: The VPCSC submitted ten recommendations for City Council review and potential implementation. Attachments: Draft committee recommendation Options Considered: 1. Approve the draft document as written 2. Approve modified draft document 3. Take no action MAYOR'S RECOMMENDATION: MAYOR APPROVAL: DIRECTOR APPROVAL: am.., ommittee 44GA..1 y �'� at ' Initial/Date A- c 4111P 8 COMMI E RECOMMENDATION: I move to forward the proposed VPCSC recommendations to the September 5, 2017 business agenda for approval. Cot ncil Initial/Date V7 Initial/Date vorrnmittee Chair y Committee em r Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed VPCSC recommendations." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # A Path Forward to Implementation of the VPCSC Recommendations How We Got Here In May of 2016 Federal Way was rocked by three murders that occurred within 48 hours. With the understandable fear and outrage felt by the community, the need to do something to address violence in Federal Way became a high priority. Rather than being reactionary in their response and "just doing something /' the City Council and Mayor saw wisdom is utilizing the expertise that exists within the community to gain understanding of the underlying issues that led to the violence we experienced, with the aim of identifying sustainable long -term solutions. It was from this beginning that the Violence Prevention Coalition Steering Committee was formed. The formation of the Violence Prevention Coalition Steering Committee was unanimously approved by the Federal Way City Council. Based on Council approval, a call for volunteers to serve on the newly approved VPCSC was made by Mayor Jim Ferrell. Applications were accepted by the city, reviewed by the staff and Mayor, and appointments were made. The VPCSC was comprised of a diverse group of concerned individuals that live or work in Federal Way. They were joined by Federal Way Police Chief Andy Hwang, Federal Way School District Superintendent Dr. Tammy Campbell and Assistant Superintendent Dr. Dani Pfeiffer. The mission of the Steering Committee was to complete a comprehensive survey of the occurrences of violence within Federal Way to identify root causes. With the identification of root causes, the committee then discussed potential solutions as well as community partners that could aid in addressing the root causes of violence. The VPCSC completed their service to the City when they submitted their report detailing the nature of the challenge, how to approach it, and recommendations for council consideration and potential implementation. The Federal Way City Council and Mayor were pleased to receive the completed report in April of 2017 after seven months of dedicated work by the VPC Steering Committee. The Federal Way City Council and Mayor, along with the citizens of Federal Way, are indebted to the VPC Steering Committee volunteers for their committed and thoughtful service to the City and surrounding community. VPC Steering Committee Recommendations After extensive research, the VPC Steering Committee reached the conclusion that the majority of violence in our City occurred in the youth and young adult communities. Based on this, the VPCSC made the following recommendations to reduce violence: 1. Bystander awareness training. 2. Expansion of restorative justice practices. 3. Promotion of safe gun storage practices. 4. Expansion of youth mentorship programs. 5. Establishment of a one -stop resource center for at risk youth and young adults. 6. Establishment of after school programs. 7. Expanded social /emotional training for youth, young adults, and families. 8. Establishment of a program in Federal Way to address youth and young adult substance abuse. 9. Establishment of a youth employment program. 10. A city of Federal Way staff position to facilitate implementation of these recommendations. Next Steps With the completion of the VPC Steering Committee report the question they asked was "what's next ?" The first step was for the City Council Parks & Recreation, Human Services, and Public Safety Committee (PRHSPS) to review the recommendations. The Committee began its review in the May 2017 and completed it during the June 2017 meeting. The next step was for the PRHSPS committee to vote on forwarding all, or a portion, of the ten recommendations to the full council for further discussion and potential implementation. This vote was taken at the August 23, 2017 PRHSPS special meeting. Potential Implementation Path Based on the PRHSPS Committee evaluation and staff feedback, some, of the VPCSC recommendations could potentially be implemented by the City independently or are already in process of being implemented. It was also clear during this evaluation process that a portion of the VPCSC recommendations would require significant additional City resources and collaboration with community partners, the School District, King County and Washington State may also be necessary. Based on staff feedback and Committee review, the PRHSPS Committee concluded that the following recommendations could be, or are being, implemented without significant additional City resources being required: 1. Recommendation 1: Bystander Awareness. The "Green Dot" bystander awareness training provided by DAWN would provide valuable citizen awareness and would require minimal time, effort and resources from the city to implement. 2. Recommendation 2: Expansion of restorative justice practices. The City Municipal Court has taken great steps forward in implementation of restorative justice practices in their sentencing. 