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Council PKT 11-21-2017 RegularCITY OF � Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall November 21, 2017 - 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION - Outgoing Councilmember Bob Celski The City Council will take a brief recess for a reception to honor Councilmember Celski. 4. PRESENTATIONS a. Swearing -In Ceremony of Three (3) New Police Officers b. Certificate of Appointment — Human Services Commission c. Mayor's Emerging Issues and Report • Community Holiday Tree Lighting at Town Square Park on December 2 (4:00 p.m.) — Parks Director John Hutton • City Council Meeting Schedule — Cancelation of December 19 meeting • Community Events: Olympic Diving Committee Reception — 2020 (11/8); FWCCN Souper Supper (11/9); Veterans Day Celebration (11/11) 5. 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. 6. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: November 7, 2017 Regular and Special Meetings ...page 3 b. Military Road S and S 298th Street Compact Roundabout Project - 30% Design Status Report ...page 12 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. c. SCATBd Agreement Renewal ...page 14 d. Acceptance of Water Quality Stormwater Capacity Grant ...page 23 e. RESOLUTION: Soundview Manor Final Plat ...page 25 f. Agreement between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement ...page 48 g. "On -Call" Electrical Services Bid ...page 65 h. Second Amendment to the Synergy Building Services, Inc. Agreement ...page 69 7. PUBLIC HEARING a. 2017/2018 Mid - Biennium Budget Adjustment and 2018 Property Tax Rate ...page 74 (continued from November 7, 2017 Regular Meeting as required by RCW 35A.34) • Staff Presentation: Ade Ariwoola, Finance Director • Citizen Comment — 3 minutes each • Council Discussion /Questions 8. COUNCIL BUSINESS a. Briefing regarding File No. 17- 100108 -00 AG: Wild Waves /Enchanted Parks amendment to development agreement ...page 76 b. Proposed Purchase of a portion of S 316th Street ...page 90 c. 2017 -2019 Transportation Demand Management Implementation Agreement ...page 109 d. 2017 -2019 Commute Trip Reduction (CTR) Program Implementation Agreement with King County ...page 124 9. ORDINANCES First Reading a. Council Bill #729: 2017/2018 Mid - Biennial Budget Amendment ...page 140 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE 2017 -2018 BIENNIAL BUDGET (AMENDING ORDINANCE NO. 16 -826). b. Council Bill #730: Setting the Property Tax Rate for 2018 ...page 146 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2018. 10. COUNCIL REPORTS 11. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. COUNCIL MEETING DATE: November 21, 2017 ITEM #: U. 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 November 7, 2017 Regular and Special City Council Meetings. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution n Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: DEPT: Mayor's Office Draft minutes for the November 7, 2017 Regular and Special City Council Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A Committee Council Initial /Date Initial/Date CITY CLERK APPROVAL: I/Date 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'(ordrnances only) ORDINANCE # REVISED— 12/2016 RESOLUTION # 44k, CITY OF ...,4N„ Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall November 7, 2017— 6:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:04 p.m. City officials in attendance: MayorJim 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 StephanieCourtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Arts Alive Presentation Arts Commission Chair Daniel Hershman updated Council on the Juried Art Show which runs September 13 through January 2. This year's show included 23 artists and 42 pieces of artwork competing for three awards. He announced and congratulated the following: People's Choice Award ($100) — Mr. Doug Early "Reflections ", Commission's Choice ($150) — Ms. Anita Corby "A Boy and His Pal "; and Juror's Choice ($200 and a one - person exhibit in 2018) — Ms. Kathy Gidley Newby "White Knight ". Commissioner Hershmann thanked all of the artists who participated in the show this year. b. Proclamation: USA Diving Day— November 8 Deputy Mayor Burbidge read and presented the proclamation to Economic Development Director Tim Johnson. He thanked the Mayor and Council and noted the Olympic Committee would be in town November 9 to tour the facilities. The Olympic Dive Trails are a large national event for the city and the region. Mr. Johnson ran a short video the city put together to showcase Federal Way. The Mayor and Council thanked Mr. Johnson for all his hard work and agreed the city is very Federal Way City Council Regular Minutes Page 1 of 6 November 7, 2017 excited to be in the running to host these events as done in the past. c. Certificate of Appointment — Youth Commission Councilmember Koppang read the certificate of appointment for Justin Filfred, who was appointed to the Youth Commission. Mr. Filfred was not in attendance; his certificate will be provided via the mail. d. Certificate of Appointment— Ethics Board Deputy Mayor read and presented the certificate of appointment to Tony Pagliocco. Mr. Pagliocco thanked the council for this honor and looks forward to working hard for the city in this capacity. e. Certificate of Appointment— Planning Commission Councilmember Celski read and presented the certificate of appointment to Lawson Bronson who has been appointed to serve another term on the Planning Commission. Councilmember Celski thanked Mr. Bronson for his hard work over the years.Mr. Bronson thanked the Mayor and Council for allowing him to continue to serve on the commission; he appreciates the opportunity. f. Mayor's Emerging Issues and Report Mayor Ferrell reported on multiple events in the community including the the Veterans celebration this Saturday at Todd Beamer High School which begins at 3:00 p.m.; the State of Education Address was held on November 1; Dr. Campbell did phenomenal job with the presentation of "Great Schools Mean a Great City'. He also noted upcoming events such as the Federal Way Caregiving Networks " Souper Supper" at Christian Faith Center on November 9; and the Annual Community Holiday Tree Lighting celebration at Town Square Park on Saturday, December 2 at 4:00 p.m. Parks Department staff are currently working to install 20,000 lights on the living Christmas tree. 4. CITIZEN COMMENT Bob Woolley stated that he is leaving the Lake Jeane issue in the hands of City Council after the work process he and Policy Advisor Yarden Weidenfeld have completed. He asked the Mayor and Council to read his article which will be published in the Federal Way Mirror. Peter Zimmerman, caretaker for Camp Kilworth for the last three years, shared that without power the buildings at Camp Kilworth will be overtaken by mold and moisture. He indicated this ongoing situation is breeding mistrust as he believes there is a conflict of interest. TaShawna Nash, spoke on behalf of the Save Weyerhaeuser Campus, reviewed the five concerns expressed in a letter addressed to Community Development Director Brian Davis and staff dated September 2017. These concerns are the environment, traffic, comprehensive plans, buffers, and historic preservation at Weyerhaeuser Campus. Dana Holloway expressed disappointment in how the Industrial Realty Group (IRG) application process has been handled on the former Weyerhaeuser property. She requested the required Federal Way City Council Regular Minutes Page 2 of 6 November 7, 2017 level of care and diligence be applied before making decisions which will so greatly affect the City of Federal Way. Jean Parietti shared a letter from the State Architectural Historian with his determination that the Weyerhaeuser Campus would be eligible for National Register of Historic Places. Community Development Director Brian Davis confirmed a copy had been received and explained that while it may be eligible for historic preservation, the letter also indicated the consent of the property owner would also be required. Betty Taylor commented on the former - Weyerhaeuser Property indicating that she understands and stands behind its preservation. 5. CONSENT AGENDA a. Minutes: October 17, 2017 Regular and Special Meetings b. Monthly Financial Report— September 2017 c. Vouchers — September 2017 d. Port of Seattle "Century Agenda" Grant for Economic Development Partnership Program e. Resolution: Proposed Revolving Inter -Fund Loan for Transportation Capital Project Fund /Approved Resolution #17 -728 f. Goods and Services Agreement for Printer Maintenance DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A THROUGH F, AS PRESENTED; 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. PUBLIC HEARING Mayor Ferrell opened the public hearing at6:43 p.m. a. 2017/2018 Mid - Biennium Budget Adjustment and 2018 Property Tax Rate(as required by RCW 35A.34) • Staff Report Finance Director Ade Ariwoola gave a brief presentation to the City Council regarding the 2017/2018 Mid - Biennium Budget Adjustment and 2018 Property Tax Rate. He noted the 2018 budget was approved last year and the hearing tonight is to receive public comments on the tax levy which will fund the approved budget. Mr. Ariwoola stated RCW 84.55.0101 outlines authorization for taxing districts to use 101% or less. The proposed ordinance includes a levy amount Tess than the rate of inflation which is 1.553 %. The 2017 property tax breakdown includes the city receiving 8.12¢ of every dollar Federal Way City Council Regular Minutes Page 3 of 6 November 7, 20/7 collected. This compares to the other allocations including: • School district (45.35¢) • State receives (14.59¢) • Fire /EMS receives (15.04¢) • County receives (9.93¢), and • Other Agencies (6.97¢). He reiterated Federal Way's property tax rate has been consistently the lowest for the last ten (10) years when compared to neighboring jurisdictions (Kent, Auburn, Burien, Renton, Seattle, and SeaTac). • Citizen Comment Letter read into the record by Roger Flygare in requesting the Transportation Benefit District Fee be removed from the budget and be considered at a later date. Finance Director Ade Ariwoola indicated that the change is already reflected in the document for City Council consideration. Dana Holloway thanked the City Council for removing the Transportation Benefit District Fee. • Council Discussion Councilmembers thanked Mr. Ariwoola for his thorough presentation this evening and asked various clarifying questions regarding property valuation; future planning and possible ideas for the city to catch up to the standard of neighboring cities. COUNCILMEMBER DUCLOS MOVED TO CONTINUE THE PUBLIC HEARING ON THE PROPOSED 2017/2018 MID - BIENNIUM BUDGET ADJUSTMENT AND 2018 PROPERTY TAX RATE TO THE NOVEMBER 21, 2017 MEETING; COUNCILMEMBER ASSEFA - DAWSON 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 7. COUNCIL BUSINESS a. 2016 Popular Annual Financial Report (PAFR) Finance Director Ade Ariwoola gave a brief report on the 2016 Popular Annual Financial Report (PAFR) which was presented at the most recent Finance, Economic Development, and Regional Affairs Committee Meeting. He highlighted key information which is captured in the PAFR including Median Household Income for 2016; ratio of Police Officers to every 1,000 resident; and sales tax distribution. b. Report on Performing Arts & Event Center Capital Budget Finance Director Ade Ariwoola gave a brief report on the Performing Arts & Event Center Capital Budget which was presented at the most recent Finance, Economic Development, Regional Federal Way City Council Regular Minutes Page 4 of 6 November 7, 2017 Affairs Committee Meeting. Included was a detail of the funding sources; the interfund loan; naming rights; and spending reports. c. Human Services Commission Appointment COUNCILMEMBER KOPPANG MOVED TO APPOINT SOFIA MAYO TO FILL THE VACANT VOTING POSITION ON THE HUMAN SERVICES COMMISSION WITH A TERM EXPIRING JANUARY31, 2019; 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 d. Cancellation of December 19, 2017 Regular City Council Meeting Mayor Ferrell stated historically the second meeting in December has been cancelled to allow for holiday travel and vacation time for staff and Councilmembers. DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULE 2.1(1) AND TO CANCEL THE DECEMBER 19, 2017 REGULAR CITY COUNCIL MEETING; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 8. ORDINANCES Second Reading a. Council Bill #728/Target Property Bond Refinance Ordinance /Approved Ordinance #17 -839 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF A LIMITED TAX GENERAL OBLIGATION BOND IN THE PRINCIPAL AMOUNT NOT TO EXCEED $6,400,000 TO BE USED TO REPAY THE CITY'S LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION NOTE, 2014; FIXING OR SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BOND; APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE OF THE BOND; AND PROVIDING FOR OTHER RELATED MATTERS. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE ORDINANCE AS PROPOSED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follow: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes Federal Way City Council Regular Minutes Page 5 of 6 November 7, 2017 9. COUNCIL REPORTS CouncilmemberAssefa - Dawson reported that the We Scare Hunger Event held on October 31 collected 920 pounds of food for the local foodbank. Councilmember Celski shared the Multi- Service Center Helps Luncheon successfully raised $44,000. He thanked the Federal Way Community Center for the great Trick -or -Treat Festival which was well attended and thoroughly enjoyed. Councilmember Honda announced the Veterans Day Event being held November 11 at Todd Beamer High School. This event is being sponsored by both the Federal Way Historical Society and the Kiwanis Club and will honor all veterans. Councilmember Koppang reminded those in attendance that a finding of the Violence and Prevention Steering Committee is that good work has been ongoing within the city. He highlighted the work of the Boys and Girls Club and shared his experience as the board interviewed candidates for Youth of the Year. Councilmember Moore thanked everyone for their public service and commitment to the city. Councilmember Duclos expressed excitement for the mini - murals project and the affect this art has in the city. She noted she has not seen it elsewhere. Deputy Mayor Burbidge announced the next Lodging Tax Advisory Committee meeting as well as city -wide cultural events. 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 7:25 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 November 7, 2017 Federal Way CITY COUNCIL SPECIAL MEETING /STUDY SESSION MINUTES Council Chambers - City Hall November 7, 2017— 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at5:02 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 Cork Stephanie Courtney. Mayor Ferrell led the flag salute. 2. STUDY SESSION a. 2017/2018 Mid - Biennial Budget Adjustment & 2018 Property Tax Rate • Staff Presentation Finance Director Ade Ariwoola gave a presentation to Council regarding the 2017 Budget Adjustment. He included information on the Carry Forward (Fund balance) of $13.21m; new expenditures $18.44m; and new revenue $11.41m. Mr. Ariwoola reported the total of the new revenue is $11,413,462 bringing the total revenue to $145,920,380. Total spending is $161,916,260 which includes the unspent amount from 2016 and the new revenue from 2017. He reviewed details on adjustment for the following funds: • General Fund • Street Fund • Utility Tax Fund • Federal Way Community Center fund • Traffic Safety Fund • Real Estate Excise Tax (REET) Fund • Performing Arts and Event Center (PAEC) operating fund • Transportation Benefit District Fund (this fund has a zero balance, as this program was not implemented in 2017 as projected) Federal Way City Council Special Minutes Page 1 of 2 November 7, 2017 • Downtown Redevelopment Fund, and • Transportation Capital Improvement Fund. In conclusion Mr. Ariwoola stated the proposed changes are within the current approved fund balance policy. Staff will bring forth changes to the 2018 budget early next year, however the current proposed ending fund balance will fund part of 2018. • Citizen Comments Jim Stiles requested a specific budget line item and ongoing funding for the Utility Box Mini - mural Program (Traffic Graphics) run by the Arts Commission. His request is for $8,000 annually to allow for the transformation of four to five boxes per year. Suzanne Vargo questioned where the matched money for Forterra is located within the budget. Mayor Ferrell noted the city is waiting on word from the State Legislature due to the fact the capital budget which wasn't approved, included $1 million allocation for the Performing Arts and Event Center and $250,000 allocation for Forterra. Cheryl Hurst requested reduced rental fees at the Performing Arts and Event Center for Federal Way non - profit organizations, similar to what is provided at the Community Center. She would also like to see the city work with King County to have them contract Federal Way Police Officers to facilitate faster response times by police in unincorporated areas. • Council Discussion /Questions Councilmembers thanked Mr. Ariwoola for this budget presentation and asked various clarifying questions regarding the information covered. 3. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 5:50 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 November 7, 2017 COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MILITARY RD S / S 298TH STREET COMPACT ROUNDABOUT PROJECT — 30% DESIGN STATUS REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the Military Rd S / S 298th Street Compact Roundabout Project and return to the LUTC and Council at the 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 6, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston, P.E., Senior Traffic Engineer 4"i DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 6, 2017. Options Considered: 1. Authorize staff to proceed with design of the Military Rd S / S 298th Street Compact Roundabout Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Novembe Council Consent Agenda for approval. MAYOR APPROVAL: ommitt e Initial /Date ouncil Initial /Date / DIRECTOR APPROVAL: 77 21, 2017 City COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 21, 2017 consent agenda for approval. �r 1 4.� nwre �i. �!.j.% Committee Chair Committe Mefiber Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the Military Rd S / S 298`h Street Compact Roundabout Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization." (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: November 6, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Directo Erik Preston, P.E., Senior Traffic Engineer SUBJECT: Military Rd S & S 298th St Compact Roundabout Project — 30% Design Status Report BACKGROUND: This Project will construct a compact roundabout at the intersection of Military Rd S at S 298th St. This project requires right -of -way acquisition from only one parcel. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • Topographical Survey and Utility Mapping • NEPA/SEPA Document Preparation and Submittal • Right of Way research and calculations • Project Design to 30% • Draft Traffic Analysis Report • Draft Illumination Design Report • Draft Surface Water Technical Memo Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Right of Way Plans and Acquisition PROJECT ESTIMATED EXPENDITURES: Consultant Design $122,011 Right of Way $50,000 Construction Cost $690,000 10% Construction Contingency $69,000 Construction Management (in house) $0 TOTAL PROJECT COSTS $931,011 AVAILABLE FUNDING: Budgeted City Funds $80,344 WSDOT Safety Grant $723,092 TOTAL AVAILABLE BUDGET $803,436 PROJECT BUDGET SHORTFALL: $127,575 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% design completion status report for further action. COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6c SUBJECT: SCATBD AGREEMENT RENEWAL POLICY QUESTION: Should the Council authorize the Mayor to execute the agreement to continue the City's participation on the South County Area Transportation Board? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 6, 2017 CATEGORY: ® Consent n Ordinance ❑ Public Hearing n City Council Business n Resolution ❑ Other STAFF REPORT BY: Rick Perez, P E , City Traffic Engineer Y/ DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 6, 2017. Options Considered: 1. Authorize the Mayor to execute the agreement to continue the City's participation on the South County Area Transportation Board. 2. Do not authorize the agreement and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Novemb r 21, 2017 City Council Consent Agend for approval. MAYOR APPROVAL: W '. /Or rf /� /f . — DIRECTOR APPROVAL: Committee Cou Initial/Date Initial/Date 411._ _ InitiaUDate COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the November 21, 2017 City Council consent agenda for approval. Committee Chair of . 1 — Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval for the Mayor to execute the agreement to continue the City's participation on the South County Area Transportation Board" (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: November 6, 2017 TO: Land Use / Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Director of Public Works Rick Perez, P.E., City Traffic Engineer SUBJECT: SCATBd Agreement Renewal BACKGROUND: The South County Area Transportation Board ( "SCATBd ") is a group representing agencies in and around the South King County subarea with responsibilities for all modes of transportation within the area. It serves as a forum to promote cooperation within the subarea and a lobbying force with county, regional, and state agencies on transportation issues and policies. King County and Sound Transit have specifically identified subareas in its transit policies, and SCATBd represents our subarea in those venues. The attached agreement is a minor update of past agreements, with the only change being the replacement of "intermodal" with "multimodal ". This agreement extends through 2020. cc: Project File Day File South County Area Transportation Board Agreement Parties to Agreement City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City of SeaTac City of Tukwila Muckleshoot Indian Tribe King County Transmitted to parties for approval and signature on THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called "Algona "; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND, hereafter called "Black Diamond "; the CITY OF BURIEN, hereafter called "Burien "; the CITY OF COVINGTON, hereafter called "Covington "; the CITY OF DES MOINES, hereafter called "Des Moines "; the CITY OF ENUMCLAW, hereafter called "Enumclaw "; the CITY OF FEDERAL WAY, hereafter called "Federal Way "; the CITY OF KENT, hereafter called "Kent "; the CITY OF MAPLE VALLEY, hereafter called "Maple Valley "; the CITY OF MILTON, hereafter called "Milton "; the CITY OF NORMANDY PARK, hereafter called "Normandy Park "; the CITY OF PACIFIC, hereafter called "Pacific"; the CITY OF RENTON, hereafter called "Renton "; the CITY OF SEATAC, hereafter called "SeaTac "; the CITY OF TUKWILA, hereafter called "Tukwila "; the MUCKLESHOOT INDIAN TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County" as members of the South County Area Transportation Board. WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board has served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the south King County area; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1 1.0 Purpose of this Agreement The purpose of this Agreement is to recognize the South County Area Transportation Board as the transportation board for the south King County area to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide, regional, state and federal transportation decisions. 2.0 Members and Voting Members shall have full voting rights, limited voting rights or shall be non - voting members, as follows: 2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement shall have full voting rights on all of the following issues before the South County Area Transportation Board, unless otherwise noted, including: 1. Administrative issues, such additional members and use of dues 2. Recommendations to Sound Transit on policies and capital and service plans and implementation. 3. Recommendations to King County on Metro Transit planning, development and implementation of products and services. 4. Identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. 5. Recommendations to WSDOT on policies, programs and projects. 6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 7. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 8. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation- related programs. 2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add members with limited voting rights on the issues such as those listed below by unanimous vote of the parties to this agreement in attendance at a regular meeting. 1. Recommendations to WSDOT on policies, programs and projects. 2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 3. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 4. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation- related programs. 2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by the South County Area Transportation Board. 2.3 Non - Voting Members: The South County Area Transportation Board may add non - voting members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The South County Area Transportation Board may remove non - voting members by a unanimous vote of the parties to the agreement at a regular meeting. 2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area Transportation Board. 2 3.0 Representation and Conduct 3.1 Representation of city and county members shall be as follows: Full Voting Members Number of Representatives City of Algona 1 City of Auburn 1 City of Black Diamond 1 City of Burien 1 City of Covington 1 City of Des Moines 1 City of Enumclaw 1 City of Federal Way 1 City of Kent 1 City of Maple Valley 1 City of Milton 1 City of Normandy Park 1 City of Pacific 1 City of Renton 1 City of SeaTac 1 City of Tukwila 1 Muckleshoot Indian Tribe 1 King County 3 3.2 Elected officials shall be appointed to the South County Area Transportation Board by their cities and counties for a one -year term. King County representation shall be a maximum of two Councilmembers and the King County Executive. 3.3 Each city or county participating member may appoint an alternate for a one -year term. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.0 Operating Procedures 4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited voting members and non - voting members, if any, dues for limited and non - voting members, if any, and operational issues such as election of officers, formation of subcommittees and rules of order. A chair and vice -chair shall be elected per the operating procedures and shall be responsible for setting meeting agenda, running meetings and any other activities identified in the operating procedures. 5.0 Lead Agency 5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through annual dues, and general administrative and program support for the South County Area Transportation Board. King County assumes wage and benefit costs of its staff performing Lead Agency responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole discretion, shall determine the level of staffing available based upon funding. 5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area Transportation Board membership rosters and distribution lists; arranging for Board meetings, including scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting summaries. 3 6.0 Financing and Cost Sharing Guidelines 6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of $100.00 per full voting representatives in annual dues to remain members in good standing. The Lead Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt of the invoice. Members not in good standing shall lose voting rights until the required dues are paid. Additional dues above $100.00, and any dues required by limited or non - voting members, will be determined by the South County Area Transportation Board as prescribed in the operating procedures. Revenue from dues shall be used for special events, public education, or other expenses authorized by the South County Area Transportation Board. The designated Lead Agency shall not be required to pay yearly dues. 6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by June 30 of each year whether additional annual dues above $100.00 per voting representatives will be required of the South County Area Transportation Board member jurisdictions for the following year. 6.3 Additional financial contributions: If additional financial contributions beyond an increase in dues are determined to be necessary, costs shall be shared among all voting members, with an option for King County to recuse itself from further financial obligations. Recused members may not vote on determining the additional financial contribution or uses for the additional funds. 6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a modification to this agreement specifying cost - sharing, purpose, scope of work, administration, collection and disbursement of funds and other details is required in order to obligate a member jurisdiction to funding participation. 7.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to the South County Area Transportation Board and shall pay any dues required to be paid under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. All obligations other than dues cease upon withdrawal. Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party's governing body of sufficient funds. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw from the Agreement. 8.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until December 31, 2019, provided that unless terminated earlier in accordance with Section 9.0, this Agreement shall be automatically extended upon the same terms or conditions for another term commencing January 1, 2020 and ending no later than December 31, 2021. 4 9.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 11.0. 10.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash shall remain with the Lead Agency. 11.0 Return of Funds At such time as this Agreement expires without being extended or revised, or is terminated in accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party's percentage share of the total balance at the time of termination. 12.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 13.0 Legal Relations 13.1 The parties shall comply with all applicable state and federal laws and regulations. 13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. 13.4 The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement. 5 14.0 Entirety and Modifications 14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. 14.2 This Agreement may be modified or extended only by written instrument signed by all the parties hereto. 15.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes an original signature. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. City of Algona By: Date: City of Auburn City of Black Diamond By: By: Date: Date: City of Burien City of Covington City of Des Moines By: By: By: Date: Date: Date: 6 City of Federal Way City of Kent City of Maple Valley By: Date: By: By: Date: Date: City of Normandy Park By: Date: City of Pacific City of Renton By: By: Date: Date: City of SeaTac By: Date: City of Tukwila Muckleshoot Indian Tribe By: By: Date: Date: King County City of Enumclaw City of Milton By: By: By: Date: Date: Date: 7 COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6d SUBJECT: ACCEPTANCE OF WATER QUALITY STORMWATER CAPACITY GRANT POLICY QUESTION: Should the Council authorize staff to accept the 2017 -2019 Department of Ecology Water Quality capacity grant in the amount of $50,000. COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov. 6, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution Public Hearing Other STAFF REPORT BY: Theresa Thurlow, P.E. Surface Water Manager 7'" DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 6, 2017. Options Considered: 1. Authorize SWM staff to accept the 2017 Department of Ecology Water Quality Capacity Grant award in the amount of $50,000. 2. Do not authorize SWM staff to accept the 2017 Department of Ecology Water Quality Capacity Grant award in the amount of$50,000. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Nove '.er 21, 2017 City Council Agenda for approval. MAYOR APPROVAL: - p .. %i 1, 7 DIRECTOR APPROVAL: mmin Co ncil Initial/Date Initial/Date En nial/Date 1J$%31rj COMMITTEE RECOMMENDATION: I move to forward option 1 to the November 215, 2017 consent agenda for approval. Committee Chair o Committ Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize SWM Staff to proceed with acceptance of the Department of Ecology Water Quality Capacity Grant in the amount of $50, 000. " (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: November 6, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director FROM• EJ Walsh, P.E., Deputy Director Public Work ^� Theresa Thurlow, P. E. , Surface Water Manager ) SUBJECT: Department of Ecology Water Quality Stormwater Capacity Grant BACKGROUND: On 8/22/2017, Council authorized SWM Staff to apply for the 2017 Department of Ecology Water Quality Stormwater Capacity grant which is intended to assist with NPDES Phase II permit requirements in 2017 -2019. City of Federal Way Public Works Surface Water Management staff has received notification of grant award and subject grant agreement. cc: Project File Day File COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6e SUBJECT: SOUNDVIEW MANOR FINAL PLAT APPROVAL RESOLUTION POLICY QUESTION: Should the City Council adopt a resolution approving the Soundview Manor Final Plat, (City File No. 15- 104753 -SU)? COMMITTEE: Land Use /Transportation MEETING DATE: November 6, 2017 CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ® Resolution n Public Hearing Other STAFF REPORT BY: Jim Harris, Planner DEPT: Community Development Attachments: 1. Resolution approving the Soundview Manor Final Plat. 2. Soundview Manor Final Plat Staff Report, November 6, 2017, with exhibits. Options Considered: 1. Approve the Final Plat and Resolution as presented. 2. Modify the Final Plat and /or Resolution and approve as modified. 3. Do not approve the Final Plat and provide direction to staff. MAYOR'S RECOMMENDATION: Adopt the Resolution approving the Soundview Manor Final Plat. MAYOR APPROVAL: Committee T Conn Initial /Date Initial /Date DIRECTOR APPROVAL: ) /0/7 311/ Initial/Date COMMITTEE RECOMMENDATION: 1 move to forward the Resolution approving the Soundview Manor Final Plat to the November 21, 2017, consent agenda for approval. Committee Chair 13i0t- 4..16 Commits Member Committ Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Resolution approving the Soundview Manor Final Plat." (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 # RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving the Soundview Manor Final Plat, Federal Way, Washington, File No. 15- 104753- 00 -SU. WHEREAS, on January 30, 2013 and February 27, 2013, the Federal Way Hearing Examiner conducted a public hearing on the Soundview Manor Preliminary Plat application resulting in the recommendation of the Federal Way Hearing Examiner, dated March 13, 2013, and the Hearing Examiner issued an Order on Clarification dated April 5, 2013; and WHEREAS, the Soundview Manor Preliminary Plat, City of Federal Way File No. 07- 103109-00-SU, was approved subject to conditions on May 6, 2013, by Federal Way City Council Resolution No. 13 -636, which adopted the Hearing Examiner's findings and conclusions; and WHEREAS, the applicant submitted the final plat application for Soundview Manor within the required 7 -year completion time pursuant to RCW 58.17.140(3); and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 13 -636; and WHEREAS, the City of Federal Way's Community Development Department and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the Community Development Department Staff Report, dated November 6, 2017, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and considered the application and staff report for the Soundview Manor Final Plat during its meeting on November 6, 2017; and Resolution No. 17- Page 1 of 4 WHEREAS, the City Council reviewed and considered the application and staff report for the Soundview Manor Final Plat during the City Council's Meeting on November 21, 2017. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Soundview Manor Final Plat, City of Federal Way File No. 15- 104753- 00 -SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the staff report, dated November 6, 2017, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by city code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in Federal Way City Council Resolution No. 13 -636, dated May 6, 2013, have been satisfied, and /or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by the application's vested provisions of Federal Way City Code 20 -135. Resolution No. 17- Page 2 of 4 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Soundview Manor Final Plat, City of Federal Way File No. 15- 104753 -00- SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 17- Page 3 of 4 Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17- Page 4 of 4 CITY OF ". Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO LAND USE & TRANSPORTATION COMMITTEE SOUNDVIEW MANOR FINAL PLAT Federal Way File No. 15- 104753 -00 -SU Report prepared by Jim Harris, Senior Planner, November 6, 2017 I RECOMMENDATION Approval of the Soundview Manor Final Plat is recommended (Exhibit A). City of Federal Way staff has reviewed the final plat application and finds it complies with the preliminary plat conditions and all other applicable codes and policies. II POINT SUMMARY Meeting Date: Land Use /Transportation Committee — Monday, November 6, 2017 — 5:00 pm. Plat Location: King County Parcels 112103- 9060 and 112103 -9119. Parcels are located along Dash Point Road east of 44th Avenue SW intersection (Exhibit B). Description: Soundview Manor is a proposed 21 -lot single- family residential subdivision on approximately 9.2 acres. The Soundview Manor preliminary plat application was granted approval by the Federal Way City Council on May 6, 2013, per City Council Resolution 13 -636 (Exhibit C). Owner: Access to Soundview Manor is via SW Dash Point Road onto a new roadway within the plat. All required roads, sidewalks, pedestrian pathways, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or are financially guaranteed. High Country Soundview Manor LLC Jim Christensen 3535 Factoria Blvd. SE, Suite 500 Bellevue, WA 98006 Agent: Water: Sewer: Fire District: CES NW, Inc. Craig Deaver 310 29'11 St. NE, Suite 101 Puyallup, WA 98372 Tacoma Water Lakehaven Water and Sewer District South King Fire and Rescue School District: Federal Way Public Schools III HISTORY AND BACKGROUND Federal Way Comprehensive Plan and zoning designation for the subject property is Single Family High Density Residential and RS 9.6, respectively. The Soundview Manor plat is a standard subdivision with a minimum permitted lot size of 9,600 square feet. The lot sizes on the final plat range from 9,603 square feet to 15,327 square feet. The 21 -lot Soundview Manor Preliminary Plat was granted approval by the Federal Way City Council on May 6, 2013, per Resolution 13 -636. The 9.2 -acre subdivision includes tracts for storm drainage, open space, wetland buffer, landscaping, and pedestrian pathway. The applicant applied for final plat approval on September 17, 2015, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Federal Way Revised Code (FWRC) 18.40, the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval; 2) the subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3) all taxes and assessments owing on the property have been paid; and 4) all required improvements have been made or sufficient security has been accepted by the city. City of Federal Way staff has reviewed the Soundview Manor Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWRC 18.40.040. A proposed resolution to approve the Soundview Manor Final Plat is enclosed (Exhibit E). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution 13 -636). Required improvements have been completed or financially secured as allowed by FWRC 18.40.040 and identified by staff responses following each condition. 1. Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised landscape plan that includes the following landscaping to be approved by the city: a. Arterial buffer landscaping shall be required in Tracts C and D per FWRC 18.60.030. b. Stormwater detention facility buffer landscaping shall be required in Tract A, including trees, shrubs, and groundcover, to provide a visual separation between the public right -of -way and the Staff Report To Land Use & Transportation Committee Page 2 Soundview Manor Final Plat 15- 104753 -00 -SU /Doc. I.D. 70972 proposed stormwater facilities. This landscaping shall be placed in a separate tract that shall be owned and maintained by the homeowners' association. If cyclone fencing is used around the storm drainage ponds, the fencing shall be coated black or green. c. Street trees in right -of -way landscape planter strips per Public Works Department standards. d. Indication of methods to protect significant trees identified for retention in Tracts B, E, F, and G during plat and home construction in accordance with FWRC 19.120.160 requirements. Staff Response — This condition has been met. Landscape plans meeting this condition were approved by the Community Development and Public Works Departments. 2. Prior to final plat approval, all plat landscaping improvements shall be completed, inspected, and approved by the Community Development Department, unless a financial guarantee is approved by the city for completion of the landscape improvements. Staff Response — This condition has been met. All required landscaping has been installed by the applicant and inspected by City staff. Trees and vegetation within open space tracts were preserved during construction. 3. Design and construction of the project shall comply with all requirements and recommendations of the project geotechnical engineer. Staff Response - This condition has been met. The geotechnical report dated 5/18/2006 was reviewed. A geotechnical engineer was on site during construction to provide testing, direction, and field reports. The design maintained recommended separation from groundwater. 4. Prior to final plat approval, the final plat drawing shall dedicate all common open space in designated wetland buffer and open space tracts to be owned in common and maintained by property owners of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the city. A note shall be included on the final plat map that the open space tract shall not be further subdivided; may not be developed with any buildings or other structures except as may be approved by the city for recreational purposes only for the benefit of the homeowners; and may not be used for financial gain. Staff Response — This condition has been met. Notes on sheet 5 of the final plat include language as required in this condition. 5. Prior to final plat approval, appropriate signage shall be installed to denote the boundary of the designated wetland buffer area: Tract B and open space Tract E. Staff Response — This condition has been met. Wetland buffer signs have been placed along the edge of the wetland buffer tract between Tracts B and E. 6. Prior to final plat approval, the applicant shall provide a paved trail connecting Soundview Drive to the sidewalk on the south side of SW 314'x' Street. The 8- foot -wide paved trail with 2 -foot gravel shoulders on each side shall be in a dedicated tract to be owned and maintained by the future homeowners' association. The plan for the trail connection shall be reviewed and approved by the Public Works Department in conjunction with engineering plan review. Staff Report To Land Use & Transportation Committee Page 3 Soundview Manor Final Plat 15- 104753 -00 -SU /Doc. I.D. 70972 Staff Response — This condition has been net. A paved pedestrian trail has been constructed within Tract H, and will be owned and maintained by the future homeowners' association. The Public Works Department approved a minor revision to the trail, as it is connected to the sidewalk on the north side of SW 3146 Street rather than the south side of SW 3146 Street. This minor revision was supported in order to reduce the grade of the trail and to reduce the amount and extent of land excavation required to construct the trail. 7. On the final plat map, Tracts A, C, D, and I-1 shall be revised to provide details of any proposed retaining walls within these tracts. The retaining walls, if included in the plat construction, shall be owned and maintained by the future homeowners' association. Due to the proximity to SW Dash Point Road and the potential aesthetic impact from large untreated walls, retaining walls visible from SW Dash Point Road shall include, but are not limited to, the following design features: horizontal and vertical undulation, terracing with a minimum width of six feet between terraces to allow a safe area for maintenance; landscape screening; and wall texturing. Staff Response — This condition has been met. There are no retaining walls in Tracts A, C, D, or H. Several rock retaining walls no taller than six feet in height have been approved and constructed on several individual lots, and all these rockery walls will be owned and maintained by the future individual lot owners. 8. If included in the final engineering design, details for retaining walls and rockeries on individual lots shall be provided. Retaining walls shall be harmonious with the residential use of the site and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation screening, and textural treatment to be designed by the applicant and approved by the Community Development Department. Staff Response — This condition has been met. Several rock retaining walls no taller than six feet in height have been approved and constructed on individual lots. Community Development staff reviewed the design of the walls and found the rock walls indicative of residential character. 9. If the City hasn't done so already, City engineering staff shall review the comment letter from Ting -I Lee, dated May 19, 2008, Ex 4, to ensure that his concerns have been adequately addressed and do not reveal any issues of noncompliance with City development standards. City engineering staff may require further design modifications and conditions as necessary to satisfy City standards. Staff Response — This condition has been met. The following bullet points provide a brief response of how each of the comments in Mr. Lee 's letter have been addressed. o The street connection to SW 3146 St was eliminated due to unusual topographic conditions. A sidewalk connection was required for safe school access. o The internal road, 4311 Place SW, was reviewed and approved by South King Fire and Rescue and City review staff. It meets all City standards, including maximum of 15% slope. o Staff is aware of the downstream erosion issue. It was closely monitored during construction, and the project did not impact any offsite areas. The completed project provides infiltration up to and including the 100 year storm, and is not anticipated to create additional impacts to any downstream property. o The wetlands on the west side of the plat originally received runoff primarily from Tract B (wetland buffer) and Tract E (Open Space). Drainage patterns in these tracts have not been altered. In addition, a minor portion of lots 14 -19 originally drained to the wetland. These lots have been graded so that runoff from yards and decks will flow toward the wetland, while the Staff Report To Land Use & Transportation Committee Page 4 Soundview Manor Final Plat 15- 104753 -00 -SU /Doc. I.D. 70972 roofs will be tightlined to the infiltration system, thus maintaining the wetland hydrology. The wetland report did not require additional measures to be taken. o All walls were kept to six feet tall or less. o The Stormfilter vault is a commonly -used proprietary device that is allowed by current storm water regulations. The City will maintain the unit, as is common with other subdivisions. o Collision history over the last three years was reviewed and no fatalities were found. WSDOT reviewed and approved the road and channelization plans. o The project was closely monitored during construction. Staff did not receive complaints regarding dust and mud tracked onto the streets. Noise was addressed as necessary. o SW 314`" St connection was not included on the approved preliminary plat, and therefore was not constructed, thus reducing the amount of clearing and heavy equipment operation in the area. Standard construction practices were followed. A geotechnical engineer was on site during construction and provided field reports. V STATE ENVIRONMENTAL POLICY ACT (SEPA) The city issued a Mitigated Determination of Nonsignificance (MDNS) for the proposal on August 3, 2012. Based on goals and policies of the Federal Way Comprehensive Plan, the following conditions were incorporated into the MDNS document to minimize potential significant adverse impacts from the development. Conditions were satisfied per the staff responses following each condition. 1) Clearing, grading, wall, and utility line construction for the plat shall be limited to the months between April 30 and October 1 (known as the "dry season "). After final plat approval, these seasonal restrictions shall also apply to construction on individual Tots. The Public Works Director may revise this restriction based on weather patterns and individual site considerations. Staff Response — This condition has been met. Erosion control was monitored and the seasonal restriction was observed during construction, and will continue to be observed during home construction. 2) Prior to clearing, the applicant shall retain the services of a certified ESC supervisor with experience in construction supervision /inspection and a background in geology, soils science, or agronomy who shall be responsible for erosion control throughout the project. Staff Response — This condition has been met. A certified ESC supervisor was provided who monitored onsite conditions. 3) Prior to engineering approval, the applicant shall demonstrate to the satisfaction of the city that the engineering plans have fully incorporated Critical Areas Special Provisions from the 2009 KCSWDM (section 5.D.3). Staff Response — This condition has been met. The applicant was required to restrict activity during the wet season and will continue to meet this requirement during home construction. No work was done within the wetland buffer. 4) The engineering plans shall include turbidity testing that shall be performed pursuant to section D.4.2 -3 of the 2009 KCSWDM. Staff Response — This condition has been met. The stream was monitored. Stormwater was contained and treated on site. Staff Report To Land Use & Transportation Committee Page 5 Soundview Manor Final Plat 15- 104753 -00 -SU /Doc. I.D. 70972 5) The engineering plans shall include school access improvements as follows: a) Street lighting at the entrance to the development, and along the sidewalk to be installed on the south side of SW Dash Point Road, from the entrance of the development west to 44th Avenue SW. b) A paved walkway within a public right -of -way to be dedicated to the city and maintained by a homeowners' association through the east side of the development, including sufficient lighting along said path, to SW 314th Street in the Twin Lakes neighborhood. Foliage on either side of the paved walkway shall allow for clear visibility to support student safety. Staff Response — This condition has been met. Streetlights were provided at the entrance, on the internal street, and along SW Dash Point Road A lighted walkway was installed in Tract H between lots 2 and 3. VI DECISIONAL CRITERIA Pursuant to FWRC 18.40.050, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEPA determination have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. The plat meets the RS 9.6 zoning standards in effect at the time the application was determined to be complete. The lot sizes exceed the underlying minimum lot size requirement of 9,600 square feet for single family lots in the RS 9.6 zone. Construction of the plat infrastructure is substantially complete and as provided in FWCC 20 -135, performance and maintenance bonds are in place for the entire plat and off -site improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or financially guaranteed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to school bus stops; provisions for open space; drainage system installation; water system installation; sewer system installation; and street improvements. Staff Report To Land Use & Transportation Committee Page 6 Soundview Manor Final Plat 15- 104753 -00 -SU /Doc. I.D. 70972 The final plat provides approximately 24.9 percent of the site as open space. The majority of the open space is conservation open space, and there is also a landscape buffer open space along the Dash Point Road frontage. The final plat provides 1.48 percent of the site in usable open space (Tract H). The applicant has proposed to pay a fee -in -lieu of providing the remaining 8.52 percent of usable open space on site. In order to meet the FWRC required minimum 10 percent usable open space standards, prior to recording the plat, the applicant shall pay $30,416.00 for the required open space fee -in -lieu in the amount of 8.52 percent of the assessed land value of the gross land area. ($357, 000 assessed value /8.52 percent = $30, 416.00). 