2018-11-20 Council PKT - RegularCITY OF
�. Federal Way
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
November 20, 2018 — 7:00 p.m.
CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Recognizing the General Federation of Women's Club of South King County (SOKICO)
for their donation to purchase K9 Ballistic Vests — Chief Andy Hwang
b. Hachinohe 25th Anniversary Sister City Art Gallery — Daniel Hershman Arts Commission
Chair
c. Proclamation: Adoption Month — November 2018 ...page 4
d. Certificates of Appointment: ...page 5
• Youth Commission
Planning Commission
Historic Landmarks Commission
e. Mayor's Emerging Issues and Report
• Draft 2019 Legislative Agenda Discussion — Senior Advisor Yarden Weidenfeld
...page 14
• Holiday Tree Lighting at Town Square Park — Saturday, December 1
• Jingle Bell Brunch at Federal Way Community Center — Saturday, Dec 1
• Report of Community Events: Veterans Day Events — Todd Beamer High School;
Progressive Insurance; Foundation House
• City Council Meeting Schedule — December 18, 2018 cancellation; January 1, 2019
rescheduled to Wednesday, January 2, 2019
Council Committee Reports
• Finance, Economic Development Regional Affairs Committee (FEDRAC)
• Lodging Tax Advisory Committee (LTAC)
• Land Use/Transportation Committee (LUTC)
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
• Deputy Mayor Report
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your
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.
comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to
other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: Special Budget Meeting October 30, 2018; Regular and Special Meetings
November 6, 2018 Minutes ...page 36
b. Steel Lake Park to Downtown Trail — Project Acceptance ...page 52
c. 2018 Asphalt Overlay — Project Acceptance ...page 54
d. Green Gables '18 NTS — SW 325th Place (51st Place SW to Hoyt Road SW) ...page
56
e. Solid Waste Collection Services Procurement — Authorization for Proposals ...page
61
f. 2019/2020 Surface Water Maintenance and Services — Bid Award ...page 63
g. Draft Americans with Disabilities Act (ADA) Transition Plan — Stage 1 ...page 65
h. 2019 Street Sweeping Services — Bid Award ...page 108
i. Kitchen Replacement Upgrade at Federal Way Community Center ...page 111
j. Community Center Pool Chemical Contract Amendment ...page 115
k. Police Downtown Substation ...page 120
I. Washington State Patrol (WSP) for Marijuana Eradication 2018 ...page 125
m. Agreement between the Washington Traffic Safety Commission (WTSC) and the
Federal Way Police Department to provide Grant Funding for Traffic Enforcement
... page 138
6. PUBLIC HEARING
a. 2019/2020 Biennial Budget & 2019 Property Tax Levy Public Hearing... continued from
November 6, 2018 (required by RCW 35.34) ...page 168
• Citizen Comment (3 minutes)
• Council Questions/Deliberations
7. COUNCIL BUSINESS
a. Resolution/ 2019 Fee Schedule ...page 169
b. Indemnification of City Employees pursuant to FWRC 2.05 ...page 183
8. ORDINANCES
First Reading
a. Council Bill #747 Abandoned Shopping Carts Regulations
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.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
SHOPPING CART REGULATION; AMENDING FWRC 07.03.020 AND 07.03.040, AND
ADDING NEW CHAPTER 07.25 FWRC. (Amending Ordinance Nos. 09-596; 10-669; and
12-715) ...page 184
b. Council Bill #748 Complete Streets Policy Revisions
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, TO COMPLETE
STREETS POLICY REVISION TO BUILD STREETS FOR ALL USERS AND TRAVEL
MODES; AMENDING FWRC 19.135.205 (Amending Ordinance No. 12-718) ...page 194
c. Council Bill #749 - 2019-2020 Biennial Budget
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGET AND FINANCE, ADOPTING THE 2019-2020 BIENNIAL BUDGET. ...page205
d. Council Bill #750 - 2019 Property Tax Levy
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2019. ...page 209
Second Reading/Enactment
e. Council Bill #746 Amending Business Registration Code Sections
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUSINESS REGISTRATION WITHIN FEDERAL WAY; AND AMENDING FWRC
12.05.010, 12.05.040, AND 12.05.070; AND ADDING NEW SECTION TO FWRC
12.05.008 (Amending Ordinance Nos. 91-86, 09-599, 09-600, and 12-717). ...page213
9. COUNCIL REPORTS
10. EXECUTIVE SESSION
Potential Litigation pursuant to RCW 42.30.110(i)
11. ADJOURNMENT
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
CITY OF
'�.... Federal Way
PROCLAMATION
"National Adoption Month"
November 2018
WHEREAS, all children deserve to be raised in safe, stable, and loving homes; and
WHEREAS, National Adoption Month celebrates new, forever families, but also highlights the
thousands of foster children across the United States and the more than 9,000 in the state of
Washington still waiting for those families; and
WHEREAS, when children in foster care have a family to root for them, listen to their ideas and
encourage their growth, they are able to thrive; and
WHEREAS, the love of a family and comfort of a home has the ability to change a child's life; and
WHEREAS, adoption provides needed relief to birth parents, who may not, for whatever reason, be in a
position to raise a child while also offering individuals the chance to grow their families and share their
love; and
WHEREAS, the state of Washington and the City of Federal Way recognize the importance of finding a
permanent and caring family for every child in need and supporting the families who care for them; and
WHEREAS, families who choose the life -changing path of adoption make a meaningful and lasting
difference in the lives of some of the most vulnerable children and youth in our state;
NOW, THEREFORE, we, the undersigned Mayor and City Councilmembers of the City of Federal
Way, do hereby proclaim the month of November 2018 as "National Adoption Month", and urge our
citizens to continue to assist families who are willing to adopt children in need of a permanent home and
express our profound appreciation for all those who make adoptions possible.
SIGNED this 20th day of November, 2018
FEDERAL WA YMA YOR AND CITY COUNCIL
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Jim Ferrell, Mayor
A,a Assefa-D son, Councilmember
Hoang V. Tran Councilmember
Martin Moor . Councilmember
sa Honda, Deputy Mayor
Johnoq, Councilmember
Mar I ' C/(�6pcilmember
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Dini Duclos, Councilmember
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CITY OF
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Federal
Certificate of Appointment
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In Accordance with Federal Way Revised Code 2.60,
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Ankita Sharma
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is hereby appointed to serve as a voting member of the Federal Way
th Commission for a term to expire August 31, 2020.
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L d Assefa- wson, Councilmember Je Johnson, Councilmember
Hoa V. ran, Councilmember Mar Koppa uncilmemlier
Martin Moore, Councilmember Dini Duclos, Councilmember
Dated this 20th day of November, 2018
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Certificate of Appointment
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In Accordance with Federal Way Revised Code 2.90,
Tom Medhurst
is hereby appointed to serve as a voting member of the Federal Way
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Commission for a term to expire September 30, 2022.
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m Ferrell, Mayor Susan o a, Deputy Mayor
Ly i Assefa- wson, Councilmember J s E. Johnson, Councilmember
Hoa V. Tran, Co ncilmember Mark , Councilmember
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Martin Moore, Councilmember Dini Duc%s, Councilmember
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Eric
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Martin Moore, Councilmember
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Fe'deral Wa
Certificate of Appointment
In Accordance with Federal Way Revised Code 19.285.030
Ludwig
is hereby appointed to serve as a voting member of the Federal Way
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Historic Landmarks Commission for a term to expire November 30, 2023.
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CITY OF
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Federal
Certificate
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In Accordance
with Federal
Way Revised Code 2.60,
Daniel
Chung
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appointed to serve as a voting
member of the Federal Way
Youth Commission for a term
to expire August 31, 2020.
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Susan da, Deputy Mayor
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Ly i Assefa-D son, Councilmember
Je se E. Johnson, Councilmember
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Martin Moore, Councilmember
Dini Duc%s, Councilmember
Dated this 20th day
of November, 2018
COUNCIL MEETING DATE: November 20, 2018 ITEM #:_�) e,
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2019 CITY OF FEDERAL WAY LEGISLATIVE AGENDA
POLICY QUESTION: N/A — Discussion Only
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Yarden F. Weidenfeld, Senior Policy Advisor DEPT: Mayor's Office
Attachments: Staff Report with attachments
Options Considered: Discuss and give guidance on drafting the 2018 City of Federal Way Legislative
Agenda
MAYOR'S RECOMMENDATION: Adopt 2019 Legis)Rtiv�Agenda as written
MAYOR APPROVAL: N/A
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
DIRECTOR APPROVAL: .v, [Ht -Z018
Initial/Date
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A — presentation only
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
November 20, 2018
TO:
City Council Members
VIA:
Jim Ferrell, Mayor
FROM: Yarden F. Weidenfeld, Senior Policy Advisor
SUBJECT: 2019 City of Federal Way Legislative Agenda
FINANCIAL IMPACTS:
None
BACKGROUND:
On an annual basis, the City of Federal Way produces a list of state legislative priorities
to affect legislation and regulations as they relate to the interest of the City of Federal Way and
its residents. Working with the City's contract lobbyist and Councilmembers, the Mayor's Office
produced this draft of the City of Federal Way 2019 State Legislative Priorities for Council input
consideration.
This year's legislative priorities define areas of interest for the City for the 2019
Legislative Session and touch on solutions for issues facing Federal Way. This document is
intended to guide the City's advocacy efforts with the Legislature. Please see Attachment One.
PRIORITIES
Education
A quality public education system is at the heart of a successful city. For this reason, the
City of Federal Way is one -hundred percent committed to the legislative agenda of the Federal
Way Public Schools (FWPS). Their issues are our issues. Please see Attachment Two for this
year's legislative agenda of the Federal Way Public Schools (FWPS).
Homelessness
At its 2018 retreat, City Council identified homelessness as one of the top three issues on
which the City should concentrate. Subsequently, Mayor Ferrell set up a Homelessness Task
Force. While its report is not due out until December 21, 2018, items that have been identified
include:
• A program whereby "panhandlers" and others experiencing homelessness would be paid
an hourly wage to work on city improvement projects, such as has been successfully
November 20, 2018
City Council
2019 Legislative Agenda
Page 2
implemented in Albuquerque, New Mexico. We are proposing that we partner with a
local non-profit for a short "trial run" of this program at a cost of $50,000.
A comprehensive and regularly updated online website where local/regional services
available to those in need can be easily found. In conversations with our IT Manager
Thomas Fichtner, we believe that this would cost $150,000: $100,000 for a full-time
employee and $50,000 for the necessary software.
Furthermore, Federal Way is still lacking a shelter for homeless families with children.
Last year, the Legislature granted the City $100,000 to provide this sheltering. Our Community
Services staff is utilizing this funding by partnering with a local non-profit to accomplish this
goal. We are asking for the same grant for 2019.
Land Acquisition
The City remains committed to preservation of the parcel of land to the west of North
Lake on the Former Weyerhaeuser Campus. In 2017, City Council approved the use of $1
million in Surface Water Management (SWM) funds for this effort. With the assistance of the
statewide conservation organization Forterra, we have applied for a number of grants for this
purpose. Last year, with the City's support and through the efforts of Rep. Pellicciotti, Forterra
was granted $750,000 from the State to work on planning, development, acquisition, and other
activities pursuing open space conservation strategies for the campus.
We have been granted a total of $1.5 million in Conservation Futures Tax (CFT) funds
from King County in 2018 and 2019 for this preservation project. We are continuing to work
with Forterra on other grant opportunities. We are requesting $1 million from the State in 2019,
earmarked for this land acquisition.
Critne and Public Safety
Public safety remains the number one priority for the City. Our police department has
noted that additional funding is needed for the police academy to support more academy classes.
Currently, the City is leaning towards hiring lateral officers because there is a lack of space at the
academy for entry-level officers. The wait is about six months.
Mayor Ferrell's homelessness task force has identified the need for a work crew program
in Federal Way at a cost of $80,000. Please see Attachment Three for a short report previously
done on what this would require.
Finally, certain recommendations of the 2016-2017 Violence Prevention Coalition
Steering Committee (VPCSC) were identified as needing additional funding to put into effect.
These include:
• $200,000 to launch a Resource Center for Youth in Federal Way on the lines of the
Reach Center in Tacoma
$150,000 to fund more after-school programs for youth in Federal Way
November 20, 2018
City Council
2019 Legislative Agenda
Page 3
• $100,000 to fund youth substance abuse treatment in Federal Way
• $65,000 to fund a dedicated staff person to oversee violence prevention efforts
Aircraft Issues
On October 16, 2018, City Council unanimously adopted the report and
recommendations of Mayor Ferrell's Quiet and Healthy Skies Task Force. Two of those
recommendations involve support for state legislation, as follows:
• Fund "second phase" of University of Washington study on ultra -fine particles (UFPs)
that would examine their health impacts
• Amend RCW 53.54 to enlarge the distance from a runway within which port districts are
authorized to operate airport noise abatement programs from six to twelve miles (HB
2497 sponsored by Rep. Pellicciotti in the 2018 session)
Furthermore, on September 4, 2018, City Council unanimously approved participation in
the Sea -Tac Airport local community impacts study, also a recommendation of the Task Force.
At that time, it was reported to City Council that last-minute changes to the state budget proviso
that funded the study were mistakenly not included. Thus, On March 21, 2018, the chairs of the
House Appropriations Committee and Senate Ways and Means Committee sent a letter to the
director of the Department of Commerce requesting that the Department of Commerce
implement the referenced budget proviso with newly updated language. In the letter, the
committee chairs indicate that they "intend to amend the 2017-19 Operating Budget next session
to incorporate the updated language." The primary changes made to the initial proviso language
were as follows:
1. The phrase "quality of life" was removed from the mandatory study scope.
2. "[P]edestrian access to and around the airport" and "public safety and crime within the
cities" were both removed from the mandatory study scope.
3. "[O]ther impacted neighborhoods" (in addition to the six cities) were removed from the
mandatory study scope.
4. "[M]embers of the legislature" and "the port of Seattle" were added to the six cities as
entities that must be consulted on study scoping, and the list of such entities was made
non-exclusive.
5. The mandatory study scope was enlarged to include "[t[he benefits to the ... [six] cities .
.. derived due to proximity to the airport, including wages and taxes from airport -related
operations, property tax derived from commercial development directly tied to airport -
related operations, and improved access to transit resulting from proximity to the airport."
Most of these changes were supported by the Port of Seattle but opposed by community
airport activists. While the Department of Commerce has indicated that it would follow both the
November 20, 2018
City Council
2019 Legislative Agenda
Page 4
language of the proviso and the letter from the Department of Commerce, we wish to prevent
further changes to the proviso to ensure that items supported by community airport activists are
retained.
Economic Development
Our economic development director has noted that upon the completion of the new Link
Light Rail Station in Federal Way in 2024, Federal Way will be the end point until the station in
Tacoma is completed in 2030. This presents enormous economic development opportunities for
Federal Way. Thus, we have been discussing a partnership with the University of Washington
Department of Urban Design and Planning to study these opportunities. A twelve -quarter project
(2019-2022) is proposed at a cost of $216,000. Please see Attachment Four for the proposal
presented by Adjunct Professor David Blum.
Secondly, our Public Works Department has identified support for Engrossed Substitute
HB 2914 as an important priority. This bill would:
o Increase public awareness about proper management of solid waste and
o Direct Department of Commerce to perform economic analysis of recycling
Please see Attachment Five
Transportation
If there is a major transportation bill, our Public Works Department has identified a
number of funding priorities at various funding levels. Please see Attachment Five.
CONCLUSION
Mayor Ferrell recommends the adoption of the 2019 legislative agenda as written.
Legislative Priorities
The City of Federal Way is one hundred percent committed
to the legislative agenda of the Federal Way Public
Schools (FWPS). Their issues are our issues. In particular,
we support:
• Increased Local Effort Assistance (LEA) to provide $2,500
per student
• Creation of true labor market regions to calculate funding
for regionalization
• Increase to Special Education multiplier to cover full costs of
special education
• Increased funded units in the funding model for safety
and security
• Fair funding for School Employees
Benefit Board (SEBB) participation Aw
• $100,000 to provide sheltering for homeless families with
children in Federal Way
• $50,000 to partner with a local non-profit on a trial
program whereby "panhandlers" and others experiencing
homelessness would be paid an hourly wage to work on
city improvement projects, such as has been successfully
implemented in Albuquerque, New Mexico
• $150,000 to support a comprehensive and
regularly updated online website where local/
regional services available to those in need
can be easily found 4
• $1,000,000 for land acquisition west
of North Lake on Former Weyerhaeuser
Campus
• Additional funding for police academy for more academy
classes to address the shortage of entry-level officers
• $80,000 for a work crew program in Federal Way
Recommendations of Federal Way Violence Prevention
Coalition Steering Committee (VPCSC):
• $200,000 to launch a Resource Center for Youth in Federal
Way on the lines of the Reach Center in Tacoma
• $150,000 to fund more after-school programs for youth in
Federal Way
• $100,000 to fund youth substance abuse treatment in
Federal Way
• $65,000 to fund a dedicated staff person
to oversee violence prevention efforts
ucE
• Fund "second phase" of University of Washington study on
ultra -fine particles (UFPs) that would examine their health
impacts
• Amend RCW 53.54 to enlarge the distance from a runway
within which port districts are authorized to operate airport
noise abatement programs from six to twelve miles (HB 2497
sponsored by Rep, Pellicciotti in the 2018 session)
• Reject changes (other than deadline for final study) to
budget proviso that funded Sea -Tac Airport local community
impacts study
--
CRY OF
Federal Way
Mate
Legislative Priorities
• The impact of Light Rail upon Federal Way:
Impacts and Opportunities of Being End of
Line During South Sound Expansion:
In cooperation with the University of Washington
Department of Urban Design and Planning, we are
requesting $216,000 over four years (2019-2022) for a
twelve -quarter project examining the extensive nature
of the construction of the new Federal Way LINK Light
Rail Station and subsequent related r
economic development opportunities. TSOUNDTRANSIT
• Possible Transportation Funding Priorities:
• Fund at $50 million:
• City Center Access Project that would improve
access across and to 1-5 from the planned urban
center of Federal Way's City Center area
• South 324th Street Extension that would provide
multi -modal access to and across 1-5
• Fund at $20 million:
• Improvements to the Southwest 336th -Southwest
340th Corridor, including a roundabout at
Southwest 340th Street and Hoyt Road Southwest
• Widening of South 356th between 1st Avenue
South and SR -99 (Pacific Highway South)
• Fund at $5 million:
• Improvements to SR -509 (South Dash Point Road)
between 16th Avenue South and 9th Place South
• Construction of roundabout at State Route
99 (Pacific Highway South) and South 373rd
Street and Extension of 1 st Avenue South to the
roundabout
• Project to increase circulation and traffic capacity
in downtown Federal Way through:
• Reconstruction of South 314th Street
between Pete von Reichbauer Way South
and 23rd Avenue South
• Support for Engrossed Substitute HB 2914
that would
• Increase public awareness about proper
management of solid waste
• Direct Department of Commerce to perform
economic analysis of recycling
v
u —
an
• Extension of sidewalks on South 312th
Street from Steel Lake Park going west
• Integration of Phases III and IV of the
Adaptive Traffic Control System (South
312th Street, Southwest Campus Drive, and
First Avenue South)
• Construction of sidewalk on South 336th
Street between SR -99, Pacific Highway
South and 20th Avenue South
• Construction of a southbound auxiliary lane
between South 344th Street and South 348th
Street along 16th Avenue South
• Fund at $1 million:
• Traffic Improvements to SR -509 (South Dash Point
Road), including left -turn lanes, roundabouts, or a
combination, at the following locations (each an
individual project at this funding level):
• 4th Avenue South
• Southwest 301st Street
• 12th Avenue Southwest
• Construction of a signal at 21 st Avenue South and
South 320th Street and integration into adaptive
traffic management system
Federal Way Public Schools ranks #1 as the most diverse district in Washington state, and the fifth
most diverse district in the nation. With this diversity comes opportunity, as well as a need for equitable
resources. Adequate, equitable funding is critical to attract and retain the best and the brightest staff
and to provide safe and supportive learning environments, so our student -scholars can learn at the
highest levels. However, significant funding gaps are putting our district at a disadvantage, Jeopardizing
critical programs and support, and creating an obstacle for closing the opportunity gap. To ensure
Federal Way Public Schools scholars are ready for college, career and the workforce, these are FWPS'top
legislative priorities:
0 Increase Local Effort Assistance (LEA)
Levies are a core component of community
support for schools and provide an
opportunity for communities to fund their
priorities and affirm their support for
education.
The current system guarantees a floor
of $1,500 per student while allowing
other school districts to collect $2,500
per student. This creates inequitable
opportunities for students attending one
district to the next, and creates an unfair
system where zip code is a predictor of
success.
Increasing LEA to ensure districts can
collect $2500 per student will ensure ALL
Washington state students have equitable
access to educational opportunities.
A labor market is not defined by a school
district's boundaries. The regionalization
discrepancies between neighboring
districts needs to be addressed. The
current regionalization model needs to
address actual labor markets such as the
Everett—Seattle—Tacoma labor market.
The current system creates a significant
disadvantage for districts to attract and
retain teachers.
The disparity in property values and Local Increase Local Effort
Effort Asslstances negatively impacts Assistance to provide
FWPS by $22 million. $2,500 per student.
Levy equalization is an important
component of the local levy system as
it provides both property tax relief and
mitigates the effect that above-average
property tax rates have on districts'
ability to raise local revenues.
One example of unequal access to
educational opportunities can be found
at middle schools, where each middle
school, serving an average of almost 700
students each, has only one counselor.
More LEA funding would allow us to add
a counselor at each of our seven middle
schools at an estimated additional cost of
$1.1 million.
The disparity in local property values as a
Create true labor
basis for "regionalization" leaves FWPS
market regions for
short at least $10 million compared to
calculating funding
other King County school districts.
for regionalization. At
a minimum this should
be reflective of county
boundaries.
43 Fully Fund Special Education
The current funding model does not
cover the full cost of special education
services.
Fully fund the cost of providing special
designed instruction for students with
special needs without imposing an
artificial cap. Services should maximize
assistance to children rather than to their
various categorizations and assessments.