3. Recommendation 3: Promotion of safe gun storage and practices. The Police Department has identified retail partners in the city willing to offer gun safes at discounted rates and could launch an accompanying public service campaign. 4. Recommendation 4: Expansion of youth mentorship programs. Members of the City Staff have already demonstrated a commitment to mentor students, and the City could continue to encourage and support the volunteer mentorship efforts of the City staff, which are done on a voluntary basis. 5. Recommendation 6: Establishment of after - school programs. In collaboration with the School District, the Community Center Staff created an afterschool program at the Community Center for FWPS students. The program is scheduled to begin in September of 2017. The remainder of the VPCSC recommendations would require significantly more resources, time, and additional staff to implement. Collaboration with the School District and /or community partners would also be essential. They are as follows: 1. Recommendation 5: Establishment of a one -stop resource center. 2. Recommendation 7: Expanded social /emotional training. 3. Recommendation 8: Establishment of a program to address youth and young adult substance abuse. 4. Recommendation 9: Establishment of a youth employment program. 5. Recommendation 10: Additional City staff to support implementation of the VPCSC recommendations. COUNCIL MEETING DATE: September 5, 2017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Establishment of a City Council /School Board Co- committee POLICY QUESTION: Should the City Council authorize the Deputy Mayor to appoint Council Members to a negotiating team to negotiate an interlocal agreement, as authorized by RCW Chapter 39.34, with Federal Way Public Schools to form a collaborative City Council /School Board Co- committee to address shared issues such as those detailed in the Violence Prevention Coalition Steering Committee report, and to authorize staff to support the negotiating team in these negotiations? In negotiating the agreement, the negotiating team will be guided by the attached "Guidelines for the Establishment of a City Council /School Board Committee." COMMITTEE: PRHSPS MEETING DATE: 8/23/17 CATEGORY: ❑ Consent ® City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Chair Mark Koppang DEPT: N/A g................................................................................................................................................................................................................................................................... ............................._. Background: The VPCSC submitted ten recommendations for City Council review and potential implementation. Based on some recommendations exceeding the scope of City government to implement, should the City Council establish a formal collaborative body in partnership with the Federal Way Public School Board? Attachments: Guidelines for the Establishment of a City Council/School Board Co- committee Options Considered: 1. Authorize the negotiating team to negotiate an interlocal agreement guided by the draft Guidelines as written. 2. Amend the guidelines and authorize the negotiating team to negotiate an interlocal agreement guided by the amended Guidelines. 3. Take no action. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: ;✓+.vr� em Fe,..,re tl rrcl A.rtW obi C. - 115/17 Committee Initial/Date unci nitial/Date I • COMMITTEE RECOPIIENDATION: I move to forward the authorization to negotiate an interlocal agreement with the Federal Way Public Schools to the September 5, 2017 business agenda for approval. DIRECTOR APPROVAL: Itkv/p7 Initial/Date ittee Chair , Committees e .er Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the authorization to negotiate an interlocal agreement with the Federal Way Public Schools." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Establishment of a City Council School Board Co- committee Based on the review of the PRHSPS Committee review it is clear that not all of the recommendations made by the VPCSC can be implemented by the City alone. Understanding the importance of addressing the root causes of violence and the potential for a substantially better outcome by operating in partnership with the School District, the Parks & Recreation, Human Services, and Public Safety Committee proposes the formation of a City Council /School Board Co- committee. This Co- committee would make policy recommendations to their respective bodies based on their collaboration and would be comprised of three members from the City Council and two members from the School Board. Key points of consideration: 1. Any policy recommendations made by the Co- committee would be forwarded to the appropriate committee for each body for consideration and potential adoption by City Council and School Board. Approval by both bodies would be required for policy recommendations to be approved, and implementation would be determined by the Mayor, Superintendent and their staffs. 2. Membership appointments to this Committee would conform to the bylaws of the respective bodies. 3. The Chair and Vice -chair positions for the Co- committee would rotate annually between the City Council and School Board, with the appointed chair from each body filling these positions. 4. Agenda setting would include the designated lead staff members from the City and School District as well as the committee Chair and Vice -chair and would occur at least a week prior to the next scheduled meeting. 