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Soundview Manor have been constructed and a maintenance bond is in effect. In addition, sewer lines have been installed and approved in a letter dated September 15, 2017, by Lakehaven Water and Sewer District, and water lines have been approved by Tacoma Water District in a letter dated September 20, 2017. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Soundview Manor meets all platting requirements of RCW 58.17.110 and FWRC 18.40.050. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed as allowed by FWRC 18.40.040. The project has been developed in conformance with Resolution 13 -636, approving the Soundview Manor Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for approval. VIII EXHIBITS Exhibit A Reduced Copy (8Y2 x 11) Soundview Manor Final Plat Exhibit B Vicinity Map Exhibit C Resolution 13 -636 Soundview Manor Preliminary Plat Approval Exhibit D Reduced Copy (8Y2 x 11) Approved Soundview Manor Preliminary Plat Exhibit E Proposed Resolution Approving the Soundview Manor Final Plat Staff Report To Land Use & Transportation Committee Page 7 Soundview Manor Final Plat 15- 104753 -00 -SU /Doc. I.D. 70972 SOUNDVIEW MANOR A PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON LEGAL DESCRIPTION APPROVALS: PARCEL THE TE.R of SEED l t, TM 'Y 21 ,MiDRR R 3 UST. BAN KIND Molly,, DEPARTMENT OF PUBLIC WORKS 099045100. ( }AMNEO AND A NAN% TAR DAY O 20 PARCEL 9: THAT PO NT% O THE NORM HAU OF TE NORTHEAST DARTER O THE SOUMWEST KERXIMSTRSIEBREBTOR WART% 00 0CIEN 11, TOWNSHIP 21 NEON, RANGE 3 EAST, R.M., N KNG CO,NTY, WASMNGION. L YNG SOUTH O *NNE NER DONE AND EAST O F.B. NM ROAD. WYE M REST 6R0 TTET THEREOF. AND EXCEPT NAT POOR% CONVE4FD 10 TIE STATE OF 04104000N FOR STATE ROUTE SR 502 BY NSMUMENT RECFA@ UNDER 0190 COLNIY RECESSING NUMBER 9306172027. DEDICATION KNOW *31 PECP E BY THESE PRESENTS THAT 0!. THE UNDERSIGNED OWNERS DF INTEREST N ITC LAND HEREBY SUBb0IDED. HEREBY DECLARE TIAS PLAT TO BE 0440 GRAPHIC REPRESENTATION OF ENE SUBOMSI% MADE HEREBY. AND 010 1ERE0Y OE0CA0 00 144E USE OF 144E PUBIC FO,EVER ALL STREETS AND AVENUES NOT 94OWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBIC PURPOSES NOT INCONSISTENT NTH THE USE THEREOF FOR PUBIC 0000*0Y PURPOSE5, AND ALSO THE NOWT TO MAKE All NECESSARY SLOPES FGL CUTS AND FILLS UPON TIC 1.015 AND TRACTS SHORN THEREON N THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVNNUES, ANC FURTHER 0E12■CATE TO IRE USE OF 1142 PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PUT FOR ALL PUBIC PURPOSES AS INDICATED THEREON, 400UUGNG BUT NOT LWREED TO PARKS, OREN SPACE. UTIl11E5 AND DRAINAGE . UNLESS SUCH EASEMENT$ OR TRACTS ARE SPECIFICALLY 1E 4100310 ON 01S PLAT AS BEING DEIKCATED OR CONVEYED 10 A PERSON DR ENTITY DRIER THAN THE PUBIC, 10 WIRCN CASE NE DO HEREBY 05144241E AND CONVEY SAC. SHEETS, EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENR0ED AND FOR THE PURPOSE STATED, FURTHER, 442 002RS9EO CWHERS CF THE LAND HEREBY SUB0M0E0, WAIVE AND RELEASE FOR 0HEMSE5YES, THE10 HEIRS AND ASSIGNS AND ANY PERSON OP 500310 1)ERI0NC TT1E FROM THE UNDERSIGNED. ANY ANO ALL CLAMS FOR DAMAGES AGAINST T 0 air OF FEDERAL WAY. ITS SUCCESSORS AND ASSIGNS YNICH MAY BE OCCASIONED DY TE OESIW, ESTAOUSNMENT, CONSTRUCTION. OPERATOR. FAAURE 10 OPERATE. OR MANIENNF#: Of ROADS AND /OR 0RANAGE 503TEM5, ALTERATIONS O THE GROUND SURFACE. %%EASON, DRAINAGE OR SURFACE OR SUBSURFACE WATER FLOWS RTMN TIE SURDIVI510N5 OR WYHIN ANY DRAINAGE OR OETCNTON FACUUTES DESIGNED 10 meow OR ACIVALLY 0a100 DRAINAGE FROM ME SUBDM5RONS AND THE air OF 0E000µ. NAYS REMO* AND APPROVAL OF PLANS AND PERMITS FOR SAME DINER MAN CLANS RESULTING FROM NAOEWA1E MAINTENANCE BY THE OTY OF FEDER. WAY. FURTHER. THE UNDER1GN10 INNERS OF hit LAND HEREBY SLIB2ADEO, AGREE FOR TNEMSELNS, THEIR HERS AND A500N5 TO INDEMNIFY, AND HOLD HARMLESS. AND OFFEND THE CITY OF FEDERAL NAY, )TS SUCCESSORS ANO A59FNS FROM AND AGAINST ANY DAMAGE. NCLUONC ANY COSTS 00 DEFENSE. D NKO 80 PERSONS NTNIN OR 2010001 THE SUBDIVISIONS TO HAVE BEEN CAUSED 811 THE OE9GN. E5TA0U50MENT, CONSTRUCTION. aERAR00. FAl1URF. TO OPERATE, CR MAINTENANCE OF ROADS AND /NR ORANAGE 5051584, ALTERATIONS OF TIE GROUND SURFACE, YEGETASON, (TONNAGE, OR SURFACE OR SUBSURFACE WATER FLOWS WHIN TIE SUBd5SON5 OR *014430 ANY DRAINAGE CR %TEND% NACRES DESIGNED TO RECEIVE OR ACTUALLY RECEIN05 DRAINAGE FROM THE SUB05SIONS AND IRE MY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND RERANI5 FOR SAME. PRO-ACED, DOS WAIVER AND INDEMNIFICATION SHALL. NOT BE CONSTRUED AS %LEASNG DIE 3111 O FEDERAL WAY. ITS 5UOCE550R5 (N ASSGNS. FROM UABIUTY FOR DAMA5E5, INCL0OING THE COST O DEFENSE. RESULTING FROM AND TO THE EXTENT DF THE 590E NEGLIGENCE Cr THE CITY O FEDER. MAT; O5 SUCCESSORS OR ASSIGNS THIS 50801505100. OEDICATON, RELEASE. R0EMW0CARON 00 CLANS AND AGREEM 001 TO 00u) *ARMLESS 15 MADE NTN THE FREE CONSENT AM IN ACCORDANCE MTN THE DESKS OF 540 010095 COMMUNITY DEVELOPMENT DEPARTMENT EmAI ED MO APPROWD) 1195 0111 O 20 COMMUNITY DEVELORMETO DIRECTOR FEDERAL WAY CITY COUNCIL WARNED AND *PPRNFU THK D4T OF 11}0T0�058i dF 4205TH 20 KING COUNTY DEPARTMENT OF ASSESSMENTS 20 Et0INED R0 *0000500000 OAS OAY O KING COUNTY ASSESSOR ACCOUNT 141298E0. 112)03004001. 1121 FINANCE DIVISION CERTIFICATE I NEWER 0)211h 21401 Au PROPERTY TAXES ME PAC, DOT TIM RE NO DELINQUENT NECK ASSES MENI5 CERTIFIED TD 146 OFfCE FDR CO1E01KN RD NM AL SPEC. ASSES0EIR5 CERIRED TO 1445 ONCE FOR COLLEC1NN ON TIE %OPEN-, HEREIN CONTAINED. IEDIFJIi5D AS SIRLEIS, ALLEYS OR FO! NO 01KER PUNIC USE. ME PAID N FULL 1195 O.T G 20 30232kR, 08809* DRINA. RHPY IN WTTTNESS LM$REDF 099 SET OUR HANDS AND SEALS: SURVEYORS CERTIFICATE SIGNATURE PRINT NAME TITLE SIGNATURE PRINT NAME TITLE UM CNRRSTEIR5EN H100 COUNTRY SOUNDVIEW MANOR LLG SABAL CAPITAL LLC A DELAWARE LIMITED UAEDLITY COMPANY ACKNOWLEDGEMENT STATE O **amen* WS. COUNTY 00 NM I GEIRBY MAI I KNOW OR MANE SAME AC10RA EVIO3DE TUT 6 THE PE05O! R40 NWEARE0 2EFO0. NE, AND SAID PERSON ACKNOWLEDGED THAT (HE/5K/THEY), ON M1I STATED THAT (NE/S11(/Ml) WA5/RERE N1010R0ED 10 EXECUTE TK N5IRUMENT AND ACKNOWLEDGED D AS _ 10 BE FREE ANO VOLUNTARY ACT O SOI PARTY FOR RR USES AND . iE00390(5 N SHE NS1RUIEPR, =WORE (MIT NME) NOTARY PUBLIC N AND 400 115 STAR OF WA0HNC10N, RESIDING AT W APPONIMFNE was ACKNOWLEDGEMENT STATE OFWASKINDION x5. CONTY O MG I CURET OW 1 KNOW OR FMK SATISFACTORY EMERGE TUT 5 WE PERSON 100 APPEARED BEFORE MG FHO SMD PERSON AGKNOwEOGED THAT (K/SIEJDEY), ON OWN STATED THAT (15/14&/14(1 945/8585 AMINO82m TO MUM THE INSIRUENF AND ACKNOWLEDGED R AS 10 BE TREE AID MOANFMY ACT OF 5UCN PARTY FOR TEE USES AND 7JRFOSE5 820109ED N THE N57RUMENF SCROURE (PROP MSC) MEM, R BUC N AND FOR IRE STAR OF WF4NN6TON. REM% AT MY APPOINTMENT MKS CITY FILE NO. 15- 104753 -00—SU JOB NO. 05170 NOW CERTIFY TAT THIS PEAT O SONO/CR TIMOR 6 886m IR284 AN ACEUM SLIM, AND SIBOMS004 O 5EC110N 11, TOWR9W' 21 NORTH RANGE 3 FAST, W,M., INN0 TIE 500840 5 PAD 06TRCE5 ME CORRECTLY THEREON, TINT THE MOMAENTS MU BE SEE AHD THE LOT AND BLOCK CORNERS BE 57AKED CORRECTLY ON 1K GRONO AS CONSTRUCTOR 6 COMPUTED MO FUMh JED TAN TIE PKOf61040 O WC RATING REWAXING. (0 — till/ 7 D. O'HIAE. PLS 110 36945 OWNERS INFORMATION HON CONUM SOIRDYER MWCR. UC PO ROM 731749 PIFFALLUR. RA 96373 SHEET INDEX smut T - 900930 E5. LEGAL 5KET 2 - MORN. DEIRGT016 SKIT 3 DIP SHEET 4 - MAP SNIT 5 - LNE MD CURVE TARES. AODR001S. GENERA NOTES, TRACT NOTES EXHIRIT__ A PAGE, 1 OF .c RECORDING CERTIFICATE: %WRONG NO REO FOR RECORD AT 1NF REQUEST 00 THE MN COUNTRY SCAPO TE0 ARMOR. LIE ON 120E DAY or 20 AT MINUTES OAST JI. AND RECORDED N WURIE_Of PLATS AT PM25 RECORDS Of KAO COUNTY, WASHINGTON. DN15ON Of RECORDS AND ELECTIONS SURE. 08 RECORDS Cliff ENGAMELWAVO 1 NAYPITA?? 910 BRUT St. N.6. WAWA 001 808: 289 8E8 -4284 MAUL?. 2A 98372 ►AL EW 8*8 -{208 SHEET 1 OF 5 SOUNDVIEW MANOR A PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY 9551 QUARTER CORNER FOUND ENCASED 3' DA. CONCRETE MONUMENT WTN 1/4' BRASS NAP.. 94TH PUNCH IN LEAD PLUG - 1.1' MAN 5 88'2315' E 2609.64' SCALE 3 -200 0 200 400 ACREAGE INFORMATION A) TOTAL ACREAGE O 446 PLATTED 362.630 SO, FT. CR 9.04 ACRE5, . MORE OR LESS B1 T01AL O0FACE OF 64.94410 BUFFER TRACT (TRACT 4): 20,26. SO. 4'.01 0.47 ACRES, 909E 0R 1050, C) TOTAL ACREAGE 06084RD FOR POBUC RKNT OF WAY: 29,870 SO. F1, OR 0.69 ACRES. MORE OR LESS 0) TOTAL ACREAGE O ALL OTHER TRACTS: 115,949 S0. FT. OR S.20 ACRES. MORE OR LESS E) NET PLAT ACREAGE 226.547 50. R. OR 5.20 ACRE'S, MORE OR LESS. SURVEYOR'S NOTES: MIS 41NMEY COMPUE5 NTH ALL STANDARDS AND GUIDELINES OF THE - SU61EY RECORDING ACT, CHAPTER 56.09 RCS,/ AND 332 -130 RAC (4406MENT USED: FOCUS 10 TOTAL STATION. TRMBLE R8 CPS 947409 110 891E O 4404ANDI• LOCATION RED TR4W15E N SEP1EEBER O 2013. HELD NORTH 91'16'53' EAST /LONG THE MDM9446160 4454 UL OF TINE 5009X1453 C944ER O SECTION II. TOWNSHIP 21 NORM, RANGE 3 EAST. O 1NE WUALTLTIE MERIDIAN. HIP620N19 OMUI; INSH4NG16N STATE PINE COCATRMTE 2044E - NORM 204E - MD 83/91. SURVEY REFERENCES (R) - PLAT O 19IN LANES NO 6. RECORDING NO 7644230497 (42) - PLAT O DUMAS BAY ND, 2, via. 112, PCS 63-63 (113) - RECORD OF SURVEY. 040000NG N0. 20000309900011 RECORD O SURVEY, RECOING NO 7802159005 HELD CALCULATED SPITED/1H CORNER POSITION FOUND 3' CONCRETE MONUMENT MTN I/O" BRASS NAIL YARN PUNCH - X34'43'284 046' FOUND 4' IRON RIPE- 50415'57.9 0.29' FOUND 5/8' PEW a CAP MTN TACK '5ENA LS IooIB'- 567'4277'9 031' MT 2669.96' 107) 947410'37 R -23673 1304.92 (M) 1304.98 (R2) HELD FOR CENTER OF SECTION POSTON FOUND ENCASED 3•X3' CONCRETE MONUMENT NM 1/2" BRASS NAIL 40144 LARGE PUNCH - 0.48 DOAN X0116'531. 3.29' FROM CENTER OF SECTION TO CENTERLINE evy�54.07"� I/ 4.84••44' 1E� 9.14124 t.2f057 E LEE. W. 630', N. 1/2. NE 4/4 59 1/4 S UNE, N. 1/2, NE `/4/4. SW 1/4 TACK PITH RASHER .ON TOP O 6' 9000 it 1 FENCE POST '5.1410 1316213' - -0.17' r NORTH 4.1333.59' 11&20 L.47176 o-lo'42'sr 796.20 5..14126 9. UNE. NE 1/4. NE 4 /4. SW 4/4 58825'4'4 1/2' REBAR 881N CAP 22.91' 4 TACK '8000&C LS 12670/1.51000' 5831139'4 1.72' , PARCEL A S UNE, N. 130, 'SE /4. NE 1 /4, SLY I/4 PARCEL B A RE9A14 4 CAP 'LUND 16243" 58710736E 160' "'Sr C 74.47' S 6825'48' E 653.00' 5/6' ROAR BM CAP a TACK 'SERA INC LS 10616' N14'54'017 020' 653 -.374 (0) ,. 633.3T (C)._ S 88'2829' 4306.74' HEAD FOR SATURN 1040469 POSITION FOUND 1 -1/4' BRASS MONL99EN1 FETH PUNCH IN CONCRETE 0.7' DOM _ _.Ky_ennt/ 8' (M) 8.57 (83) - 130&3130 -- S 6693'51 E EXCEPTIONS TO TITLE (PER 4851 AARFACAN TIRE INSURANCE COMPART GUARD/TEE ORDER N0. 2352181 04140 4LA1 31, 2015). 4. FAEETTY CHARGES, G ANY, INCLUDING BUT NOT 5.94140 TO NOOK -UP, OR CONNECTION CHARGES AND LATECOMER CHARGES FOR SEWER, *ATER ANO 80886 FACILITIES O FEDERAL WAY WATER AND SEWER AS DISCLOSED BY INSTRUMENT RECORDED WEER RECORDING N0. 8905120210. 5. DEED Cr TRUST AND THE TUNAS AND CONDITIONS NERDY. GRANTOR /4405108 HIGH COUNTRY 50U44NE8 MANOR, TLC CRANIEE/BENEFlC1ARY: 5A4AL CAPITAL. 04.0 TRUSTEE. FIRST AMERICAN TITLE INSURANCE COMPANY AMOUNT: 59.137.241.00 RECORDED- JUNE 20. 2014 RECORONC I5828801104: 20140620001408 5A) DEED OF 1RUS1 WAS NAMED BY INSTRENE9T RECOPDEO UNDER MC COUNTY RECORDING NUNBER 20450319051551. 6. THE TERMS ARO PROR9GN5 C0N1ANE0 N THE DO04ENI ENTITLED •A540N8ENT OF N011S UNDER COVENANTS CON0T4015 AND RE5TMCTI NS SALES AGREEMENTS, PERMITS, AND DE9EL0PMENT DOO9 :NIS' REC0R0ED: JUNE 70, 7014 RECORD 40 440.: 20140620001487 7. DEED OF TRUST MID THE TERNS AND CONDITIONS 1MREGr. GRANTOR /1RMSTOR: N1044 COUNTRY SMARMIER MANOR, EEC. A WA44INC18N 49HTED LIAB4IY COMPANY 0 AND ID IEE/BENEFIOARY: ;CAP PACIFIC NORMIEST °PRORTR461 A NOOME FUND. LLC, A DELAWARE LOOTED 0ABAITY 1RU5TEE: FIRST AMERICAN TITLE 4300044 6 001PANY AMOUNT UNDISCLOSED RECCRD62. JUNE 20, 2014 AFFORDING 96016MATON: 20140820001468 THE 1EN O 5X0 DEED OF TRUST RAS SUBORDINATED TO THE LIEN O THE INSTRUMENT RECORDED .NNE 20. 2014 UNDER RECORDING 140. 20140620081498 BY AGREDIE NT RECORDED .ERIE 20 2014 UNDER RECORDING NO.. 2040620001400 & RESERVATIONS OF NA COAL OL GAS AND MINERAL RIGHTS, AIL) RIGHTS 10 EXPLORE FOR THE SANE CONTAINED N DEED FRO" 4846118860068 TIMBER CO., A *40475GttW CORPORATION RECORDED. APRA. 19. 1947 RECORDING NO.: 3715607 NOTE NO EXAMINATION HAS SEEN MADE TO DETERMINE THE PRESENT RECORD OWNER O THE ABOVE MINERALS. OR MINERAL LANDS AD APPURTENANT R10HTS THERETO, OR TO DETERMINE MATTERS 14814 MAY AFFECT 341E LANDS OR RIGHTS 50 RESE4RVE0, 9. CO041EN& NOTES, EASEMENTS.. PROVISIONS AD/(R ENCROACHER/ITS CONTRIVED OR DELINEATED ON THE FACE O THE SLIMY RECORDED UNDER RECORDING NO 7802459005. NO EASEMENTS OR ENCROACHMENTS SHORN ON SAID DOCUMENT. 10. AGREEMENT AND THE TEAMS AND CONDITIONS THEREOF: BETWEEN. LAREHA4EN UTILITY DISTRICT. KING COUNTY, A ORRCIPAL CORPORATION AND 44^5389004 INVESTMENTS 110 RECORDING •16069961100 2031003001455 11. THE RAMS AND PROVES/CRS CONTAINED N THE 0000 HT ENTITLED 'LICENSE' RECORDED. MARCH I& 2015 RECORDING NO.: 201503180(10644 CITY FILE NO. 15- 104753 -00 -SU JOB NO. 05170 LEGEND HEAD FOR SCUM OMARTER CORNER FOUND ENCASED 3'113' CONCRETE MONUMENT NTH 4/4' BRASS NIA DO NTH NO MARK - 0 • SET PURR AND CAP l5 30423' UNLESS OTNERTIS/. NOTED O FOUND PROPERTY CORNER AS NOTED EXHIBIT /4 PAGE, a OF EASEMENT PROVISIONS AN EASEMENT 1S HEREBY GRANTED TO ALL UTILITY FRANC1119E COMPARES. AND THE OWNERS O THE LOTS WTHR! THIS RAT AND MDR RESPECTIVE SUCCESSORS AND ASSIGNS LDER AND UPON THE EXTERIOR 10 FEET PARALLEL 18TH AND ADJOINING THE STREET FRONTAGE O ALL LOTS AND TRACTS N 9HACH TO INSTALL LAY. CONSTRUCT, REXENE, OPERATE AND RARITAN UNDERGROUND COHORTS. CABLE. 4PEUNE, AND WN6S 19TH TE RECESSA4Y;AMIDES 4040 OTHER EQUIPMENT FOR THE PURPOSE OF SERVICE TO MIS SUBDIVISION AND 01404 PROPERTY TAM ELECTRIC, TELEPHONE. CAS. CABLE T4 SE4•42E, SERER AND WATER, 10C£THER RAN THE RIGHT TO ENTER UPON THE EASEMENTS AT ALL TILES FOR THE PURPOSES STATED. THESE EASEMENTS ENTERED UPON TOR THESE PURPOSES SHALL BE 46010840 AS NEAR AS POS4BL£ TO THEIR O IGNAL MOTION BY THE UTILITY. NO ONES CO AIRES FOR TE 184440MIS9GN OF ELECTRIC CURRENT, 'TELEPHONE OR CA84E N SHALL BE RACED OR BE 464481TEO TO BE PLACED UPON ANY L07 UNLESS THE SAME SHALL BE UNDERGROUND OR N CONDUIT ATTACHED TO A 8UX.OMO 319 2916 14. NA SAM. 101 8,110: (885) 848 -4282 , 1FA 95572 FAD 003)) 844-4274 SHEET 2 OF 5 SOUNDVIEW MANOR A PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY NN %sr / / WALL 1 ". 40' 40 90 40 5'4�6A �yo .7A' 21 15516 SF S 6675'46' E 195,90 I� 10' unur EASEMENT J (TYRCAL) ) PARCEL. 91121039053 ANC COMM FPI 05TR7CT 39 15' SANITARY SWAIN EASEMENT N PER THE PLAT OF DUMPS RAY ND. 2 ea_ 112. PC 63-64 2'34'14( ea 19.53' 9,976 S7 6675'49' E 193.15' 12 6 161 Ate° d visa ' REILAND S- 8 <.y`` 2754 SF ill 1 '..4*. � as 40.025 SF ) N2601'24'E / 1806' • / / 13n6'4"E / / 21.22 / / // / 6.1219'09' $ i / L' 5 8 / / 17 9,612 SF S 6675'4• E 191.96' S 6r46b3' E 170.90 • 56 2272 21■55+0560 NrCuOLAS C 6 SEAR, BUE'LL 2575'67( 2{.65' 3.610'41' 100.00 5.14.27 15 11,027 SF • / • 14 p4 c5 2UTIUTY /� --_� EASEMENT (TKICAL) 15.327 Si 10. Cam CI C2 C3 C4 C5 C6 C7 C6 C9 Curve Tab* wA1gm Roma 15.19' 2500' C10 (II C12 C13 CI{ C15 C16 C7 C16 C19 C20 C21 022 16.09' 25.00' 2303' 774.00' 10931' 174.00' 33.40 17400 49.42' 22610' 5236' 22610' 7207' 22610' 6.96' 2560' 1410' 25.00' 45.04' 5310' 23.65 5310 23.95' 53.00' 36.00' 53.00' 36.00' 53.00' 24.43' 53.00' 24.43' 5300' u66' 5300 7510' 2500 6.45 2500' 13.64' 17410' 5252 134.00' Dery 5313 36.67 7.26 35.96 11.02 72.53 13.26 3.16 15.25 3332 4839 25.76 25.76 36.92 36.91 25.41 2641 47.44 36.65 12.52 4.49 17-31 C23 21.77 17410 7.17 034 54.62' 226.0' 1365 47.51' 22500' 1207 C26 39.14' 22660' 9.12 EXHIRIT \ b_; 27300 ' 101! 13g Px G E ,_,P d91 25.30 773 62.22' 10126' 137.16' CITY FILE NO. 15- 104753 -00 -SU LEGEND PARCE. 9 1'27033095 FEDERAL NAY PUBLIC SCNOCA3 • SET RESAR A45 CAP IS 30425' UNLESS 03NIRWSE NOTED O 7OIR10 PROPERTY CORNER AS NOTED 6 SET OITY OF FEDERAL RAY STANDARD MONUMENT JOB NO. 05170 5906'23'4'* 653. Line Tab* L:. 1 5.5.6211.1 11 635' N9'34'S51 L2 9.29' 113032762 U 2315' 53032'262 VCS II/ if C CAS ENBAWISVIVO s SURVEYING 510 2904. SL N.B. 6214 101 5007 (262) 646 -4262 PUYALIUP. BA 96375 PAN (263) 64 -4276 SHEET 3 OF 5 18 02 SOUNDVIEW MANOR A PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY f l y g((� .10 a N TRACT 'V OPP PACE 0.548 9F ' HOC WIRE FENCE 2'r 7'0902,. E 8731990290 / HAP9„^, E 848 / 15'53'85 1103 29 /r` 15' DRAINAGE (i EASEMENT PER r 11 V.. 101, PC 32 -33 1 FOUND 1_1/5' ORA55 r 1 NOM MEN/ 02 CASE / r ♦ r 0510801 0 780 /. 1 4 121 fi 5 0629 7 $ 667546' E 201.52' TRACT if 9 90700 P P1 ATGT ASC. 0 9501. CONCRETE PATIO 134' 30 WOOD 9010 -W. 7.120 / 00000W10-15.0 W, / OF UNE 6 E BLDG / o0m1AN0 -4.2' / W. OF UNE / 31 4A.CEL F 6131940330 8NS 33 TWIN LAKES NO. 6 6 lot w. 7.0' W� Vet. 101. PCE 32 -33 10.4267 <O8 6 8673'46' E 210.23' '� 5' PRIVATE STORM 7'k /L FOUR THE NE IT OF i 0 1/ LOTS 6 -12 7 ■ 11 10.893/ 7 5 6675'46' E 214.21' « II 0.A 10' UMUTY I, EASEMENT 8 • I I i 10.048 7 II C20 8 6623•46' E 208.13' tt g a Ott 1 11 9676 7 { 5 6613.46' E 171.86' N 5 12 10,841 7 137.14' SCALE: 1'.. 40' 0 40 137.14' 60 10 10,363 7 •06e 11 13,076 7 68675'48'85 653.00' CITY FILE NO. 15- 104753 -00 —SU 2' 60.54' LEGEND • SET ROM M D CAP 'IS 30425' UNLESS 014095SE NOTED 0 001610 PROPERTY CORNER AS NOTED 11 SET CITY 00 FEDERAL WAY STANDARD MONUMENT 9.0' W. 'TRACT F OPEN PACE 48.177 7 134.20 •.5' W. 34 PARCEL • 8211990340 091 LAM 2.1' E. 176' W. 4' 9.4' W. 8.1' W. JOB NO. 05170 RE0MNM0 WALE NOC WOK FENCE PARCEL 8311 F311990391 00814ARD r k Aut. 000900'. PARCEL F 87x1990360 8020190 M 6 90901 ,ENS 36 5' 85000 FENCE 4' 048 4 0912) FENCE Ce1Ve Tahls 04440 08E1.1 Mee C+ 2318 CO' 23. 53.13 ®,0921• 178.0 33.48 170.00' Ol5#1=11® ®m= C9 C10 1420 25.0' 33.92 811 4504' 9390' 4600 815 3800' 5300' 3591 816 24.43' 5368' 26.41 517 24.43 5308 2041 818 43.38' 53.00' 47.44 Cis 1231® EDI ©®" 22600 406 4.06 16.9 9.92 22600 22600 228 00' 25.00' 111111111310 31313 U.e 1.1 L2 L3 Line TGOR LwgBi 90441*, 13.35' 440357818 0.29' 87032'26'8 23.25' 097032`26'0 rill 111_6 6, TAG 310 290 SE 09.8. SWL 101 900 (053) 648 -4282 PUYALWP, WA 98572 FAX: 5262) 848 -4076 SHEET 4 OF 5 SOUNDVIEW MANOR A PORTION OF THE NE 1/4 OF TIM SW 1/4 OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY SCAE T'.6r 0 60 120 TRACT NOTES TRACT A PUBLIC STORM DRAINAGE TRACT: TRACT A TS TO BE DEDICATED TO THE CITY O' FEDERAL WAY UPON REGORD0441 or THIS PUT AND STATUTORY WARRANTY DEED. RECORDING RARER TRACT B. REILAND BUFFER CA0ICAL AREA TRACT: ALL CONVEYANCES O LOTS IN MIS PLAT MUST CONTAIN A II, JOINT OWNER9RP INTEREST R TRACT TT MR ORDEAL AREA TRACT AND WETLAND BAFTA CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN TIE LAW *INN 114E TRACT. THIS RTTERCST INCLUDES 1NE PRESERVAT10N OF NATIVE VEGETATION FOR Al PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY' AND WELFARE, INC/WIRD CONTRO OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILRY AND PROTECTION OP PUNT AND ANMAL HAWTAT, THE CRITICAL AREA TRACT/BUFFER IMPOSES UPON ALL PRESENT AND Fu1URE DYARRS OF THE LAND THE OBLIGATION TO LEAVE UNDISTURBED Al TREES AND OTHER VEGETATION MTNIN IRE TRACT/MATER, THE VEGETATION R1WN 7041 TRACT MAY NOT BE Wt, PRATED, COVERED BY FILL READMIT OR DAMAGED WITHOUT APPROVAL IN WRING FROM THE OTT OF FEDERAL WAY 0(090 MINT OF COMMUNITY DEVELOPMENT OR ITS SUCCLSSOR AGENCY ANY REQUEST TO REMOTE DEAD. DYING, DANGEROUS OR DISEASED TREES AND VEOE1A1)0N MAP5T BE PREPARED BY A OLAUFCD P0041410404104, ARBODST CO OTHER AP'ROPRIATE PROFESSIONAL TRACT B MAY NOT BE DEVELOPED RM ANY BUILDINGS OR STRUCTURES MAY NOT BE FARTHER SU0010E0. AMA MAY NOT BE USED FOR FINANCIAL GAM. TRACTS C AND St PRIVATE LANDSCAPE TRACTS ALL 40N\£YANCES O< LOTS IN MRS PLAT MUST CONTAIN A 40040 OWNERSHIP INTEREST IN TRACTS C AND 0 MR OINERSHIP MAINTENANCE PURPOSES. TRACTS C AND D AAT NOT BE DEvELOPE0 WIDE ANY BUILDINGS DR STRUCTURES, GAT NOT K FURTHER SUBMITTED. AND MAY NOT BE USED FOR FINANCIAL GAIN. TRACTS E. F AND (k CONSERVATOR NAME GROWTH TRACTS: ALL CONVEYANCES R LOTS 04 DRS FIAT MUST MORN A A DINT ONHERS)P INTEREST 44 TRACTS E, T AND G FOR OWNERSHIP AND MAINTENANCE PURPOSES THEE TRACTS CONTAIN SPEOAL NATURAL AND PHYSICAL AMENIES, THE CONSERVATION or WIIO4 *OAS BENEFIT SURROUNDING PROPERTIES OR ME COMMUNITY AS A WNOLC. 114E CONSERVATION AREA TRACT IMPOSES UPON ALL. PRESENT AND FUTURE OWNERS Cr THE LAND THE OBLIGATION TO LEAVE UNDISTURBED AU. TREES AM) OTHER VEGETATION WI NN THE TRACT, THE VEIETAIIEN RAIN THE TRACT MAY *01 BE CUT, PRUNED, COVERED BY FILL. REMOVED OR DAMAGED WHOM APPROVAL M **TING FROM ME 01Y 00 FEDERAL WAY DEPARTMENT OF OOMNU1810 DEVEL.DPMENT OR ITS SUCCESSOR AGENCY, ARY REQUEST TO ROAM DEAD, DYING, DANGEROUS OR OMEASEO TREES AND VEGETAION MUST BE PREPARED ST A OuAuF1EO PROFESSIONAL AMORIST OR OTHER APPROPRIATE PROFESVONAL TRACTS E F AND G MAY NOT BE DEVELOPED MTH ANY BUIUNN06 OR STRUCTURE, MAY NOT 041 FURTHER SUBDIVIDED AW MAY NOT BE USED FOR FINANCIAL 040, TRACT M: PEDESTRMN TRACT ALL CONVEYANCES OF LOTS IN TIPS PLAT MIST COITAN A A JOINT ONNERS400 MEREST IN TRACT H FO) 0744ERSHP AND MAINTENANCE PURPOSES. TRACT M 10 A PEDESITBAN ACCESS TRACT FOR MAX USAG ANIS IS 70 REMAIN (PEN. TRACT N MAT NOT BE 0(10 0PED *0TH ANY BULORD5 OR STRUCTURES, WLY NOT BE FURTHER SUBDIVIDED, AND MAY NOT 841 LASED FOR FINANOAL GAR. CITY FILE NO. 15- 104753 -00 —SU RETAINING WALLS RETAINING WALL SHALL BE HARMOROUS NTH RESDENTIK USE OF THE SE AND SHALL PROMOTE RESIDENTIAL DESIGN MOTES THROUGH Su0N MEANS AS TERRACING. ORENTATDN, NATTRAL MATERIAL SELECTOl, USE O VEGETATION S1AEEWNG, AND TEXTURAL TREAIIIENT 10 BE DESIGNED BY THE APLICANT AND APPROVED BY THE C(A*UMTY DEVF3NMUENT DEPARTMENT. ANY WALL, DP SERVES OF TERRACED WALLS OVER 4' NIGH SHALL REOURE A BUILDING PEROT AND SHALL BE DESIGNED AND STAMPED BY A GEDTECHNICAL ENGNEER U0005ED N 000 STATE Cr WASHINGTON, ALL SLOPES OVER *Div SHALL BE PERMANENTLY STABILIZED MTH RETAINING WALL, WICKER41, CR PERMANENT SLOPE- STABIUDNG LANDSCAPING (DOES MOT INCLUDE GRASS OR SW). LOTS SHALL BE GRADED TO Avo10 DIRECTING ADROIT ONTO NEI46B019N0 RESIDENTIAL LOTS GRAD01a DRAINAGE. AND LANDSCAPING SHAT BE SHOWN OR THE SITE PLAN AND MUST BE APPROVED BY THE PUBLIC MORNS DEPARTMENT. PLAT NOTES ALL ROO GRANS AM) ANY 10151* DRAINS FOR BuLDING5 OR RETAINING WALLS SHALL BE CONNECTED 10 THE STREET SYSTEM, FOOTING GRAINS MAY ONLY BE CONNECTED TO ROOF DRAINS AT A POINT 50WNSTREAI OF ME LOTS' ROOF D *4400 UI9 AND MUST BE 1ME LOWEST POINT OF THE FODTNG DRAIN TRAFFIC IMPACT FEE.. EACH LOT WILL SE ASSESSED TRAFFIC *PACT FEES WHEN A BUILDING PERLRT APPLICATOR R ISSUED FOR EACH LOT UNLESS DEFERRED AS AL10WE0 BY FEDERAL WAY CITY CODE 43RD PLACE SW, 294070 SQUARE FEET, OEOCATEO FOR PUBLIC RGNT -4)F -WAY UPON RECORDING OF 7415 PLAT AND 51AMTOY WARRANTY SEW, RECORDING NUMBER. JOB NO. 05170 ADDRESSES LOT 1 31300 43RD PLACE 50)1MFE5T LOT 2 31306 4940 PLACE 50)1HEEST 1,01 3 31312 434110 PLACE 50UMWE5T LOT 4 31316 43RD PLACE 50uMWE0T LOT 5 31334 43RD PLACE 50UTNRE51 LOT 6 3)330 43RD PLACE SDUTHWE51 LOT 31336 4.640 PLACE 00U1000.51 LOT 6 LOT 0 LOT 15 3)3440 4940 PLACE SOUTHWEST 3)346 4304) MAX slimmest 31352 43D PLACE SOUTHWEST LOT 11 31366 43RD PLACE 50UTN1E51 LOT 12 37360 4900 PLACE SOUTHWEST LOT 13 31301 43RD PLACE 50)70001 LOT 14 31357 4300 PLACE SOUTHWEST 4191 16 .101 16 4107 17 LOT 10 51351 4340 PLACE SOUTHWEST 3)345 43RO PLACE 5(441)4 EST 31530 4340 RACE 5011*E01 31333 4340 RACE BOUTRES1 LOT T6 31327 4940 PLACE 50)1HWEST LOT 20 31321 4380 RACE SOUTHWEST LOT 21 31315 43RD PUCE 5005)0651 0 rn rnT- N- (.6 (0 O O i CO ou., O N z RESOLUTION NO. 13-636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING SOUNDVIEW MANOR PRELIMINARY PLAT, FEDERAL WAY FILE NO. 07- 103109-00 SU. WHEREAS, the owner, Westbrook Investments LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Soundview Manor, and consisting of 9.01 acres into twenty one (21) single- family residential lots located on the south side of the 4400 block of SW Dash Point Road; and WHEREAS, on August 3, 2012, a final Environmental Mitigated Determination ofNonsignfcance (MDNS) was issued by the Director of Federal Way's Community and Economic Development Department pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C; RCW, and WHEREAS, the Federal Way Hearing Examiner on January 30, 2013 and February 27, 2013, held a public hearing concerning Soundview Manor preliminary plat; and WHEREAS, following the conclusion of said hearing, on March 13, 2013, the Federal Way Hearing Examiner issued written Findings of Fact, Conclusions of Law and Recommendation containing findings and conclusions, and recommending approval of the Soundview Manor preliminary plat subject to conditions set forth therein; and WHEREAS, on April 3, 2013, the applicant's agent CES NW Inc, submitted a letter requesting clarification of the Federal Way Hearing Examiner's Decision; and WHEREAS, on April 5, 2013, the Federal Way Hearing Examiner issued an Order on Clarification in response to the applicant agent's letter; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 18.35.180 of the Federal Way Revised Code to approve, deny, or modify a preliminary plat and/or its conditions; and EXH R T r_ Resolution No. 13 -636 Page 1 of 4 WHEREAS, on May 6, 2013, the City Council considered the record and the Hearing Examiner recommendation on Soundview Manor preliminary plat, pursuant to Title 18 of Federal Way Revised Code, Chapter 58.17 RCW, and all other applicable City codes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions of Law. 1. The findings of fact and conclusions of law of the Hearing Examiner's March 13, 2013 Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner Findings of Fact and Conclusions of Law contained therein as adopted by the City Council immediately above, Soundview Manor preliminary plat, Federal Way File No. 07-103109-00 SU, is hereby approved, subject to conditions as contained in the March 13, 2013 Findings ofisi-- of Law and Recommendation of the Federal Way Hearing Examiner (Exhibit A). PAGE 'a Resolution No. 13 -636 Page 2 of 4 Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. EXHJRF ' Resolution No. 13 -636 Page 3 of 4 RESOLVED BY THE CI'T'Y COUNCIL OF 'l'HE CITY OF FEDERAL WAY, WASHINGTON, THIS 6TH DAY OF May, 2013. ATTEST: eau,Qm CITY CLERK, CAROL MC APPROVED AS To FORM: 1 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 04 -26 -2013 PASSED BY THE CITY COUNCIL: 05 -06 -2013 RESOLUTION No. 13 -636 EXHIRlT c Resolution No. 13 -636 Page 4 of 4 OMM WWW ox9 wit snOA9 1 9011039400 10 91910 99 777 Q 9410/ WAS aVIOM an NWM mm�o am Mar AMOAVI 101099 hauls Oas:au s1M MS.