The unfunded educational
needs of students receiving
special designed Instruction total
$5 million in 2018-19, and is
paid for with local levy funds —
which are supposed to only be
used for enrichment.
Statewide education funding
needs to be increased to
recognize the true costs of
specially designed instruction.
Increase the Special Education
multiplier to an amount
adequate to cover the full costs
of special education.
Provide Adequate Safety & Security Funding to Our Schools
The current funding model does not
The current prototypical funding
Increase funded units In the
provide adequate staffing for safety and
model generates only 4.126
prototypical funding model as
security needs at our schools, which has to
FTE for a district with 39 school
follows:
be supplemented through some of our levy
locations. Without local levy
Elementary: From .079 to 1.989
dollars.
`enrichment" dollars, this means
to provide one officer for every
a state -funded security officer
four elementary schools.
is only in a school once every
The creation of a School Employees Benefit
Board (SEBB) to manage health care for the
thousands of school employees is laudable.
However, the eligibility and payment design
are not based on the prototypical funding
model, creating a new unfunded local
cost.
seven days.
In FWPS our school security
costs total $1.725 Million,
however state funding only
covers about $235,000 of
those costs. We hire five School
Resource Officers for a cost
$525,000 and have an additional
13 campus safety officers for an
additional cost of $1.2 million.
The SEBB has passed resolutions
to make health care eligibility
mandatory at 630 hours a
year — or .3 FTE. Additionally
premium payments are due for
EACH employee. However,
state funding only provides
health care funding in FTE
increments, creating a
Middle School: From .092 to .924
to provide one campus security
officer for each location.
High School: From .141 to 1.061
to provide two officers for each
high school.
This would cover the cost of
uniformed police officers and
generate an additional $1.S
million to more adequately
address school security and safety
needs.
Benefit dollars no longer need
to flow to local school districts.
The SEBB should receive dollars
earmarked for districts and
design a program to live
within those resources.
Alternatively, the prototypical
funding model needs to
recognize a different eligibility
threshold and fund on head
count rather than FTE.
three
TO: Mayor Ferrell, Chief Hwang, Ade, Marwan, EJ, John, and Bill
CC: Kathy, Ryan, Mark, Susanne, Tim, and Tyler
FROM: Yarden F. Weidenfeld
RE: Community Out -Of -Custody Work Crew
CURRENT SITUATION: Right now, the City of Federal Way Municipal Court does sentence
people to out -of -custody work crew in lieu of or in addition to jail time. This program is
managed by the Washington State Department of Corrections (DOC), which is paid $15 per day
by the Police Jail budget for each worker. The Court does not use work crew in lieu of fines,
though it could do so. The only drawback is that since we do not have a contract with DOC (at a
cost of $60,000 to $80,000), no work is done in Federal Way. Other than that, the current
program is fine.
OPTIONS TO GET WORK CREW PROJECTS DONE IN FEDERAL WAY:
1. Engage in contract with DOC at a cost of $60,000 to $80,000 OR
2. Run program ourselves, requiring the following:
a. Supervisor
i. Paid City employee OR
ii. Paid contract with non-profit service agency (e.g. MSC) OR
iii. Volunteer recruited from
1. Chief Hwang's shopping cart pick-up volunteers OR
2. A non-profit that raises money such as Rotary or Kiwanis OR
3. Other?
b. If any supervisor other than City employee, still need City employee to direct
where projects are needed, etc. Could be from
i. Municipal Court probation OR
ii. Public Works OR
iii. Parks
c. Equipment
i. Vans
ii. Port -a -Potty with trailer
iii. Tools and accessories (e.g. gloves, bags, grabbers)
iv. Reflective vests with "City of Federal Way Work Crew" printed
d. Road signs advertising areas cleaned by Federal Way Work Crew (optional)
COMMENTS:
1. Program could not work on homeless encampments since they need specially trained people
and special equipment.
2. This program entails similar issues as the "Albuquerque Program" to employ panhandlers
examined earlier this year, except that community out -of -custody work crew would be
significantly cheaper since the workers would not be paid.
3. To explore Option 2, we need someone (me? Bill? Other?) to further explore feasibility,
locate potential volunteers, form draft budget, etc.
University of Washington
Department of Urban Design and Planning
Studio Project for the City of Federal Way
2019 to 2021
The Department of Urban Design and Planning, University of Washington, is interested
in providing student project work in support of long range planning and economic
development underway in the City of Federal Way. Specifically, students will complete
various work tasks related to the anticipated completion of a new LINK Light Rail Station
in Federal way in 2024. Work will include, but not be limited to, the following: (1) Initial
Conditions Report: (2) Development Scenarios; (3) Public Engagement; (4) Economic
Impact; (5) Feasibility Analysis and (6) Project Management. Development of the new
LINK Light Rail station will bring considerable increases in traffic to Federal Way. A
focus of this work will be the application of best practices in sustainable urban mobility
to traffic congestion, improvement of the urban form, and re -development.
%,Ity U1 FeUIVral YMd c l]U uww iJr marl IVIODIIIIOLua
Fall Quarter
2019
Winter
Quarter 2020
Spring
Quarter 2020
Summer
Quarter 2020
Fall Quarter
2020
Winter
Quarter 2021
UW $9,000
UW $9,000
UW $9,000
UW $9,000
UW $12,000
UW $12,000
Consultants
$6,000
Consultants
$6,000
Consultants
$6,000
Consultants
$6,000
Consultants
$6,000
Consultants
$6,000
Sub Total
$15,000
, Sub Total
j $15,000
Sub Total
$15,000
Sub Total
$15,000
Sub Total
$18,000
Sub Total
$18,000
I
Spring Summer
Quarter 2021 Quarter 2021
—
Fall Quarter
2021
Winter Quarter
2022
Spring Quarter
2022
Summer
Quarter 2022
$15,000
UW $12,000
UW $12,000
UW $15,000
UW $15,000
UW $15,000
_UW
Consultants
$6,000
Consultants
$6,000
Consultants
$6,000
Consultants
$6,000
Consultants
$6,000
Consultants
$6,000
Sub Total
$18,000
Sub Total
$18,000
Sub Total
$21,000
Sub Total
$21,000
Sub Total
$21,000
Sub Total
$21,000
Total $260,000
w
R
UW Student rojec cope of Workor the City ot,
Federalay
Tasks
ICR Product Deliverables
Due Date
files.
Digital and paper files.
Fall 2019
VG -
economic data.
Digital and paper files.
Fall 2019
Digital an paper i es.I-all
2019
vegetation and wildlife.
Digital and paper files.
Fall 2019
a
access.
Digital and paper files.
Fall 2019
hazard mitigation.
Digital and paper files.
Fall 2019
and regulatory issues.
Report format.
_]
Fall 2019
rolect Scope of YYork for the City of Federa
Development Concepts I Product Deliverables I Due Date
stakeholders, Report format. I Winter 2019
objectives. Report format. I Winter 2019
I Strenghts analysis. Report format. Winter 2019
inter
ay
UW Student Project Scope of or or the City ot Federalay
Public Engagement Concepts
Deliverables
Due Date
Gollect public input rom
stakeholders.
Report format.
Winter 2019
Define City goals and objectives.
Report format.
Winter 2019
Market analysis.
Report format.
Winter 2019
Zoning and land use analysis.
Report format.
Winter 2019
Strenghts analysis.
Report format.
Winter 2019
Weaknesses analysis.
Report format.
Winter 2019
Opportunities analysis.
Report format.
Winter 2019
Threats analysis.
Report format.
Winter 2019
eport format.
Winter
UW Student Project Scope of Workor the City of Federalay
Concepts
Product Deliverables
Due Date
Infrastructure Cost
Estimate
Report format.
Spring 2020
Report format.
Spring 2020
Model
Report format.
Spring 2020
Analysis
Report format.
Spring 2020
Report ormat.
Spring 2020
UW Student Project Scope of Workor the City of FederalWay
Concepts
Product Deliverables
Due Date
Stakeholder Goals and
Objectives.
Report format.
Fall 2020 to
Winter 2021
Goals and Objectives.
1
Report format.
Winter 2021
�
L.
Analysis.
Report format.
Spring 2021
Land Use Regulatory Issues.
Report format.
a
Spring 2021
rruiem I I
and Economic Analysis.
Report format.
Spring 2021
III y:
Evnvironmental Impacts.
Report format.
ran ZU4U LU
Spring 2021
Community Impacts.
Report format.
Spring 2021
Report iormat.
Recommendations.
Report format.
oullifflul
2021
UW Student Project Scope of Workor the City of Federalay
Concepts
Product Deliverables
Due Date
Work Groups
Web site.
Spring 2019
Stakeholders.
Web site.
Fall 2019
Meb site.
Outreach Program.
Web site.
Winter 2020
Resouces.
Web site.
Fall 2019
'w.
Web site.
kauf fill IUI IfCaDUTT75cructul U.
Website.
V
Project Updates.
Web site.
2021
Web site.
F
five
CITY OF
.... Federal Way
Centered on Opportunity
Date:
October 17, 2018
To:
Yarden Weidenfeld
From:
EJ Walsh, P.E., Public Works Director
Cc:
PW Managers
Re:
2019 Legislative Agenda
City Hall
33325 8`h Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
As requested, below please find possible suggestions for the 2019 Legislative Agenda. If you have any questions,
or need any additional information, please do not hesitate to contact me.
/EJ W
Small Cell Technology (Federal Level Regulation)
Work to protect the City's Right of Way specifically related to franchise utilities. The telecommunication industry
has been lobbying for legislation which requires Cities to relax standards, short cut review and permitting
processes, restrict review timelines to infeasible lengths with current resource levels and cap fees cities can
charge to both process permits and lease Right of Way space. Their primary goal is to allow an easier, cheaper,
process to install utilities, specifically small cell technology.
Transportation Projects
Funded at $50 Million Level
City Center Access
City Center Access is a project to improve access across and to 1-5 from the planned urban center of
Federal Way's City Center area. It would improve intermodal and multi -modal access to the City Center
by modifying the existing over -utilized S 320th Street interchange in order to better accommodate
concentrated urban growth and provide multi -modal connections across 1-5.
South 324th Street Extension
The S 324th Street Extension would provide multi -modal access to and across 1-5, providing a relief route
to the congested S 320th Street interchange, and support planned intense urban development in Federal
Way's Urban Growth Center, as designated by Puget Sound Regional Council.
Funded at $20 Million Level
Improvements to the SW 336th-SW3401h Corridor
Construct the SW 336th St to SW 340th St corridor, including a roundabout at SW 3401h Street and Hoyt
Road SW. This area has seen an increased level of congestion from traffic combining from the City of
Tacoma Brown's Point Area and the City of Federal Way. Traffic is projected to continue to increase with
further development in north east Tacoma.
Widen S 356th St between 1" Ave S and SR -99 (Pacific Highway S)
This area has seen an increased level of congestion and traffic from the combined Brown's Point portion
of the City of Tacoma and south west portion of the City of Federal Way. With the Sound Transit Tacoma
Dome Link Extension project, this corridor is anticipated to be a vital connection for travelers going to the
South Federal Way Station.
Funded at $5 Million Level
Improvements to SR -509 (S Dash Point Road) between 16th Ave S and 9th Place S
Construct the north side of SR -509 between 9th Place S and 16th Ave S, and extend improvements past S
301St. This will provide for increased traffic capacity while also improving local safety to both vehicular
and pedestrian traffic.
State Route 99 (Pacific Highway S) at S 373'd Street
The intersection at State Route 99 and S 373rd Street has a failing level of service. Provide for increased
traffic capacity and local access by constructing a roundabout at the intersection and extending 1St
Avenue South to it.
Increase Circulation and Traffic Capacity in Downtown Federal Way
The City of Federal Way has limited connections from the downtown area to the regional transportation
network coupled with limited ways to disperse traffic at the connection points. To partially address this a
dispersed project includes: Reconstruction of S 314th St between Pete von Reichbouer Way S and 23rd Ave
S, all but 25% of this section of roadway is a private street in a failing condition; extending sidewalks on S
312th Street from Steel Lake Park going west, integration of Phases 111 and IV of the Adaptive Traffic
Control System (S 312th St, SW Campus Dr and 1St Ave S), -and construction of sidewalk on S 336th St
between SR -99, Pacific Highway S and 20th Ave S.
16th Ave S between S 3441h St and S 348" St
Construct a south bound auxiliary lane between S 344th St and S 348th St along 16th Ave S to improve
traffic circulation and capacity in an area that has seen a continued decline in level of service.
Funded at $1 Million Level
Traffic Improvements to SR -509 (S Dash Point Road)
There are several improvement locations along SR -509 that would allow greater traffic circulation,
reduction in traffic delays, and increase in safety to both vehicular and traffic safety. These include 4rh
Ave S, SW 3015` St, and 12th Ave SW. These could be left -turn lanes, roundabouts or a combination. Each
location is an individual project at this funding level.
Signalize the intersection at 21St Ave S and S 320th St
Allow for increased traffic management through the construction of a signal at 215` Ave S and S 320th St
and integration into the adaptive traffic management system.
Solid Waste and Recycling
Support Engrossed 2nd Substitute HB 2914. This bill has two primary objectives; first, bring together industry,
policy makers and the Department of Ecology to craft public outreach to increase public awareness about
properly managing their solid waste. Second, it directs the Department of Commerce to perform an economic
analysis of recycling, focusing on overcoming barriers to responsible recycling, and identifying opportunities to
increase local capacity to consume recycled materials — turning these materials into new products.
COUNCIL MEETING DATE: November 20, 2018
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
ITEM #:
POLICY QUESTION: Should the City Council approve the draft minutes for the October 30, 2018 Special City
Council Meeting/Budget Workshop and the November 6, 2018 Regular and Special City Council Meetings?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public/Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, Ci ............
Attachments:
Draft minutes for the October 30, 2018 Special Meeting/Budget Workshop
Draft minutes for the November 6, 2018 Regular and Special 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
COMMITTEE RECOMMENDATION: N/A
N/A N/A
Committee Chair
CITY CLERK APPROVAL:
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
N/A
Committee Member
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 12/2016
RESOLUTION #
1;$
.� CITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
October 30, 2018 — 6:00 p.m.
CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:03 p.m.
11J?4A*P
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia
Assefa-Dawson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember
Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. BUDGET WORKSHOP — 2019/2020 BIENNIAL BUDGET WORKSHOP
Mayor Ferrell noted due to the high number of citizens wishing to comment tonight he asked to
take citizen comment first.
• Citizen Comment
Judge Dave Larson spoke on salary inequities in staff and in support of the Municipal Court budget
requests.
Dana Hollaway expressed her shock at the state of city finances and suggested the hiring a Chief
Administrative Officer. She shared her opinion of the top priorities for the budget including employee
retention, noise and toxic emissions from the airport, and public safety.
Diana Noble-Gulliford spoke regarding Proposition One which was passed by voters in 2006. This
vote increased utility taxes to enhance police and community safety. She pointed out that the
community has an expectation for the level of policing and requested the budget work towards
achieving those expected levels.
Denisse Christensen shared her experience with a homeless camp on her property and their inability
to afford to clean up the mess left behind. She requested the city consider adding funding to assist
Federal Way City Council Special Minutes Page I of 3
October 30, 2018
private citizens in cleaning up after homeless encampments.
Scott Chase reported increased crime rates and requested the Police Budget be increased to allow
for the hiring of additional police officers
Mike Culleton requested Council consider lifting the ban on marijuana. He has traveled the world and
seen many lovely cities with legalized marijuana.
Nathaniel Wannenmacher requested Council consider lifting the ban on retail marijuana stores. He
noted the opening of recreational marijuana stores has stopped the interactions people had with
street dealers.
Lamont Styles shared that he feels youth programs will reduce the need for additional police officers.
He requested the budget be altered to allow for funding of these projects as well as assisting the
homeless in the area.
Written comments read into the record from Debbie Smith by the City Clerk.
• Council Discussion and Deliberation
Mayor Ferrell stated he worked with Finance Director Ariwoola and Police Chief Hwang to identify
areas of reduction in the general fund budget of $51,000 which could fund the Federal Way Youth
Action Team ($25,000) and the Affordable Housing Task Force ($26,000), as Council as indicated.
Council discussed the need for revenue and asked Finance Director Ariwoola to report back on
potential marijuana revenue if the city decided to zone for retail stores.
Discussion also took place on Proposition One, approved by voters in 2006. City Attorney Call
responded to questions, clarifying no Council has the legal authority to bind future Council action.
Finance Director Ariwoola also noted Prop One monies are being spent accurately as shown on page
D-11 of the budget book; due to inflation the money collected only funds a portion of the costs;
general fund is used to fund the remaining need.
Council further discussed maintaining ample reserves and the increased cost of deferred
maintenance to facilities and city buildings. The Police Department overtime budget was heavily
debated, as a there is shared concern and desire to manage costs and keep the community safe.
Councilmembers discussed additional items they would like to see incorporated into the budget such
as LEAN training for staff; additional sensitivity training for police officers; and an allocation for a Rally
to Vote Event. Suggested areas of reduction to offset these allocations could come from a reduction
in staff at the Performing Arts & Event Center; maintaining the current level of Police Department
staff; and capping Police Department overtime to $500,000 with any overage approved by Council.
Chief Hwang spoke to cyclical nature of crime and efforts to maintain an officer ratio that is
appropriate to the community. He also discussed the effects of capping Police overtime and explained
the types of overtime which are unavoidable such as SWAT Team, court hearings and sick call outs.
He spoke strongly against budget cuts and the implications of what that will do to across the board.
Other discussions included increasing the IT Department by 2 FTE's; adding a .50 FTE Youth
Coordinator; addition of a Chief Administrative Officer; increasing funding for landscape maintenance
costs, and utilizing volunteers to adopt neighborhood parks and streets.
Federal Way City Council Special Minutes Page 2 of 3
October 30, 2018
Council discussed the next steps and scheduling additional budget meetings. Consensus was to add
budget meetings on November 7 and 8 following the next scheduled meeting on November 6.
4. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 8:40 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 3 of 3
October 30, 2018
AN k
FCITY
ederal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
November 6, 2018 — 5:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 5:01 p.m.
11)?4A*V
City officials in attendance: Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson,
Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang,
Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney
2. COMMISSION INTERVIEWS
The City Council interviewed applicants seeking appointment to the following citizen commission:
• Youth Commission — 3 interviews
• Planning Commission — 5 interviews
• Historic Landmarks Commission — 1 interview
3. EXECUTIVE SESSION
At 6:37 p.m. Deputy Mayor Honda announced the Council would be recessing into Executive
Session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) for
approximately fifteen minutes.
Potential Litigation pursuant to RCW 42.30.110(1)(i)
There being nothing further on the agenda; the special meeting adjourned at 6:55 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page I of I
November 6, 2018
CITY OF
.� Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
November 6, 2018 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:03 p.m.
City officials in attendance: Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson,
Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang,
Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. PRESENTATIONS
a. Police Chiefs Commendation
Police Chief Andy Hwang was pleased to present Detective Adrienne Purcella & Detective
Mike Coffey with the Police Chiefs Commendation Medal for their exceptional
performance regarding the string of four murders in 2016. Det. Purcella and Det. Coffey
went above and beyond the call of duty in solving these cases, including hundreds of
hours of detailed investigation work which lead to the arrests and murder charges.
The Mayor and Councilmembers along with family members of victim Adam Gutierrez,
thanked the detectives for their dedication in bringing justice not only for the families of the
victims but to the community. The detectives received a standing ovation.
b. Chief Superintendent's Commendation to resident Mitch Melott
Police Chief Andy Hwang was also pleased to present a special recognition from Chief
Superintendent David Gardner of the Warwichshire (England) Police Department to
Federal Way resident Mitch Melott. Mr. Melott came to the aid of a man who was badly
injured and saved his life, while on vacation near London, England in July of this year.
c. Proclamation: Greater Federal Way Chamber of Commerce 65th Anniversary
Deputy Mayor Honda and Councilmember Duclos jointly read and presented the
proclamation to Chamber CEO Rebecca Martin. Ms. Martin and Chamber Board Members
Federal Way City Council Regular Minutes Page 1 of 11
November 6, 2018
were pleased to accept, thanking the Mayor and Council. She noted the importance of the
continued collaboration between the city and business leaders in the community.
d. Briefing regarding Greenline Warehouse A SEPA Decision
Community Development Director Brian Davis briefly updated Council on the recent
Greenline Warehouse A, SEPA Decision. Mr. Davis noted this presentation is information
and a review of materials and reports already discussed and distributed in the official
notice. He noted the property is governed by the concomitant agreement from 1994.
The comment period is currently open through November 9, followed by an appeal period.
Appeals may be filed by November 30, 2018 by any aggrieved party. Appeals are heard
by the city's Hearing Examiner, who is an objective third party attorney with extensive land
use background.
e. Mayor's Emerging Issues and Report
Economic Development Director Tim Johnson was pleased to announce the 2021 NCAA
Division III Men's and Women's Swimming and Diving Championship will be held at the
King County Aquatic Center. He noted this will bring nearly 2000 hotel room bookings in
one week with nearly 1,000 athletes competing. He introduced Mike Dunwiddie, the
Aquatics Center Facilities Manager to also speak about this event and other events
hosted in the city.
Mayor Ferrell reported on many wonderful community events he attended recently
including the Multi -Service Center HELPS Luncheon on October 18 at Emerald Downs;
and the Federal Way Chamber GALA on November 3, where he enjoyed celebrating 65
years with the Chamber and many Councilmembers. He participated in the Municipal
Courts Mock Domestic Violence Victims Panel in Council Chambers on October 25.
The Mayor noted upcoming events in the community including the Performing Arts &
Event Center Gala on November 9 at 6:00 p.m.; and multiple Veterans Day Celebrations,
including the annual event at Todd Beamer High School on November 10. He will be
attending along with Chief Hwang, Coffee & Conversations with Councilmember Moore at
Truman High School on November 10.
f. Council Committee Reports
• Finance, Economic Development Regional Affairs Committee (FEDRAC)
Councilmember Duclos reported on agenda items reviewed during the most recent committee
meeting and overviewed citizen reports. The committee generated a list of revenue options
they believe would be likely to generate revenue; they would like to receive feedback from city
directors and business owners.