5. Assigned staff from both the City and School District would provide support for this Co- committee, with additional staff attendance requested on an as needed basis, based on the subject matter of each meeting. 6. Based on the recommended composition of three City Council members and two School Board members, passage of any measure would require unanimity by the School Board members and a majority of the Council members. 7. Meetings would occur at least quarterly unless additional meetings are agreed to. All meetings of the Co- committee would be public and attendance by additional members of the School Board and City Council would be welcome. 8. While initiated to coordinate implementation of the VPCSC recommendations, the scope of this Co- committee could be expanded to include other areas of opportunity for collaboration as opportunities arise. 9. The City Council /School Board Co- committee would have a twelve -month term starting in January and would automatically renew unless one or both bodies vote to disband. Conclusion Based on the learnings from the VPCSC report and the dynamic nature of change occurring within the City and School District, it is the opinion of the PRHSPS Committee that formal collaboration between the City Council and School Board would be beneficial. While the recommendations of the VPCSC served as a catalyst for consideration, the PRHSPS Committee believes formalized collaboration between the City Council and School Board will effectively supplement the working relationship that already exists between the Mayor and Superintendent and provide a public forum for collaborative discussion and development of the comprehensive holistic solutions required to address the issues and opportunities both the City and School District face. COUNCIL MEETING DATE: September 5,2017 ITEM#: 7a CITY OF FEDERAL WAY CITY COUNCIL **ADDED ITEM** AGENDA BILL SUBJECT: ORDINANCE:MORATORIUM ON THE EXPANSION OR CREATION OF SELF-SERVICE STORAGE FACILITIES WITHIN THE CITY. POLICY QUESTION: Should Council enact a 12-month moratorium on the expansion or creation of self-service storage facilities within the City? COMMITTEE:N/A MEETING DATE:N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Doc Hansen,Planning Manager DEPT: CD Attachments: Proposed Ordinance. Background: The Neighborhood Business ("BN"), Community Business ("BC"), and Commercial Enterprise ("CE") zoning districts allow the development and operation of self-service storage facilities. Due to an influx of self-service storage facilities that could triple the supply of self-service storage units in the City, the Community Development Department wishes to review self-service storage facility zoning and development regulations to determine whether the existing the code matches Council's vision for the City and is compatible with the Comprehensive Plan. If enacted, the attached proposed ordinance would prohibit the creation or expansion of self-service storage facilities in the BN, BC, and CE zoning districts for the duration of the moratorium. During the moratorium, the Planning Commission would be tasked with reviewing code amendments related to self-service storage facilities, and staff would take the steps to enact code amendments related to such developments. A public hearing would be scheduled for Council's regular meeting on October 17, 2017. ......................................................................................................................................................................................................................................................................................................................................................................................................................................... MAYOR'S RECOMMENDATION: Enact the pr s : : •d o s inance. MAYOR APPROVAL: N/A 9 11. DIRECTOR APPROVAL: / Committee Counci nitial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A PROPOSED COUNCIL MOTION: PT READING OF ORDINANCE AND ADOPTION (SEPTEMBER 5): "I move approval and adoption of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S 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# ORDINANCE NO. 17- AN ORDINANCE of the City of Federal Way,Washington,imposing a 12-month moratorium on the expansion or creation of self-service g storage facilities, including without limitation the City's acceptance, processing,and approval of land use and building permit applications in the Neighborhood Business, Community Business, and Commercial Enterprise zoning districts within the City, setting forth preliminary supportive findings, amending the Planning Commission Work Program, setting a date for a public hearing, establishing a work plan; declaring an emergency,and providing for an immediate effective date. WHEREAS, the Neighborhood Business ("BN"), Community Business ("BC"), and Commercial Enterprise("CE")zoning districts allow the development and operation of self-service storage facilities; and WHEREAS, applications for (and interest in) the development of self-service storage facilities within the past year would almost triple the number of existing self-storage units; and WHEREAS,Council desires to review the potential impact of this rapid influx of self-storage units upon the City of Federal Way, and to review the existing development regulations related to self-service storage facilities to determine whether current zoning and development regulations are adequate to implement the vision, goals, and policies within the adopted Comprehensive Plan; and WHEREAS,the