° '9'300 x30 0389311 41199913 3'00 00 msma4 713990'*101939 036910 91939900 '9'0'0'0 170 039N39 v3 pill 1'41E211 v...' fix/ wI liIL:. Alk. al 7f1"11141 ' I1 :.. ? a.i .: :f:Y U i d it 41 1 11111 ' !till 1' g 'a 6"e v � 83 �a �� G�r�i Ij ��g���Y� b.iy�y b ! 9 b $III dill! l! hI 11 a III ilia C b1 1 g i� g E E 1p r' 412 e It �>e � it ��59 314C aye 6f k YYl Ili foi H _ ! 4 a !i °iii lb oa 96 59: 441 0i 1'f @ s 111 "'" ". i" :.. 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IR& $L34 E�'p s �x33g L a3 01111�01010101015 ` 0g0g. ;ASST R..., «a__rA A n� c1SaNq:_ m § i gi !III ill 9 a i 1 ill a "RR Y _ -1 111 .1 / 1 �I + 3 ; i! e� fl. \ Hi / 1 J a i 7 9, _ g m 6 20 45/ H a = o n5i� €�da�a $ca3 I a I 1 \ 1 e.il " I I " � 01 COUNCIL MEETING DATE: November 21, 2017 ITEM #: 6f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept $26,900.00 from the WTSC for DUI, Speeding, Seat Belt, Motorcycle, and Distracted Driving enforcement? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE (PRHS &PSC) November 14, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution Public Hearing Other STAFF REPORT BY: LIEUTENANT B. SCHULZ DEPT: Police Attachments: 1. PRHS &PSC Memo 2. IAA Between the WTSC and the Federal Way Police Department Options Considered: 1. Accept Proposal for Grant Funding 2. Reject Proposal for Grant Funding MAYOR'S RECOMMENDATION: 1— Accept Proposal for Grant Funding MAYOR APPROVAL: Con4nittee Initial/Date Initial/Date DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the IAA between the WTSC and the Federal Way Police Department to the November 21, 2017. City Cpurlcil Consent Agenda for approval" Committee Chair Koppang Committee Member Assefa- Dawson (participation and approval via phone) (participation and approval via phone) Committee Chair Committ ee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the IAA between the WTSC and the Federal Way Police Department and authorize Chief Andy Hwang to sign said agreement." (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 CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 14, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interagency Agreement between the Washington Traffic Safety Commission and the Federal Way Police Department The Federal Way Police Department enforces traffic laws throughout the city to reduce collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day to day staffing level. However, increasing the number of officers on patrol will yield better enforcement results and likely have a larger and longer lasting impact on traffic issues that affect our citizens. The Washington Traffic Safety Commission (WTSC) partners with the United States Department of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA) to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE) patrols throughout the year with funding from a grant. The goal is to reduce traffic related deaths and serious injuries through education of impaired driving, occupant protection, speeding, and distracted driving HVE patrols throughout the state. Simply put, this agreement would allow the City of Federal Way to put more of its police officers on the road with these traffic enforcement goals while knowing it will be reimbursed for the overtime expense. The areas of enforcement the agreement emphasizes are impaired driving, seat belt use, distracted driving, motorcycle safety, flex patrols (combines all of the previous) and Target Zero Teams (DUI). This interagency agreement is very similar to what the City has utilized in previous years. 1 WEMS INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION AND Federal Way Police Department THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," and Federal Way Police Department, hereinafter referred to as "SUB - RECIPIENT." NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Catalog of Federal Domestic Assistance (CFDA) numbers 20.600 and 20.616, for traffic safety grant project 2018 -HVE- 2365- Federal Way Police Department, specifically to provide funding for the SUB - RECIPIENT to conduct overtime multijurisdictional high - visibility enforcement (HVE) traffic safety emphasis patrols as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB - RECIPIENT with the goal of reducing traffic- related deaths and serious injuries. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than October 1, 2017, and remain in effect until September 30, 2018, unless terminated sooner, as provided herein. 3. STATEMENT OF WORK Note: This statement of work applies only in the areas that your agency has received funding for specific mobilizations. GOAL: To reduce traffic related deaths and serious injuries through education of impaired driving, occupant protection, speeding and distracted driving multijurisdictional HVE patrols throughout the state. SCOPE OF WORK: The statewide high visibility enforcement patrols are paired with media participation to engage, deter, and educate drivers about the impacts of making unsafe decisions when driving. Law enforcement officers will complete an Emphasis Patrol Activity Log within 48 hours of the completion of the patrols. Statewide Impaired Driving: The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the following campaigns: • Holiday DUI Patrols — December 13 — January 1 • Drive Sober or Get Pulled Over — August 17 — September 3 The DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Whenever possible statewide mobilization patrols shall begin after 4:00 p.m. and will occur Friday- Sunday. Statewide Seat Belts: The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the following campaign: • Click It or Ticket — May 14 — June 3 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Whenever possible these patrols shall occur in areas with the lowest seat belt use. Statewide Distracted Driving: The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the following campaign: • On the Road Off the Phone — April 2 - 14 With the State of Washington's new distracted driving law, these patrols will be important to ensure through education and enforcement that drivers understand and are following the new law. These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the highest number of past distracted driving violations. Motorcycle Safety Patrols (July 6 - 22): These motorcycle safety patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Patrols should focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes speeding, impaired riding, and following too closely. Patrols should also focus on the illegal and unsafe driving actions of all other motor vehicles when relating to motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle, distracted driving, etc. Whenever possible, AGENCY should include motorcycle officers in these patrols. Target Zero Teams Patrols: The agency will engage in impaired driving multijurisdictional HVE patrols. The DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Whenever possible the Target Zero Teams patrols shall begin after 4:00 p.m. Only work done on Task Force /TZM pre- approved dates will be considered for reimbursement. Funds may be used toward impaired driving training purposes, on a case by case basis. Requests should be made in writing prior to the training, submitted to the TZM, and approved by the WTSC. Flex Patrols: The local Task Force may coordinate local HVE impaired driving, seatbelt, distracted driving, or speeding patrols during the contract period. Refer to each section above for the scope of work for each category. Dates may not coincide with statewide patrol periods. Dates of local patrols will be reported in advance to the WTSC on a quarterly basis by the county Target Zero Manager. Refer to Exhibit B for patrol plan due dates. Only work done on Task Force /TZM pre- approved dates will be considered for reimbursement. Standardized Field Sobriety Testing (SFST) Training Requirement: The agency certifies that all officers participating in these patrols are SFST trained and meet the following requirement: • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE), or • Officer must be a certified Drug Recognition Expert. Media Contacts: All of these patrols are conducted as part of a highly publicized, educational statewide effort. Publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. At least one individual must be available for weekend media contacts, beginning at noon on Fridays before mobilizations. 3.1. MILESTONES AND DELIVERABLES Mobilization DUI Holiday Patrols Distracted Driving Click It or Ticket Motorcycle Safety Patrol DUI Drive Sober or Get Pulled Over 3.2. COMPENSATION Dates December 13 - January 1 April 2 - 14 May 14 - June 3 July 6 - 22 August 17 - September 3 3.2.1. Compensation for the overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed $27,900.00. Payment for satisfactory performance of the overtime work shall not exceed this amount unless the Parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both Parties. Comp -time is not considered overtime and will not be approved for payment. 3.2.2. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the allocation amounts may be increased or decreased without amending the IAA. HVE grant funds are managed in a collaborative approach between the sub recipient and the TZM. 3.2.2.1. These alterations must be documented through email communication between all involved parties, including the TZM, and the WTSC Fiscal Analyst. 3.2.2.2. This communication should include the amount of the revised budget total and the names of the agencies impacted by the change in that particular mobilization. 3.2.2.3. Funds within the same budget category only, can be increased and decreased across parties, so long as the modified total does not exceed the regional total allocation per funding category. 3.3. SUMMARY OF PROJECT COSTS Funds break down into the following enforcement categories: EMPHASIS PATROL Statewide Impaired Driving Patrols (Section 402) Statewide Distracted Driving Patrols $5,000.00 $2,500.00 (Section 402) Statewide Click it or Ticket $1,400.00 (Section 402) Statewide Speeding Patrols $0.00 (Section 402) Flex Funding (Local DUI, Speed, Distracted, and Seat Belt Patrols) $5,000.00 (Section 402) Motorcycle Safety $6,000.00 (Section 402) Target Zero Teams (DUI) $8,000.00 (Section 405d) 3.3.1. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary rate plus SUB - RECIPIENT's contributions to employee benefits, including FICA, Medicare, Worker's Compensation, and Unemployment Insurance. The SUB - RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, breath testers, etc.) to participate in the emphasis patrols. 3.3.2. The funds issued under this Agreement are only to be used for the specified category and shall not be commingled between categories. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. PARTICIPATION REQUIREMENTS AND CONDITIONS For each of the overtime emphasis patrols listed in the Statement of Work, the SUB - RECIPIENT will follow all protocols detailed in the "Multijurisdictional High Visibility Enforcement Protocols," which will be provided by the WTSC. Exceptions to these protocols must be pre- approved by the WTSC prior to the emphasis patrol(s). 5. PERFORMANCE STANDARDS Participating law enforcement officers working overtime hours are required to make a minimum of three self - initiated contacts per hour of enforcement. The WTSC recognizes that some contacts may result in time - consuming enforcement - related activities, and these activities are reimbursable. Other activities, such as collision investigations or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 6. ACTIVITY REPORTS The SUB - RECIPIENT agrees to have all personnel who work HVE patrols submit officer Emphasis Patrol Logs through the Washington Enterprise Management System (WEMS), or by other pre- approved means, within 48 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING PROCEDURE" section. 7. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 8. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. 9. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 10. ASSIGNMENT The SUB - RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB - RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 11. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its own attorney fees and costs. 12. BILLING PROCEDURE The SUB - RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted using: • Form A -19 provided by WTSC or its pre- approved equivalent • Emphasis Patrol Log • Overtime approval sheets signed by the officer's supervisor Payment to the SUB - RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2018, must be received by WTSC no later than August 10, 2018. All invoices for goods received or services performed between July 1, 2018, and September 30, 2018, must be received by WTSC no later than November 15, 2018. 13. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION The SUB - RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 14. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 15. COVENANT AGAINST CONTINGENT FEES The SUB - RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB - RECIPIENT, to annul this Agreement without liability. 16. DISPUTES 16.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB - RECIPIENT's receipt of WTSC's written decision, the SUB - RECIPIENT furnishes a written appeal to the WTSC Director. The SUB - RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB - RECIPIENT and the SUB - RECIPIENT shall abide by the decision. 16.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB - RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 17. GOVERNANCE 17.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 17.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 17.2.1. Applicable federal and state statutes and rules 17.2.2. Terms and Conditions of this Agreement 17.2.3. Any Amendment executed under this Agreement 17.2.4. Any SOW executed under this Agreement 17.2.5. Any other provisions of the Agreement, including materials incorporated by reference 18. INCOME Any income earned by the SUB - RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 19. INDEMNIFICATION 19.1. To the fullest extent permitted by law, the SUB - RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ( "claims ") brought against WTSC arising out of or in connection with this Agreement and/or the SUB - RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB - RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB - RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB - RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB - RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 19.2. The SUB - RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents. 19.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 20. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 21. INSURANCE COVERAGE 21.1. The SUB - RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 21.2. If the SUB - RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB - RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB - RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 22. LICENSING, ACCREDITATION, AND REGISTRATION The SUB - RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB - RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 23. RECORDS MAINTENANCE 23.1. During the term of this Agreement and for six years thereafter, the SUB - RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 23.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not disclose or make available this material to any third Parties without first giving notice to the furnishing Party and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures and protections to assure that records and documents provided by the other Party are not erroneously disclosed to third Parties. 24. RIGHT OF INSPECTION The SUB - RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB - RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB - RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 25. RIGHTS IN DATA 25.1. WTSC and SUB - RECIPIENT agree that all data and work products (collectively called "Work Product ") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 25.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB - RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 25.3. The SUB - RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 26. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30- day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 27. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 28. SITE SECURITY While on WTSC premises, the SUB - RECIPIENT, its agents, employees, or sub - contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 29. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB - RECIPIENT or its staff shall be the sole responsibility of the SUB - RECIPIENT. 30. TERMINATION FOR CAUSE If the SUB - RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB - RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB - RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB - RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 31. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 32. TREATMENT OF ASSETS 32.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB - RECIPIENT for the cost of which the SUB - RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB - RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB - RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 32.2. Any property of the WTSC furnished to the SUB - RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 32.3. The SUB - RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB - RECIPIENT or which results from the failure on the part of the SUB - RECIPIENT to maintain and administer that property in accordance with sound management practices. 32.4. If any WTSC property is lost, destroyed, or damaged, the SUB - RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 32.5. The SUB - RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 32.6. All reference to the SUB - RECIPIENT under this clause shall also include SUB - RECIPIENT's employees, agents, or sub - contractors. 33. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 34. BUY AMERICA ACT The SUB - RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB - RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 35. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 35.1. By signing this Agreement, the SUB - RECIPIENT (hereinafter in this section referred to as the "lower tier participant ") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 35.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 35.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 35.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 35.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 35.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 35.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 35.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 35.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 35.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 35.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 36. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 36.1. The SUB - RECIPIENT shall: 36.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 36.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB - RECIPIENT's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 36.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. 36.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 36.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 36.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. 37. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB - RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 38. FEDERAL LOBBYING 38.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 38.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 38.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 38.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including sub - contracts, sub - grants, and contracts under grant, loans, and cooperative agreements), and that all sub - recipients shall certify and disclose accordingly. 38.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 39. NONDISCRIMINATION 39.1. During the performance of this Agreement, the SUB - RECIPIENT agrees: 39.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 39.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 39.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 39.1.4. That, in the event a contractor /funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor /funding recipient under the contract/agreement until the contractor /funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 39.1.5. To insert this clause, including all paragraphs, in every sub - contract and sub - agreement and in every solicitation for a sub - contract or sub - agreement that receives federal funds under this program. 40. POLITICAL ACTIVITY (HATCH ACT) The SUB - RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501- 1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 41. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB - RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 42. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 43. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the Parties for all communications, notices, and reimbursements regarding this Agreement: The Contact for the SUB - RECIPIENT is: Brigham Schulz Brigham.schulz@cityoffederalway.com 253- 835 -6743 44. AUTHORITY TO SIGN The Contact for WTSC is: Erika Mascorro emascorro@wtsc.wa.gov 360 - 725 -9860 ext. The undersigned acknowledgment that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. Federal Way Police Department Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6g SUBJECT: "ON CALL" ELECTRICAL SERVICES BID POLICY QUESTION: Should the City accept an "on call" Electrical Services bid and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE: PRHSPS MEETING DATE: Nov 14, 2017 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director Attachments: Memo and Quote Sheet DEPT: Parks Options Considered: 1. Authorize a bid award for "on call" Electrical Services in the amount of $99,000 to JGM Technical Services and authorize the Mayor to execute said agreement. 2. Do not authorize a bid award for "on call" Electrical Services to JGM Technical Services and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: � ni /h7 P DIRECTOR APPROVAL- Initial/Date I0 / 11/7 Com itte Counc Initial /Date Initial /Date COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for "on call" Electrical Services in the amount of $99,000 to JGM Technical Services to the full Council to the November 21, 2017 consent agenda for approval. Committee Chair Koppang (participation and approval via phone) Committee Chair Committee Member Assefa- Dawson (participation and approval via phone) Committee 1Vlember Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for "on call" Electrical Services in the amount of $99, 000 to JGM Technical Services and authorize the Mayor to execute said agreement." (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 # .44, CITY OF ti. Federal Way Parks and Facilities Division Date: October 31, 2017 To: PRHSPS Council Committee From: Stephen Ikerd, Parks Deputy Director y� Jason Gerwen, Parks & Facilities Manager Via: Mayor Jim Ferrell John Hutton, Parks Director Subject: "On Call" Electrical Services Bids Background: Staff recently sent out invitations for competitive bids to numerous companies listed on the Municipal Research and Service Center (MRSC) roster, three companies responded. The bid from JGM Technical Services was responsive to the request and this company has provided quality services to the City in the past. Staff recommends accepting their bid and awarding them a 3 year contract for "on call" Electrical Services in the amount of $99,000. The City has successfully used "On Call" Electrical Services since the 1990's for routine maintenance and repairs. By City policy we must re -bid this type of service every six years, which is why we solicited new bids. Work performed by contract will be invoiced at the submitted bid rates. Contract award recommendation: JGM Technical Services Budget: $33,000 allocated per year in Council approved line item budgets. $33,000 per year x 3 year contract = $99,000 proposed contract amount. BID TABULATION SHEET Ln -a Bid 3 Mac Donald Miller 118.00 o 0 M N 0 00 N r- C) N blank blank c c0 JD blank 297.00 1,006.00 o d' CO c co 15% 4 -6 hrs yes 25 25 40 0 Bid 2 MD Marine Electric 0 0 6 0 0 O 160.00 0 0 O N 95.00 0 0 O 0 0 O n- 0 0 O 425.00 595.00 0 O O6 N- 2885.00 Y c 2-4 hrs yes 20 ON 45 85 Bid 1 JGM Technologies 90.00 135.00 0 0 O O 0 0 O O 60.00 90.00 60.00 O O O CO 00 • O O O O N N r 2175.00 5780.00 35% 2-4 hrs O c O N L0 N 50 95 Electrical services Bid Name: Bid Number: NA 10/25/17 2:00 PM Steve Ikerd ITEM DESCRIPTION E L CO O Q a] O 0 ( L CO O H 0 a) (0 >+ 0 L > (0 (0 a) (0 c a a (0 CO 0 U a) O 0 CO O 0 (0 a) (0 > O O L -o (0 c (n a) L -a a) c c a) Q O O to a) (0 ^Y` 0) a) a) (0 -o a) c c O a) Q 0 O a) Y > O (0 O E W E U) Selection criteria L() N N N a) c a) O Q a) 0 L(7 N O > 4--' 0 O U (0 O 1— This Page Left Blank Intentionally COUNCIL MEETING DATE: November 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SECOND AMENDMENT TO THE SYNERGY BUILDING SERVICES, INC. AGREEMENT POLICY QUESTION: Should the City Council authorize a second amendment to the Synergy Building Services, Inc. Agreement? COMMITTEE: PRHSPS MEETING DATE: Nov. 14, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director Attachments: Synergy Building Services, Inc. Second Amendment DEPT: Parks Options Considered: 1) Authorize a second amendment to the Synergy Building Services, Inc. Agreement by extending their term an additional two years and increase the compensation $99,200 for a contract total of $297,600.00. 2) Do not authorize a first amendment and provide director to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: �79 /0/ i 7 0 7 DIRECTOR APPROVAL: Initial/Date Committee Counc Initial/Date Initial /Date COMMITTEE RECOMMENDATION: 1 move to forward the proposed Agreement to the November 21, 2017 consent agenda for approval. Committee Chair Koppang (participation and approval via phone) Committee Chair Committee ember Committee Member Assefa- Dawson (participation and approval via phone) Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Synergy Building Services, Inc. Second Amendment Agreement, effective January 1, 2018 through December 31, 2019 with a total compensation of $297, 600.00, and authorize the Mayor to sign said agreement." (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 # Fecleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. c,tyoffederalway corn AMENDMENT NO. 2 TO JANITORIAL AGREEMENT FOR CITY HALL JANITORIAL SERVICES This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Synergy Building Services, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for City Hall Janitorial Services ( "Agreement ") dated effective February 24, 2014,as amended by Amendment Nol, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2019 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. PREVAILING WAGE. As provided in paragraph 10.4, the Contractor agrees to pay the current prevailing wages at the time of additional year extensions. The current prevailing wage rates are attached as Exhibit D -2. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 � CITY OF d . Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney SYNERGY BUILDING SERVICES, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20 . AMENDMENT Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 2 3/2017 Federal Way EXHIBIT B -2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crtyoffederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Ninety -Nine Thousand Two Hundred and NO /100 Dollars ($99,200.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Ninety -Seven Thousand Six Hundred and NO /100 Dollars ($297,600.00). 2. Payout Schedule: City Hall - $3,500.00 per month = $42,600.00 per year Police Storage Office - $50.00 per month = $600 per year Parks /Public Works Maintenance Facility - $450.00 per month = $5,400.00 per year Additional services shall be paid out at $27.00 per hour with $2,000 additional funds in the contract for any City requested extra services. AMENDMENT - 3 - 3/2017 CITY OF Federal Way EXHIBIT D -2 PREVAILING WAGE CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway corn State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360 - 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 10/3/2017 County Trade Job Classification Wage Holiday Overtime Note King Building Service Employees Janitor $23.73 5S 2F King Building Service Employees Traveling Waxer /Shampooer $24.18 5S 2F King Building Service Employees Window Cleaner (Non- Scaffold) $27.23 5S 2F King Building Service Employees Window Cleaner (Scaffold) $28.13 5S 2F AMENDMENT 4 3/2017 COUNCIL MEETING DATE: November ill I �th1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: i a SUBJECT: PUBLIC HEARING REGARDING 2017/18 MID - BIENNIUM BUDGET ADJUSTMENT AND 2018 PROPERTY TAX RATE POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ® Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: 2017/18 Mid - Biennium Budget Adjustment Calendar DEPT: Mayor's Office Summary/Background: Public Hearing on the 2017/18 Mid - Biennium Budget Adjustment and 2018 Property Tax Rate as required by RCW 35A.34. As required by state law, cities adopting biennial budgets must review and make necessary adjustments to their adopted budget before the end of the first year biennium. Staff will present to Council the recommended adjustments and Council will commence the budget deliberation process. The budget adjustment documents will be provided to Council at the dais. Comments from the public will be accepted at this meeting. The calendar for budget deliberation has been published and is attached. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial /Date Counci Initial /Date 2 CITY CLERK APPROVAL: COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A N/A Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ , DENIED y ❑ / MOVED TO SECOND READING (ordinances y REVISED— 12/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF Federal Way Centered on Opportunity FEDERAL WAY CITY COUNCIL 2017/2018 MID - BIENNIUM BUDGET ADJUSTMENT MEETINGS The following is the meeting schedule to consider the City of Federal Way's 2017/18 Mid - Biennium Budget Adjustment and 2018 Property Tax Rate: NOVEMBER 7, 2017— CITY COUNCIL SPECIAL MEETING — 5:00 PM • Council Study Session on the 2017/18 Mid - Biennium Budget Adjustment and 2018 Property Tax Rate NOVEMBER 7, 2017 — CITY COUNCIL REGULAR MEETING — 6:00 PM • PUBLIC HEARING (required by RCW 35A.34) 2017/18 Biennial Budget and 2018 Property Tax Rate NOVEMBER 21, 2017 — CITY COUNCIL REGULAR MEETING — 7:00 PM • PUBLIC HEARING CONTINUED — 2017/18 Biennial Budget and Property Tax Rate • Introduction Ordinance — 2017/18 Mid - Biennium Budget Adjustment • Introduction Ordinance — 2018 Property Tax Rate DECEMBER 5, 2017 — CITY COUNCIL REGULAR MEETING — 7:00 PM • Enactment Ordinance — 2017/2018 Mid - Biennium Budget Adjustment • Enactment Ordinance — 2018 Property Tax Rate • Resolution/Fee Schedule 2018 Amendment All meetings will be held at City Hall, 33325 — 8th Avenue South, Federal Way, WA. CITIZEN COMMENT WILL BE ACCEPTED AT ALL BUDGET MEETINGS. Stephanie Courtney, CMC City Clerk 253- 835 -2540 Published in the Federal Way Mirror: October 27 and November 3, 2017. COUNCIL MEETING DATE: November 21, 2017 ITEM #: 8a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INFORMATION SESSION ON PROPOSED AMENDMENT TO THE 1998 DEVELOPMENT CONCOMITANT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND WILD WAVES/ENCHANTED VILLAGE. POLICY QUESTION: t\) / a COMMITTEE: none MEETING DATE: none CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Dave Van De Weghe, Senior Planner DEPT: Community Development Attachments: 1) Nov. 21, 2017 Staff Report to City Council; 2) Nov. 21, 2017 PowerPoint presentation to City Council Background: Enchanted Village has requested an amendment to their Development Agreement. Substantive revisions are proposed to six sections of the development: 1) Increase maximum height from 125 ft. to 200 ft.; 2) Require compliance with current stormwater standards at the time of new development; 3) Update baseline traffic data; 4) Revise traffic mitigation standards; 5) Remove 12 month notification requirement for future city admission taxes; 6) Extend the term of the agreement for 20 years. Options Considered: For information only. No action will be taken at this meeting. A public hearing is scheduled for Dec. 5, 2017 for first reading and possible adoption of the ordinance. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): N /A. Meeting is for information only. (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: November 21, 2017 TO: Mayor and City Council VIA: Jim Ferrell, Mayor Brian Davis, Community Development Director FROM: Robert "Doc" Hanson, Planning Manger Dave Van De Weghe, Senior Planner SUBJECT• Briefing: Proposed Amendment to the 1998 Development Concomitant Agreement between the City of Federal Way and Wild Waves /Enchanted Village I. BACKGROUND: In 1998, the city and Enchanted Parks entered into a Development Concomitant Agreement to specify development parameters, mitigation and other requirements for the Wild Waves /Enchanted Village regional recreation facility located at 36201 Enchanted Parkway S. The 20 year term of the agreement expires on April 8, 2018. Enchanted Parks has applied for an amendment and extension to the agreement. II. PROPOSED DEVELOPMENT AGREEMENT AMENDMENTS AND ANALYSIS Proposed Amendments The proposed amendment makes substantive revisions to six sections of the development agreement and updates formatting and exhibits throughout the document. Sections no longer applicable are deleted from the agreement. The significant sections of the agreement proposed for amendment are as follows: 1. Section 3.4 Height Restrictions. The current agreement limits the heights of rides to 125 feet. The proposed revision increases this height limit to 200 feet. Staff Analysis: The applicant has provided photos from a balloon test illustrating the proposed height increase as viewed from multiple vantage points. The proposed height increase will apply only to the ride area of the park. 2. Section 4.2.4 Storm Water. Current language establishes minimum development thresholds to require conformance to local stormwater standards. Proposed language requires compliance with all applicable storm water conveyance, detention, and water quality regulations in place at the time of permit submittal. Staff Analysis: The new language better ensures that future development conforms to local and state stormwater codes, which are updated periodically. 3. Section 4.3 Traffic Generation. The agreement currently cites traffic data from a 1994 study to establish a baseline level. The revised agreement will update this section to cite a 2002 traffic study. Staff Analysis: The 2002 study better reflects current conditions than the old study. Current park attendance levels are consistent with those in 2002, so a new traffic study was not required by the City. 4. Section 6 Traffic Mitigation. The agreement currently offers a "pay and go" system for the park to mitigate traffic impacts. The amendment requires mitigation as soon as the park exceeds baseline traffic levels identified in the agreement. Staff Analysis: The amendment requires more timely mitigation of traffic impacts than would otherwise be required. 5. Section 10 Tax Matters. The current agreement requires the city to issue a notice 12 months prior to imposing any admission tax. The amendment deletes this section. Staff Analysis: The park currently pays an admission tax. Upon the recommendation of the City's Finance Director, the notification requirement is unnecessary and should be removed. 6. Section 12.6. Term of Agreement. Unless terminated prior to that date by the mutual agreement of the parties or by the City, the current agreement is in effect for 20 years. The amendment will extend the term another 20 years to 2038. Staff Analysis: The requested 20 year term is consistent with the current arrangement. III. PROCEDURAL SUMMARY The procedure for adopting this amendment ordinance is shown below: *SEPA Notice to Newspaper 8/11/2017 *Issue SEPA Determination 8/11/2017 * 14 -Day Comment Period Ends 8/25/2017 *21 -Day SEPA Appeal Period Ends 9/15/2017 *Notice of City Council Public Hearing 11/10/2017 City Council Information Session 11/21/2017 City Council Public Hearing, 1st Reading and possible 2nd Reading, City Council Action 12/05/2017 Notice of Final Decision issued 12/08/2017 Ordinance Effective (21 day appeal period) 12/29/2017 *Actions which have already been accomplished. IV. DECISION CRITERIA FWRC 19.85.120 provides factors to be considered in review of a development agreement. The city may consider, but is not limited to, the following factors when considering a development agreement: 1. Compatibility with and impact on adjacent land uses and surrounding neighborhoods; Staff Analysis: The proposed height increase applies only to the section of the park adjacent to Interstate 5. The visual impact on surrounding residences will be minimal. No increase in attendance is anticipated, as the amendment does not expand the size of the park or allow any new land uses. 2. Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; Staff Analysis: None of the requested amendments will negatively impact public services or facilities. The updating of stormwater standards and traffic language will require mitigation by the applicant upon future development activity. 3. Potential benefits of the proposal to the community; Staff Analysis: Revisions to the park's stormwater improvement section of the agreement will ensure the park meets the latest requirements at the time of new development. Likewise, establishing new baseline traffic levels will better reflect current conditions and clarify the thresholds to trigger future traffic impact fees and mitigation. 4. Effect upon other aspects of the comprehensive plan. Staff Analysis: The amendment does not allow any new land uses or expand the size of the park. It will not impact the comprehensive plan. V. OPTIONS FOR DECISION Today's meeting is for information only. At the December 5th meeting, staff will present the proposed amendment ordinance to City Council for action in a public hearing. City Council will hold first reading and possibly second reading of the ordinance. At the December 5`" meeting, Council may: 1. Grant the application as proposed, or modify and grant the application. 2. Deny the application. The city council shall give effect to a denial by adopting a resolution. 3. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: a. A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and b. The city council's conclusions based on those facts. r+ L 0 V) • C N E aJ N L Q +-J c Q) E Q. 0 cd cv 0 1998: Agreement adopted. . - 6 -6 Q) > l/1 p O O L- Q CI- Q Q. 0 (a ca. .4._) _i_d c .4--) c c -0 C -0 fQ f0 N C e- N M N Lll R O O O O O N N N 0 CC 0 CD- 0 tip Current = 125 ft. Proposed = 200 ft. Stormwater * O V V CU = F: GU L C 15 GU u 11 GJ w E ,*, G) • E 2 ca. G, L ci O O �+- 0 •a > O 'O 0 cu G) s z j ]. . . f6 ra r cu i N ru E to .0 otU .0 O b A d. O R= aN N CU C ON i V^ O V I CL 9- M 0 I- RS V C. L I— ': X I- C 0 V1 Current: 12 month notice. Proposed: Remove notice requirement. Term of Agreement Current: 20 years, 1998-2018. Proposed: 20 years, 2018 -2038. COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 8b SUBJECT: Proposed Purchase of a portion of S 316th Street. POLICY QUESTION: Should the Council authorize the Mayor to purchase a portion of S 316th Street (King County Recording Number 20130213001253) in the amount of $500.00 and execute all associated documents? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other �1�. STAFF REPORT BY: besiree Winkler, P.E., Deputy Public Works Director Attachments: • Staff memo dated November 8, 2017 • Purchase and Sale Agreement DEPT: Public Works Options Considered: 1. Authorize the Mayor to purchase a portion of S 316th Street (King County Recording Number 20130213001253) in the amount of $500.00 and execute all associated documents. 2. Do not authorize the purchase of S 316th Street (King County Recording Number 20130213001253) and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1. MAYOR APPROVAL: N/A Committee G� _ C6uncil Initial/Date Initial /Date DIRECTOR APPROVAL: nitial/Date 31n COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move to authorize the Mayor to purchase a portion of S 316th Street (King County Recording Number 20130213001253) in the amount of $500.00 and execute all associated documents." (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: November 8, 2017 TO: City Council VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director 50Desiree S. Winkler, P.E. Deputy Public Works Director / Street Systems Manager SUBJECT: Portion of S 316`h Street Property Purchase (King County Recording Number 20130213001253) BACKGROUND Prior to City's incorporation, a 400+ foot section of S 316th Street east of Pacific Hwy was constructed by King County through a Road Improvement District (R.I.D.) to benefit the adjacent property development. Typically, the right -of -way required for the roadway cross section is dedicated to the public agency (in this case King County). The right -of -way was not dedicated, became defined through boundary line adjustments, and eventually was designated by King County Assessor as its own tax title parcel (herein after to be called "S 316th parcel "). The adjacent parcel owner continued to the pay property taxes on this "S 316`h parcel" until several years ago. Once property taxes became delinquent, the State of Washington and the Superior Court seized the property and deeded it to King County. King County has designated this property for surplus. The "S 316th parcel," (as other surplussed parcels), are to be sold by auction. However, the "S 316th parcel" was recognized by King County Assessor as the city street, and thereby approached the City to purchase the property. The proposed $500.00 negotiated purchase price is consistent with the price paid to utilities to release easements on acquired right -of -way to cover administrative costs only and does not reflect the actual value of the land. Once the property is deeded to the City, the property will be converted to and recorded as right -of -way. REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ( "Agreement ") is made and entered into by and between KING COUNTY, a political subdivision of the State of Washington (the "Seller ") and the city of Federal Way, a municipal corporation of the State of Washington (the "Buyer "). Seller and Buyer are also referred to herein individually as a "Party" or collectively as "Parties." This Agreement shall be effective as of the date it has been executed by both Parties ( "Effective Date "). RECITALS A. Seller is the owner of that certain real property being a portion of 316th St, Federal Way, State of Washington, the legal description of which is attached hereto as ExHIBIT A (the "Real Property "). B. The Real Property was the subject of a foreclosure order of the King County Superior Court and the Seller acquired the Real Property in trust for the taxing districts by deed under Recording Number 20130213001253 by virtue of RCW 84.64.200 in tax title status as the result of no qualifying bids being received at a tax foreclosure sale. C. Seller holds tax title properties in trust for the taxing districts as provided in RCW 36.35.020. D. Seller is conveying the Real Property to Buyer as provided for in RCW ch. 36.35; AGREEMENT Now, THEREFORE, in consideration of the promises and mutual covenants contained herein, and other valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties hereto covenant and agree as follows: ARTICLE 1. PURCHASE AND TRANSFER OF ASSETS 1.1. PROPERTY TO BE SOLD. Seller shall sell and convey to Buyer on the Closing Date (as hereinafter defined) and Buyer shall buy and accept from Seller on the Closing Date the following assets and properties: 1.1.1. all of Seller's right, title and interest in the Real Property as legally described in ExHIBIT A; 1.1.2. all of Seller's right, title and interest in improvements and structures located on the Real Property, if any; 1.1.3. all of Seller's right, title and interest in and to tangible personal property, if any, owned by Seller and attached, appurtenant to or used in connection with the Real Property Page 1 of 16 Tax Title PSA 316th Ave to Federal Way ( "Personal Property"); 1.1.4. all of Seller's easements and other rights that are appurtenant to the Real Property including but not limited to, Seller's right, title, and interest in and to streets, alleys or other public ways adjacent to the Real Property, sewers and service drainage easements, rights of connection to the sewers, rights of ingress and egress, and leases, licenses, government approvals and permits affecting the Real Property. Hereinafter, the items listed in Section 1.1 are collectively referred to as the "Property." ARTICLE 2. PURCHASE PRICE AND CLOSING 2.1. PURCHASE PRICE AND PAYMENT. In consideration of the conveyance of the Property, Buyer shall, in full payment therefore, pay to Seller on the Closing Date a total purchase price of Five Hundred and 00 /100 dollars ($500.00) (the "Purchase Price "). Within five (5) business days after the Effective Date, Buyer shall deliver to Seller immediately available cash funds in the amount of the Purchase Price ( "Deposit "). The Deposit shall be non - refundable except as otherwise provided in this Agreement. The Deposit will be applied as a credit against the Purchase Price at Closing that will result in full payment of the Purchase Price. 2.2. ALLOCATION OF PURCHASE PRICE. Seller and Buyer agree that the entire Purchase Price is allocable to the Real Property and that the value of the Personal Property, if any, is de minimis. ARTICLE 3. REPRESENTATIONS AND WARRANTIES OF BUYER, CONDITION OF PROPERTY AND TITLE 3.1. REPRESENTATIONS AND WARRANTIES OF BUYER'S AUTHORITY. As of the date hereof and as of the Closing Date, Buyer represents and warrants that: 3.1.1. ORGANIZATION. Buyer is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington. Buyer has all requisite corporate power and authority to carry on its business as it is now being conducted in the place where such businesses are now conducted. 3.1.2. EXECUTION, DELIVERY AND PERFORMANCE OF AGREEMENT, AUTHORITY. The execution, delivery and performance of this Agreement by Buyer (i) is within the powers of Buyer as a municipal corporation, and (ii) has been or will be on or before the Closing Date, duly authorized by all necessary action of the Buyer's governing authority. This Agreement constitutes the legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with the terms hereof. Page 2 of 16 Tax Title PSA 316th Ave to Federal Way 3.2. CONDITION OF PROPERTY. 3.2.1. SELLER DISCLOSURE STATEMENT. To the maximum extent permitted by RCW ch. 64.06, Buyer expressly waives its right to receive from Seller a seller disclosure statement ( "Seller Disclosure Statement ") and to rescind this Agreement, both as provided for in RCW ch. 64.06. Seller and Buyer acknowledge and agree that Buyer cannot waive its right to receive the section of the Seller Disclosure Statement entitled "Environmental" (which is contained in Section 6 of the form) if the answer to any of the questions in that section would be "yes." Nothing in any Seller Disclosure Statement delivered by Seller creates a representation or warranty by Seller, nor does it create any rights or obligations in the Parties except as set forth in RCW ch. 64.06. Buyer is advised to use its due diligence to inspect the Property as allowed for by this Agreement, and that Seller may not have knowledge of defects that careful inspection might reveal. Buyer specifically acknowledges and agrees that any Seller Disclosure Statement delivered by Seller is not part of this Agreement, and Seller has no duties to Buyer other than those set forth in this Agreement. 3.2.2. SELLER DISCLAIMER OF CONDITION OF THE PROPERTY. Seller has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, contracts or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning, or with respect to the value, nature, quality, or condition of the Property (collectively "Condition of the Property "), including, without limitation: (a) The water, soil and geology; (b) The income to be derived from the Property; (c) The suitability of the Property for any and all activities and uses that Buyer or anyone else may conduct thereon; (d) The compliance or noncompliance of or by the Property or its operation with any laws, rules, ordinances, regulations or decrees of any applicable governmental authority or body or the zoning or land use designation for the Property; (e) The habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Property; (f) The manner or quality of the construction or materials, if any, incorporated into the Property and the existence, nonexistence or condition of utilities serving the Property; (g) The actual, threatened or alleged existence, release, use, storage, generation, manufacture, transport, deposit, leak, seepage, spill, migration, escape, disposal or other handling of any Hazardous Substances in, on, under or emanating from or into the Property, and the compliance or noncompliance of or by the Property or its operation with applicable federal, state, county and local laws and regulations, including, without limitation, Page 3 of 16 Tax Title PSA 316th Ave to Federal Way Environmental Laws and regulations and seismic /building codes, laws and regulations. For purposes of this Agreement, the term "Environmental Law" shall mean: any federal, state or local statute, regulation, code, rule, ordinance, order , judgment, decree, injunction or common law pertaining in any way to the protection of human health, safety, or the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9602 et. seq. ( "CERCLA "); the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. ( "RCRA "); the Washington State Model Toxics Control Act, RCW ch. 70.105D ( "MTCA "); the Washington Hazardous Waste Management Act, RCW ch. 70.105; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Washington Water Pollution Control Act, RCW ch. 90.48, and any laws concerning above ground or underground storage tanks. For the purposes of this Agreement, the term "Hazardous Substance" shall mean: any waste, pollutant, contaminant, or other material that now or in the future becomes regulated or defined under any Environmental Law; or (h) Any other matter with respect to the Property. 3.2.3. BUYER ACCEPTANCE OF CONDITION OF PROPERTY. (a) Buyer acknowledges and accepts Seller's disclaimer of the Condition of the Property in Section 3.2.2 of this Agreement. (b) Buyer is relying solely on its own investigation of the Property and is not relying on any information provided or to be provided by Seller. Buyer further acknowledges and agrees that any information provided or to be provided with respect to the Property was obtained from a variety of sources and that Seller has not made any independent investigation or verification of such information and makes no representations as to the accuracy or completeness of such information and no employee or agent of Seller is authorized otherwise. Buyer further acknowledges and agrees that Seller is not liable or bound in any manner by any verbal or written statements, representations, or information pertaining to the Property, or the operation thereof, furnished by any agent, employee, or contractor of Seller, any real estate broker, or any other person. (c) Buyer approves and accepts the Condition of the Property and agrees to purchase the Property and accept the Condition of the Property "AS IS, WHERE IS" with all faults and patent or latent defects, including, without limitation, the actual, threatened or alleged existence, release, use, storage, generation, manufacture, transport, deposit, leak, seepage, spill, migration, escape, disposal or other handling of any Hazardous Substances in, on, under or emanating from or into the Property, and the compliance or noncompliance of or by the Property or its operation with applicable federal, state, county and local laws and regulations including, without limitation, Environmental Laws and regulations and seismic/building codes, laws and regulations. Buyer shall have no recourse against Seller for, and waives, releases and discharges forever Seller from, any and all past, present or future claims or demands, and any and all past, present or future damages, losses, injuries, liabilities, causes of actions (including, without limitation, causes of action in tort) costs and expenses (including, without limitation fines, penalties and judgments, and attorneys' fees) of any and every kind or character, known or unknown (collectively, "Losses "), which the Buyer might have asserted or alleged against Seller Page 4 of 16 Tax Title PSA 316th Ave to Federal Way arising from or in any way related to the Condition of the Property, including, without limitation, the actual, threatened or alleged existence, release, use, storage, generation, manufacture, transport, deposit, leak, seepage, spill, migration, escape, disposal or other handling of any Hazardous Substances in, on, under or emanating from or into the Property. Losses shall include without limitation (a) the cost of any investigation, removal, remedial or other response action that is required by any Environmental Law, that is required by judicial order or decree or by order of or agreement with any governmental authority, or that is conducted voluntarily, (b) losses for injury or death of any person, and (c) losses arising under any Environmental Law, whether or not enacted after transfer of the Property. 