• Lodging Tax Advisory Committee (LTAC)
Councilmember Moore reported the committee brainstormed options for increased tourism
during the off-season (October through December). He also reported that the first review of
Tourism Enhancement Grants has been completed and will be brought before Council.
• Land Use/Transportation Committee (LUTC)
Councilmember Koppang recognized the work of staff to complete multiple projects under -
budget indicating that these funds will be put towards future projects. He also reported that a
proposed ordinance for partnership with local retailers to remedy the shopping cart situation
was reviewed and will be brought to Council for consideration.
Federal Way City Council Regular Minutes Page 2 of ll
November 6, 2018
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
Councilmember Johnson indicated that they received an update on Homelessness Task
Force and that recommendations are anticipated by the end of the year. They received a
report from the Chief's Advisory Board as well as the Federal Way Youth Action Team.
• Deputy Mayor Report
Deputy Mayor Honda reported on the Council Committee interviews which took place at the
Special Meeting prior to the regular meeting. She encouraged participation in the Citizen
Commissions noting that it is where much of the behind -the -scenes work takes place.
Regional Committee Report
Councilmember Assefa-Dawson provided a report on the Sound Cities Association (SCA). She
invited all council members to attend the SCA Public Issues Committee (PIC) meeting on
December 12 in Snoqualmie which will address toxic social media in the community.
4. CITIZEN COMMENT
H. David Kaplan voiced his concerns with the Determination of Nonsignificance (DNS) for the
proposed Greenline Warehouse A. He recommends that all proposed buildings be reviewed
together in with one Environmental Impact Statement (EIS) rather than individually.
TaShawna Nash stands with Save Weyerhaeuser Campus Group as well as the North Lake
neighborhood in opposition of blanketing the Industrial Realty Group (IRG) Property with
warehouses.
Margaret Nelson requested the entire IRG property go through a combined EIS with required
mitigations listed. She requested these mitigations include time limits and the consequences
for not being met.
Janine Barber spoke on behalf of the Lions Club of Federal Way and invited individuals to
attend and participate in "Make Music Federal Way". This event will take place June 21, 2019
to bring the voices of the community together.
Ernest Hightower spoke in support of opening Federal Way to retail cannabis. He provided his
viewpoint and numbers from neighboring jurisdictions
John Mogridge spoke in support of marijuana businesses in Federal Way and asked Council to
consider lifting the ban which will bring jobs to the city.
Adam Sheaffer spoke in support of legalizing marijuana. He is the manager of a retail store in
Issaquah and works to meet both the letter and spirit of the law by patrolling parking lots and
being discreet.
Nicolas Mankis spoke in support of retail marijuana in the city. His experience has been that
the legalization of marijuana has helped him break out of the addiction cycle of harder drugs.
Lori Sechrist, President of the Save Weyerhaeuser Campus Organization, shared the contents
of a comment letter signed by over 275 community members in response to the City's SEPA
Decision of the Mitigated Determination of Nonsignificance for the Greenline Warehouse A.
She will submit the letter after additional signatures are obtained.
Federal Way City Council Regular Minutes Page 3 of 11
November 6, 2018
Cindy Flanagan with the Rainier Audubon Society indicated that the review of the Warehouse
A proposal will have a direct impact to the Hylebos and believes the site should have been part
of a bigger EIS review.
Jerry Graham spoke regarding the increased traffic that will result from the warehouse
proposal and requested corporate buildings or high-end houses be considered instead.
Wendy Schonwetter spoke in opposition of the Warehouse A proposal stating that being able
to do something does not mean you should. She feels that the very least desirable option from
the concomitant agreement is what has been selected.
Bernadine Lund very concerned with the changes proposed for the former Weyerhaeuser
property and feels the city should not be held to old laws; that the laws should be reconsidered.
Suzanne Vargo feels that IRG did not do their homework and made a mistake in purchasing
the former Weyerhaeuser property. She suggested they accept one of Forterra's proposals and
leave.
Bobby Jennings, Chair of Federal Way Youth Action, requested $50,000 of funding for the
creation and support of violence prevention and intervention programs.
Lyn Idahosa reminded Council that she has brought multiple issues to their attention along with
other citizens as well. She spoke regarding a recent Federal Way Mirror article sharing she
was offended to be mentioned by name.
Lamont Styles indicated he would like to see funds allocated to the prevention of crime rather
than law enforcement. He wants to see youth programs and drug prevention programs funded.
Written comments from Keith Livingston were read into the record by the City Clerk.
Written comments from Al Dimakis were read into the records by the City Clerk.
5. CONSENT AGENDA
a. Minutes: Regular and Special Meetings October 16, 2018; Special Meeting/Budget
Workshop October 23, 2018
b. Monthly Financial Report — September 2018
c. Vouchers — September 2018
d. Grant Acceptance —Washington State Archives Technology Tools Grant Award
e. Purchase of Public Records Software — GovQA with Local Grant Award
f. Performing Arts & Event Center (PAEC) Signage Concepts Authorization to Bid
DEPUTY MAYOR HONDA MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A THROUGH
F ON THE CONSENT AGENDA; COUNCILMEMBER ASSEFA-DAWSON SECOND.
Councilmember Moore asked for clarification on item e. IT Manager Thomas Fichtner clarified this
purchase is funded through a local Technology Tools grant award from the Secretary of State to
provide easier access to documents, assist staff with responding to public records, and comply
with new reporting requirements mandated by the state.
Federal Way City Council Regular Minutes Page 4 of 11
November 6, 2018
Motion passed unanimously as follows:
Deputy Mayor Honda
yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson
yes Councilmember Moore yes
Councilmember Johnson
yes Councilmember Duclos yes
Councilmember Tran
yes
6. PUBLIC HEARING
a. 2019/2020 Biennium Budget and 2019 Property Tax Levy (as required by RCW 35A.34)
Mayor Ferrell noted he has asked the Councilmembers to provide written amendments to the
proposed budget in advance so that any proposed amendments are clear for the record.
Staff Report
Finance Director Ade Ariwoola provided a presentation regarding the proposed 2019 Property Tax
Levy as required by RCW 84.55.120. He reviewed the portion collected from residents and how
the funds are allocated between the various agencies. He noted the city receives 7.62% of
property tax collected in 2018 compared to the following agencies: Federal Way Public Schools
(41.44%); King County (9.52%); Washington State (20.94%) and the Fire District (12.44%).
Mr. Ariwoola also gave a comparison to other neighboring jurisdictions in property tax amounts. In
2018 when comparing cities SeaTac, Seattle, Renton, Auburn, and Kent; Federal Way has the
lowest tax rate. The city is limited to the amount it is able to set the rate. The previous rate was
1.06161 per $1,000 of Assessed Value (AV); the proposed rate is 0.97655 per $1,000 of AV.
Citizen Comment
Laura Belvin (Park Commission Chair) spoke regarding the continued decrease in funding of the
parks department over the years. She feels compelled to point out the department has lost
maintenance positions yet added additional parks, national competitions and large city events in
recent years. In addition to increased costs of labor for landscape maintenance,workers due to a
new prevailing wage set by Labor and Industries (L&I). She requested Council make city parks a
priority in the budget and reverse the current trend of cuts.
Dave Berger would like to see the Council add Parks Maintenance Workers and increased
funding for the Landscape Maintenance to the budget discussions in addition to the previously
discussed list of priorities. He feels they should be equally reviewed.
Dana Hollaway feels the city's budget is difficult and public safety is a basic and essential service.
She spoke strongly against any reduction in the police department; as she is often already
concerned for her safety.
Council Discussion
COUNCILMEMBER KOPPANG MOVED TO MODIFY THE MAYOR'S PROPOSED BUDGET TO
MOVE $25,000 PER YEAR FROM THE POLICE BUDGET (OTHER OPERATING SUPPLIES
$10,000 CLOTHING AND FOOTWEAR $10,000, CONFERENCE/SEMINAR REGISTRATION
$5,000) TO FUND THE FEDERAL WAY YOUTH ACTION TEAM AT $25,000 PER YEAR IN 2019
AND 2020; COUNCILMEMBER MOORE SECOND.
Deputy Mayor Honda supports the Federal Way Youth Action Team and the work they are doing
Federal Way City Council Regular Minutes Page 5 of 11
November 6, 2018
in the community; however she is concerned that the process for allocations has not been
followed in this case. Councilmember Duclos also stated opposition to funding agencies outside
the normal allocation process for non-profit agencies seeking funding from the city.
Councilmember Moore supports the motion and would like to know about any metrics and
benchmarks currently in place. Councilmember Johnson prefaced his comments by stating he is a
sitting board member, noted the FWYAT currently reports to King County on a monthly basis in
regards to services they are providing for youth in the community.
Councilmember Koppang spoke to his motion and noted funding the FWYAT is part of the
Council adopted recommendations of the Violence Prevention Coalition Steering Committee
(VPCSC) to increase youth programs and outreach creating a community solution.
Councilmember Tran voiced support for the FWYAT and feels this money will help create and
invest in youth programs that focus on prevention.
Councilmember Johnson stated as a board member for FWYAT he will recuse himself on this
vote however he thanked the Mayor for finding funding for this program. Federal Way is second in
the state for youth referrals, and this will help with prevention. Councilmember Moore is supportive
of the opportunity to partner with FWYAT following the recommendations of the VPCSC.
Staff was asked for clarification on current or previous funding requests by Federal Way Youth
Action Team. Community Services Manager Jeff Watson was able to answer Council's questions
regarding Human Services funding.
The motion passed 4:2 with one recusal, as follows:
Deputy Mayor Honda no Councilmember Koppang yes
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson recuse Councilmember Duclos no
Councilmember Tran yes
DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES OF PROCEDURE AND
ALLOW THE MEETING TO CONTINUE PAST 10:00 P.M.; COUNCILMEMBER DUCLOS SECOND.
The motion passed unanimously as follows:
Deputy Mayor Honda
yes
Councilmember Assefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
COUNCILMEMBER KOPPANG MOVED TO MODIFY THE MAYOR'S PROPOSED BUDGET TO
MOVE $26,000 PER YEAR FROM THE POLICE BUDGET (MISCELLANEOUS SERVICES AND
CHARGES $15,000 AND OVERTIME FIELD OPERATIONS -POLICE $11,000) IN 2019 AND 2020
TO SOUTH KING COUNTY HOUSING AND HOMELESS PARTNERS PER YEAR IN 2019 AND
2020. THE FUNDS FOR THIS MODIFICATION WOULD COME FROM THE POLICE DEPARTMENT
ACCOUNTS; COUNCILMEMBER MOORE SECOND. The motion passed 6:1 as follows:
Deputy Mayor Honda
yes
Councilmember Assefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Federal Way City Council Regular Minutes
November 6, 2018
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos no
Page 6 of 11
COUNCILMEMBER TRAN MOVED TO MODIFY THE MAYOR'S BUDGET TO CAP THE POLICE
DEPARTMENT OVERTIME PAY TO $500,000 PER YEAR AND REQUIRE THE POLICE
DEPARTMENT TO COME BEFORE COUNCIL AND ASK FOR ADDITIONAL OVERTIME FUNDS
WHEN NEEDED; COUNCILMEMBER JOHNSON SECOND.
Councilmembers discussed and asked clarifying questions of Chief Hwang regarding how and
when overtime is used, including hiring more officers to eliminate the need for overtime. Chief
Hwang responded by explaining overtime is often times unavoidable.
At 10:12 p.m. Mayor Ferrell announced the Council would be recessing for a brief five minutes. He
reconvened the meeting at 10:18 p.m.
Discussion continued on the need and use for overtime by the Police Department. Deputy Mayor
Honda noted the Police overtime budget has been discussed in previous budgets and she
appreciates the information provided by Chief Hwang.
The motion failed 5:2 as follows:
Deputy Mayor Honda no Councilmember Koppang no
CouncilmemberAssefa-Dawson no Councilmember Moore no
Councilmember Johnson yes Councilmember Duclos no
Councilmember Tran yes
COUNCILMEMBER TRAN MOVED TO MODIFY THE MAYOR'S PROPOSED BUDGET BY
ALLOCATING $100,000 FROM THE RESERVE ACCOUNT TO BE USED FOR FUNDING
RECOMMENDATIONS FROM THE MAYOR'S HOMELESSNESS TASK FORCE;
COUNCILMEMBER MOORE SECOND.
Councilmembers discussed the motion and using reserves for this purpose. Finance DirectorAde
Ariwoola is concerned with funding through the reserves which could affect the city's bond rating,
thereby increasing borrowing costs and debt service.
The Mayor and Council further discussed requesting money through the city's legislative agenda
and the state representatives. Council concurred it is feasible to look at different resources and
possible funding sources including Human Services funding, State requests, and/or grants before
using the city's reserves.
Councilmember Tran spoke to his motion; he feels this issue needs to be addressed sooner than
later for sheltering homeless mothers and children.
Councilmembers continued to discuss this issue and are supportive of finding a funding source for
recommendations that may come out of the task force; however reserves should not be used.
The motion failed 6:1 as follows:
Deputy Mayor Honda no
CouncilmemberAssefa-Dawson no
Councilmember Johnson no
Councilmember Tran yes
Councilmember Koppang no
Councilmember Moore no
Councilmember Duclos no
COUNCILMEMBER TRAN MOVED TO MODIFY THE MAYOR'S PROPOSED BUDGET TO
MAINTAIN 160 FTE IN THE POLICE DEPARTMENT AND NOT TO INCREASE THE ADDITIONAL 3
FTE IN 2019; COUNCILMEMBER JOHNSON SECOND.
Federal Way City Council Regular Minutes
November 6, 2018
Page 7 of 11
Councilmembers asked various clarifications of Chief Hwang regarding the actual number of
officers and police department employees as compared to the number in the budget book. Chief
Hwang noted there are 160 FTE's authorized in the last budget and since then the department
was approved to hire 5 additional officers from the COPS grants. He further noted as part of the
budget, 2 of those unfilled positions will be unfilled leaving a total of 163 current FTE's for the
Police Department.
Councilmembers asked additional questions of Chief Hwang and Mr. Ariwoola regarding the
budget book and the numbers presented. Councilmember Tran noted he based his calculations
and motions on the number of FTE's listed in the proposed budget book.
Councilmember Tran withdrew his motion.
Mayor Ferrell asked for any other written motions as amendments to the proposed budget. No
additional motions were presented. Mayor Ferrell asked for Council consensus to hold or cancel
the following budget meetings scheduled for November 7 and 8. Council consensus was to cancel
the budget meetings; the next public hearing will be on November 20 along with first reading of
the ordinances for the 2019/2020 Biennial Budget and the 2019 Property Tax Levy.
Deputy Mayor Honda asked for clarification on the timing of fee schedule adoption and if
increased fees are tied to the funding of the proposed budget; Finance Director Ariwoola
responded. Council consensus was to move the discussion and adoption of the 2019 fee
schedule to the November 20 Council meeting prior to the budget ordinance first reading.
DEPUTY MAYOR HONDA MOVED TO CONTINUE THE PUBLIC HEARING ON THE PROPOSED
2019-2020 BIENNIAL BUDGET AND THE 2019 PROPERTY TAX RATE TO THE NOVEMBER 20,
2018 REGULAR COUNCIL MEETING; COUNCILMEMBER KOPPANG SECOND. The motion
passed unanimously as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
7. COUNCIL BUSINESS
a. RESOLUTION: 2018 Fee Schedule Amendment
Community Development Director Brian Davis gave a brief report on the proposed 2018 Fee
Schedule Amendment. He provided an example of similar fees assessed by City of Tacoma to not
only demonstrate what neighboring cities are charging but demonstrates the discrepancy in fees.
He noted these increased to fees will enable him to be competitive in hiring positions which have
been difficult to fill and retain staff. His department has lost a quarter of total employees in this last
year to neighboring cities who offer better wages and more manageable workload.
Councilmember Tran asked clarifying questions of Mr. Davis who noted these fees are estimated
to generate approximately $150,000 which will go to maintain the current level of service and
current employees. Mr. Davis mentioned there are positions which are simply not being filled due
to lack of qualified candidates applying, such as inspectors.
COUNCILMEMBER DUCLOS MOVED MOVED ADOPTION OF THE 2018 CITY OF FEDERAL WAY
FEE SCHEDULE AS PROPOSED; COUNCILMEMBER KOPPANG SECOND. The motion passed:
6:1 Tran opposed
Federal Way City Council Regular Minutes Page 8 of I1
November 6, 2018
Deputy Mayor Honda
yes Councilmember Koppang yes
Councilmember Assefa-Dawson
yes Councilmember Moore yes
Councilmember Johnson
yes Councilmember Duclos yes
Councilmember Tran
no
b. Cancellation of December 18, 2018 Regular City Council Meeting
DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULE 2.1(1) AND CANCEL THE
DECEMBER 18, 2018 REGULAR MEETING; COUNCILMEMBER MOORE SECOND. The motion
passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
c. Youth Commission Appointments
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
COUNCILMEMBER JOHNSON MOVED TO APPOINT DANIEL CHUNG, IRIS HAMILTON, AND
ANKITA SHARMA TO THE YOUTH COMMISSION TO FILL VOTING POSITIONS EXPIRING
AUGUST 31, 2020; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed
unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
d. Planning Commission Appointments
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
COUNCILMEMBER KOPPANG MOVED TO APPOINT THE FOLLOWING PEOPLE TO THE
PLANNING COMMISSION: WAYNE CARLSON TO FILL A VOTING POSITION EXPIRING
SEPTEMBER 30, TOM MEDHURST TO FILL A VOTING POSITION EXPIRING SEPTEMBER 30,
AND HOPE ELDER TO FILL A VOTING POSITION EXPIRING SEPTEMBER 30, ALSO TO
APPOINT PHILLIP COUTURE AND ERIC OLSEN TO BOTH FILL ALTERNATE POSITIONS ALSO
TO EXPIRE SEPTEMBER 30, 2022; COUNCILMEMBER MOORE SECOND. The motion passed
unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
e. Historical Landmarks Commission Appointment
COUNCILMEMBER KOPPANG MOVED TO APPOINT JASON LUDWIG TO THE HISTORICAL
LANDMARKS COMMISSION; COUNCILMEMBER MOORE SECOND. The motion passed
unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
8. ORDINANCES
First Reading
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
Federal Way City Council Regular Minutes Page 9 of 11
November 6, 2018
a. Council Bill #746 Amending Business Registration Code Sections
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUSINESS REGISTRATION WITHIN FEDERAL WAY; AND AMENDING FWRC
12.05.010, 12.05.040, AND 12.05.070; AND ADDING NEW SECTION TO FWRC
12.05.008 (Amending Ordinance Nos. 91-86, 09-599, 09-600, and 12-717).
Assistant City Attorney Eric Rhoades provided a brief presentation on the proposed ordinance. He
noted this will bring the code into compliance with RCW 35.90 by the January 1, 2019 deadline.
Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
NOVEMBER 20, 2018 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Second Reading/Enactment
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
b. Council Bill #744 Construction Proiects — Apprentice Reauirements
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
THE ESTABLISHMENT OF APPRENTICESHIP UTILIZATION REQUIREMENTS FOR
PUBLIC WORKS CONTRACTS OF MORE THAN $2,000,000; AND ADDING A NEW
CHAPTER TO TITLE 3 FWRC.
Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
c. Council Bill #745 Amendina FWRC Chapters 19.142 and 15.15 Flood
Damage Prevention
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
FLOODPLAIN DEVELOPMENT AND PERMITTING PROCESSES WITHIN THE CITY;
AMENDING FWRC 19.142.040, 19.142.050, 19.142.060; AND REPEALING CHAPTER
15.15 FWRC. (AMENDING ORDINANCE NUMBERS 06-536, 09-593, AND 09-597.)
Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Federal Way City Council Regular Minutes
November 6, 2018
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
Page 10 of 11
9. COUNCIL REPORTS
Councilmember Assefa-Dawson shared that during conversations with IRG they have expressed their
desire to be good neighbors. She wants to ensure they are held to that commitment and suggested
ongoing meetings with both citizens and IRG as a solution.
Councilmember Johnson expressed his eagerness to move forward with the Federal Way Youth
Action Team as he believes this is a step in the right direction. He also addressed the Community
Liaison Position at that Performing Arts and Event Center indicating that he has new understanding
and looks forward to monthly reports from Parks Director John Hutton.
Councilmember Tran reported he has completed one of a two day LEAN Conference and is excited to
share what he will learn.
Councilmember Koppang expressed appreciation for the trust the community has put in him by
electing him and voiced his respect for his fellow council members.
Councilmember Moore spoke congratulated local (projected) winners in Washington's General
Election races..
Councilmember Duclos thanked those in attendance and had no report.
Deputy Mayor Honda invited individuals to attend the Veterans' Day assembly at Todd Beamer High
School at 3:00 p.m. co-sponsored by the Noon Kiwanis Club and Historical Society of Federal Way.
10. EXECUTIVE SESSION
Potential I itigatiGn p Fs ant +„ RQw.l ill 30 1 10(i)( _ canceled.
11. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting 11:55
p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 11 of 11
November 6, 2018
5b
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: STEEL LAKE PARK TO DOWNTOWN TRAIL - PROJECT ACCEPTANCE
POLICY QUESTION: Should City Council accept the Steel Lake Park to Downtown Trail project as complete?
COMMITTEE: Land Use & Transportation MEETING DATE: November 5, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Christine J. Mullen, P. Street Systems Proj. Engr. DEPT: Public Works
Attachments: Land Use & Transportation Committee Memorandum dated November 5, 2018
Options Considered:
1) Authorize final acceptance of the Steel Lake Park to Downtown Trail project constructed by Ceccanti, Inc., in
the amount of $713,434.14 as complete.
2) Do not authorize final acceptance of the completed Steel Lake Park to Downtown Trail project as complete,
and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 20th City
Council consent agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL: VA,1 (0(Z6j1
• Committee'Council InitiaUDate
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the November 20, 2018 City Council consent
agenda for approval.
PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Steel Lake Park to Downtown
Trail project constructed by Ceccanti, Inc., in the amount of $713,434.14 as complete. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 12/2017
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 5, 2018
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: q466. Walsh, P.E., Public Works Director
Christine Mullen, P.E., Street Systems Project Engineer rIN
SUBJECT: Steel Lake Park to Downtown Trail -Project Acceptance
FINANCIAL IMPACTS:
This is the acceptance of construction as complete, and therefore no additional funds are proposed to be
spent as part of this agenda item.