City desires to maintain the status quo while these development regulations are reviewed; and WHEREAS,RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to adopt a moratorium for a period of up to 12 months without notice and public hearing provided that the City holds a public hearing within 60 days after the adoption of this Ordinance and establish a work plan for related studies; and Ordinance No. I7- Page 1 of 6 WHEREAS,the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, the desire to maintain the status quo and the potential adverse impacts on the public health,property, safety and welfare of the City and its citizens if this Ordinance does not take effect immediately,justify the declaration of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public property, or the public peace by the City Council; and WHEREAS,Council finds that the enactment of this Ordinance constitutes an emergency due to the need to immediately prevent the community detriment that would occur by allowing further self-service storage facility development proposals to vest under the current land use regulations;and WHEREAS,Council finds that conditions exist to warrant a finding of a state of emergency in order to have the moratorium take effect immediately upon a single reading and passage of this ordinance; and WHEREAS, RCW 35A.12.130 permits an ordinance to become effective immediately but requires that it must be passed by a majority plus one of the whole membership of the Council to have such an effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings of fact: (a) The forgoing whereas provisions are adopted as findings of fact. Ordinance No. 17- Page 2 of 6 (b) Federal Way Revised Code Section 19.05.190 sets forth the definition of a self- service storage facility. (c) The number of self-service storage units within the City of Federal Way currently equals 4,731 or 0.13 units per household. (d) Within the past year, applications for creation of new self-service storage facilities and pre-applications for development of self-service storage facilities have increased dramatically. (e) The number of self-service storage facility units could increase by close to two hundred percent (200%) to almost 14,000 units, or 0.37 units per household, based on the applications and pre-applications received by the City. (f) Such facilities may be providing service to non-residents who pay no charge to the City for provision of protective services. (g) The potential rapid establishment of such facilities may not fulfill the vision, goals, and policies of the Comprehensive Plan adopted by the City. (h) A moratorium is necessary to provide the City with sufficient time to review development regulations and design guidelines for self-service storage facilities to ensure that they meet the intent of the Comprehensive Plan. (i) A moratorium is necessary to preserve the status quo while the City reviews these regulations. Section 2.Moratorium Established.A temporary development moratorium is hereby imposed upon self-service storage facilities throughout the City's BN,BC, and CE zones.No expansion of a current self-service storage facility use or creation of a new self-service storage facility use shall be allowed in the BN, BC, and CE zones for the duration of this moratorium; however,nothing herein Ordinance No. 17- Page 3 of 6 shall be construed as applying to or otherwise interfering with, in contravention of state law, any vested rights that have accrued from specific, complete project permit applications that were submitted to the City prior to the effective date of this moratorium. This moratorium also applies to the City's acceptance,processing,or approval of any applications for building permits and land use permits,including without limitation,development permits,special use permits,variances,and other development permits or approvals for self-service storage facilities in the BN, BC, and CE zones received after the effective date of this moratorium. Section 3. Duration of Moratorium. This moratorium shall be in effect for 12 months from the effective date of this ordinance. Section 4. Public Hearing.A public hearing for this moratorium will be held on October 17, 2017, at the regularly scheduled City Council Meeting. Section 5. Work Plan. Staff is directed to develop a work plan for studies related to this moratorium and potential amendments to the Federal Way Revised Code. Section 6.Planning Commission Work Program.The Planning Commission Work Program is amended to add code amendments related to self-service storage facilities within the BN,BC,and CE zones. Section 7. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence,paragraph, subdivision,section,or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance,shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Ordinance No. 17- Page 4 of 6 Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9.Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10.Effective Date. The Council finds that this moratorium is for a public emergency, necessary for the protection of public health,public safety,public property,or the public peace,and for the immediate support of City government,and is not subject to initiative or referendum pursuant to Chapter 1.30 FWRC. This ordinance shall take effect and be in full force immediately upon adoption. PASSED by the City Council of the City of Federal Way this day of , 20 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY Ordinance No. 17- Page 5 of 6 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 17- Page 6 of 6