3.2.4. INDEMNIFICATION. From and after the Closing Date, Buyer shall indemnify, defend and hold Seller, its officers, agents and employees harmless from and against any and all losses, liability, claim, agency order or requirement, damage and expense relating to or arising out of, directly or indirectly, the Property, including without limitation those relating to the actual or threatened release, disposal, deposit, seepage, migration or escape of Hazardous Substances at, from, into or underneath the Property, and the compliance or noncompliance of the Property with applicable federal, state, county and local laws and regulations including, without limitation, Environmental Laws and regulations. 3.2.5 INDEMNIFICATION TITLE 51 WAIVER. The indemnification provisions in Sections 3.2.4 of this Agreement is specifically and expressly intended to constitute a waiver of the Buyer's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects Seller only, and only to the extent necessary to provide Seller with a full and complete indemnity of claims made by Buyer's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 3.3 TITLE. Seller shall convey to Buyer the title to the Property by Quit Claim Deed in substantially the form attached hereto as EXHIBIT B. In conveying the Property by Quit Claim Deed, Seller makes no title warranties whatsoever and Buyer takes subject to all easements, leases, licenses, conditions, encroachments, restrictions, liens, taxes, assessments, fees, charges and other encumbrances (together "Encumbrances ") whether such Encumbrances are of record or not. The Parties acknowledge and intend that any property interests in the Property in favor of the County in effect prior to the acquisition of the Property by the County at the tax foreclosure sale pursuant to RCW 84.64.200 did not merge with the County's tax title ownership of the Property and remain in full force and effect. ARTICLE 4. CLOSING 4.1. CLOSING. The Closing shall occur within fifteen (15) business days of the Effective Date. At the Closing, Seller shall execute the Quit Claim Deed, a Bill of Sale in substantially the form of Exhibit C, and a Certificate of Non - Foreign Status substantially in the form of Exhibit D, shall record the executed Quit Claim Deed, and shall have the original Quit Page 5 of 16 Tax Title PSA 316th Ave to Federal Way Claim Deed, Bill of Sale and Certificate of Non - Foreign Status mailed to Buyer at the address provided in Section 5.4 of this Agreement. Seller shall not be responsible for payment of any taxes, assessments, fees or other charges related to the Property. The Deposit shall be applied as a credit against the Purchase Price at the Closing and retained by the County. ARTICLE 5. MISCELLANEOUS PROVISIONS 5.1. NON- MERGER. Each statement, representation, warranty, indemnity, covenant, agreement and provision in this Agreement shall not merge in, but shall survive the Closing of the transaction contemplated by this Agreement unless a different time period is expressly provided for in this Agreement. 5.2. DEFAULT AND ATTORNEYS' FEES. 5.2.1. DEFAULT BY BUYER. In the event Closing does not occur due to default by Buyer, Seller's sole and exclusive remedy shall be to terminate this Agreement and retain five percent (5 %) of the Deposit as liquidated damages. Buyer expressly agrees that the retention of the Deposit by Seller represents a reasonable estimation of the damages in the event of Buyer's default, that actual damages may be difficult to ascertain and that this provision does not constitute a penalty. Buyer and Seller acknowledge and agree that these damages have been specifically negotiated and are to compensate Seller for taking the Property off the market and for its costs and expenses associated with this Agreement. 5.2.2. DEFAULT BY SELLER. In the event Closing does not occur due to default of Seller, Buyer's sole and exclusive remedy shall be to terminate this Agreement and receive a refund of the Deposit. 5.2.3. ATTORNEY'S FEES. In any action to enforce this Agreement, each Party shall bear its own attorney's fees and costs. 5.3. TIME. 5.3.1. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this Agreement. 5.3.2. COMPUTATION OF TIME. Any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. 5.4. NOTICES. Any and all notices or other communications required or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have been duly given upon receipt when personally delivered or sent by overnight courier or two days after deposit in the United States mail if by first class, certified or registered mail, return Page 6 of 16 Tax Title PSA 316th Ave to Federal Way receipt requested. All notices shall be addressed to the Parties at the addresses set forth below or at such other addresses as a Party may specify by notice to the other Party and given as provided herein: If to Buyer: If to Seller: Marwan Salloum, P.E. Public Works Director, City of Federal Way 33325 8th Ave S Federal Way, WA 98003 -6325 King County Real Estate Services, ADM -ES -0830 500 Fourth Avenue, Room 830 Seattle, WA 98104 -2337 Attn: Steve Rizika 5.5. ENTIRE AGREEMENT AND AMENDMENT. This writing (including the Exhibits attached hereto) constitutes the entire agreement of the Parties with respect to the subject matter hereof and may not be modified or amended except by a written agreement specifically referring to this Agreement and signed by all Parties. 5.6. SEVERABILITY. In the event any portion of this Agreement shall be found to be invalid by any court of competent jurisdiction, then such holding shall not impact or affect the remaining provisions of this Agreement unless that court of competent jurisdiction rules that the principal purpose and intent of this contract should and/or must be defeated, invalidated or voided. 5.7. WAIVER. No waiver of any breach or default hereunder shall be considered valid unless in writing and signed by the Party giving such waiver and no such waiver shall be deemed a waiver of any prior or subsequent breach or default. 5.8. BINDING EFFECT. Subject to Section 5.13 below, this Agreement shall be binding upon and inure to the benefit of each Party, its successors and assigns. 5.9. LEGAL RELATIONSHIP. The Parties to this Agreement execute and implement this Agreement solely as Seller and Buyer. No partnership, joint venture or joint undertaking shall be construed from this Agreement. 5.10. CAPTIONS. The captions of any articles, paragraphs or sections contained herein are for purposes of convenience only and are not intended to define or limit the contents of said articles, paragraphs or sections. 5.11. GOVERNING LAW AND VENUE. This Agreement and all amendments hereto shall be governed by and construed in accordance with the laws of the State of Washington applicable to contracts made and to be performed therein, without giving effect to its conflicts of law rules or choice of law provisions. In the event that either Party shall bring a lawsuit related to or Page 7 of 16 Tax Title PSA 316th Ave to Federal Way arising out of this Agreement, the Superior Court of King County, Washington shall have exclusive jurisdiction and venue. 5.12. No THIRD PARTY BENEFICIARIES. This Agreement is made only to and for the benefit of the Parties, and shall not create any rights in any other person or entity. 5.13. ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder without Seller's prior written consent. 5.14. NEGOTIATION AND CONSTRUCTION. This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the Parties, and shall not be construed as if it has been prepared by one of the Parties, but rather as if both Parties had jointly prepared it. The language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either Party. The Parties acknowledge and represent, as an express term of this Agreement, that they have had the opportunity to obtain and utilize legal review of the terms and conditions outlined in this Agreement. Each Party shall be and is separately responsible for payment of any legal services rendered on their behalf regarding legal review of this Agreement. 5.15. COUNTERPARTS. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each Party, or that the signature of all persons required to bind any Party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this Agreement to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each Party hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter may be attached to another counterpart identical thereto except having attached to it additional signature pages. 5.16. EXHIBITS. The following exhibits described herein and attached hereto are fully incorporated into this Agreement by this reference: EXHIBIT A Legal Description EXHIBIT B Quit Claim Deed EXHIBIT C Bill of Sale and Assignment EXHIBIT D Certificate of Non - Foreign Status Page 8 of 16 Tax Title PSA 316th Ave to Federal Way EXECUTED on the dates set forth below. SELLER: KING COUNTY BUYER: FEDERAL WAY By: By: Name: Anthony Wright Name: Title: Director, Facilities Management Division Title: Date: Date: APPROVED AS TO FORM: By: Name: T. MacKenzie Brown Title: Deputy Prosecuting Attorney Page 9of16 Tax Title PSA 316`h Ave to Federal Way EXHIBIT A. LEGAL DESCRIPTION THAT PORTION OF LOT 2, REVISED KING COUNTY SHORT PLAT NO. 1280064, RECORDED UNDER RECORDING NO. 8105150882, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 09 TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89 °50'01" EAST 348.82 FEET TO A POINT 300 FEET EAST OF THE EAST MARGIN OF PACIFIC HIGHWAY SOUTH AS ESTABLISHED 100 FEET IN WIDTH, THE SOUTHWEST CORNER OF SAID LOT 2 AND THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 630.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 00 °09'59" WEST); THENCE EASTERLY 134.58 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°14'20" TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 690.00 FEET; THENCE EASTERLY 147.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°14'20"; THENCE SOUTH 89 °50'01" EAST 622.79 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 27.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 42.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °21'32" TO A POINT OF CUSP WITH THE WEST MARGIN OF 20TH AVENUE SOUTH, AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 7801200908, RECORDS OF SAID COUNTY; THENCE ALONG SAID WEST MARGIN SOUTH 00°11'33" EAST 57.17 FEET TO SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE ALONG SAID SOUTH LINE NORTH 89 °50'01" WEST 929.97 FEET TO THE TRUE POINT OF BEGINNING. APN 092104- 9325 -01 Page 10 of 16 Tax Title PSA 316`h Ave to Federal Way AFTER RECORDING RETURN TO: Marwan Salloum, P.E. Public Works Director 33325 8th Ave S Federal Way, WA 98003 -6325 EXHIBIT B QUIT CLAIM DEED QUIT CLAIM DEED Grantor - - King County, Washington Grantee - - City of Federal Way Legal - - - - PTN OF LOT 2 SP 1280064 09- 21N -4E Tax Acct. — 092104 - 9325 -01 The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of the sum of $500.00, conveys and quitclaims to Grantee, City of Federal Way, a Municipal Corporation of the State of Washington, the following real property situated in King County, Washington and described in EXHIBIT A, attached hereto and incorporated herein by this reference including after acquired title. GRANTOR KING COUNTY BY: Anthony Wright, Director, Facilities Management Division DATE: Approved as to Form: BY: T. MacKenzie Brown Deputy Prosecuting Attorney NOTARY BLOCK APPEARS ON NEXT PAGE Page 11 of 16 Tax Title PSA 316`h Ave to Federal Way NOTARY BLOCK FOR KING COUNTY STATE OF WASHINGTON) COUNTY OF KING ) SS ) On this day of , 201_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ANTHONY WRIGHT, to me known to be the Director of the Facilities Management Division of the King County Department of Executive Services, and who executed the foregoing instrument and acknowledged to me that HE was authorized to execute said instrument on behalf of KING COUNTY for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Signature Printed Name Notary Public in and for the State of Washington, residing at City and State My appointment expires Page 12 of 16 Tax Title PSA 316th Ave to Federal Way EXHIBIT A To Quit Claim Deed Legal Description THAT PORTION OF LOT 2, REVISED KING COUNTY SHORT PLAT NO. 1280064, RECORDED UNDER RECORDING NO. 8105150882, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 09 TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89 °50'01" EAST 348.82 FEET TO A POINT 300 FEET EAST OF THE EAST MARGIN OF PACIFIC HIGHWAY SOUTH AS ESTABLISHED 100 FEET IN WIDTH, THE SOUTHWEST CORNER OF SAID LOT 2 AND THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 630.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 00 °09'59" WEST); THENCE EASTERLY 134.58 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°14'20" TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 690.00 FEET; THENCE EASTERLY 147.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°14'20"; THENCE SOUTH 89 °50'01" EAST 622.79 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 27.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 42.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °21'32" TO A POINT OF CUSP WITH THE WEST MARGIN OF 20TH AVENUE SOUTH, AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 7801200908, RECORDS OF SAID COUNTY; THENCE ALONG SAID WEST MARGIN SOUTH 00°11'33" EAST 57.17 FEET TO SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE ALONG SAID SOUTH LINE NORTH 89 °50'01" WEST 929.97 FEET TO THE TRUE POINT OF BEGINNING. APN 092104 - 9325 -01 Page 13 of 16 Tax Title PSA 316`h Ave to Federal Way EXHIBIT C. BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE is made as of this day of , 2017, by KING COUNTY, a political subdivision of the State of Washington ( "Seller "), in favor of Federal Way, a municipal corporation of the state of Washington ( "Buyer "). NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Seller does hereby absolutely and unconditionally give, grant, bargain, sell, transfer, set over, assign, convey, release, confirm and deliver to Buyer all of Seller's right, title and interest in and to any and all equipment, furniture, furnishings, fixtures and other tangible personal property owned by Seller that is attached, appurtenant to or used in connection with the real property legally described on the attached Exhibit A. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written. SELLER: By: Name: Anthony Wright Title: Director, Facilities Management Division Page 14 of 16 Tax Title PSA 316th Ave to Federal Way EXHIBIT A To Bill of Sale and Assignment Legal Description THAT PORTION OF LOT 2, REVISED KING COUNTY SHORT PLAT NO. 1280064, RECORDED UNDER RECORDING NO. 8105150882, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 09 TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89 °50'01" EAST 348.82 FEET TO A POINT 300 FEET EAST OF THE EAST MARGIN OF PACIFIC HIGHWAY SOUTH AS ESTABLISHED 100 FEET IN WIDTH, THE SOUTHWEST CORNER OF SAID LOT 2 AND THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 630.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 00 °09'59" WEST); THENCE EASTERLY 134.58 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°14'20" TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 690.00 FEET; THENCE EASTERLY 147.39 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°14'20"; THENCE SOUTH 89 °50'01" EAST 622.79 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 27.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 42.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 °21'32" TO A POINT OF CUSP WITH THE WEST MARGIN OF 20TH AVENUE SOUTH, AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 7801200908, RECORDS OF SAID COUNTY; THENCE ALONG SAID WEST MARGIN SOUTH 00°11'33" EAST 57.17 FEET TO SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE ALONG SAID SOUTH LINE NORTH 89 °50'01" WEST 929.97 FEET TO THE TRUE POINT OF BEGINNING. APN 092104 - 9325 -01 Page 15 of 16 Tax Title PSA 316th Ave to Federal Way EXHIBIT D. Seller's Certification of Non - Foreign Status under Foreign Investment in Real Property Tax Act (26 U.S.C. 1445) Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by King County ( "Transferor "), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor is not a disregarded entity as defined in Section 1.1445- 2(b)(2)(iii); 3. Transferor's U.S. employer identification number is 91- 6001327; 4. Transferor's office address is King County Facilities Management Division, Real Estate Services Section, Room 800 King County Administration Building, 500 Fourth Avenue, Seattle, WA 98104. Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Transferor. Dated this day of , 201_. King County, Transferor: By: Name: Anthony Wright Title: Director, Facilities Management Division Page 16 of 16 Tax Title PSA 316th Ave to Federal Way 121049166 0 9210491 63 0921049111 09210493 04 N 2-1049293 6 31646921049292 J =z 3 W uU 3 y. d�a 1E e.h o0 '2'4;13 9 0 C 0 G) a O 3 4 C NE E c c m E 8�o ob y 2^aEE �E 1Vy01�� O N En N Yl � cO�ff Qp 2 o c y E c m m Y t.E o a o .b 61 .c Q CO §“V-.)3 C 0 o.➢ Up� U G 8 N O � O r� O N aL O Y 2 c.E a2 S..2.g co °•E E 0 n o aL . E U y m cY g1LO -N ,6S 2 Eo axi E o c c 3 L c a 1) � N O L co b N h. 0 COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: 2017 -2019 TRANSPORTATION DEMAND MANAGEMENT IMPLEMENTATION AGREEMENT POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with the Washington State Department of Transportation (WSDOT) allowing the State to reimburse the City its proportionate share of the technical assistance funding for implementing the State Commute Trip Reduction (CTR) law? COMMITTEE: Land Use & Transportation Committee MEETING DATE: Nov. 6, 2017 CATEGORY: ® Consent ❑ City Council Business Ordinance n Resolution [ Public Hearing ❑ Other STAFF REPORT BY: Sarady Long, Senior Trans. Planning Engineer DEPT: Public Works — Traffic Div. Attachments: Memorandum to the Land Use and Transportation Committee dated October 10, 2017. Exhibit 1; Project Scope of Work Options Considered: 1. Authorize the Mayor to enter into an agreement with WSDOT to accept state CTR technical funds in amount of $38,869 for the 2017 — 2019 biennium. 2. Do not authorize the Mayor to enter into an agreement with WSDOT and implement CTR program as required by state law and local CTR ordinance without the State CTR technical fund. The City would need to allocate budget in the amount of $38,869 for the 2017 — 2019 biennium. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 2k, 2017 City Council Consent Agenda or approval. MAYOR APPROVAL: Co lttee Initial/Date Cou Initial/Date DIRECTOR APPROVAL: Initial/Date It,117 COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement with WSDOT to the November 21, 2017 consent agenda for approval. Committee Chair • 43 A Committee ember Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Transportation Demand Management Implementation Agreement with WSDOT to accept the state CTR fund in the amount of $38,869, effective July 1, 2017 through June 30, 2019, and authorize the Mayor to sign said agreement." (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: October 10, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Director of Public Works Sarady Long, Senior Transportation Planning Engineer SUBJECT: 2017 — 2019 Transportation Demand Management Implementation Agreement BACKGROUND: The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City for developing and implementing the Commute Trip Reduction (CTR) programs as required by State law. The CTR program requires a two -year agreement with WSDOT from July 1, 2017 through June 30, 2019. The purpose of the agreement is to allow the State to reimburse the City its proportionate share of the technical assistance funding. The work performed under this agreement is as described in the attached EXHIBIT I, Project Scope of Work Commute Trip Reduction (CTR). The City's current CTR agreement with WSDOT has expired and a new agreement is required to receive funding. The agreement capped funding allocation to the City at $38,869.00 for the July 1, 2017 through June 30, 2019 biennium. As in the past, due to workload and expertise the City will continue to use the funding allocation from WSDOT to contract with King County for their CTR support services. Staff will present this contract to the LUTC and Council committee as a separate agenda item. cc: Project File Day File Transportation Demand Management Implementation Agreement Washington State Department of Transportation 310 Maple Park Avenue SE PO Box 47387 Olympia, WA 98504 -7387 Contact Person: Kathy Johnston 360- 705 -7845 Contractor City of Federal Way 33325 8th Avenue S. PO Box 9718 Federal Way, WA 98063 Contact Person: Sarady Long 253 - 835 -2743 Project Cost: State Funds $38,869 Contractor Funds $ Total Project Cost $38,869 Federal ID #: 91- 1462550A Scope of Project: As set forth in Exhibit 1, Project Scope of Work. Agreement Number: GCB2751 UPIN: PTTD812 Term of Project: July 1, 2017 through June 30, 2019 Service Area: Federal Way This AGREEMENT is entered into by the Washington State Department of Transportation, hereinafter referred to as " WSDOT" and the 'Contractor identified above, hereinafter referred to as "CONTRACTOR ", and/or individually referred to as the 'PARTY" and collectively referred to as the "PARTIES." WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state's leadership role, and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through commute trip reduction programs, including transportation demand management programs for growth and transportation efficiency centers ( "GTEC ") in Washington State; and WHEREAS, RCW 47.06.050 requires that when planning capacity and operational improvements, the State's first priority is to assess strategies to enhance the operational efficiency of the existing system, and states that strategies to enhance the operational efficiencies include, but are not limited to, access management, transportation system management, and demand management ("Strategies "); and WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per capita vehicle miles traveled, to consider efficiency tools including commute trip reduction and other demand management tools, and to promote the integration of multimodal planning in support of the transportation system policy goals described in RCW 47.04.280; and WHEREAS, the Legislature has directed the State to increase the integration of public transportation and the highway system, to facilitate coordination of transit services and planning, and to maximize opportunities to use public transportation to improve the efficiency of transportation corridors (RCW 47.01.330); and WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify opportunities for cooperation to achieve statewide and local transportation goals; and WHEREAS, the State of Washington in its Sessions Laws of 2017, Chapter 313 Section 220 (6) and (7), authorizes funding for Public Transportation and Commute Trip Reduction programs and other special proviso funding through the multi -modal transportation account as identified in the budget through its 2017 -2019 biennial appropriations to WSDOT; and WHEREAS the WSDOT Public Transportation Division is responsible for administering funds on behalf of the Washington State Legislature; NOW, THEREFORE, in consideration of terms, conditions, performances and mutual covenants herein set forth and the attached Exhibit 1, "Project Scope of Work," and Exhibit 2, "Project Progress Reports," Exhibit 3, Invoice Voucher Template and Exhibit 4, Final Project Progress Report, IT IS MUTUALLY AGREED AS FOLLOWS: GCB2751 Page 1 of 13 Section 1 Purpose of Agreement A. The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555, hereinafter known as the "Project." B. If this AGREEMENT is used as match for any other related projects with federal funds, in addition to the requirements of Sections 1 through 22 of this AGREEMENT, the CONTRACTOR must assume full responsibility for complying with all federal rules and regulations consistent with the requirements imposed by use of the federal funds on any such related project(s), including but not limited to Title 23 of the U.S. Code, Highways, as applicable, the regulations issued pursuant thereto, 2 CFR Part 200, and 2 CFR Part 1201. The CONTRACTOR must also assume full responsibility for compliance with Federal Highway Administration's (FHWA) Required Contract Provisions Federal -Aid Construction Contracts, FHWA 1273, which may be found here, https: / /www.fhwa. dot. gov /programadmin /contracts /1273/1273.pdf , and any amendments thereto; and/or the Federal Transit Administration Master Agreement 23, which may be found here, https: / /www. transit. dot.gov/ sites /fta. dot.gov/ files /FTA %20 Master %20Agreement %20FY2017 %20 %2010 -1- 2016.pdf, and any amendments thereto. Section 2 Scope of Work The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in Exhibit 1, "Project Scope of Work," attached hereto and by this reference is incorporated into this AGREEMENT. Section 3 Term of Project The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space header above titled "Term of Project" of this AGREEMENT regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header above entitled' "Term of Proj ect" and all caption space headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein. Section 4 Project Costs The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the "State Funds" detailed in the caption space header above titled "Project Costs." The CONTRACTOR agrees to expend eligible "State Funds" together with any "Contractor Funds" identified above in the caption space header "Project Costs," in an amount sufficient to complete the Project as detailed in Exhibit 1, "Project Scope of Work." If at any time the CONTRACTOR becomes aware that the cost that it expects to incur in the performance of this AGREEMENT will differ from the amount indicated in the caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in writing within three (3) business days of making that determination. Section 5 Reimbursement and Payment A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs and expenditures incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial information as required in Section 7 — Progress Reports may delay payment. The CONTRACTOR must submit an invoice using either State of Washington Form A -19 (Invoice Voucher), a copy of which is attached hereto as Exhibit 3 and by this reference incorporated into this AGREEMENT or a format approved by WSDOT. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice. B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an invoice for completed work in the same state fiscal period, as defined in RCW 43.88, starting on July 1 and ending on June 30 the following year within the timeframe set forth in the caption space header of this AGREEMENT entitled "Term of Project" during which the work was performed. Reimbursement requests must be received by July 15 of each state fiscal period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. Any payment request received after the timeframe prescribed above will not be eligible for reimbursement. GCB2751 Page 2 of 13 Section 6 Project Records The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts within the framework of an established accounting system in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 7 Progress Reports The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may adequately and accurately assess the progress made under the terms of this AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the forms provided in Exhibit 2, "Project Progress Report" and/or as provided and modified by WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT. The CONTRACTOR shall provide a final progress report, as prescribed in Exhibit 4, "Final Project Progress Report" and/or as provided by WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT, with any changes to the form applied according to the agreement modification process in Section 9. Progress reports shall be submitted to WSDOT no later than forty -five (45) days from the end of each calendar quarter. Section 8 Audits, Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the CONTRACTOR's records with respect to all matters covered by this AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the Project final payment date. However, in case of audit or litigation extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation is completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any subcontractors of CONTRACTOR comply with the provisions of this section and provide, WSDOT, the State Auditor, and any of their representatives, access to such records within the scope of this AGREEMENT. Section 9 Agreement Modifications A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto, provided, however, that changes to the project title, federal ID number, UPIN the contact person of either PARTY, or dollar amount changes that do not affect the project total cost, will not require a written amendment, but will be approved and documented by WSDOT through an administrative revision. WSDOT shall notify the CONTRACTOR of the revision in writing. B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project and /or the Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such reduction of funding. Section 10 Recapture Provision In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty (30) days of demand. GCB2751 Page 3 of 13 Section 11 Disputes A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this AGREEMENT the CONTRACTOR may submit a written detailed description of the dispute to the WSDOT Public Transportation Division's Statewide Transportation Demand Management Programs Manager or the WSDOT Public Transportation Statewide Transportation Demand Management Programs Manager's designee who will issue a written decision within ten calendar (10) days of receipt of the written description of the dispute. This decision shall be final and conclusive unless within ten calendar (10) days from the date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director's designee. In connection with any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support of its position. The CONTRACTOR's appeal shall be decided in writing within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. Section 12 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However, if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project; 6. In the case of termination for convenience under subsections A.1 -5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or GCB2751 Page 4 of 13 4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the AGREEMENT to be terminated or discontinued before the specified end date set forth in the caption header, "Term of Project ", shall require WSDOT to amend the AGREEMENT to reflect the termination date and reason for termination. Section 13 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 14 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default. Section 15 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered to the CONTRACTOR. Section 16 Limitation of Liability and Indemnification A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims "), of whatsoever kind or nature brought against WSDOT arising out of in connection with or incident to this AGREEMENT and /or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the acts or omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. GCB2751 Page 5 of 13 B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 17 Governing Law, Venue, and Process This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. Section 18 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable State laws and regulations, including, but not limited to those concerning employment, equal opportunity employment, nondiscrimination assurances, Project record keeping necessary to evidence AGREEMENT compliance, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act of 1990 (ADA), Public Law 101 -336, including any amendments thereto which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public accommodations, state and local government services and telecommunication. Section 19 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 20 Counterparts This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof. Section 21 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington, Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Section 22 Binding Agreement The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein. GCB2751 Page 6 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. WASHINGTON STATE CONTRACTOR DEPARTMENT OF TRANSPORTATION Brian Lagerberg, Director Authorized Representative Public Transportation Division ita�o - Title Jim Ferrell Print Name Date Date APPROVED AS TO FORM BY: Susan Cruise Assistant Attorney General 9/11/2017 Date GCB2751 Page 7 of 13 EXHIBIT 1 Project Scope of Work Commute Trip Reduction (CTR) 1. Scope of Work A. Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner. The administrative work plan will include the following elements: 1. The work plan shall identify the deliverables, schedule, expected outcomes, performance measures and the budget specific to strategies associated with this AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include, but are not limited to, recruiting new employer worksites, reviewing employer programs, administering surveys, reviewing program exemption requests, providing employer training, providing incentives, performing promotion and marketing, and providing emergency ride home and other commuter services. 2. The administrative work plan budget shall identify how the CONTRACTOR will use the state funds provided in this AGREEMENT for each task. The work plan shall also provide an estimate of the other financial resources not provided in this AGREEMENT that will be used to complete each task. 3. The administrative work plan must be approved in writing by the WSDOT Project Manager, and shall be incorporated as a written amendment to the AGREEMENT. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a written amendment to this AGREEMENT. B. Work to be Performed The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction (CTR) ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The CONTRACTOR agrees to implement a CTR program based on the approved administrative work plan and the draft or adopted local CTR plan and to comply with all provisions of the applicable county or city ordinance. C. Use of State Funds for Incentives // The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR. D. Quarterly Progress Reports and Invoices The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified by WSDOT in Section 7 — Progress Reports of the AGREEMENT, in Exhibit 2, "Proj ect Progress Report", and as integrated with the deliverables identified in the administrative work plan, along with all invoices in accordance with Section 5 — Reimbursement and Payment of the AGREEMENT. All invoices shall be complete and accurately reflect actual State funded expenditures. Only those activities identified in the CONTRACTOR'S approved administrative work plan will be reimbursed by WSDOT. E. Final Progress Report The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of which is attached hereto as Exhibit 4, "Final Project Progress Report," to replace the last quarterly progress GCB2751 Page 8 of 13 report in the period of the AGREEMENT. The final progress report shall provide an estimate of any other financial resources not provided in this AGREEMENT that were used to complete each task and shall provide a list of the funds provided in this AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting partner(s). F. Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94.544, and by ordinances adopted pursuant to RCW 70.94.527(5). G. Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of such CTR and/or GTEC plans, and in compliance with applicable ordinances. H. Appeals and Modifications The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures section contained in the CTR Guidelines which may be obtained from WSDOT or found at http://www.wsdot.wa.gov/Transit/CTR/law.htm. I. Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. J. Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip reduction employer surveys. K. Planning Data The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. L. Database Updates The CONTRACTOR agrees to provide WSDOT and the CON I RACTOR's contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a format specified by WSDOT. GCB2751 Page 9 of 13 EXHIBIT 2 Project Progress Report Commute Trip Reduction (CTR) Quarterly Project Report Reporting quarter: Date: Organization: Agreement number: Biennial targets Estimate of drive -alone trips to reduce to meet goal: Key deliverables: (from administrative work plan) • Completed activities this quarter • Planned activities for next quarter • Describe issues, risks or challenges and resolutions • Estimated expenditures of state funds for this quarter • GCB2751 Page 10 of 13 Stow of Tien EXHIBIT 3 Invoice Voucher Template INVOICE VOUCHER Etna a scan of the signed original with snnpporfinp documents M required to wa.gor and Cc to the assigned Cwrmady Liaison Srbjed: 0 0 MINORITY BUSIESSES MARK BBOX ES) F APPROPRIATE M cab E t3 'VENDOR OR CLAMANT IWARRANT TO BE PAYABLE TO WIDOWS C131TIFICATE.1 hear by certify p e1iiythatfie AMPS and total listed herein for materials, merchandise or seuaes furbished Washington, and tat of goods furnished rerrdeed hare been provided arilhot discxirnifcativa glands of race, Dread. =for, National Down, By i'SIGt4A.TLfiE iN liiK --- --- --- order pen t of are =per thaws to the State of and . or sertiaes ors the sec cr ape. ---- - --- - --- - FEDERAL. W. NO. OR SOCIAL rsatrmgats to LR.S) INSTRUCTIONS DATE SECURITY NO. (for reporting personal service vice calm t TO VENDOR OR CLAIMANT: Show complete DESCRIPTION TTLE detail for each item DATE below. CUR RENT EXPEEXPENDITURES DITU [MTURES NUMBER TOM ImplementationtAdrrinistration and Etr>ploryer Spot VOUCHER s 2P6773- Eropiriltter TrainrgiNietwortsing NZ13 631020 S0.0G Total BiNed This Period _ $0.00 AGREEMENT PROGRAM DESCRIPTION BILL= PERIOD IDIGICE IiINIBER 2015-17 TDM Implementation 0 F OT ONLY GCB2751 ON Revered byCarmrnrnIty Lawn Approved by Business Services Staff Page 11 of 13 ACCOUNTING CLASSIFIC JOB I�ER K oi, SUB tBJ NUMBER WT ANOUIQ VOUCHER s 2P6773- 0723 NZ13 631020 S0.0G GCB2751 ON Revered byCarmrnrnIty Lawn Approved by Business Services Staff Page 11 of 13 EXHIBIT 4 Final Project Progress Report Commute Trip Reduction (CTR) Final Project Report Biennium: 2015 -2017 Date: Outcomes met? Organization: Agreement number: GCB Biennial targets Estimate of drive -alone trips to reduce to meet goal: • Deliverables: (from administrative work plan) • Describe your progress on each of your deliverables this biennium. • Did you meet your targets for this biennium? Why or why not? What were your major successes this biennium? How did they help you make progress toward the goals in your jurisdiction's CTR plan(s) and /or work plans /scope of work? • What were your major challenges this biennium? How did they hinder your progress toward the goals in your jurisdiction's CTR plan(s) and /or work plans /scope of work? • How do you measure the performance of your strategies? • What did you learn this biennium? • What would help you be more successful in the future? Please be specific (If it's more resources, how much and what would they be for, etc.). • For each of the strategies in your administrative work plan, describe your expected outcomes, whether you met those outcomes, and why or why not. Strategy Expected outcomes Performance measures Outcomes met? Why or why not? GCB2751 Page 12 of 13 If your organization used other financial resources besides state CTR funds to implement the activities in your administrative work plan for this agreement, please provide the information below. Source of local funds Estimated funds spent this agreement How the funds were used Total local funds: If your organization disbursed any state CTR funds to other organizations to implement the activities in your administrative work plan for this agreement, please list the total amount disbursed for the biennium below. Organization Total disbursed this agreement Purpose of disbursal Total disbursement: GCB2751 Page 13 of 13 COUNCIL MEETING DATE: November 21, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 8d SUBJECT: 2017 - 2019 COMMUTE TRIP REDUCTION (CTR) PROGRAM IMPLEMENTATION AGREEMENT WITH KING COUNTY POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with King County for CTR program implementation? COMMITTEE: Land Use & Transportation Committee MEETING DATE: Nov. 6, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Council Business In Resolution Other STAFF REPORT BY: Sarady Long, Senior Trans. Planning Engineer DEPT: Public Works — Traffic Div. Attachments: Memorandum to the Land Use and Transportation Committee dated October 10, 2017. Exhibit A; Scope of Work Options Considered: 1. Authorize the Mayor to enter into an agreement with King County in the amount of $33,646 for CTR implementation. 2. Do not aut horize the Ma y or to enter into an agreement with King Coun ty and hire part-time ( 0.60 FTE) CTR Coordinator. The City ty will n eed to identify and suppleme n t additional budget on a yearly basis to cover employee cost and program start up. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 21, 2017 City Council Consent Agenda for approval. MAYOR APPROVAL: Initial/Date v Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward option 1 to the November 21, 2017 consent agenda for approval. Committee Chair Committ - Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Agreement with King County with a compensation of $33, 646, effective July 1, 2017 through June 30, 2019, and authorize the Mayor to sign said agreement." (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: October 10, 2017 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Director of Public Works Sarady Long, Senior Transportation Planning Engineer SUBJECT: 2017 -2019 Commute Trip Reduction Program Implementation Agreement with King County BACKGROUND: The Washington State's Commute Trip Reduction (CTR) Law requires the City to develop plans and programs to reduce Single Occupant Vehicle (SOV) and Vehicle Miles Traveled (VMT) commuting trips. The law only applies to major employers with one hundred (100) or more full -time employees scheduled who arrive at a single worksite between 6:00 am to 9:00 am. Over the last 18 years, the City has contracted with King County for their CTR support services to implement the CTR program. The existing agreement with King County has expired and staff proposes to enter into a new, two -year Professional Services Agreement. The work to be performed under this agreement is described in the attached Exhibit A - Scope of Work. The proposed 2017 - 2019 CTR Implementation Agreement with King County would be fully funded by the state CTR technical assistance grant. For the July 1, 2017 through June 30, 2019 biennium, the state capped technical assistance funding allocation to the City at $38,869.00. This agreement will be presented to the LUTC on November 6, 2017 as a separate agenda item. The State CTR grant would be sufficient to fund the 2017 - 2019 Agreement with King County Metro, which is estimated at $33,646.00. Please see attached Exhibit B for assumptions of the state grant and expenditures. Staff believes this is a cost - effective way to implement the CTR program, as most cities have a full -time CTR coordinator. cc: Project File Day File COMMUTE TRIP REDUCTION PROGRAM IMPLEMENTATION AGREEMENT Between King County, Department of Transportation, Metro Transit Division And City of Federal Way This Commute Trip Reduction Program Agreement (the "Agreement ") is entered into by and between King County, a home rule charter county of the State of Washington, through its Department of Transportation, Metro Transit Division (the "County" or "Metro Transit ") and the City of Federal Way (the "City "), either of which entity may be referred to hereinafter individually as "Party" or collectively as the "Parties," for the purpose of implementing the Washington State Commute Trip Reduction Law of 1991. WHEREAS, the purpose of RCW 70.94.521, et seq., the "Commute Trip Reduction ( "CTR ") Law," is to reduce air pollution, traffic congestion and fuel consumption by encouraging commuters to use alternative modes of transportation, such as buses, carpools, vanpools, bicycles, and walking, instead of single occupancy vehicles ( "SOV "); and WHEREAS the CTR Law requires local governments in those counties experiencing the greatest automobile - related air pollution and traffic congestion to develop and implement ("CTR") plans to reduce vehicle miles traveled per employee and drive alone commute trips; and WHEREAS, the CTR Law also requires major employers to develop, implement and promote employee transportation programs to encourage their employees to shift away from drive alone commutes; and WHEREAS, the City has within its jurisdictional boundaries one or more "major employers" and is required by RCW 70.94.527 to develop and implement a CTR plan; and WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to RCW 70.94.527(5); and WHEREAS, King County Code Section 28.101 authorizes the King County Executive to enter into agreements with state and local agencies for assistance in implementing the CTR Law; and WHEREAS, CTR plans developed by local jurisdictions are required to be coordinated and consistent with the CTR plans of adjacent jurisdictions as well as applicable regional plans; and WHEREAS, the City and the County desire through this Agreement to implement the CTR Law consistent with the statute and any applicable rules and regulations; and WHEREAS, the City can achieve cost efficiencies and administrative consistency by contracting with the County for CTR implementation; 2017 — 2019 Commute Trip Reduction Agreement Between King County and the City of Federal Way Page 1 of 14 NOW THEREFORE, in consideration of the terms, conditions, mutual promises and covenants set forth herein, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish a mechanism that will allow for certain tasks to be undertaken by the County on behalf of the City to implement the City's obligations under the CTR Law and to set forth the responsibilities of the Parties with respect to that objective. 2. DEFINITIONS The following definitions shall apply for purposes of this Agreement: "Administrative Representative" means the primary administrative contact for issues related to this Agreement as designated in Section 9.2 of the Agreement. "Affected Employer" means an employer required by RCW 70.94.521 and the City's CTR Plan to implement a CTR program (see also "major employer "). "Commute Trip Reduction Plan (CTR Plan)" means a plan adopted by the City designed to reduce the proportion of drive alone commute trips and commute trip vehicle miles and to administer and enforce the CTR programs of affected employers located within its jurisdiction. "Commute Trip Reduction Program ( "CTR Program ")" means a program designed by an Affected Employer to reduce the proportion of drive alone commute trips and be consistent with the rules established by the Commute Trip Reduction Board. "CTR Funds" means state funds appropriated by the state and allocated to counties and cities for implementation of commute trip reduction plans. "Major Employer" means a private or public employer that employs one hundred or more full - time employees at a single worksite who are scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year, as provided in RCW 70.94.521 (herein also known as an "Affected Employer "). "State" is the Washington State Department of Transportation ( "WSDOT ") unless otherwise noted. 2017 -2019 Commute Trip Reduction Program Implementation Agreement Between King County and City of Federal Way Page 2 of 14 3. DUTIES AND RESPONSIBILITIES 3.1 Provision of CTR Services. Metro Transit will perform the CTR implementation services specified with particularity in the Scope of Work (the "Work ") set forth as Exhibit A, which is attached hereto and incorporated herein by this reference. 3.2 Reimbursement of Costs. In accordance with the payment and billing provisions set forth in Section 4 of this Agreement, the City will reimburse the County for undertaking the Work pursuant to this Agreement. 4. PAYMENT AND BILLING 4.1 Payment. The City will reimburse the County for the full costs associated with the County's performance of the work pursuant to this Agreement. 4.2 Cost Estimate and Budget. A cost estimate and budget for work to be performed through June 30, 2019 is set forth in Exhibit B, which is attached hereto and incorporated herein by this reference. 4.3 Invoices and Payment Process. The City shall make payments to the County for Work performed pursuant to this Agreement upon receipt of detailed billing invoices from the County. The City shall make payment to the County within thirty (30) days of receipt of a billing invoice from the County. The County shall submit invoices and a quarterly progress report to the City per the following schedule: Fixed Invoice Submitted Payment Payment No Earlier Than 1st payment $4,130.75 September 30, 2017 2nd payment $4,130.75 December 31, 2017 3rd payment $4,130.75 March 31, 2018 4th payment $4,130.75 June 30, 2018 5th payment $4,130.75 September 30, 2018 6th payment $4,130.75 December 31, 2018 7th payment $4,130.75 March 31, 2019 8th payment $4,130.75 June 30, 2019 Total $33,046.00 2017 -2019 Commute Trip Reduction Program Implementation Agreement Between King County and City of Federal Way Page 3 of 14 4.4 Payment Amounts. Each payment shall consist of the fixed amount specified above in Subsection 4.3, plus the City's training budget of $600.00 for the following: • One (1) live, online Skype presentation explaining details of CTR Program requirements; • One (1) live Skype presentation detailing the CTR Survey process; and • Maintenance of and updates made to above presentations as needed. 4.5 Reimbursement of Pre - Termination Costs Incurred. In the event of termination pursuant to the provisions of Section 7 (Termination) of this Agreement, the City shall reimburse the County for all costs payable under this Agreement that have been incurred up to and including the effective date of termination. 5. WORK SCHEDULE AND PROGRESS REVIEW 5.1 Progress Reviews. The County shall submit a quarterly report of progress and anticipated activities to jurisdiction representatives in a format prescribed by the City and in accordance with WSDOT guidelines. On- going, periodic review of issues and materials will also be conducted with the jurisdiction representatives. 5.2 State Evaluation Requirements. At the request of the City, the County will provide information to the State for monitoring or evaluation activities. 6. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement is effective from July 1, 2017. The expiration date for purposes of perfouning substantive work as described in Exhibit A (Scope of Work) and for incurring costs is June 30, 2019, and for final accounting purposes is July 7, 2019, unless the Parties agree to an extension using the modification procedure provided in Section 8 (Changes and Modifications) of this Agreement. 7. TERMINATION 7.1 Termination for Default. Either Party may terminate this Agreement in the event the other Party fails to perform a material obligation of this Agreement. Written notice of a Party's intention to terminate this Agreement pursuant to this Subsection 7.1 shall be provided to the other Party not less than fifteen (15) calendar days prior to the effective date of termination. 2017 -2019 Commute Trip Reduction Program Implementation Agreement Between King County and City of Federal Way Page 4 of 14 7.2 Termination for Convenience. Either Party to this Agreement may terminate the Agreement, in whole or in part, for convenience and without cause. Written notice of a Party's intention to terminate this Agreement pursuant to this Subsection 7.2 shall be provided to the other Party not less than thirty (30) days prior to the effective date of termination. 7.3 County Funding and Termination for Non - Appropriation. Performance of any Work undertaken by the County pursuant to this Agreement in advance of receiving reimbursement by the City beyond the current appropriation year is conditioned upon the appropriation by the County Council of sufficient funds to support the performance of the Work. Should such an appropriation not be approved, the Agreement shall terminate at the close of the current appropriation year. The appropriation year ends on December 31' of each year. 7.4 Termination Due to Loss of State Funding. If at any time during the Agreement period the State acts to terminate, reduce, modify, or withhold CTR State Funds allotted to the City pursuant to RCW 79.94.544 then either Party may terminate this Agreement by giving thirty (30) days advance written notice to the other Party. 