BACKGROUND:
This project provided an 8 ft. sidewalk on the south side of S312th Street from the entrance to Steel Lake
Park to 24th Ave S. (approximately 700 feet), a planter strip separating the sidewalk and roadway,
illumination, and ADA ramps.
Prior to release of retainage on a Public Works construction project, the City Council must accept the work
as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The Steel Lake Park to Downtown Trail Project constructed by Ceccanti Construction Inc., is
complete. The final construction contract amount is $713,434.14. This is $180,424.42 below the
$893,858.56 (including contingency) budget that was approved by the City Council on June 20, 2017.
cc: Project File
5C
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2018 ASPHALT OVERLAY — PROJECT ACCEPTANCE
POLICY QUESTION: Should the Council accept the 2018 Asphalt Overlay Project constructed by Tucci and
Sons, Inc. as complete?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: November 5, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jeff Huynh Street Systems Engineer -- DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated November 5, 2018
Options Considered:
1. Authorize final acceptance of the 2018 Asphalt Overlay Project constructed by Tucci and Sons, Inc. in
the amount of $1,333,094.12 as complete.
2. Do not authorize final acceptance of the completed 2018 Asphalt Overlay Project constructed by Tucci
and Sons, Inc. as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the November 20, 2018
Council Consent AgendA for approval.
MAYOR APPROVAL: p a(, -1 $ f 0:1.DIRECTOR APPROVAL: Yet'✓ t01Zyig
t'ommince'Council ig Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 20, 2018 consent agenda for
approval.
f ,�
Mark Ko ng, Committe�Ch r J e Johnson, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2018 Asphalt Overlay Project
constructed by Tucci and Sons, Inc. in the amount of $1,333,094.12 as complete. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 5, 2018
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
�✓ EJ Walsh, P.E., Public Works Director
FROM: Jeff Huynh, Street Systems Engineer ti
SUBJECT: 2018 Asphalt Overlay —Project Acceptance
FINANCIAL IMPACTS:
This is the acceptance of construction as complete, therefore no additional funds are proposed to be spent
as part of this agenda item.
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The 2018 Asphalt Overlay Project contract with Tucci and Sons, Inc. is complete. The
final construction contract amount is $1,333,094.12. This is $75,474.88 below the $1,408,569.00
(including contingency) budget that was approved by the City Council on March 20, 2018.
cc: Project File
5d
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
.......... ........ ......................................................_.._.._...._......_............................................_...._............................_..._..........................................._..............._........
.................................................................................................................................................................................................................................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: GREEN GABLES '18 NTS - SW 325TH PLACE (51 ST PLACE SW TO HOYT ROAD SW)
POLICY QUESTION: Should the Council approve the installation of four (4) Speed Humps on SW 325th Place
and one (1) lane divider on 47th Avenue SW at the intersection with SW 325t1i Place?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 5, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Erik Preston P.E. Senior Traffic Enginee DEPT: Public Works
............................... .....__.........................._......................................_................_....................--...................................__....__............................................................_......_._.............................._._............_.............................................._..........................._..._........................._.........................
Attachments: Land Use and Transportation Committee Memorandum dated November 5, 2018
Options Considered:
Authorize the installation of four (4) speed humps on SW 325th Place and one (1) lane divider on 47th Avenue
SW at the intersection with SW 325th Place.
2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 20, 2018 City
Council consent agendAor approval.
MAYOR APPROVAL: D p p - _I .fIRECTOR APPROVAL: r/ O 12611g
Committee Council InitiaWate
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the November 20, 2018 consent agenda for
approval.
rk Koppang, VJesse Johnson, oang Tran,
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize the installation offour (4) speed humps on SW 325`i` Place
and one (1) lane divider on 47th Avenue SW at the intersection with SW 325`1` Place. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 5, 2018
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: ltwwalsh, P.E., Public Works Director
Erik Preston, P.E., Senior Traffic Engineer
SUBJECT: Green Gables '18 NTS — SW 325th PI (51St PI SW to Hoyt Rd SW)
FINANCIAL IMPACTS:
This project is part of the Neighborhood Traffic Safety (NTS) Program. In accordance with the approved budget
this project is funded by the Streets Fund. Upon completion of this project, ongoing costs associated with
operations and maintenance will be performed and funded through Streets and Traffic Division maintenance.
Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required
during the budget process.
The currently allocated NTS budget is $50,000 per year with $20,000 designated specifically for school NTS
and/or school safety related improvements. Currently, two (2) NTS projects have been built in 2018 at a cost of
$37,500, with another currently under construction at a cost of $8,000, leaving $4,500 still available for 2018.
The estimated cost of this project is approximately $17,000 which exceeds the $15,000 per neighborhood per
year budget limitation policy guideline and the available 2018 budget.
Due to a gas main replacement on SW 325th Pl, a full width asphalt overlay is required. The overlay has not
been scheduled, but is likely to occur in the spring of 2019. As a result, the construction of this project could not
occur until spring or early summer 2019, once the overlay is complete. One 2018 NTS project is currently
planned to construct phase 2 in 2019 at a cost of $12,500. The construction of this project in 2019 at a cost of
$17,000 would consume a total of $29,500, leaving $20,500 available in the 2019 NTS budget.
BACKGROUND:
Residents along SW 325th Pl submitted a petition on May 22, 2018 requesting traffic calming devices to control
vehicle speeds along SW 325th PI between 51St PI SW and Hoyt Rd SW which is classified as a Minor Collector
with a posted speed limit of 25 mph. Traffic studies were conducted in June of 2018, and the results are as
follows:
Based on the current adopted NTS installation criteria (per table below), the petition scored 3.0 total severity
points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices.
0
Daily
Park or
# of 5 yr.
Total
Street
Speed
Traffic
School
Collisions
Injury/Fatal
Score
(mph)
Collisions
SW 3251 PI (E/o 491Ave SW)
31.8
1,272
No
0
0
-
Minor Collector, 25mph)
SW 325 PI (E/o 47" Ave SW)
29.5
2,002
No
0
0
-
(Minor Collector, 25m h
Points Scored
2.0
1.0
0
0
0
3.0
Based on the current adopted NTS installation criteria (per table below), the petition scored 3.0 total severity
points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices.
Minor Collector Street NTS Criteria
Point
Scale
85th Percentile
Speed
Average Daily
Traffic ADT
Location
School/Park
5 -Year Collision History
Total
Injury Fatal
0.0
0-25
0-1,000
No
1
- -
0.5
26-27
1,001 —1,800
Yes
2
- -
1.0
28-29
1,801 — 2,600
-
3
1 -
1.5
30-31
2,601 — 3,400
-
4
- -
2.0
32-33
3,401 — 4,200
-
5
2 1
2.5
34-35
4,201 - 5,000
-
6
- -
3.0
36+
5,001+
-
7+
3+ 2+
A neighborhood traffic safety meeting was held on June 21, 2018. The 19+ attendees all agreed that reducing
speeding along the entire length of SW 325`" Pl was a high priority. There was also concern about westbound
vehicles cutting the corner when turning left (south) onto 47th Ave SW. Speed Humps, an All -Way Stop, Mini -
Roundabout, Lane Dividers, and Raised Crosswalks were among the options discussed during the meeting along
with a variety of combinations.
PROPOSAL'
Based on these concerns, Option 1 (below) was developed to slow vehicles along the entire length of SW 325th Pl
and restrict vehicles from cutting across the intersection with 47th Ave SW. With the reduced speed provided by the
speed humps, the safety of the SW 325th PI corridor should be greatly improved for both motorists and pedestrians.
Option l — Four (4) Speed Humps and one (1) Lane Divider
This option would install a total of four (4) speed humps and one (1) lane divider as shown on the attached figure.
Great effort was taken to space the speed humps as evenly as possible so vehicles did not get a chance to speed up
in-between devices. The typical spacing is between 430 and 500 feet, which is in the middle of the 300-600 foot
"rule -of -thumb" window for effective spacing of traffic calming devices. The humps are located to avoid directly
impacting driveways and mailbox delivery and will be located at the marked locations near (or between) the
following addresses:
• 4624 SW 325th
Way
• 4727 SW 325th
Place
• 4909 SW 325th
Place
• 5016 SW 325th
Place
The lane divider curb will be about 50 feet long and located on the centerline of 47th Ave SW at the approach to SW
325th Pl. The proposed devices should be effective in reducing vehicle speeds and improving vehicular and
pedestrian safety. However, there may be some negative impacts to the neighborhood including inconvenience and
perhaps a slight increase in emergency response time.
Option 2 — No Action
This option would not build any traffic calming devices and the street would remain in its current configuration.
Advisory Ballot
in accordance with established NTS policies, City staff sent a total of 158 ballots to property owners and
occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations.
The table below summarizes the incomplete ballot results for the 48 ballots received (30% return rate):
Green Gables 2018 NTS Ballot Count
Option Description Total Percent
1 Four (4) Speed Humps and one (1) lane divider 32 67%
2 No Action 16 33%
The Traffic Division staff proposal is in accordance with the balloting results in recommending Option 1. The
proposed locations for the speed humps and lane divider have been marked on the street. The proposed package
should be effective in reducing speeds along SW 325th PI and restrict vehicles from cutting across the
intersection with 47th Ave SW. However, there may be some negative impacts to the neighborhood including
inconvenience, noise, and a slight increase in emergency response time. These improvements would not be
constructed until after the full width asphalt overlay of the street is completed. The overlay has not been
scheduled, but is likely to be completed in the spring of 2019 with these improvements constructed soon after in
the spring or early summer.
cc: Project File
Day File
encl: Map of Option 1
Lr)
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h.
V)
.0
z
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cu
41
.'WAN
5e
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
..................................... ........ ...... ..... ..... ..................................................................................................................... ...... ......................_.............................................................................
......................................................................................... .............................................................................................................. ............
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SOLID WASTE COLLECTION SERVICES PROCUREMENT — AUTHORIZATION FOR PROPOSALS
POLICY QUESTION: Should the City Council authorize staff to request proposals for solid waste collection
services via a competitive procurement process?
COMMITTEE: Land Use & Transportation MEETING DATE: Nov. 5, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rob Van Orsow, Solid Waste & Recyclin oord. DEPT: Public Works
Attachments:
1. Memorandum to Land Use & Transportation Committee
Options Considered:
1. Authorize soliciting Proposals.
2. Do not authorize soliciting Proposals and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 20, 2018 City
Council Consent Agenda for approval.
MAYOR APPROVAL: D � 0 --a l .,DIRECTOR APPROVAL: 'S., 1;�2clIo
Committee Council b itial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the November 20, 2018 consent agenda for
approval.
/ J
Mark Kota s7, Committee C air JcKsetfohnson, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: ""I move approval of the authorization of staff to request Proposals for Solid Waste and
Recycling Collection Services. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 12/2017
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 5, 2018
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: 1,t4&'Walsh, P.E., Director of Public Works
Rob Van Orsow, Solid Waste & Recycling Coordinator:---4�v---
SUBJECT: Solid Waste Collection Services Procurement — Authorization for Proposals
FINANCIAL IMPACTS:
The City of Federal Way is conducting a Solid Waste Collection Services Contract procurement process.
A Professional Services contract is in place for consultant assistance with this process (funded per the
adopted 2018 budget) and there are no other immediate financial impacts.
BACKGROUND:
The City of Federal Way City Council previously adopted Council Resolution 18-740 that approves
completing a competitive Request for Proposals (RFP) process to procure a new Contractor to provide
comprehensive Solid Waste Collection services under City administration. As such, this request is to
authorize:
1. Request for Proposals for Solid Waste Collection Services
cc: Project File
Day File
5f
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2019/2020 SURFACE WATER MAINTENANCE AND SERVICES BID AWARD
POLICY QUESTION: Should City Council authorize SWM staff to award the 2019/2020 Surface Water
Maintenance and Services Contract to Action Services Corporation, the lowest responsive responsible bidder, in
the amount of $218,592.00?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
® Consent ❑ Ordinance
❑ City Council Business ❑ Resolution
STAFF REPORT BY: Theresa Thurlow, P.E., Surface Water N
MEETING DATE: November 5, 2018
❑ Public Hearing
❑ Other
DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated November 5, 2018
Options Considered:
Authorize staff to award the 2019/2020 Surface Water Maintenance and Services Contract to Action
Services Corporation, the lowest responsive, responsible bidder, in the amount of $218,592.00.
2. Do not authorize staff to Droceed and Drovide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Optionl to the November 20, 2018 Council
Consent Agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL: Z (, 1 8
Committee Councilinitial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 20, 2018 consent agenda for
approval.
Mark Ko e, Committee. hair JOWTJohnson, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize SWM staff to award the 2019/2020 Surface Water
Maintenance and Services Contract to Action Services Corporation, the lowest responsive, responsible bidder
in the amount of $218,592.00. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 12/2017
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 5, 2018
TO: Land Use & Transportation Committee
VIA: Jim F rrell, Mayor
FROM: " ' G COY -Walsh, P.E., Public Works Director
Theresa Thurlow, P.E. Surface Water Manager''
SUBJECT: 2019/2020 Surface Water Maintenance and Services Bid Award
FINANCIAL IMPACTS:
This project is included within the proposed 2019/2020 budget under the Surface Water Management
(SWM) 401 (operations) fund. In accordance with the proposed budget this project is funded by the
SWM funds in the amount of $231,513.00. This is an on-going maintenance service vactoring the City's
catch basins and manholes in accordance the NPDES Phase I1 Permit. These services have had an
escalating financial impact as a result of changing regulatory requirements and increases in the City's
drainage infrastructure. This contract is for calendar year 2019 with an option of extension into 2020.
BACKGROUND:
Three bids were received and opened on October 17, 2018 for the 2019/2020 SWM Maintenance and
Services Contract. The Bid Tabulation Summary is as follows:
Company Bid Amount
Bravo Environmental, LLC $234,979.32
Action Services Corporation $218,592.00
Best Parking Lot Cleaning, LLC $224,734.49
Action Services has been determined to be the lowest responsive, responsible bidder with a bid amount of
$218,592.00. The amount available in the 2019 budget for this contract is $231,513.00.
cc: Project File
SUBJECT: DRAFT AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN — STAGE 1
POLICY QUESTION: Should council authorize staff to take the Draft ADA Transition Plan — Stage 1 out for
public outreach and review and return to council to share public outreach results and to complete final Plan
adoption?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 5, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Direct DEPT: Public Works
....................................................................................................................................................................................................................................................................................
..........................................................................................................................................................................................................................................................
Attachments: Staff Report
Draft Americans with Disabilities Act (ADA) Transition Plan — Stage 1 — City Center
Options Considered:
1. Authorize staff to take the Draft ADA Transition Plan — Stage 1 out for public outreach and review and
return to council to share public outreach results and to complete final Plan adoption.
2. Do not authorize staff to take the Draft ADA Transition Plan — Stage 1 out for public outreach and
review and provide direction to staff.
MAYOR'S
N: Option 1
MAYOR APPROVAL: fl �% DIRECTOR APPROVAL: 2r EA'41,
Committee Council Initial/Date
Initial/Date Initia /Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the November 20, 2018 consent agenda for
approval.
PROPOSED COUNCIL MOTION: "I move to authorize staff to take the Draft ADA Transition Plan — Stage 1 out
for public outreach and review and return to Council to share public outreach results and to complete final
plan adoption. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED- 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 5, 2018
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: LaWalsh, P.E., Public Works Director
i,Wesire6 S. Winkler, P.E., Deputy Public Works Director
SUBJECT: Draft Americans with Disabilities Act (ADA) Transition Plan — Stage 1
FINANCIAL IMPACTS:
The development of this "Draft Americans with Disabilities Act (ADA) Transition Plan — Stage 1" has
been accomplished through existing staff resources and will be finalized with existing staff resources. The
larger financial impact of completing the physical infrastructure upgrades is currently not fully funded
and is currently implemented through the course of other capital improvement projects. Additional
funding for stand-alone infrastructure upgrades will need to be identified in future budget discussions.
BACKGROUND:
The landmark Americans with Disabilities Act (ADA) of 1990 provides comprehensive civil rights
protections to qualified individuals with disabilities in the areas of employment, public accommodations,
state and local government services, and telecommunications. A primary goal of the ADA is the equal
participation of individuals with disabilities in the mainstream of American society.
The ADA requires that all governmental agencies complete a Transition Plan for the construction of
accessible routes in streets, municipally owned parking lots, and public facilities. A summary of
requirements for the ADA Transition Plan are as follows:
1) Policies, procedures, and design standards to ensure new construction and modifications meet
current ADA standards.
2) Detailed inventory and evaluation of existing pedestrian pathways.
3) Detailed outline of the process and schedule for removing these barriers to make public pathways
accessible;
4) Establishment of a grievance process that may be used by anyone who wishes to file a complaint
alleging discrimination on the basis of disability.
5) Identification of an ADA Coordinator.
6) A robust public.outreach process for the development of the ADA Transition Plan.
The detailed evaluation of the city's existing pedestrian facilities requires walking and measuring every
stretch of pathway including sidewalks, driveways, and curb ramps. This is a tremendous undertaking and
has been accomplished through existing and temporary staff resources. Given the immensity of a city-
wide evaluation, staff focused on one geographical location with the highest density of pedestrians — the
city center. This is one stage of a multiple stage process that will eventually have all public facilities
evaluated.
November 5, 2018
Land Use and Transportation Committee
Draft ADA Transition Plan — Stage 1
Page 2
Summary - City Center Findings
In City Center there are over $4.0 Million of non -ADA compliant pedestrian facilities. However, it is
recommended that approximately $1.0 Million of these non-compliant facilities be classified as a barrier
and require replacement. Strategy for implementing replacements include replacement of facilities as part
of adjacent pavement overlay and/or capital improvement projects; requirement for development to
upgrade as part of development; and establishing funding for stand-alone spot improvement projects.
Next Steps
Staff will be taking the "Draft ADA Transition Plan — Stage 1" through a robust public outreach process
that will include the following:
1) Public review copies of the draft plan will be made available in public libraries, at City Hall, and
on the City's web site. Advertisement of it's availability will be made through legal notices and
social media.
2) Alternative forms of this document will be made available upon request.
3) Specific outreach to groups representing disabled populations will be made requesting review and
feedback on the Draft Plan and recommended next steps. Staff envisions this to include senior
housing facilities as well.
4) Staff with work with Public Transit Agencies regarding specific groups, citizens, or riders that
may have an interest in the City's Transition Plan and outreach to them accordingly.
5) If there is enough interest, staff will host an open house at the community center to present the
Draft Plan.
Feedback from the public outreach process will help to finalize the Plan. Staff proposes to bring the final
plan including results of the public outreach process to council for final consideration and adoption in
June 2019.
AMERICANS WITH
DISABILITIES ACT
TRANSITION PLAN "ry° Federal Way
STAGE 1—CITY CENTER
DRAFT
DRAFT
Table of Contents
AMERICANS WITH DISABILITIES ACT TRANSITION PLAN STAGE 1—CITY CENTER ........................... 0
Cityof Federal Way.....................................................................................................................
0
List of Abbreviations/Acronyms/Symbols......................................................................................
2
1.0 Introduction.........................................................................................................................
3
2.0 Overview..............................................................................................................................
3
3.0 Policies and Procedures............................................................................................................
4
3.1 City of Federal Way Policies and Procedures for Creating Barrier -Free Transportation
Systems: New Construction and Alterations.......................................................................
4
3.2 Pedestrian Path Evaluation Procedures: ............................................................................
6
3.2.1 Preliminary Evaluation — Curb Ramps Only...........................................................................
6
3.2.2 Detailed Evaluation................................................................................................................
7
4.0 Sidewalk, Curb Ramp, Driveway and Accessible Pedestrian Signal Inventory .....................
11
4.1 Barrier Prioritization..........................................................................................................
12
4.2 Accessibility Index Score.......................................................................................................
12
4.3 Geographic Prioritization Methodology.................................................................................
14
4.4 Geographical Location Consideration................................................................................
15
5.0 Highest Priority Evaluation Criteria.........................................................................................
15
6.0 Strategies for Funding Barrier Removal..................................................................................
18
7.0 Findings for City Center...........................................................................................................
18
7.1 Sidewalk.............................................................................................................................20
7.2 Curb Ramps........................................................................................................................
24
7.3 Driveway............................................................................................................................
27
7.4 Pedestrian Signals..............................................................................................................
31
7.5 Transition Plan Cost and Schedule.....................................................................................
33
8.0 Recommendations..................................................................................................................
36
AppendixA................................................................................................................................................38
Page 1 1
DRAFT
List of Abbreviations/Acronyms/Symbols
ADA
Americans with Disabilities Act
APS
Accessible Pedestrian Signal
BAA
Boarding and Alighting
DWS
Detectable Warning System
GIS
Geographic Information System
M/T/S
Median/Traffic Island/Splitter Island
MUTCD
Manual on Uniform Traffic Control Devices
PAR
Pedestrian Access Route
PPB
Pedestrian Push Button
PCP
Pedestrian Circulation Paths
City
City of Federal Way
min.
minimum
max.
maximum
in.
inch(es)
ft.
feet
"
inch(es)
'
feet
% percent
Page 1 2
DRAFT
1.0 Introduction
The landmark Americans with Disabilities Act of 1990 provides comprehensive civil rights
protections to qualified individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunications. A primary goal
of the ADA is the equal participation of individuals with disabilities in the "mainstream" of
American society. Title II of the Act took effect on January 26, 1992 and covers programs,
activities, and services of public entities, including City of Federal Way, Washington. Most
requirements of Title II are based on Section 504 of the Rehabilitation Act of 1973, which
prohibits discrimination on the basis of disability in federally assisted programs and activities.
The ADA extends Section 504's non-discrimination requirement to all activities of public
entities, not only those that receive Federal financial assistance.
Stage 1 of the City of Federal Way Americans with Disabilities Act (ADA) Transition Plan
provides policies and practices for implementing physical pedestrian improvements within the
public right-of-way of the City of Federal Way in the City Center. The goal is to optimize the
pedestrian experience, to provide safe and usable pedestrian facilities for all pedestrians, and to
assure compliance with all federal, state, and local regulations and standards. The ADA requires
that all governmental agencies complete a Transition Plan for the construction of accessible
routes in streets, municipally owned parking lots, and Public Facilities. The contents and
requirements of ADA Transition Plans are described in the ADA Title II Technical Assistance
Manual, Section II -8.3000.
Future stages of the City's ADA Transition plan will cover:
Stage 2 — Arterial Streets
Stage 3 — City Properties (under ADAAG)
Stage 4 — Collector Streets
Stage 5 — Local Streets
The stages were developed in order to have manageable amounts of work to complete and
analyze. The order of the stages were determined to address the areas that serve the greatest
number of people and that support access to mass transit.
2.0 Overview
The City of Federal Way ADA Transition Plan contains the following:
• Policies and Procedures
• A list of physical barriers in the City that limit the accessibility of public pedestrian paths,
including signalized pedestrian crossings to individuals with disabilities;
• A detailed outline of the process to be implemented for removing these barriers to make
public sidewalks accessible;
• A schedule for taking the necessary steps to achieve compliance with Title II and
identifies the interim steps that will be taken for the transition period;
• The name of the official responsible for the Plan's implementation.
Page 1 3
DRAFT
This ADA Transition Plan is the first published by City of Federal Way. It should be considered
a first step of a larger process. City of Federal Way's approach is unique, in that this document
does not attempt to inventory all ADA deficiencies city-wide. This document fully inventories
selected geographic areas within the City such as the City Center. Taking an incremental
approach better utilizes City of Federal Way's limited resources, balancing community needs
with funding realities. The reduced scope of this first edition ADA Transition Plan will provide
the City with valuable cost data that can be applied to other geographic areas within the City in
future Plan updates. More accurate cost data will help to better fit size of projects to program
budgets.
The ADA requires that meaningful public participation be included as part of the ADA
Transition Plan drafting and adoption process. Input from various stakeholders is currently being
sought. Members of the public who have requested accommodations are being invited to review
the draft of this plan, as well as other disabled individuals and their advocates. The draft of this
plan will be provided in accessible formats upon request. In addition to the specific call for
comment on this draft Transition Plan, the document will undergo public hearings that allow for
public comment at City of Federal Way City Council meetings.
There is much work to do to upgrade Federal Way's pedestrian facilities within its public rights
of way, but the City of Federal Way is committed to making ours an accessible community.
3.0 Policies and Procedures
A barrier -free transportation system requires policies and procedures that ensure that all
departments and programs are striving to meet the goal of a transportation system that is free of
barriers. Planning documents must provide clear policy direction for new development.
Inspection practices must assure that sidewalk facilities have been constructed according to plan
and meet applicable standards.
The City has an interest in exercising particular diligence in regard to pedestrian facility
development, regardless of whether pedestrian facilities have been constructed as part of a
private development project or as part of a public works project. The cost associated with
remediation of work that has been done incorrectly often far exceeds the original cost of the
initial project.
3.1 City of Federal Way Policies and Procedures for Creating
■ ■ v
Barrier -Free Transportation Systems: New Construction and
Alterations
Title II of the ADA requires that new facilities be designed and constructed such that they are
readily accessible to and usable by persons with disabilities. New construction projects address
the construction of a new roadway or other transportation facility where none existed before.
New construction is expected to meet the highest level of ADA accessibility unless it is
structurally impracticable to achieve full compliance.
Page 1 4
DRAFT
If full ADA compliance cannot be achieved in new construction, compliance is required to the
extent structurally practicable. The United States Department of Justice (USDOJ), the primary
enforcement agency for the ADA, has explicitly clarified in its guidance on the ADA regulations
that structural impracticability is not to be applied to situations in which a facility is located in
"hilly" terrain or on a plot of land upon which there are steep grades. In such circumstances,
accessibility can be achieved without destroying the physical integrity of the structure, and is
required in the construction of new facilities. The City of Federal way Development Standards
demonstrate and take into account ADA requirements for new construction by providing
compliant details for use in new developments or within public Rights of Way.
In the City of Federal Way, the vast majority of construction projects are not classified as new
construction under the ADA, but rather they are classified as alterations. An alteration is a
project that occurs within an existing developed right-of-way. Alterations include reconstruction,
major rehabilitation, widening, resurfacing (e.g., asphalt overlays or mill and fill), signal
installation and upgrades, and projects of similar scale and effect. An alteration project must be
planned, designed, and constructed so that the required accessibility improvements occur at the
same time as the alteration.
Alterations to existing facilities are required to meet new construction standards to the maximum
extent feasible. If full ADA compliance cannot be achieved in an alteration, compliance is
required to the maximum extent feasible within the scope of the project. Examples of work that
is not within the scope of a project include the need to acquire right of way when right of way is
not being acquired elsewhere on the project; the need to relocate utilities when utilities are not
being relocated elsewhere on the project; the need to vertically realign the roadway when the
roadway is not being vertically realigned elsewhere on the project; etc. Federal Way will
document instances in alteration projects where full compliance could not be achieved in a
maximum extent feasible memorandum. The documentation of these instances will reveal the
standard of care that guided engineering judgments.
On January 23, 2008 the US Department of Transportation issued a memorandum titled Public
Rights of Way Advisory. In this memorandum, USDOT requires local agencies receiving federal
funds, such as Federal Way, to utilize the 2005 PROWAG for accessibility standards for all new
construction and for all alteration projects. USDOT has provided subsequent clarification that
"resurfacing is an alteration that triggers the requirement to add curb ramps if it involves work on
a street or roadway spanning from one intersection to another, and includes overlays of
additional material to the road surface, with or without milling," provided the overlay impacts an
intersection or crosswalk. Minor patching, such as may occur to fill a pothole or adjust a utility
lid is exempt.
Page 1 5
DRAFT
Specific Federal Way Policies are as follows:
3.1.1 The City's Comprehensive Plan includes goals and policies that support development
of an accessible transportation system (Chapter Three Transportation, page 66, Policy
TP62);
3.1.2 Updates to the City Development Standards will include specific requirements to
upgrade sidewalks and traffic signal crossings to meet current ADA guidelines;
3.1.3 Concurrent with street overlay work, every place where sidewalks intersect the
project, the crossing will be brought up to current ADA guidelines, including
compliant accessible routes, to the maximum extent feasible;
3.1.4 Concurrent with all major capital improvement projects, sidewalks (including
driveways and curb ramps within the project limits) will be brought up to current
ADA guidelines, and accessible pedestrian signals (APS) shall be installed at all
signalized pedestrian crossings;
3.1.5 Roadway design will meet current ADA guidelines to the maximum extent feasible to
assure that new ramps are properly located, designed, and constructed correctly;
3.1.6 Inspection practices will assure that sidewalk facilities have been constructed
according to plan and meet applicable guidelines;
3.1.7 Citizen requests will be well-documented and follow-through will be tracked.
3.1.8 The Public Works Director/Deputy Director will serve as the Sidewalk Transition
Plan Manager for the Public Works Department for work within public right-of-way.
Federal Way is responsible for transitioning all of the City pedestrian facilities within public
rights-of-way and public facilities to be compliant with the current ADA guidelines.
Upgrading the entire network is an immense undertaking and must be done in phases that
are dependent on available resources.
3.2 Pedestrian Path Evaluation Procedures:
Beginning in 2017, the City is updating the sidewalk and curb ramp inventory using the
following two-step process:
3.2.1 Preliminary Evaluation - Curb Ramps Only
Preliminary evaluation is designed to give the City a reasonably accurate sense for what the
existing conditions are. "The Preliminary Evaluation -Curb Ramps Only" will inventory and
document:
A. Existence of sidewalk;
B. Existence of curb ramps at all locations in which the sidewalk intersects roadway
intersections or makes a major transition;
C. Analysis using the City's aerial photography and Google Street View TMto determine
whether or not existing curb ramps are compliant. These will be categorized as
follows::
1. Not compliant with current ADA guidelines and do not offer "substantial
compliance", i.e. do not offer and safe and usable access to the majority of the
population needing curb ramps for mobility;
Page 1 6
DRAFT
2. Not compliant with current ADA guidelines but do offer "substantial"
compliance, i.e. they do offer safe and usable access to the majority of the
population needing curb ramps for mobility (the ramp was built in the past under
a vastly different standard and was compliant when built, but falls short of current
guidelines); or
3. Geometry is close to the current guideline, and:
a. Has ADA detectable warning surface; or
b. Does not have ADA detectable warning surface; and
c. Does have what appears to be a level landing that is close to or exceeds
four feet by four feet in area.
d. Does not have what appears to be a level landing that is close to or
exceeds four feet by four feet in area.
The City concluded this work in 2017 and the results showed that over 80% of the 2,600+ curb
ramps fail to meet current ADA standards. However, it is estimated that approximately 30% of
the 2,600+ curb ramps would need to be replaced or retrofitted in order to provide reasonable
accessibility.
3.2.2 Detailed Evaluation
Detailed evaluation will fully satisfy the Federal guidance covering self-evaluation. The
following evaluation criteria are based on the 2005 PROWAG and have been incorporated into
inventory sheets covering six types of pedestrian facilities found within the City of Federal Way:
Six types of pedestrian facilities are:
1. Pedestrian Circulation Paths (PCP) (sidewalks and road shoulders)
2. Curb ramp
3. Pedestrian pushbutton
4. Bus Stop
5. Public Parking
6. Street Furniture
Evaluation Criteria are listed below for all above facilities:
1. Pedestrian Circulation Paths (PCP) (sidewalks and road shoulders)
• Continuous pedestrian access route
• Diverging surfaces protected to prevent trips or falls
• 4' min. clear width, excluding curb
• 80" min. vertical clearance to protruding object, or 27" max. height barrier for
protruding object
• Post mounted objects 27" to 80" height protrude 4" max., excluding curb
• Objects that protrude greater than 4" at a height greater than 27" and less than 80"
must be equipped with a cane -detectable warning device.
• A Pedestrian Access Route (PAR) less than 5' wide clear width (exclusive of
curb) shall provide passing spaces 200' min. apart
Page 1 7
DRAFT
• Passing spaces 5'X 5' min.
• PAR cross slope max. 2.0%, except mid -block crosswalk and connected curb
ramp can match street grade
• Cross slope 5.0% max. at crosswalk without stop sign control
• Max. running grade for PAR adjacent to roadway shall not exceed the profile
grade of the adjacent roadway
• 5.0% max. running grade for PAR not adjacent to roadway
• 5.0% max. running grade in a crosswalk (marked or unmarked)
• PAR surface shall be firm, stable and slip resistant
• Vertical alignment shall be planar
• Grade breaks shall be flush
• 1/4" max. vertical surface discontinuity
• Vertical surface discontinuities between 1/4" and 1/2" may be beveled at 2H: IV
or flatter, except at grade breaks.
• Sidewalk joints and grate openings shall not permit passage of a max. 1/2"
diameter sphere
• Elongated grate openings shall be oriented perpendicular to the dominant
direction of travel
• Provide a PAR if a driveway intersects a walkway/sidewalk
2. Curb Ramps
• PAR at each end of crosswalk connected by a ramp
• Entrance to the street within crosswalk markings at marked crossings
• Clear width 4' min., unobstructed, excluding flares
• Running slope 8.3% max. unless ramp length is 15'
• Cross slope 2.0% max.
• Mid -block ramp cross slope may match the roadway profile
• Landing required at top of perpendicular ramp and at bottom of parallel ramp
• Ramp landing 4' by 4' min.
• Ramp landing cross slopes 2.0% max.
• Mid -block landing cross slopes may match the street profile.
• Flare slopes 10.0% max. measured relative to curb slope
• Flare slope required when PCP crosses the ramp from the side
• 5.0% max. gutter counter slope at the foot of the ramp
• Surfaces shall be firm, stable and slip resistant
• Gratings, access covers, utility objects and other appurtenances shall not be
located on curb ramps, landings or gutters within the PAR
• No vertical surface discontinuity is allowed within curb ramps, landings, or clear
spaces for operable parts, which must be planar
• Grade breaks at the top and bottom of curb ramps must be perpendicular to the
direction of travel
• Grade breaks must be flush
• 4' by 4' min. clear space where the bottom of curb ramp or landing meets gutter
Page 1 8
DRAFT
• Clear space must be contained within the crosswalk width
• Detectable Warning Surface (DWS) required if the curb ramp/landing connects to
a roadway
• Truncated dome pattern required for DWS
• Rows of truncated domes parallel with back of curb
• DWS must be full width of curb ramp/landing connection to the street
• DWS must be 24' min. depth
• DWS must be installed at back of curb
• DWS must contrast with background (light -on -dark or dark -on -light)
• Median/Traffic Island/Splitter Island (M/T/S) shall provide a PAR connecting to
each crosswalk
• Each M/T/S PAR is 6' min. length
• M/T/S shall provide a passing space min. 5' wide by 5' long for each PAR
• DWS located at each M/T/S curb ramp or roadway entrance of a PAR
• M/T/S DWS are separated by 2' min. in the direction of travel
• When the PAR of a shared -use path goes through a median or traffic island, the
width shall be the same as the width of the shared -use path
3. Pedestrian Push Buttons (PPB) (at signalized intersections)
• Signalized pedestrian crossings use Accessible Pedestrian Signals (APS)
• PPB not greater than 5' from the crosswalk line (extended) that is furthest from
the center of the intersection
• PPB between 1.5' and 10' from the edge of the curb, shoulder, or pavement
• PPB mounting height 48" max., 15" min. (42" desirable)
• Clear space adjacent to PPB must be connected to the crosswalk served by a PAR
(May overlap ramp landing)
• Clear space adjacent to PPB 30" min. (design wheelchair width) by 48" min.
(design wheelchair length)
• Additional maneuvering space required if the clear space is constrained on 3 sides
• Adjacent sidewalk access have 2.0% max. running and cross slopes
• Reach range for a parallel approach 10" max. if push button mounting height is
between 46" and 48"
• Reach range for a parallel approach 24" max. (10" or less desirable) if push button
mounting height is 46" max.
• Reach range for a forward approach 0" max.
• APS push buttons shall have a locator tone that operates during the DON'T
WALK and the flashing DON'T WALK intervals only
• APS push buttons shall have both audible and vibrotactile indications during the
WALK interval
• APS push button control faces shall be installed to face the intersection and be
parallel to the crosswalk served
• APS push buttons shall have a tactile arrow that indicates the crossing direction
activated by the button
Page 1 9
DRAFT
• APS push button is aligned parallel to the direction of travel in the associated
crosswalk
• APS push buttons shall be high contrast (light -on -dark or dark -on -light) against
its housing
• APS push buttons with extended push button press features shall be marked with
three braille dots forming an equilateral triangle in the center of the push button
• If additional crossing time is provided by an extended push button feature, then an
MUTCD R10 -32P plaque shall be mounted adjacent to or integral with the APS
push button
• If the pedestrian clearance time is sufficient only to cross from the curb or
shoulder to a median to wait the next cycle, then an additional APS push button
shall be provided in the median
• 10' min. spacing between APS push buttons (5' min. in medians and islands), if
feasible
• For spacing 10' or greater, audible WALK indication shall be a percussive tone
• For spacing less than 10', audible WALK indication shall be a speech walk
message
4. Bus Stops
• Boarding and Alighting Area (BAA) to 8' min. (measured perpendicular to the
curb/roadway) by 5' min. (measured parallel to the curb/roadway)
• BAA grade 2.0% max. measured perpendicular to the roadway, matches street
grade measured parallel to the street
• BAA connected to streets, sidewalks or pedestrian paths by a PAR
• Bus shelter clear space entirely within the shelter
• Bus Shelter clear space 36" by 48" min. if constrained on three sides. Clear space
30" by 48" min. if not constrained on three sides
• Bus shelter connected to the boarding and alighting area by a PAR
5. Public Parking
• Number of accessible ramps shall meet or exceed the minimum required number
of stalls for the block perimeter.
• Accessible stalls are located where most convenient to key destinations.
• Accessible stalls are located where street cross section and grade are flattest.
• For parallel stalls, where the adjacent walkway width exceeds 14 ft, a 5 ft min.
access aisle shall be provided at street level.
• Parallel stall access aisles shall be connected to the PCP with a PAR.
• Parallel stall access aisles shall not encroach on vehicle travel lanes.
• Sidewalk adjacent to parallel stalls is free of obstructions and/or curb ramps.
• When an access aisle is not required, the accessible parking stall shall be located
at either end of the block face.
• When an access aisle is not required, the end of block curb ramp may be used as
the PAR.
Page 1 10
DRAFT
• For perpendicular stalls, an 8 ft min. width access aisle shall be provided at street
level the full length of the accessible stall.
• Perpendicular stall access aisles shall be connected to the PCP with a PAR.
• Perpendicular stall access aisles shall be marked to discourage parking in them.
• Two perpendicular stalls may share an access aisle except where backing in is
prohibited.
6. Street Furniture
Where tables are provided in a single location, at least 5.0%, but no fewer than 1,
shall comply with the following.
• At tables provide a level 30" by 48" clear ground space with knee and toe
clearance.
• Knee clearance at tables shall be 8" deep min. at 27" height, and may be reduced
to 9" height at 11 " deep.
Table tops shall be 28" min. and 34" max. height.
The table clear ground space shall be attached to the PCP with a PAR.
Where benches without tables are provided at a single location, at least 50% but not
less than 1, shall comply with the following:
• Provide a level 30" by 48" clear ground space parallel to the short axis of the
bench at the end of the bench.
• Bench height at the front shall be between 17" min. and 19" max. height.
• The bench clear ground space shall be attached to the PCP with a PAR.
Trained inspectors use the inventory sheets to identify accessibility barriers in any of these
pedestrian facilities. This data will be automatically entered into a database in the City's GIS
system and when complete will include all of the City's streets. Once the data is complete, the
database will be maintained in-house and such changes as annexations and improvements and/or
deterioration that the "score" of a sidewalk segment or curb ramp will be accounted for as soon
as the new data is entered. The pedestrian paths (sidewalks), curb ramps, PPB, BAA data
dictionary used during ArcCollector TM self-evaluation are located in Appendix A.
4.0 Sidewalk, Curb Ramp, Driveway and Accessible Pedestrian
Signal Inventory
As of August 2018 approximately 36% of the City's sidewalks have been inventoried. Preparing
a complete and useful inventory is costly for all agencies because of the huge amount of labor
required to collect, input, and manage the data. The City of Federal Way has been striving
toward the goal of having a complete and accurate inventory of all public infrastructures.
The City's current sidewalk and curb ramp inventory was completed in 2018 as part of a
comprehensive citywide walkway study focused on high pedestrian use areas with emphasis on
the City Center and principal arterial streets, and the City has also completed an inventory of all
the city -owned traffic signals that may need accessible pedestrian signal improvements.
Page 1 11
DRAFT
The inventory identified 1,311 existing curb ramps with approximately 445 of those judged to
offer compliance when inventoried.
There are 87 traffic signals in Federal Way, six of which are owned and operated by WSDOT.
The City has 563 push buttons, among 224 does not have Audible tones.
4.1 Barrier Prioritization
To focus City efforts toward facilities that pose the largest barrier within the public right of way,
an analysis of the accessibility of each pedestrian facility and its proximity to public destinations
such as government offices, schools, churches, parks, transit, senior centers, multifamily homes,
and other pedestrian attraction zone are undergoing data collection. The result of this analysis
will be a prioritized list of facilities with barriers.
If the facility did not meet PROWAG criteria points were assigned, with the number of points
dependent on the relative extent of non-compliance. Each facility is given a point (described in
section 4.2) for each deficiency category and a sum total of these points indicate the level of
noncompliance based on geometric factors. These are categorized into three different levels. A
higher total score indicates a higher level of non-compliance (i.e. more of a barrier).
The three categories are as follows:
1. Level 1: total score greater than 10
2. Level 2: total score between 5 and 10
3. Level 3: total score less than 5
Each of these Level 1, 2, and 3 non-compliance facilities are given further prioritization
depending on the proximity to different types of public destinations. A geographical location
index score table lists the public destination and corresponding score. The lower the score, the
higher the priority. Two types of score are combined in one table named as priority matrix table
and are developed for sidewalk, driveway, and curb ramp within the City Center. In those tables
highest priority will be given to Level 1 noncompliance closer to public facilities (within 1/8t'
mile radius).
4.2 Accessibility Index Score
A number of criteria were used to establish the extent to which each pedestrian facility did or did
not present a barrier to accessible mobility. The following Tables show these criteria, the
threshold used to identify them as a barrier, and the score used to indicate the severity of each
barrier relative to each other. These scores are used in barrier prioritization matrix described in
section 4.1
Page 1 12
DRAFT
Table 1. Sidewalks
Criteria
Threshold
Score
Width
<32 inches
11
Landing Width
<48 inches
3
Cross Slope
>2%
2
Cross Slope
>4%
11
Ramp Slope
>8.33%
2
Ramp Slope
>10%
11
Surface Condition
<Average
3
Vertical Discontinuity
<1/4 inch
0
Vertical Discontinuity
>1/4 inch and<1/2
inch
4
Vertical Discontinuity
>1/2 inch
11
Horizontal Discontinuity
>1/2 inch
11
Fixed Obstacles
Present
11
Protruding Obstacles
Present
3
Non- Compliant Driveway
Present
2
Non -Compliant Driveway
Cross slope >4%
11
Non -Compliant Driveway
Ramp slope>10%
11
Table 2. Curb Ramps
Criteria
Threshold
Score
Landing
Not present
11
Landing Width
<32 inches
11
Landing Width
<48 inches
3
Ramp Width
<48 inches
3
Ramp Width
<32 inches
11
Ramp Running Slope
>8.33%
4
Ramp Running Slope
>10%
11
Ramp Running Cross Slope
>2%
2
Ramp Cross Slope
>4%
11
Truncated Domes
Not Present
3
Flare Slope
>10%
2
Gutter Slope
>2%
1
Lip
> 1/4 Inch
2
Lip
>1/2 inch
11
Landing Clear Scape
< 4ft x 4ft
2
Landing Cross Slope
>4%
2
Page 1 13
DRAFT
Table 3. Driveways
Criteria
Threshold
Score
Cross Slope
>2%
2
Cross Slope
>4%
11
Ramp Slope
>8.33%
4
Ramp Slope
>10%
11
Table 4. Pedestrian Push Button Accessibility Index
Criteria Threshold
Score
No Audible Y
11
Only Audible Y
5
Same Pole Y
5
Non-compliant Push 15" min.