8. CHANGES AND MODIFICATIONS Either Party may request changes to the provisions of this Agreement. Any such changes must be mutually agreed upon and incorporated by written amendment to this Agreement. No variation or alteration of the terms of this Agreement will be valid unless made in writing and signed by authorized representatives of the Parties hereto. 9. NOTIFICATION AND IDENTIFICATION OF CONTACTS 9.1 Administrative Representatives. Both Parties shall designate an administrative representative to act as the contact person for matters pertaining to this Agreement. 9.2 Contact Persons and Addresses. For the County: Christi Masi, Program Manager, or Designee King County Metro Transit 201 South Jackson Street, KSC -TR -0326 Seattle, WA 98104 -2615 (206) 477 -3843 For the City: Mr. Sarady Long City of Federal Way 3325 8th Avenue South Federal Way, WA 98003 (253) 835-2743 2017 -2019 Commute Trip Reduction Program Implementation Agreement Between King County and City of Federal Way Page 5 of 14 9.3 Notice. Any notice or communication required or permitted to be given pursuant to this Agreement shall be in writing and shall be sent postage prepaid by U.S. Mail, return receipt requested, to the Parties' respective administrative representatives at the addresses identified in Subsection 9.2 of this Agreement. 10. DISPUTE RESOLUTION PROCESS The Parties, through their designated representatives identified in Subsection 9.2 of this Agreement, shall use their best efforts to resolve any disputes pertaining to this Agreement that may arise between the Parties. If these designated representatives are unable to resolve a dispute, the responsible project managers of both Parties shall review the matter and attempt to resolve it. If they are unable to resolve the dispute, the matter shall be reviewed by the department directors of both Parties and his or her designee. The Parties agree to exhaust each of these procedural steps before seeking to resolve disputes in a court of law or any other forum. 11. AUDITING OF RECORDS, DOCUMENTS AND REPORTS The State Auditor and any of its representatives shall have full access to and the right to examine during normal business hours and as often as the State Auditor may deem necessary, all the records of the City and the County with respect to all matters covered in this Agreement. Each Party to the Agreement shall have similar access and rights with respect to the records of the other Party. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this Agreement. The County shall require any subcontractors performing work on this Agreement to grant the State, the State Auditor, and any of their representatives, comparable audit rights as set forth in this Section. Such rights last for three (3) years from the date final payment is made hereunder. 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 To the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind, including injuries to persons or damages to property, which arise out of, are connected with, or are due to any negligent acts or omissions of the indemnifying Party, its contractors, and/or officials, employees, agents, or representatives in performing work under this Agreement; provided, however, that if (and only if) the provisions of RCW 4.24.115 apply and any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the City or its contractors, officials, employees, agents, or representatives, and the County or its contractors, officials, employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its contractors, officials, employees, agents, or representatives. Each Party specifically assumes potential 2017 -2019 Commute Trip Reduction Program Implementation Agreement Between King County and City of Federal Way Page 6 of 14 liability for actions brought by its own employees against the other Party and for that purpose each Party specifically waives, as to the other Party only and only to the extent necessary to fulfill its obligations under this Agreement, any immunity under the Worker's Compensation Act, Title 51 RCW; and the Parties recognize that this waiver was the subject of mutual negotiation and specifically entered into pursuant to the provisions of RCW 4.24.115, if applicable. 12.2 The City acknowledges it is solely responsible for its compliance with the CTR Act, and for the adoption, implementation, and enforcement of any City ordinances, plans, and programs related to the CTR Act. The City shall indemnify and hold the County harmless from, and shall process and defend, at its own expense, any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs arising out of, in connection with, or incidental to any act or omission of the City or any of its officers, employees, subcontractors or agents in adopting or enforcing any City ordinances, plans and programs related to the CTR Act. 12.3 The Parties hereto acknowledge that the State of Washington is not liable for damage or claims from damages arising from any act or omission of the County or the City under this Agreement. 12.4 In the event any Party incurs attorney's fees, costs or other legal expenses to enforce provisions of this section against the other Party, all such fees, costs, and expenses shall be recoverable by the prevailing party. 13. LEGAL RELATIONS 13.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 13.2 No Partnership or Joint Venture. No joint venture, agent - principal relationship or partnership is formed as a result of this Agreement. No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees or agents of the other Party. 13.3 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 13.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 13.5 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in 2017 -2019 Commute Trip Reduction Program Implementation Agreement Between King County and City of Federal Way Page 7 of 14 all cases, be construed according to its fair meaning and not strictly for or against either Party. 13.6 Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives originally contemplated by the Parties. 13.7 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing, signed by duly authorized representatives of the Parties, and attached to the original Agreement. 13.8 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 13.9 Binding on Successors and Assigns. This Agreement and all of its terms, provisions, conditions, and covenants, together with any exhibits and attachments now or hereafter made a part hereof, shall be binding on the Parties and their respective successors and assigns. 13.10 Rights and Remedies. Both Parties' rights and remedies in this Agreement are in addition to any other rights and remedies provided by law. 13.11 Entire Agreement. This Agreement embodies the Parties' entire understanding and agreement on the issues covered by it, except as may be supplemented by subsequent written amendment to this Agreement, and supersedes any prior negotiations, representations or draft agreements on this matter, either written or oral. 13.12 Survival. The provisions of this Section 13 (Legal Relations) shall survive any termination of this Agreement. 14. FORCE MAJEURE Either Party to this Agreement shall be excused from performance of any responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform, during the time and to the extent that it is prevented from performing by a cause directly or indirectly beyond its control, including, but not limited to: any incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court of competent jurisdiction or authorized civil authority commandeering material, products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that such non - performance is beyond the control and is not due to 2017 -2019 Commute Trip Reduction Program Implementation Agreement Between King County and City of Federal Way Page 8 of 14 the fault or negligence of the Party not performing. In no event should this provision eliminate the obligation of the City to make payment to the County for the Work performed pursuant to this Agreement. 15. COMPLIANCE WITH APPLICABLE LAWS The Parties agree to comply with all applicable federal, state, and local laws, rules, and regulations, including those pertaining to nondiscrimination and agree to require the same of any subcontractors providing services or performing any of the Work using funds provided under this Agreement. 2017 -2019 Commute Trip Reduction Program Implementation Agreement Between King County and City of Federal Way Page 9 of 14 16. EXECUTION OF AGREEMENT — COUNTERPARTS This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all purposes as an original. Dated this 7- day of 0 Tv e - , 2017. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest date written below. KING COUNTY DEPARTMENT OF TRANSPORTATION METRO TRANSIT DIVISION CITY OF FEDERAL WAY By: / ►L By: Matt Hansen, [Name] Manager, Customer Communications and Services [Title] King County Metro Transit Date: (0•C" ) Date: Approved as to form: K.C.P.A.O. Approved as to form: By: City Attorney Date: 2017 -2019 Commute Trip Reduction Program Implementation Agreement Between King County and City of Federal Way Page 10 of 14 Exhibit A - Scope of Work City of Federal Way Commute Trip Reduction ( "CTR ") Program Implementation Agreement Period: July 1, 2017 — June 30, 2019 Strategy 1: Train all new employee transportation coordinators ( "ETCs ") and new and existing worksites to ensure that they have an understanding of the requirements of the law, implementation strategies and their site's performance to date. Description Consult with ETCs at new sites and with new ETCs at existing sites, provide ETC training and consultations with new ETCs, offer program and survey briefings aligned with CTR cycles and update King County website CTR pages. Deliverables Offer one (1) live, online Skype presentation explaining details of CTR Program requirements, and one (1) live Skype presentation detailing the CTR Survey process; also includes maintenance of and updates made to above presentations as needed. Strategy 2: Track and notify employers of legally required activities and provide technical assistance to all employers for legal compliance. Description Notify new sites; assist them with baseline survey and initial program development. Send survey and program notifications to all sites, review extensions and exemptions requests, set up and assist sites with paper and online surveys and program reporting. Negotiate steps for compliance with non - compliant worksites. Maintain database and master file records on all sites. Provide WSDOT with an electronic copy of city's CTR- affected employers and ETCs quarterly or as required by WSDOT. Deliverables New site, survey and program reporting notifications within timeframes specified in law or ordinance; documentation of sites' compliance with required activities, provision of electronic and paper records in accordance with WSDOT requirements; and documentation of infractions as needed to conduct enforcement actions. 2017 -2019 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit A: Scope of Work - Page 11 of 14 Strategy 3: Focus program review and survey analysis time on sites that have not made progress towards goal and spend less time reviewing program reports for sites that have made progress or goal. Recommend to worksites that have not made progress measures to improve their performance. Description • For sites that have met or made progress towards goal, focus program review for completeness of report and approve using electronic submittal. • For no progress sites, conduct survey analysis and make recommendations for program improvements to ETC. Review programs for inclusion of recommendations, as well as completeness and program summary. Deliverables Program approvals, consultations with sites that have not made progress or goal. Strategy 4: Assist ETCs with marketing of commute programs and ensure they meet their program information distribution requirements. Help ETCs become a major resource to their employees by providing them with up -to -date commute information, tools for communicating with employees, turn-key commuter promotions, and opportunities to attend employer network group meetings. Description Review program summary and make marketing recommendations at sites that did not make progress towards goals. Send transportation related news and announcements via email to all ETCs; coordinate and distribute materials and information for promotions such as Wheel Options and Bike to Work Day; schedule, promote, engage speakers and invite ETCs to employer network group meetings, as needed. Deliverables Email & mailings to sites, distribution of promotional materials to sites, network group meetings as needed. 2017 -2019 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit A: Scope of Work - Page 12 of 14 Strategy 5: Actively promote alternatives to drive -alone commuting at worksites targeted by location, corridor, industry or lack of progress toward goal. Description Identify highly congested employment areas and/or sites that have not made progress toward goals for targeted outreach. Develop strategies to help ETCs communicate and promote program to employees, implement targeted promotions. Deliverables Promotions or events at targeted areas. Strategy 6: Administer program Description Perform general update and implementation of the CTR Plan and ordinance, including development and execution of implementation contract between King County CTR Services and City of Federal Way and the Administrative Work Plan; provisions of quarterly report information for city to complete state funds billing and reporting requirements. Meet quarterly with CTR staff to review activities and accomplishments. Other activity as incurred costs for materials, as directed by the city. Provide the city with draft responses to inquiries by the CTR Board and others, as requested. Deliverables Executed CTR contract, updated CTR Plan ready for city editing and delivery to PSRC and the CTR Board 2017 -2019 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit A: Scope of Work - Page 13 of 14 Exhibit B — Cost Estimate City of Federal Way Commute Trip Reduction (CTR) Program Implementation Agreement Period: July 1, 2017 — June 30, 2019 FUNDING State Commute Trip Reduction Funds TOTAL FUNDS AVAILABLE $38,869.00 NUMBER OF SITES 11 COMMUTE TRIP REDUCTION SERVICES CONTRACT Strategy 1 $1634.00 - Training $600.00 Strategy 2 $10,972.00 Strategy 3 $4862.00 Strategy 4 $7161.00 Strategy 5 $3269.00 Strategy 6 $5148.00 CONTRACT TOTAL $33,646.00 2017 -2019 Commute Trip Reduction Agreement Between King County and the City of Federal Way Exhibit B: Cost Estimate - Page 14 of 14 COUNCIL MEETING DATE: November 21, 2017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 9a SUBJECT: ORDINANCE: 2017/2018 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the 2017/2018 Biennial Budget amendment to the adopted budget? COMMITTEE: FEDRAC CATEGORY: n Consent E Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other MEETING DATE: 10/24/2017 STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 2017/2018 Biennial Budget Amendment Ordinance, Exhibit A and Exhibit B Summary/Background: The City Council held sessions on November 7th, 21St, and December 5, 2017 to review and deliberate on the proposed budget amendment. Formal public hearings were held on November 7th and 21st to allow for citizen comment on the proposed budget amendment. The first reading was held on November 21st and the second reading was held on December 5, 2017. Options Considered: 1. Approve the amendment to 2017/2018 Biennial Budget. 2. Deny approval of the 2017/2018 Biennial Budget Amendment and provide direction to staff. MAYOR RECOMMENDATION: Option 1. MAYOR APPROVAL: COMM TEE RECOMMENDATION: I move to forward the proposed ordinance first reading to the November 21, 2l Con ilmee Committee Chair Committe Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (NOVEMBER 21, 2017): I move to forward the proposed ordinance to a second reading and enactment on the December 5, 2017 Council meeting. 2ND READING OF ORDINANCE (DECEMBER 5, 2017): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 01/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, amending the 2017 -2018 Biennial Budget. (Amending Ordinance No. 16 -826) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2017 -2018 fiscal biennium have been prepared and filed on September 20, 2016 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on -line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on November 7 and November 21, 2017, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on November 15, 2016 (attached Exhibit A). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2017 -18 M i d - Biennial Budget Amendment. That the budget for the 2017 -2018 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit B ( "2017 -2018 Mid -Year Amended Budget "). Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or Ordinance No. 17- Page 1 of 5 phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. PASSED by the City Council of the City of Federal Way this _day of December, 2017. [signatures to follow] Ordinance No. 17- Page 2 of 5 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 17- Page 3 of 5 EXHIBIT A 2017/2018 Adopted BI daet Fund 2017 2018 Fnding Fund Balance Beginning Fund Balance Revenue Ex penditure Beginning Fund Balance Revenue Expenditure General Fund 5 10,034,954 $ 48,668,287 $ 48,751,194 $ 9,952,047 $ 49,123,986 $ 50,053,760 $ 9,022,273 Special Revenue Funds: Street 500,000 4,148,199 4,092,470 555,729 4,199,776 4,255,503 500,002 Arterial Street 100,000 1,515,410 1,515,410 100,000 1,517,273 1,517,273 100,000 Utility Tax 1,842,718 8,918,924 9,261,642 1,500,000 8,918,924 8,918,924 1,500,000 Solid Waste /Recycling 175,352 431,117 503,121 103,348 431,117 504,818 29,647 Special Contract /Studies 408,356 - - 408,356 - - 408,356 HoteVMotel Lodging Tax 501,765 225,700 224,700 502765 225,700 224,700 503,765 Community Center 1,516,500 2,200,350 2,216,850 1,500,000 2,254,430 2,254,430 1,500,000 Traffic Safety Fund 2,558,371 3,140,374 3,495,761 2,202,984 3,140,500 3,843,484 1,500,000 Real Estate Excise Tax 3,078,496 3,200,000 3,739,023 2,539,473 3,200,000 3,739,473 2,000,000 Utility Tax Proposition 1 1,077,462 2,921,481 2,998,943 1,000,000 3,074,939 3,074,937 1,000,002 Petforming Arts and Event Center - 937,546 937,546 - 1,254,534 986,820 267,714 Transportation Benefit District - 930,000 930,000 - 930,000 930,000 - Community Development Block Gant 40 ,441 1,237,103 1,277,541 3 1,237,103 1,237,103 3 Paths and Trails 553,356 169,000 - 722,356 169,000 - 891,356 Strategic Reserve 3,000,000 - - 3,000,000 - - 3,000,000 Parks Reserve 750,000 - - 750,000 - - 750,000 Debt Service Fund 2,499,999 10,345,926 10,082,279 2,763,646 1,747,863 1,747,863 2,763,646 Capital Project Funds: Downtown Redevelopment 1,912,244 1,000,000 500,000 2,412244 1,000,000 500,000 2912,244 Municipal Facilities 53,232 - - 53,232 - - 53,232 Parks 2,143,499 300,000 2,367,163 76,336 300,000 300,000 76,336 Surface Water Management 4,234,329 540,000 3,209,988 1,564,341 3,140,000 3,322,000 1,382,341 Transportation 4,420,026 16,915,000 20,036,000 1,299,026 11,443,000 12,663,000 79,026 Capital Project Reserve 481,703 - 129,382 352321 - - 352,321 Performing Arts and Event Center - 11,278,902 11,278,902 - - - - Enterprise Fund Surface Water Management 1,082868 4,070,820 3,999,912 1,153,776 4,058,198 3,956,108 1,255,866 Dumas Bay Centre 648,669 747,251 925,014 470,906 747,251 753,994 464,163 Internal Service Fundr: Risk Management 846,398 1,567,843 1,567,843 846,398 1,080,343 1,080,343 846,398 Information Technology 3,098,470 2,212,755 2159,270 3,151,955 2,217,980 2234,756 3,135,179 Mail & Duplication 209,252 128,707 151,507 186,452 119,447 119,235 186,664 Fleet & Equipment 5,707,512 1,800,811 1,413,330 6,094,993 1,811,924 1,061,052 6,845,865 Buildings & Furnishings 2,021,140 483,912 483,912 2,021,140 490,355 490,355 2021,140 Health Insurance 2,249,828 4,203,500 4,180,000 2,273,328 4,203,500 4,180,000 2,296,828 Unemployment Insurance 1,309,124 268,000 1,050,000 527,124 268,000 50,000 745,124 Grand Total All Funds 5 59,056,064 S 134,506,918 S 143,478,703 S 50,084,279 S 112,305,143 , S 113,999,931 S 48,389,491 Ordinance No. 17- Page 4 of 5 EXFIIBIT B 2017/2018 Mid- Biennial Amended Budget Fund 2017 2018 Ending Fund Balance Beginning Fund Balance Revenue Expenditure Beginning Fund Balance Revenue Expenditure General Fund $ 11,090,269 $ 49,865,874 $ 50,211,158 $ 10,744,985 $ 49,123,986 $ 50,053,760 $ 9,815,211 Special Revenue Funds: Street 526,510 4,306,461 4,243,147 589,824 4,199,776 4,255,503 534,097 Arterial Street 245,970 1,844,092 1,954,092 135,970 1,517,273 1,517,273 135,970 Utility Tax 2,457,687 9,429,292 10,386,979 1,500,000 8,918,924 8,918,924 1,500,000 Solid Waste /Recycling 176,309 431,117 481,121 126,305 431,117 504,818 52,604 Special Contract /Studies 525,428 - - 525,428 - - 525,428 Hotel/Motel Lodging Tax 737,375 225,700 224,700 738,375 225,700 224,700 739,375 2%forArts - - - - - - - Comnunity Center 1,516,500 2,278,455 2,294,955 1,500,000 2,254,430 2,254,430 1,500,000 Traffic Safety Fund 2,551,279 3,340,374 3,623,646 2,268,007 3,140,500 3,843,484 1,565,023 Real Estate Excise Tax 4,957,033 4,301,594 6,048,361 3,210,266 3,200,000 3,739,473 2,670,793 Utility TaxProposition 1 1,290,233 3,021,481 2,998,943 1,312,771 3,074,939 3,074,937 1,312,773 Performing Arts and Event Center 177,413 1,018,749 1,196,162 (0) 1,254,534 986,820 267,714 Transportation Benefit District - - - - 930,000 930,000 - Community Development Block Grant 65,828 1,237,103 1,277,541 25,390 1,237,103 1,237,103 25,390 Paths and Trails 568,722 169,000 - 737,722 169,000 - 906,722 Strategic Reserve 3,021,716 - - 3,021,716 - - 3,021,716 Parks Reserve 752,652 500,000 128,806 1,123,846 - - 1,123,846 Dell Service Fund 2,508,514 10,786,064 10,084,279 3,210,299 1,747,863 1,747,863 3,210,299 Capital Project Funds: Downtown Redevelopment 2,119,099 1,000,000 2,180,000 939,099 1,000,000 500,000 1,439,099 Municipal Facilities 29,593 - - 29,593 - - 29,593 Parks 2,135,589 370,000 2,430,206 75,383 300,000 300,000 75,383 Surface Water Management 4,107,914 400,000 1,565,000 2,942,914 3,140,000 3,322,000 2,760,914 Transportation 9,989,612 22,588,766 30,560,504 2,017,874 11,443,000 12,663,000 797,874 Capital Project Reserve 482,717 - 129,382 353,335 - - 353,335 Performing Arts and Event Center 1,372,864 11,523,963 12,896,827 (0) - - (0) Enterprise Fund: Surface Water Management 1,659,676 4,120,820 4,081,412 1,699,084 4,058,198 3,956,108 1,801,174 Dumas Bay Centre 648,669 1,578,103 1,143,712 1,083,060 747,251 753,994 1,076,317 Internal Service Funds: Risk Management 1,093,832 1,627,843 1,567,843 1,153,832 1,080,343 1,080,343 1,153,832 Information Technology 3,490,097 2,276,500 2,347,629 3,418,968 2,217,980 2,234,756 3,402,192 Mail & Duplication 210,996 132,007 154,807 188,196 119,447 119,235 188,408 Fleet & Equipment 6,334,172 2,287,310 1,771,136 6,850,346 1,811,924 1,061,052 7,601,218 Buildings & Furnishings 2,021,140 483,912 503,912 2,001,140 490,355 490,355 2,001,140 Health Insurance 2,020,466 4,507,800 4,380,000 2,148,266 4,203,500 4,180,000 2,171,766 Unemployment Insurance 1,377,809 268,000 1,050,000 595,809 268,000 50,000 813,809 Grand Total All Funds S 72,263,686 $ 145,920,380 $ 161,916,260 $ 56,267,806 5 112,305,143 $ 113,999,931 5 54,573,018 Ordinance No. 17- Page 5 of 5 COUNCIL MEETING DATE: November 21, 2017 ITEM #: 9b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2018 PROPERTY TAX LEVY POLICY QUESTION: Should the City Council increase the regular property tax consistent with the limit factor prescribed by RCW 84.55.0101? COMMITTEE: FEDRAC MEETING DATE: 10/24/2017 CATEGORY: ❑ Consent ❑ City Council Business ® Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 2018 Property Tax Levy Ordinance Summary/Background: The City Council held public hearings (per RCW 35A.34) on November 7, 2017 and November 21, 2017 on the proposed Property Tax Levy. The 2018 proposed Property Tax Levy is based on the 1.01% increase limit plus new construction. Based on preliminary information from the King County Assessor, this would result in a decrease in the tax rate from $1.13118 to approximately $1.06344 per $1,000 of assessed valuation. Options Considered: 1. Approve the attached proposed 2018 Property Tax Levy Ordinance. 2. Deny approval of the proposed 2018 Property Tax Levy Ordinance and provide direction to staff. MAYOR'S RECOMMENDA ON: Option 1. MAYOR APPROVAL: om tttee Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance first reading to the November 21, 2017 Council meeting. Counci Initial/Date DIRECTOR APPROVAL: I17 Initial/Date Committee Chair Committe Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (NOVEMBER 21, 2017): "1 move to forward approval of the ordinance to the December 5, 2017 Council Meeting for enactment." 2 "n READING OF ORDINANCE (DECEMBER 5, 2017): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the property tax amount for the year of 2018. WHEREAS, the City Council of the City of Federal Way has met and reviewed all revenue sources and examined all anticipated expenses and other obligations for the 2017/18 biennium; and WHEREAS, the City Council, in the course of considering the biennium budget, conducted public hearings on November 7, 2017, and November 21, 2017 for the proposed property tax levy for 2018, and proposed revenues and expenditures for the biennium; and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony, determined that it is necessary and advisable to authorize an increase in regular property tax consistent with the limit factor prescribed by RCW 84.55.0101 to discharge the expected expenses and obligations of the City; and WHEREAS, the City Council has resolved to levy a property tax consistent with RCW 84.52.043. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Levy. There shall be and there is hereby levied against the property in the City of Federal Way, Washington, a municipal regular property tax for the year 2018 for the purpose of paying expenses and discharge obligations of the City in the amount of Eleven Million Dollars ($11,000,000). The levy amount shall include (1) an increase in property tax revenue from the previous year of Eighty -One Thousand Five Hundred and Forty -Eight Dollars ($81,548) or Seventy -Seven Ordinance No. 17- Page 1 of 3 Hundredths of a percent (0.77 %), (2) new construction and improvements to property, (3) any increase in the value of state - assessed property, and (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect on January 1, 2018. PASSED by the City Council of the City of Federal Way this day of December, 2017. [Signatures to follow] Ordinance No. 17- Page 2 of 3 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 17- Page 3 of 3