Button Height 48" max.
5
4.3 Geographic Prioritization Methodology
The following criteria will be considered to select and prioritize deficient facilities from the
inventories and those identified by citizen request and are based on following considerations:
1. Government Building: Title II requires city governments to ensure that all of the
programs, services, and activities, when viewed in their entirety, are accessible to people
with disabilities. Any feature that serves as a barrier to access to a government building
or activity is assumed to have the highest priority. The feature must be corrected or an
alternative route established that provides barrier -free access;
2. Primary Walk Route to School: A location that is a barrier along a primary route to
school will have a higher priority than other walkways near schools;
3. Churches: church properties frequently host senior and disabled groups /activities.
4. Senior Citizen Center and Housing/Assisted Living/Social Service Agency/Disabled: a
location that is a barrier to these locations will have higher priority;
5. Transit Center or bus stop: a location blocking access to fixed route bus service will have
higher priority;
6. Park: a location blocking pedestrian access to parks will have higher priority;
7. Pedestrian Attractions: a walkway that services more pedestrians than one with a lower
number of pedestrians. The following facilities are identified as ones that tend to attract
pedestrians. Additional consideration should accrue to locations that are in close
proximity to more than one of the following pedestrian attractors:
a. Hospitals
b. Arterial Streets
c. High Density residential neighborhoods
d. Urban center
e. Commercial/Mixed Use
f. Commercial Neighborhood
Page 1 14
DRAFT
8. Availability of a convenient alternative route. If there is no alternative available, i.e.
available by crossing a two-lane street or by going around a block counter -clockwise
instead of clockwise, the location should be given priority over a location that does have
an alternative available.
9. Location has standing curb, or "unusable" ramp, versus a location that has a usable ramp
that does not conform to current guidelines.
10. The location is not within the project limits of a larger capital improvement project that is
reasonably expected to be funded within the next six years.
4.4 Geographical Location Consideration
Table 5. Items of Geographical Location Consideration
Location Criteria
Rating Criteria
Government/Public Building
Within 1/8 -mile radius of Government
Building
Schools
Proximity to Schools
Within 1/8 -mile radius of School
Walk -to -School Route
Within Safe routes to School Zone
Church
Within 1/8 -mile radius of Church
Senior Center/ Assisted
Living
Within 1/8 -mile radius of location
Parks
Within 1/8 -mile radius of Park
Transit
Park and Ride, Transit Center
Within 1/8 -mile of high-capacity Transit Stop
Transit Bus Stops
Pedestrian Attraction Zone
Downtown /Urban
/Commercial Business Centers
/Hospital/ Library/ High
Density Residential
Neighborhood
Within 1/4 -mile radius of Downtown, Urban
and Commercial Business Center Zoning
5.0 Highest Priority Evaluation Criteria
Citywide, not all non-compliant ramps and traffic signals can be upgraded or replaced
immediately, or even in the short term. The City does not have the financial resources to do so.
As such, facilities that are not up to current guidelines, but offer relatively safe usability and are
not blocking access to an individual or to groups of individuals have a lower priority than
barriers that cannot accommodate a large percentage of the affected population.
Page 1 15
DRAFT
All requests for pedestrian accessibility improvements will continue to be given careful
consideration. The City will continue to assign evaluation of citizen requests a high priority and
when there is an immediate need, if practical, address barriers in those locations as soon as
resources are available. However, in some instances, some barriers are beyond the City's ability
to correct. In those cases, the City will work towards identifying an interim alternative
accessible route.
High Priority facilities evaluation criteria is presented in the following table. To identify
facilities that do not meet PROWAG criteria but offer relatively safe usability are presented in
the table under the column Low Priority Barrier. Therefore, those facilities that meet the
criteria will not get a higher priority.
Table 6. Pedestrian Circulation Path/Pedestrian Access Route
PROWAG Criteria
Low Priority Barrier to be Addressed by
Alteration Project Only or by Public
Request.
4' minimum clear width, excluding the
The clear width may be reduced to 32" at
curb.
spot locations (i.e., utility poles, signal
poles or other foundation -mounted
appurtenances) provided there is no drop-
off on either side.
Pedestrian Access Route cross slope
Cross slopes above 4% maximum will be
maximum 2%, except mid -block
allowed on existing sidewalks and road
crosswalks and connected curb ramps can
shoulders.
match street grade.
Pedestrian Access Route surfaces shall be
Gravel shoulders will not be paved.
firm, stable and slip resistant.
Vertical surface discontinuities between
Sidewalk panels displaced greater than 1/z"
1/4" and 1/2" may be beveled at 2H: IV or
may be ground provided the resulting slope
flatter, except at grade breaks.
is planar and flatter than 8.3%.
Page 1 16
DRAFT
Table 7. Curb Ramps
PROWAG Criteria
Low Priority Barrier to be Addressed by
Alteration Project Only or by Public
Request.
Clear width 4' minimum, unobstructed,
The clear width may be reduced to 32"
excluding flares.
provided all other 2005 PROWAG
furthest from the center of the intersection.
guidelines are met.
Cross slope 2.0% maximum.
Cross slopes up to 4.0% maximum will be
the edge of the curb, shoulder, or pavement
allowed on existing sidewalks and road
shoulders.
Ramp landing cross slopes 2.0% maximum.
Cross slopes up to 4.0% maximum will be
Two pushbuttons on the same corner
allowed on existing sidewalks and road
should be separated by at least 10 feet
shoulders.
Flare slopes 10.0% maximum as measured
Flare slopes may exceed 10.0% as
relative to the curb slope.
measured relative to the curb slope where
the flare is constrained by an existing
utility facility or a foundation -mounted
street appurtenance.
Gratings, access covers, utility objects and
Utility covers are permitted where such
other appurtenances shall not be located on
covers are treated with a slip resistant
curb ramps, landings or gutters within the
coating, the maximum open space is 1/z" or
Pedestrian Access Route
less, the cover surface is firm and stable,
and surface discontinuities are 1/4" or less.
Detectible Warning Surface required if the
Detectible Warning Surface will not be
curb ramp/landing connects to a roadway
prioritized for crossings adjacent to a paved
shoulder for Local Access streets.
Table 8. Pedestrian Push Buttons and Accessible Pedestrian Signals (APS)
PROWAG Criteria
Low Priority Barrier to be Addressed by
Alteration Project Only or by Public
Request.
Push buttons located no greater than 5'
Push buttons may be located greater than 5'
from the crosswalk line (extended) that is
from the crosswalk line provided they are
furthest from the center of the intersection.
mounted on a signal pole.
Pushbuttons between 1 1/2' and 10' from
Push buttons may be mounted less than 1.5'
the edge of the curb, shoulder, or pavement
or greater than 10' from the curb, shoulder
or pavement provided they are mounted on
a signal pole.
Two pushbuttons on the same corner
Push Button are on the same pole will be
should be separated by at least 10 feet
separated only with new grant funded
construction and citizen request
Page 1 17
DRAFT
6.0 Strategies for Funding Barrier Removal
Opportunities for funding the removal of access barriers include:
• New or widened roads
• Roadway alteration projects
• Maintenance upgrade and repair projects and programs
• Requiring private developers to remove access barriers when development affects
facilities within the right-of-way; and
• Actively seeking out and applying for grant funding specific to removal of access
barriers when available.
All of the City's capital improvement projects and private development projects within the City's
rights-of-way will be constructed to current ADA guidelines. In addition, the City currently has
in place a pavement management program that schedules roadway rehabilitation and
maintenance. The City plans to review public roadway barriers during the implementation of this
Plan, and address those barriers that can be resolved as part of the on-going pavement
maintenance and rehabilitation program. As part of the review, the City will revise the Transition
Plan schedule for the removal of barriers. The Transition Plan schedule will also be updated as
projects for new construction and roadway alterations arise. As a result, the City of Federal Way
averages over $300,000 in expenditures annually to achieve the City's goal of a barrier -free
transportation system. It should be noted that, although grant funding is theoretically available
for retrofitting existing streets, grant funding program criteria are currently structured such that a
pure barrier removal project would not score well enough to receive funding. As such, other
than as a part of a larger capital improvement project, the majority of barrier removal work is
entirely city -funded.
7.0 Findings for City Center
The City Center is defined in the City's Comprehensive Plan as the area generally bordered by S
312th to the north, S 324th to the South, 11th Place to the west, and Interstate 5 to the east. See
Figure 1 for the City Center Vicinity Map.
Page 1 18
DRAFT
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Page 1 19
DRAFT
7.1 Sidewalk
City Staff divided the sidewalks into approximately The location and data are in GIS. The
analysis concluded that City Center has 41 % ADA compliant sidewalk and 59% non-compliant
sidewalk as shown in Figure 2. City Center has only 2% missing sidewalk in mostly one side of
a street. All City Center sidewalks are compliant for ADA width. Priority matrix table is
attached. The scoring criteria are described in Section 4.1.
Figure 2. City Center Sidewalk Deficiency
41%
59°
Figure 3. Sidewalk Priority Chart
44
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Non Compliant
Sidewalk
`6 ■ Priority 1
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Priority 3
Page 1 20
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DRAFT
Figure 4. City Center No Sidewalk Percentage
2%
J
Sidewalk
No Sidewalk
The City does not have sidewalks on the Northside of S 314th St from Pete Von Reichbauer
Way S to 23rd Ave S and portion of Southside at S 310' Place. S 314t11 Place is currently a
private road but is designated to receive sidewalk with redevelopment. Sidewalk is also missing
on the north side of S 312th St between 23rd Ave S and 25th Ave S.
Figure 5. Map: No Sidewalk Locations
Page 1 22
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Page 1 22
DRAFT
Table 10: Sidewalk Compliance Statistics for City Center
Sidewalk Measurement Category
Feet
Percentage
Sidewalk Material
Concrete
25,680
100
Asphalt
Others
Sidewalk Cracks, Vertical Displacement
Fully ADA compliant
22,730
88.51
Non-compliant
2,950
11.49
Sidewalk Cross Slope
0.0%-2.0%(ADA Compliant)
11,640
51.96
2.1%-4.0%
13,344
45.33
>4%
696
2.71
Sidewalk Width
0.1'-4.0'
4.1' to <5.0' (ADA compliant if 200 ft. long or less)
>=5.0' (ADA compliant)
25,689
100
Sidewalk Obstruction
Fixed object obstruction sidewalk path
171
0.67
Page 1 23
DRAFT
7.2 Curb Ramps
In City Center 71% of curb ramps are ADA non-compliant with ADA and 29% are compliant.
Priority matrix table is attached.
Figure 6. City Center Deficient Curb Ramp Percentage
29%
Non Compliant
Compliant
71%
Figure 7. City Center Priority Level Chart for Curb Ramp
Priority 1
Priority 2
Priority 3
Page 1 24
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DRAFT
Table 12: City Center Curb Ramp Compliance Statistics:
Curb Ramp Measurement Category
Number
Percentage
Curb Ramp Type
Perpendicular
152
60.8
Parallel
70
28
Parallel Single Direction
26
10.2
Median crossing
2
0.8
Other/Non standard
0
0
Curb Ramps Absent Where Required
Total missing Ramps
1
0.4
Curb Ramps Fully ADA Compliant
Fully Compliant
66
26.4
Non fully compliant
184
73.6
Top Landing
4.0' or greater (ADA Compliant)
142
56.8
<4.0'
10
4
Cross Slope
0.0%-2.0% (ADA Compliant)
122
48.8
2.1%-4.0%
128
51.2
>4%
0
0
Ramp Slope
0.0% to less than 8.33%
134
53.6
8.33%-10%
44
17.6
>10%
72
28.8
Flared Side Slope(only perpendicular ramps)
0.0%-10% (ADA Compliant)
194
77.6
>10%
56
22.4
Truncated Dome
No Truncated Dome
125
50
Truncated Dome
125
50
Ramp Obstruction
No Obstruction Present
250
100
Page 1 26
DRAFT
7.3 Driveway
The City Center has 67% ADA deficient driveways and 33% non -deficient driveways. When the
City will construct new sidewalk, according to ADA compliance, noncompliant driveways will
be constructed according to ADA standards. The Priority matrix table is attached.
Figure 8. Deficient and Nondeficient Driveway Percentage At City Center
■ Deficient
■ Non Deficient
Figure 9. Driveway Priority Matrix
Page 1 27
■ Priority 1
Priority 2
Priority 3
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DRAFT
Table 14: Driveway Entrance Compliance Statistics
Driveway Entrance Measurement Category
Number
Percentage
Driveway Entrances Fully ADA Compliant
Fully Compliant
56
32
Non-compliant
119
68
Ramp Running Slope
<=8.33% ( ADA Compliant)
147
82.85
8.34%-9.99%
5
2.85
10% or greater
23
13.14
Ramp Cross Slope
0.0%-2.0% (ADA Compliant)
65
37.14
2.1%-4%
88
50.29
>4%
22
12.57
Driveway entrances featuring cross slopes greater than 4% and ramp running slopes greater than
10% are potentially significant barriers to accessibility.
The following Figure 10 shows all of the "Priority 1" deficiencies for sidewalks, curb ramps, and
driveways.
Page 1 29
DRAFT
City of
Federal Way
City Center
Figure 10:
Priority 1 Pedestrian Barriers
Map Date: October 2018
City of Federal Way
33325 8th Ave S,
Federal Way, WA 98003
(253) 835-7000
www. cltyo ffed a ra I wa y. co m
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5 309 ST `n S
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Page 1 30
C*
Z
This map is accompanied by
Legend NO warranties.
Freeway Ramp Collector Street
Divided Freeway Local Street i" °F
Arterial Street ---. Private Street 'k Federal Way
DRAFT
7.4 Pedestrian Signals
For Pedestrian signals, higher priority will be given to locations where there is potential demand
to accessible pedestrian signals. APS will be installed according to the availability of funding
and citizens' requests or if alterations trigger replacement. Where the existing APS is only
audible the City will replace them according to citizens' request only. Other deficiencies are of
low priority. However, on federally funded projects , any deficient pedestrian signal will be
repaired to make them fully compliant. Figure 11 shows the location of the deficient pedestrian
push buttons in city center.
Table 15: Pedestrian Signal Compliance Statistics for City Center
Pedestrian Signal Measurement Category)
Number
Percentage
Button APS Status
No APS
20
14.28
Non -Compliant APS
Compliant APS
Height of push button
0.0'-1.25'
0
1.25'-3.0'(ADA compliant not recommended)
31
22.14
3.0'-4.0'(ADA compliant recommended height)
108
77.14
>4.0'
1
0.71
Distance Between Push Button and Edge of Curb
0.0'-1.4'
1.5' -6.0' (ADA Compliant)
6.1'-10.0'(ADA Compliant if physical constraint)
>10.0'
68
48.57
Distance Between Push Buttons
Same Pole(ADA compliant if physical constraint)
36
25.71
Different poles 0.0'-9.9'(ADA compliant if physical constraint)
Different poles 10.0'(ADA compliant)
Page 1 31
DRAFT
City of
Federal Way
City Center
Map Date: October 2018
Figure 11. City of Federal Way
33325 8th Ave S,
Deficient Pedestrian Push Buttons Federal Way, WA 98003
(253)835-7000
www-cityoffede ralway.com
ST
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Legend This map is accompanied by
N • Deficient Pedestrian Button Major Streets Local Streets NO warranties.
0 500 1,000 Freeway Ramp Collector Street
Feet
Divided Freeway Local Street ` Federal Way
Arterial Street
Page 1 32
DRAFT
7.5 Transition Plan Cost and Schedule
It will take the City many years of dedicated work to upgrade all sidewalk, traffic signals, and
other pedestrian improvements to meet current ADA guidelines. This is further constrained by
updates to the current guidelines that make current compliant improvements non-compliant. The
City does not presently have standalone ADA funding. This Plan provides a foundation for this
work, but will require updates in the future. The City will take interim steps on an annual basis
to implement this Plan. The City of Federal Way's objective is to address all known Priority 1
deficiencies within 20 years. This schedule can be accelerated if the budget becomes available
for standalone barrier removal. The cost estimate is only for the City Center, Priority Level I
locations, and cost estimation for all deficiencies is attached.
Page 1 33
DRAFT
Table 16: City Center Priority Level I Cost Estimation
* City will fix curb ramps with no other deficiencies other than only missing truncated dome in Priority level I because it is easy to fix
without major construction.
Page 1 34
Unit Price
ADA Deficiencies
Improvement Type
Unit
Measurements
(2018)
(Remove and
Total Cost
Replace)
Sidewalks
Non -Compliant Sidewalk
Sidewalk improvements
SY
all >48
$100
$0
Width
(upgrade/reconstruct existing sidewalk )
Non -Compliant Sidewalk
Sidewalk improvements
SY
8'X700 (GIS
$100
$62,222
Slope
(upgrade/reconstruct existing sidewalk)
length)
Non -Compliant Driveways
New Driveway with Curb, Gutter, and
SY
12'X35'x33
$150
$231,000
Sidewalk
Non -Compliant Vertical
Sidewalk improvements (sidewalk grading)
SY
8'X 20'X38
$100
$67,556
Discontinuity
Sidewalk Fixed Obstacles
Sidewalk improvements (tree removal,
SY
8'X20'X1
$100
$1,778
treespanel
replacement)
Sidewalk Fixed Obstacles
Sidewalk improvements (Relocate utility
SY
8'x20'x3
$100
$5,333
(Utility Poles)
poles, panel replacement)
Sidewalk Fixed Obstacles (fire
Sidewalk improvements (Relocate Fire
SY
$100
$0
hydrant)
Hydrants, panel replacement )
Sidewalk fixed obstacles
Sidewalk improvements (Mailbox, remove
SY
$100
$0
(Mail Box)
and relocate)
Sidewalk Fixed Obstacles
Sidewalk improvements ( remove and
SY
8'X20'X1
S100
$3,555
(Junction Box)
relocate junction box and panel, reset
sidewalk and junction box )
Subtotal
$371,444
Curb Ramps
Curb Ramp without Truncated
Add MMA truncated domes
EA
3
$1,200
$3,600
Domes
Crossings with missing curb
New curb ramps
EA
1
$5,200
$5,200
ramp
Substandard curb landings
Curb ramp improvement (upgrade/install
EA
9
$5,200
$46,800
top landing)
Non-compliant ramp width,
curb ramp improvement (reconstruct
EA
56
$5,200
$291,200
slope and others
existing)
Subtotal
$346,800
Push Buttons
Location without APS Push
Upgrade existing traffic signal to APS
EA
20
$1,000
$20,000
Button
Push buttons on same pole
Add new pedestrian push button pole
EA
Not in level 1
$3,000
$0
priority
Subtotal
$20,000
Total
$738,244
Contingency @ 10%
$73,824
Design and Construction
$88,589
Engineering 4 12 %
Mobilization @ 8%
$59,060
TWSC + Traffic Control@
$110,737
15%
Total 2018 Dollars
$1,070,454
* City will fix curb ramps with no other deficiencies other than only missing truncated dome in Priority level I because it is easy to fix
without major construction.
Page 1 34
DRAFT
Table 17: City Center Cost Estimation for All Deficiencies
Page 1 35
Unit Price
ADA Deficiencies
Improvement Type
Ut 1
Measurements
(Remove 01) and
Total Cost
Replace)
Sidewalks
Non -Compliant Sidewalk
Sidewalk improvements (upgrade/reconstruct
SY
all >48
$100
$0
Width
existing sidewalk)
Non -Compliant Sidewalk Slope
Sidewalk improvements (upgrade/reconstruct
SY
8'X14,000 (GIS
$100
$1,244,444
existing sidewalk)
length)
Non -Compliant Driveways
New Driveway with Curb, Gutter, and
SY
12'X35'xl 17
$150
$819,000
Sidewalk
Non -Compliant Vertical
Sidewalk improvements (sidewalk grading)
SY
8'X 20'X56
$100
$99,556
Discontinuity
Sidewalk Fixed Obstacles
Sidewalk improvements (tree removal, panel
SY
8'X20'X1
$100
$1,778
trees
replacement)
Sidewalk fixed obstacles
Sidewalk improvements (Relocate utility
SY
8'X20'X3
$100
$5,333
(Utility Poles)
poles, panel replacement)
Sidewalk fixed obstacles (fire
Sidewalk improvements (Relocate Fire
SY
$100
$0
hydrant)
Hydrants, panel replacement )
Sidewalk fixed obstacles (Mail
Sidewalk improvements (Mailbox, remove
SY
$100
$0
Box)
and relocate)
Sidewalk fixed obstacles
Sidewalk improvements ( remove and
SY
8'X20'X4
S100
$1,778
(Junction Box)
relocate junction box and panel, reset
sidewalk and junction box )
Subtotal
$2,171,889
Curb Ramps
Curb Ramp without Truncated
No other deficiencies
EA
3
$1,200
$3,600
Domes
Crossings with missing curb
New curb ramps
EA
1
$5,200
$5,200
ramp
substandard curb landings
Curb ramp improvement (upgrade/install top
EA
16
$5,200
$83,200
landing)
Non-compliant ramp width,
curb ramp improvement (reconstruct
EA
149
$5,200
$774,800
slope and others
existing)
Subtotal
$866,800
Push Buttons
Location without APS Push
Upgrade existing traffic signal to APS
EA
20
$1,000
$20,000
Button
Push buttons on same pole
Add new pedestrian push button pole
EA
36
$3,000
$108,000
Subtotal
$128,000
Total
$3,166,689
Contingency @ 10%
$316,669
Design and Construction
$380,003
Engineering 12 %
Mobilization @ 8%
$253,335
TWSC + Traffic Control@
$475,003
15%
Total 2018 Dollars
$4,591,699
Page 1 35
DRAFT
8.0 Recommendations
Recommendations 1: Develop performance measures and processes to track removal of
barriers
Status: Underway
The primary purpose of an ADA Transition Plan is to develop a plan for removal of accessibility
barriers. In order to show progress towards this requirement, the City should develop a process
of tracking barrier removal on a year by year basis. It is recommended that the City actively
update the GIS ADA self-assessment database developed for this plan, tracking how and when
ADA barriers are removed. This data can be used to provide annual updates on progress and
demonstrate to the public as well as federal regulators that the City is making progress to meet
Title II requirements.
Procedures:
Re -inventory areas within overlay and Capital Improvement Projects annually.
Recommendations 2: Develop a standard grievance process for barriers in the public right
of way.
Status: Pending
City of Federal Way Grievance Procedure under the Americans with Disabilities Act
This grievance procedure is established to meet the requirements of the Americans with
Disabilities Act of 1990 (ADA). It may be used by anyone who wishes to file a complaint
alleging discrimination on the basis of disability in the provision of services, activities, facilities
and programs. The complaint should be in writing and contain information about the alleged
discrimination such as name, address, and phone number of complainer and location, date and
description of the problem. Alternative means of filing complaints such as personal interviews or
a recording of the complaint will be made available upon request.
The form in Appendix A may be used by a qualified individual with a disability who believes he
or she has experienced discrimination based on disability status in admission to, access to and
treatment in facilities, program, services, or activities provided by City of Federal Way. An
authorized representative may file on behalf of a qualified person with a disability. Grievance on
behalf of classes of individuals are also permitted. Information requested on the form must be
filled out completely to help expediting the grievance process.
The complaint should be submitted by the grievant and /or his/ her designee as soon as possible
to:
Page 1 36
DRAFT
ADA Coordinator
Desiree Winkler, PE
Deputy Director of Public Works
33325 81h Avenue South
Federal Way WA 98003-6325
Phone: 253-835-2700
Fax 253-835-2709
Recommendation 3: Develop stand-alone funding to remove the highest priority barriers
not associated with Capital projects.
Recommendation 4: Prioritized next steps
Continue Stages 2 and 3.
Page 1 37
DRAFT
APPENDIX A:
CITY OF
'�....
Federal Wa
PUBLIC WoRKs DEPARTMENT
33325 8h Avenue South
Federal Way WA 98003-6325
253-835-2700; Fax 253-835-2709
www.ciLyoffederalLALay.com
Customer Service Request for Barrier Removal
The Customer Request for Barrier Removal program is established through guidance under the
American with Disabilities Act (ADA) to serve citizens with disabilities who have identified
physical/structural barriers in the community which impede access to services, programs and
activities offered by the City of Federal Way.
Date of Request:
Name: First
Address:
Middle Last
Telephone number Mobile #
Email:
If person needing accommodation is not the individual completing this form, please enter
Name
Phone# email
Location information (please provide specific location of the problem/request)
Street Name and Address (if available)
Cross Street
Comments: (describe your request/concern, if possible location on Map)
Page 1 38
DRAFT
Signature:
Date:
Please return this form to City of Federal Way ADA Coordinator. City Staff will be in contact
with you soon.
CITY OF FEDERAL WAY
PUBLIC WORKS DEPARTMENT
333258 TH AvENUE SOUTH
FEDERAL WAY WA 98003-632.5
For assistance in completing this form please contact (253) 835-2700
Or email: pw-admin@cityoffederalway.com
Page 1 39
5h
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2019 STREET SWEEPING SERVICES BID AWARD
POLICY QUESTION: Should council award of the 2019 Street Sweeping Services contract to Action Services
Corporation, the lowest responsive responsible bidder, in the amount of $112,855.00?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: November 5, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business. ❑ Resolution ❑ Other
iw DEPT: Public Works
STAFF REPORT B Desiree S. Winkler, P.E., Deputy Director
Attachments: Staff Report
Bid Tabulations
Options Considered:
1) Award the 2019 Street Sweeping Services contract to Action Services Corporation, the lowest responsive
responsible bidder in the amount of $112,855.00.
2) Do not award the 2019 Street Sweeping Services contract and provide direction to staff.
MAYOR'S
J: Option 1.
MAYOR APPROVAL:�442 l r DIRECTOR APPROVAL: `v I0I74W
Committee'Council U Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 20, 2018 consent agenda for
approval.
Mark KAWnR, Committee C air Jes Johnson, Committee Member Hoang Tran, ommittee Member
PROPOSED COUNCIL MOTION: I move to award the 2019 Street Sweeping Services contract to Action Services
Corporation, the lowest responsive responsible bidder in the amount of $112,855.00.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 5, 2018
TO: Land Use & Transportation Committee
VIA: /I J'm Ferrell, Mayor
FROM: '`J Walsh, P.E., Director of Public Works
Ag.pesire6 S. Winkler, P.E., Deputy Public Works Director
SUBJECT: 2019 Street Sweeping Services Bid Award
FINANCIAL IMPACTS:
This project is included within the proposed 2019/2020 budget under the Surface Water Management
(SWM) Fund 401. In accordance with the proposed budget this project is funded by SWM funds in the
amount of $120,105.00. This is an on-going project within a comparable cost of the previous year's
contract amounts.
BACKGROUND:
Two bids were received and opened on October 25, 2018 for the 2019 Street Sweeping Services Contract.
The total bids for this contract are as follows:
Company
Action Services Corp.
Best Parking Lot Cleaning, Inc
Available 2019 Budget Amount
Bid Amount
$112,855.00
$121,517.70
$120,105.00
The lowest responsive, responsible bidder is Action Services Corporation with a total bid of $112,855.00.
The amount available in the 2019 budget for this contract is $120,105.00.
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COUNCIL MEETING DATE: November 20, 2018ITEM #:
...................................... .................................................................. ......................... ......... ............................ ............................... .......................... ..................................................................... .................. .................... ............... _....... _............................... ................ ........._............. ......... __._........_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: KITCHEN REPLACEMENT UPGRADE AT FEDERAL WAY COMMUNITY CENTER
POLICY QUESTION: SHOULD THE CITY ISSUE A PURCHASE ORDER FOR REPLACEMENT KITCHEN EQUIPMENT IN
THE AMOUNT OF $38,951.00 TO SMITH AND GREENE COMPANY (WA STATE CONTRACT #03215) AND BE
REIMBURSED THROUGH THE KING COUNTY VETERANS, SENIORS, AND HUMANS SERVICES DEPARTMENT
GRANT THAT WAS RECEIVED BY THE PARKS AND RECREATION DEPARTMENT IN 2018?
COMMITTEE: PRHSPSC
MEETING DATE: Nov 13, 2018
CATEGORY:
® Consent ❑ Ordinance —1 Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Cod Geddes, Recreation Manager DEPT: Parks
...................................................................y................................................................................................._.................................................................................._.................................................................................._..........._.........._........._....._.................__...__..............._..._..........._..............
Attachments: Quote from Smith and Green — State Contract #03215
Options Considered:
1. Authorize the award of a purchase order to Smith and Greene for the purchase and installation of kitchen
equipment at the Federal Way Community Center in the amount of $38,951.00?
2. Do not authorize the award of a purchase order with Smith and Greene for the purchase and installation
of kitchen equipment at the Federal Way Community Center in the amount of $38,951.00?
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: � �'IDIRECTOR APPROVAL: 10 b 1// 8
Co
Committ uncil 1 11117
Init al/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward the authorization of an award for kitchen equipment at
the Federal Way Community Center in the amount of $38,951.00 from the King County Veterans, Seniors and
Human Services Department Grant and authorize a PO to be issued to Smith and Greene, and forward to the
November 20, 2018 Full Council consent agenda for approval. "
Committee Chair Committee Member Co ee Member
PROPOSED COUNCIL MOTION: "I move approval of authorizing an award for kitchen equipment at the
Federal Way Community Center in the amount of $38,951.00 and authorize a PO to be issued to Smith and
Greene. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 12/2017
RESOLUTION #
SMITHANoGREENE Quote
C 0 M P A N Y
10/24/2018
Project: From:
City of Federal Way - Parks Smith & Greene Company
Recreation and Cultural Services Mark Bennett
876 S 333rd St 19015 66th Ave. South
Federal Way, WA 98003-6343 Kent, WA 98032-1154
425-656-8000
(425)988-6658 (Contact)
Project Code: CITY—OF— Job Reference Number: 13170
Item Qty Description Sell Sell Total
1 1 ea REACH -IN REFRIGERATOR $2,815.00 $2,815.00
-_ True Manufacturing Co., Inc. Model No. STG1R-IS-HC
SPEC SERIES® Refrigerator, Reach -in, one -section, stainless steel front,
ry aluminum sides, (1) stainless steel door with lock, cam -lift hinges,
digital temperature control, aluminum interior, (3) gray shelves, LED
interior lights, 5 castors, R290 Hydrocarbon refrigerant, 1/4 HP,
115v/60/1, 3.8 amps, NEMA 5-15P, cULus, UL EPH Classified, MADE IN
USA, ENERGY STAR®
1 ea Warranty - 3 year parts and labor, please visit www.Truemfg.com for
specifics
1 ea Warranty - 5 year compressor (self-contained only), please visit
www.Truemfg.com for specifics
1 ea Door hinged right standard
1 ea (3) vinyl shelves and shelf supports standard per section
1 st 5" castors, set of 4, standard
ITEM TOTAL: $2,815.00
1 1 ea
REACH -IN REFRIGERATOR
. "
True Manufacturing Co., Inc. Model No. T -23 -HC
Refrigerator, Reach -in, one -section, stainless steel door, stainless
[
steel front, aluminum sides, clear coated aluminum interior with
stainless steel floor, (3) adjustable PVC -coated wire shelves, interior
lighting, 4" castors, R290 Hydrocarbon refrigerant, 1/5 HP, 115v/60/1,
2.8 amps, NEMA 5-15P, cULus, UL EPH Classified, CE, MADE IN USA
1 ea
Self-contained refrigeration standard
1 ea
Warranty - 5 year compressor (self-contained only), please visit
www.Truemfg.com for specifics
1 ea
4" Swivel castors, standard (adds 5" to CA height)
1 ea
Warranty - 3 year parts and labor, please visit www.Truemfg.com for
specifics
1 ea
Door hinged right standard
2 1 ea REACH -IN REFRIGERATOR
$2,680.00 <Alternate>
ITEM TOTAL: <Alternate>
$3,745.00
<Alternate>
<Alternate>
<Alternate>
<Alternate>
<Alternate>
$2,680.00
$3,745.00
City of Federal Way - Parks Recreation Initial:
and Cultural Services Page 1 of 4
Smith & Greene Company
10/24/2018
Item Qty Description Sell Sell Total
True Manufacturing Co., Inc. Model No. STG2R-2S-HC
SPEC SERIES® Refrigerator, Reach -in, two -section, stainless steel front,
aluminum sides, (2) stainless steel doors with locks, cam -lift hinges,
digital temperature control, aluminum interior, (6) gray shelves, LED
4 interior lights, 5" castors, R290 Hydrocarbon refrigerant, 1/2 HP,
115v/60/1, 5.9 amps, NEMA 5-15P, cULus, UL EPH Classified, MADE IN
USA
1 ea Warranty - 3 year parts and labor, please visit www.Truemfg.com for
specifics
1 ea Warranty - 5 year compressor (self-contained only), please visit
www.Truemfg.com for specifics
1 ea Left door hinged left, right door hinged right standard
1 ea (3) vinyl shelves and shelf supports standard per section
1 st 5" castors, set of 4, standard
ITEM TOTAL: $3,745.00
2 1 ea
REACH -IN REFRIGERATOR
True Manufacturing Co., Inc. Model No. T -49 -HC
Refrigerator, Reach -in, two -section, stainless steel doors, stainless
A
steel front, aluminum sides, aluminum interior with stainless steel
floor, (6) adjustable PVC -coated wire shelves, interior lighting, 4"
castors, R290 Hydrocarbon refrigerant, 1/2 HP, 115v/60/1, 5.4 amps,
NEMA 5-15P, MADE IN USA, cULus, UL EPH Classified, CE
1 ea
Self-contained refrigeration standard
1 ea
Warranty - 5 year compressor (self-contained only), please visit
www.Truemfg.com for specifics
1 ea
4" Swivel castors, standard (adds 5" to OA height)
1 ea
Warranty - 3 year parts and labor, please visit www.Truemfg.com for
specifics
1 ea
Left door hinged left, right door hinged right standard
$3,565.00 <Alternate>
ITEM TOTAL: <Alternate>
<Alternate>
<Alternate>
<Alternate>
<Alternate>
<Alternate>
$3,565.00
3 1 ea DISHWASHER, DOOR TYPE $7,300.00 $7,300.00
Jackson WWS Model No. TEMPSTAR
TempStar® Dishwasher, door type, high temperature electric tank heat
with built-in booster, universal (straight-thru/corner) type,
'0 approximately (58) racks/hour capacity (0.89 gallons per rack),
i stainless steel exterior, universal timer, Sani-Sure, dishtable not
included, cETLus, ETL-Sanitation, ENERGY STAR®
lea 1 year parts & labor warranty, continental USA, standard
1 ea 70 degree rise booster heater, standard
lea 208V/60/3 -ph, 10.5 kw, 46.3 amps
ITEM TOTAL: $7,300.00
4 lea CONVECTION STEAMER, COUNTERTOP
__,m, Cleveland Range Model No. 21CGA5
Steamcraft® Ultra S Convection Steamer, Gas, countertop, 1
compartment, (5) 12 x 20 x 2-1/2" pans/compartment capacity, 60 -
minute mechanical timer & manual (continuous steaming) bypass
switch, automatic boiler blowdown, left-hand hinged door, controls
on right, split water connection, steam shut-off switch, stainless steel
$10,130.00 $10,130.00
City of Federal Way - Parks Recreation Initial:
and Cultural Services Page 2 of 4
Smith & Greene Company
1012412018
Item Qty
Description Sell
Sell Total
construction, 70,000 BTU, 4" adjustable legs
1 ea
1 -year parts & labor warranty, standard
1 ea
5 year pro -rated parts warranty on boilers & steam generators
1 ea
3 year Convection Steamer Door Warranty, standard
1 ea
Performance start-up included at customer request after equipment is
installed (Free Water Quality Check included) (contact Cleveland Sales
Representative for details)
1 ea
Natural Gas
1 ea
(V05115) 115v/60/1 -ph, 4.0 amp, standard
1 ea
Right hand door hinging not available
ITEM TOTAL:
$10,130.00
5 1 ea
CONVECTION OVEN, GAS $2,955.00
$2,955.00
-
Southbend Model No. BGS/12SC
Bronze Convection Oven, gas, single -deck, standard depth, solid state
=_
controls, 60 -minute cook timer, electronic ignition, oven interior light,
stainless steel front, top, sides & door, porcelain interior, 26" painted
steel triangular legs, 120v/60/1 -ph, NEMA 5-15P, 1/2 HP, 54,000 BTU,
CSA, NSF
1 ea
1 year parts & labor including doors warranty, std
1 ea
Natural Gas
ITEM TOTAL:
$2,955.00
6 1 ea
RANGE, 48", 4 BURNERS, 24" GRIDDLE $7,600.00
$7,600.00
Southbend Model No. 4481EE-2TL
Ultimate Restaurant Range, gas, 48", (4) non -clog burners, standard
grates, (1) 24" griddle left, thermostatic controls, standing pilot, (2)
space saver ovens with battery spark ignition, includes (1) rack per
oven, 22-1/2" flue riser with shelf, stainless steel front, sides, shelf &
6" adjustable legs, 270,000 BTU, cCSAus, CSA Flame, CSA Star, NSF
(Note: Qualifies for Southbend's Service First'" Program, see Service
First document for details)
1 ea
Standard one year limited warranty (range)
1 ea
NOTE: 22.5" high flue riser, with heavy duty shelf, standard
1 ea
Additional one year warranty (range) (net)
Your program with Southbend includes the additional one year
warranty at no charge for this range
1 ea
Natural Gas
1 ea
Battery spark ignition (for open top burners, charbroilers, hot tops and $140.00
$140.00
griddles)
1 ea
Casters, 2 locking & 2 standard, in lieu of legs $225.00
$225.00
ITEM TOTAL:
$7,965.00
7 1 ea
INSIDE DELIVERY $500.00
$500.00
Smith & Greene Co, Model No. INSIDE DELIVERY
Uncrate, set in place. Does not include final connections.
ITEM TOTAL:
$500.00
Merchandise
$35,410.00
Tax 10%
$3,541.00
Total
$38,951.00
City of Federal Way
- Parks Recreation
Initial:
and Cultural Services
Page 3 of 4
'
COUNCIL MEETING DATE: November 20, 2018 ITEM #: 5 J
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COMMUNITY CENTER POOL CHEMICALS WK)( W f"-'EjO(Ati.)�-
POLICY QUESTION: Should the Council authorize a second amendment to a Goods and Services Agreement
with ORCA Pacific Inc.
COMMITTEE: PRHSPS MEETING DATE: Nov. 13, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: CRAIG FELDMAN, AQUATICS COORDINATOR DEPT: Pa.....r..k..s........_...................................__.._....................................................
......:
....................................................................................................................................................................................................................
Background: In 2017 the City entered into a Goods and Services Agreement with ORCA Pacific Inc. for the
purpose of obtaining chemicals and equipment needed to disinfect and balance the bodies of water at the
Community Center for an amount not to exceed $50,000.00. By mutual agreement, we seek to amend the
original agreement to extend the term to December 31, 2019 and to increase the total compensation amount to
$160,000.00.
Attachments: Memo
Amendment No. 2 Goods and Services Agreement for Community Center Pool Chemicals
Options Considered:
1. Authorize a second amendment to the ORCA Pacific Inc. Agreement with a total compensation of
$160,000.00.
2. Do not authorize a second amendment and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:/1/�/� ( J /�/ /� DIRECTOR APPROVAL:
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed second amendment to the November 20, 2018
consent agenda for approval.
Committee Chair Committee Member Com ' e Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed amendment and authorize the Mayor to sign
said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 12/2017
RESOLUTION #
4ik
CITY
Federalo�
Way
Date: November 1, 2018
MEMORANDUM
To: Parks, Recreation, Human Services &Public Safety Committee
From: Craig J. Feldman, Aquatics Coordinator
Re: Awarding of Pool Chemical Contract to ORCA, Pacific, Inc.
Since 2003, when the City of Federal Way first began operating an Aquatic venue, the
provider of the pool chemicals necessary to disinfect and balance the pool water has
been ORCA Pacific Inc. The City has been able to use the same pricing model for these
products that King County has obtained from ORCA Pacific through a competitive bid
process, the last of which was completed in 2016. Written into said agreement was a
clause that read that the per unit pricing could be increased on a yearly basis once
written notification was issued from the vendor.
It has now come to my attention that several products that the City of Federal Way uses
for its facilities are not used by King County so the per unit pricing for those products do
not appear in King County's bid from ORCA Pacific. This should not be a factor for not
entering into a new contract for 2019. There are several reasons that ORCA Pacific is
the preferred choice for the purchase of the required chemicals.
The service that has been provided by ORCA Pacific since the City entered into an
agreement has been outstanding. Same day service when ordering products has been
almost always the case. In emergency situations, when repair parts have been needed,
they have been either delivered quickly or, because of the warehouses close proximity to
the facility, staff has been able to pick up the needed items, which always seem to be in
stock.
The main reason for the continued relationship with this company is their ability to
provide technical support on the equipment related to the swimming pools and the spray
park including; the ultraviolet systems, chemical delivery systems, filtration systems as
well as the steam generator for the steam room at the Community Center. There are no
other chemical suppliers locally that are known to be able to provide this level of service.
The cost for the previously mentioned services are covered within the contract with
ORCA Pacific. Even with the price increases from 2018, the yearly cost for the needed
chemicals and the anticipated technical services, the requested dollar amount for 2019
is the same as the 2018 agreement.
CITY OF CITY HALL
Fed ra I Way Feder 8th Avenue South
L�.�r Federal Way, WA 98003-6325
(253) 835-7000
www afyoffederahvay.com
AMENDMENT NO.2
TO
GOODS AND SERVICES AGREEMENT
FOR
COMMUNITY CENTER POOL CHEMICALS
This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and ORCA Pacific 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 Community Center Pool Chemicals, ("Agreement") dated effective January 4, 2017 as amended by
amendment No. 1, as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than December 31, 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 for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be
solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, 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 HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederat ay com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
By:
Jim Ferrell, Mayor
DATE:
ORCA PACIFIC INC:
By:
Printed Name:
Title:
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
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
WN
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
AMENDMENT - 2 - 3/2017
CITY OF CITY HALL
Federal 33325 8th Avenue S00
Federat Way, WA 980033-6325
(253) 835-700€}
Way www ertyoffeciermltaaycam
EXHIBIT B-2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to
exceed Fifty- Five Thousand and 00/100 Dollars ($55,000.00). The total amount payable to Contractor pursuant to
the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One
Hundred Sixty Thousand and 00/100 Dollars ($160,000.00).
2. Method of Compensation: Payment by the City for goods and services will be made after the delivery of
goods or services have been performed. A voucher or invoice shall be submitted by the Contractor to be
approved by the City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of
such voucher or invoice. Good and Services shall reflect the prices listed below and shall remain constant for
the duration of this agreement.
Sodium Hypochlorite 12.5% Bulk Delivery per Gallon $2.84
Sodium Hypochlorite 12.5% 15 Gal. Carboy $68.05
Acid Magic No Skin Bum/Reduced Fuming 15 Gal. Carboy $110.35
Muriatic Acid, HASA 1 Gallon $9.27 ea.
Calcium Chloride 96-98% 50 lb. Bag $28.90 ea.
Sodium Bicarbonate 50 lb. Bag $24.36 ea.
Prices do not include Washington State sales tax.
AMENDMENT -3 - 3/2017
5k
COUNCIL MEETING DATE: November 13, 2018 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: POLICE DOWNTOWN SUBSTATION
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department renew the lease with
Balli Road, LLC for the Downtown Police Substation?
COMMITTEE: PRHS&PSC
MEETING DATE: November 13,
2018
CATEGORY:
Z Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Commander Case Jones DEPT: Police
..................................... ........................................... ......................................................................................._.1'..................................................................................._....................................._..._....._........_...._......._....................................................................................._......_...............................................__..._................
Attachments: Staff Report
2018 Substation Amendment 3
Options Considered: 1. Accept the recommendation to renew the lease.
2. Reject the recommendation to renew the lease.
MAYOR'S
: Mayor recommends Option #1
MAYOR APPROVAL: . // / N �./ DIRECTOR APPROVAL:
Co Amit e Council 3 Initial/D to
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the November 20, 2018 consent
agenda for approval.
Committee Chair Committee Member ComvWe Member
PROPOSED COUNCIL MOTION: "I move approval of Amendment No. 3 with Balli Road, LLC for the Police
Downtown Substation Lease Agreement, effective January 1, 2019 through December 31, 2020 with a total
compensation of $3, 000 to be paid monthly, and authorize the Mayor to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 12/2017
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 13, 2018
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Lease renewal of Downtown Police Substation
Financial Impacts:
The cost to the City for the Downtown Police Substation was included within the approved
budget under the Police Department, budget line 001-2100-111-521-34-452. Upon
completion of the agreement with the licensor, costs will be $3000 per month ($36000 per
year) for a two-year lease.
Background Information:
Since 2014, the police department has leased office space (the Downtown Police
Substation) at the Park Lane Executive Center at 31620 23rd Ave South, Suite #102,
Federal Way, WA 98003.
A substation is a mini police office that has a limited number of services — computer
workstations, a call box so that citizens can report problems, meeting rooms, offices,
storage, and report writing areas. It is currently home to our Traffic Unit and Special
Operations Unit. No suspects are processed at this location.
Due to its proximity to the Federal Way Transit Center, this location is highly visible.
We have a monument sign that is visible from both South 317th Street and 23`d Avenue
South, and there is a 911 call box installed on the main entrance to the building. This
location is conveniently located so that citizens can arrive via public transit lines, on
bicycle, on foot, or in personally -owned vehicles. It is in the downtown core area with
easy access to Interstate 5 and major arterial streets.
The police department and the licensor have agreed to two prior amendments (extensions)
for our agreement at this location. This would be the third amendment (extension).
Rev. 7/18
4 CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityofhederahwV com
AMENDMENT NO.3
TO
LICENSE AGREEMENT
BETWEEN BALLI ROAD, LLC and THE CITY OF FEDERAL WAY
This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal
corporation ("City" or "Licensee"), and BALLI ROAD, LLC, a Washington Limited Liability Company
("Licensor"). The City and Licensor (together "Parties"), for valuable consideration and by mutual consent of the
Parties, agree to amend the original Agreement for police office space dated January 22, 2014, as amended by
Amendment Nos. 1 and 2 as follows:
WHEREAS, Licensor is the owner of certain real property that includes office space containing fixtures and
equipment located at 31620 23`d Ave South, Suite #102, Federal Way, WA 98003 (The "Property"); and
WHEREAS, the City's police department needs an indoor office facility to use as a downtown substation; and
WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use subject to certain
conditions; and
WHEREAS, the City's police department occupied the office space beginning February 1, 2014; and
WHEREAS, the Licensee desires to use the Property, subject to the terms and conditions provided for herein. The
parties extended the lease term to January 31, 2017 (AMENDMENT No. 1) and then again from that date to
December 31, 2018 (AMENDMENT No. 2).
NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged and the
terms of which are hereinafter outlined, the parties agree to the following amendments:
1. The License Term shall be amended to remain in effect until December 31, 2020.
2. Licensee shall pay the Licensor rent in the amount of $3000 per month commencing January 1, 2019 for
use of the Property during the amended term of this agreement.
3. Licensor may not terminate this Agreement early for any reason. Upon natural termination of the License
on December 31, 2020, Licensee shall quietly and peaceable surrender the Licensor's Property in a manner
that fully complies with all applicable state, federal, or local statute, regulation, or ordinance and will leave
the Licensor's Property in as good condition as such Property was in at the time of Licensee's entry on the
Property under this Agreement. Furthermore, the terms of this Agreement that would, by their nature,
survive termination, including, without limitation, the terms that govern Licensee's remove obligations and
Licensee's indemnification obligations, as well as this survival provisions, will survive any termination or
expiration of the Agreement.
AMENDMENT - 1 - 3/2017
4% CITY OF
'�.... Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cfWffederahvay com
4. All notices, demands, or requests required or permitted to be given under this Agreement shall be hand -
delivered or sent by mail, return receipt requested and addressed to the parties as follows:
LICENSOR: Balli Road, LLC
c/o Power Property Consultants, Inc.
31620 23rd Ave South #200
Federal Way, WA 98003
Attn: John Hunt
Tel 253-214-2141
LICENSEE: Federal Way Police Department
333258 th Ave South
Federal Way, WA 98003
Attn: Chief Andy Hwang
Tel 253-835-6701
5. 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. 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.
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
LICENSEE:
CITY OF FEDERAL WAY
Jim Ferrell, Mayor
DATE:
AMENDMENT
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
3\401 l LA �
J. Ryan Call, City Attorney
- 2 - 3/2017
CITY OF
Federal
LICENSOR:
CITY HALL
Way
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederalway com
BALLI AD,
By:
Printed Name:
Title: /iylr/fh`a��
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF V—N
On this day personally appeared before me to me known to be the
t�xR 1/ of L that executed the foregoing
instrument,'and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability
company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument.
GIVEN my hand and official seal this �'] day of
Notary's signature
�Gr�\```���Exp'"�y Notary's printed name
- -may p4PRY s+ h'; Z i
;V _ o 0
�w z
='soE-
,0 FV0 ��-
TE\OF��P
Notary Public in and for the S
My commission expires /
ashington.
AMENDMENT - 3 - 3/2017
51
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA $ILL
SUBJECT: WASHINGTON STATE PATROL (WSP) FOR MARIJUANA ERADICATION 2018
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept a maximum of
$11,200 from the Washington State Patrol for Marijuana Eradication 2018?
COMMITTEE: PRHS&PSC
MEETING DATE: Nov. 13, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT J. STIEBEN DEPT: Police
... ....................................................... ..............................................................................................................................._.......................................................... .......................................... _...._..._.._.._..................... ....... _.._..... ................__.... _............ _........ _.......
Attachments:
1. Staff Report
2. WSP Marijuana Agreement and Amendment
Options Considered:
1. Accept the WSP Agreement and Amendment
2. Reject the WSP Agreement and Amendament
MAYOR'S RECOMMENDATION: Mayor recommends: Option 1
MAYOR APPROVAL: o DIRECTOR APPROVAL:
Committe ouncil f Initial/DateInitial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 20, 2018 consent agenda for
approva71
l.
���--
1/0-0ommittee Chair 1"Committee Member Comgli ee Member
PROPOSED COUNCIL MOTION: I move approval to accept a maximum of $11, 200 from the Washington State
Patrol (WSP) for Maryuana Eradication, and authorize the Chief of Police to execute said agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1sT reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 11/2016
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 13, 2018
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Washington State Patrol (WSP) Interagency Agreement for Marijuana Eradication
2018.
Financial Impacts:
The Washington State Patrol (WSP) is providing funding to local law enforcement agencies to
support locating and eradicating illicit cannabis plants, and for the investigation and prosecution
of cases involving controlled substances. WSP will be awarding the Federal Way Police
Department a maximum of $11,200 for the Marijuana Eradication 2018.
Background Information:
The Washington State Patrol received federal funding for marijuana eradication activities in FY
2018. This funding is generally used to secure pilots and aircraft for aerial observation that
ultimately results in successful eradication of illegal marijuana crops. Due to heavy wildfires in
Oregon and California there were not enough aircraft/pilots for WSP to expend these resources.
The Federal Way Police Department was contacted in the early part of September as our
activities in eliminating illegal marijuana growing operations in our city have not gone unnoticed.
An offer was made to reimburse the City up to $5,000 for labor, some equipment, and other
associated costs. An amendment was processed in October extended this funding to $11,200.
An initial examination of financial records for expenditures indicates we have spent over $11,000
on eradicating marijuana since October of 2017.
WSP Contract No. K14145
Amendment 1
WASHINGTON STATE PATROL
CONTRACT AMENDMENT
FOR
MARIJUANA ERADICATION
The above referenced Contract between the Washington State Patrol and Federal Way
Police Department is hereby amended as follows:
a. Page 1 of the Contract, Maximum Agreement Amount Section is revised by
$6,200 and the maximum contract total is revised from $5,000 to $11,200.
All other terms and conditions of this Contract remain in full force and effect.
THIS AMENDMENT is executed by the persons signing below, who warrant that they
have the authority to execute this Amendment.
STATE OF WASHINGTON
WASHINGTON STATE PATROL
John R. Batiste, Chief
Date
FEDERAL WAY POLICE DEPARTMENT
Signature Date
A,y i4w.-IA,44i CW -'N w -Jr daucc
1 Printed Name and Title
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 4/26/2011
WSP Interagency Agreement Page 1 of 12
WSP Contract No.
WASHINGTON STATE PATROL
K14145
INTERAGENCY AGREEMENT
Other Contract No.
Marijuana Eradication 2018
This Agreement is between the State of Washington, Washington State Patrol and the Public Agency
identified below, and is issued pursuant to
the Interlocal Cooperation Act, chapter 39.34 RCW.
1 PUBLIC AGENCY NAME
Statewide Vendor Registration Number
Federal Way Police Department
SWV# 0015957-00
Public Agency Location Address
Public Agency Mailing Address (if different from
333258th Avenue South
location)
Federal Way, WA 98003
Public Agency Contact Name
Public Agency Contact Telephone
Lieutenant John Stieben
253-835-6842
Public Agency Contact E-mail Address
Administrative/Contracts Contact (Name/Email)
john.stieben@cityoffederalway.com
Jeanne Schroeder
eanne.schroeder@cityoffederalway.com
WSP CONTACT INFORMATION
i
SP Project Manager Name & Title
WSP Project Manager Address j
jSgt. John Didion
Investigative Assistance Division
PO Box 42634, Olympia WA 98504-2634
Telephone
E-mail Address
(360) 239-3263
John. Didion wsp.wa. qov
WSP Administrative/Contracts Contact Name & Title
WSP Administrative Contact Address
Rebecca Kirby,
Budget and Fiscal Services
Contracts Specialist
? PO Box 42602 j
Olympia WA 98504-2602
j Telephone
E-mail Address
i (360) 596-4071
Rebecca.kirby@wsp.wa.gov
FEDERAL
ASSISTANCE INFORMATION
Is the Public Agency a subrecipient of federal assistance for the purposes of
CFDA Number(s)
this agreement? ® Yes ❑ No
j See Exhibit B State Tracking Number
Federal Grant Award Name
Federal Grant Award Number
Domestic Cannabis Eradication/Suppression
2018-124
Is this agreement funded by a federal award for research and development?
Federal Award Year
❑ Yes ®No
2018
Agreement Start Date
Agreement End Date
Maximum Agreement Amount
October 1, 2017
September 30, 2018
$5,000
This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the
terms and conditions agreed upon by the parties.
No other understandings or representations, oral or otherwise, regarding the
subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read
and understand this Agreement and have the authority to enter into this Agreement.
FOR THE WASHINGTON STATE PATROL:
FOR THE PUBLIC AGENCY:
WSP Signature
Date
Public Agency Signature Date
40
Printed Name and Title
Printed Name and Title
John R. Batiste, Chief
Andy J. Hwang, Chief
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 4/26/2011
WSP Interagency Agreement Page 1 of 12
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
(4 OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form, Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes
implemented ate CFR Part 69, for persons entering into a
grant or cooperative agreement over 8100,000, as defined at or commission
28 CFR Part 69, the applicant certifies that: bribery, falsification or destruction of records, making false
embezzlement, theft, forgery,
statements, or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing 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 con-
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting 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 grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions,
(c) The undersigned shall require that the language of this cer-
tification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Part 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within a three-year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide
a drug-free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by para-
graph (a) that, as a condition of employment under the grant,
the employee will—
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 406^:/2. 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
Check !_' if there are workplaces on file that are not indentified
(e) Notifying the agency, in writing, within 10 calendar days
here.
after receiving notice under subparagraph (d)(2) from an
Section 67, 630 of the regulations provides that a grantee that
employee or otherwise receiving actual notice of such convic-tion.
is a State may elect to make one certification in each Federal
Employers of convicted employees must provide notice, including
fiscal year. A copy of which should be included with each ap-
position title, to: Department of Justice, Office of
plication for Department of Justice funding. States and State
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
agencies may elect to use OJP Form 4061/7.
N.W., Washington, D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant;
Check ❑ if the State has elected to complete OJP Form
(f) Taking one of the following actions, within 30 calendar
4061/7.
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted—
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
(1)Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
As required by the Drug -Free Workplace Act of 1988, and
requirements of the Rehabilitation Act of 1973, as amended; or
implemented at 28 CFR Part 67, Subpart F, for grantees, as
(2) Requiring such employee to participate satisfactorily in a
defined at 28 CFR Part 67; Sections 67.615 and 67.620—
drug abuse assistance or rehabilitation program approved for
A. As a condition of the grant, I certify that I will not engage
such purposes by a Federal, State, or local health, law enforce-
in the unlawful manufacture, distribution, dispensing, posses-
ment, or other appropriate agency;
sion, or use of a controlled substance in conducting any
(g) Making a good faith effort to continue to maintain a drug-
activity with the grant; and
free workplace through implementation of paragraphs (a), (b),
B. If convicted of a criminal drug offense resulting from a
(c), (d), (e), and (f).
violation occurring during the conduct of any grant activity, I
B. The grantee may insert in the space provided below the
will report the conviction, in writing, within 10 calendar days
site(s) for the performance of work done in connection with
of the conviction, to: Department of Justice, Office of Justice
the specific grant:
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
Place of Performance (Street address, city, county, state, zip
code)
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address:
Federal Way Police Department
33325 8th Avenue South
Federal Way, WA 98003
2. Application Number and/or Project Name
3, Grantee IRS/Vendor Number
Project: DCE/SP 2018
4. Typed Name and Title of Authorized Representative
Andy J. Hwang
Chief of Police
5. Signature
6. Date
'U.S. Govemment ?ming Office: 1996 - 405-037/40014
WSP INTERAGENCY AGREEMENT (Continued)
Definitions.
"Agreement" means this Interagency Agreement, including all documents attached or
incorporated by reference.
"Public Agency" means the entity performing services to this Agreement and includes
the Public Agency's officers, directors, trustees, employees and/or agents unless
otherwise stated in this Agreement. For the purposes of this agreement, the Public
Agency shall not be considered an employee or agent of WSP.
"WSP" means the State of Washington, Washington State Patrol, and its officers,
directors, trustees, employees and/or agents.
2. Statement of Work. The Public Agency shall perform the services as set forth in Exhibit
A, Statement of Work, which is attached hereto and incorporated herein.
3. Payment. WSP shall pay the Public Agency an amount not to exceed the Maximum
Agreement Amount specified on Page 1 of this Agreement, minus any matching
requirements held by the Public Agency as specified in this Agreement.
4. Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A,
Statement of Work, for work performed to the satisfaction of the WSP Project Manager.
Compensation for services rendered shall be payable upon receipt of properly
completed invoices, which shall be submitted not more often than monthly to the WSP
Project Manager.
The invoices shall describe and document to WSP's satisfaction a description of the
work performed, activities accomplished, the progress of the project, and fees and
expenses. All invoices submitted for payment by the Public Agency shall reference
WSP's agreement number and the Public Agency's Statewide Vendor registration
number. The Public Agency shall submit the final invoice in accordance with Exhibit A,
Statement of Work, Section 3, Reporting Requirements, of this agreement.
5. Agreement Alterations and Amendments. WSP and the Public Agency may mutually
amend this Agreement. Such amendments shall not be binding unless they are in
writing and signed by personnel authorized to bind WSP and the Public Agency.
6. Assignment. The work to be provided under this Agreement, and any claim arising
thereunder, is not assignable or delegable by either party in whole or in part, without the
express written consent of the other party.
7. Compliance with Civil Rights Laws. During the period of performance for this
Agreement, both parties shall comply with all federal and state nondiscrimination laws.
8. Disputes. In the event that a dispute arises under this Agreement, it shall be
determined by a Dispute Board in the following manner: The Chief of WSP shall appoint
a member to the Dispute Board. The Public Agency shall appoint a member to the
Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member
to the Dispute Board. The Dispute Board shall evaluate the dispute and make a
determination of the dispute. The determination of the Dispute Board shall be final and
binding to all parties to this Agreement. As an alternative to this process and if
WSP Interagency Agreement Page 2 of 8
WSP INTERAGENCY AGREEMENT (Continued)
applicable, either of the parties may request intervention by the Governor, as provided
by RCW 43.17.330, in which event the Governor's process will control.
9. Indemnification. The Public Agency shall be responsible for and shall indemnify and
hold WSP harmless for all claims resulting from the acts or omissions of the Public
Agency and its subcontractors. WSP shall be responsible for and shall indemnify and
hold the Public Agency harmless for all claims resulting from the acts or omissions of
WSP and its subcontractors.
10. 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.
11. Inspection; Maintenance of Records. During the term of this Agreement and for one
year following termination or expiration of this Agreement; the Public Agency shall give
reasonable access to the Public Agency's place of business and records to WSP and
any other employee or agent of the State of Washington or the United States of America
for the purpose of inspecting the Public Agency's place of business and its records, and
monitoring, auditing and evaluating the Public Agency's performance and compliance
with applicable laws, regulations, rules and this Agreement.
During the term of this Agreement and for six years following termination or expiration of
this Agreement, the Public Agency shall maintain records sufficient to document (i)
performance of all acts required by statute, regulation, rule, or this Agreement; (ii)
substantiate the Public Agency's statement of its organization's structure, tax status,
capabilities and performance; and (iii) demonstrate accounting procedures, practices
and records which sufficiently and properly document the Public Agency's invoices to
WSP and all expenditures made by the Public Agency to perform as required by this
Agreement.
12. Order of Precedence. In the event of any 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 to:
Applicable federal and state law, regulations and rules;
Exhibit A, Statement of Work,
Exhibit B, State Tracking Number,
Any other provision of this Agreement; and
Any document incorporated by reference.
13. Personnel. WSP officers performing work under the terms of this Agreement shall be
under the direct command and control of the Chief of WSP or designee, and shall
perform duties required under this Agreement in a manner consistent with WSP policy
and regulations, and applicable federal, state and local laws. The assignment of WSP
personnel under this Agreement shall be at the discretion of the Chief of WSP or
designee.
1,4. Rights in Data. Unless otherwise provided, data which originates from this Agreement
shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be
owned by WSP. Data shall include, but not be limited to; reports, documents,
WSP Interagency Agreement Page 3 of 8
WSP INTERAGENCY AGREEMENT (Continued)
pamphlets, advertisements; books, magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. Ownership includes the right to copyrights,
patent, register, and the ability to transfer these rights.
15. Savings. In the event that funds WSP relied upon to establish this Agreement are
withdrawn, reduced or limited, or if additional or modified conditions are placed on such
funding, WSP may immediately terminate this Agreement by providing written notice to
the Public Agency. This termination shall be effective on the date specified in the notice
of termination.
16. 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.
17. Single Audit Act Compliance. If the Public Agency is a subrecipient of a federal award
as identified on Page 1 of this Agreement, the Public Agency shall comply with Office of
Management and Budget (OMB) Circular A-133, Audits of States, Local Governments
and Non -Profit Organizations.
18. Statewide Vendor Payment Registration. The Public Agency is required to be
registered in the Statewide Vendor Payment System prior to submitting a request for
payment under this Agreement. The Washington State Department of Enterprise
Services (DES) maintains the Statewide Payee Registration System; to obtain
registration materials go to
http://www.des.wa.gov/services/ContractingPurchasing/BusinessNendorPay/Pages/defa
ult.aspx.
19. Subcontracting. Except as otherwise provided in this Agreement; the Public Agency
may subcontract for any of the services provided under this Agreement with the prior,
written approval of WSP. The Public Agency shall be responsible for the acts and
omissions of any subcontractor.
20. Termination. Except as otherwise provided in this Agreement, either party may
terminate this Agreement upon thirty (30) calendar days written notification. If this
Agreement is so terminated, the terminating party shall be liable only for performance in
accordance with the terms of this Agreement for performance rendered prior to the
effective date of termination
21. 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 unless stated to be such in writing and
signed by an authorized representative of the party and attached to the original
Agreement.
WSP Interagency Agreement Page 4 of 8
EXHIBIT A
STATEMENT OF WORK
1 -r ---_Purpose. There is evidence that trafficking in controlled substances exists and that such illegal activity
has a substantial and detrimental effect on the health and general welfare of the people of the State of
Washington. The purpose of this Agreement is to provide funding to local law enforcement agencies to
support the locating and eradication of illicit cannabis plants, and the investigation and prosecution of
cases involving controlled substances before state and federal courts in the State of Washington.
2. Statement of Work. The Public Agency, with its own law enforcement personnel and employees, shall
perform activities supporting the locating and eradication of illicit cannabis plants, such as:
a. Gathering and reporting intelligence data relating to the illicit possession and distribution of
marijuana, including information on individuals arrested, weapons seized, plants removed, location
of gardens, and techniques used.
b. Investigating and charging individuals involved in the domestic production of marijuana.
Investigations should seek to identify and charge criminal organizations involved in the illicit
production of marijuana.
Providing, upon request, case -specific information to the Pacific Northwest High -Intensity Drug
Trafficking Area (HIDTA) analyst designated by HIDTA to support marijuana investigations
statewide. Case -specific information provided to this analyst will be handled in accordance with
Western Information System Network (WSIN) policy. Whenever appropriate, the Public Agency will
utilize HIDTA intelligence analysts; these analysts support the criminal investigation process by
providing direct support as an investigation unfolds, conducting data analysis and research. The
value of these services is also found in the technology HIDTA uses to produce analytical charts and
graphs depicting all aspects of an investigation.
Providing law enforcement personnel staffing for illicit marijuana eradication within the State of
Washington.
e. Arresting and bringing to prosecution defendants charged with the violation of controlled substances
laws.
Submitting cultivation forms for each grow operation seized to the WSP research analyst.
Sending required samples of eradicated marijuana to the National Institute on Drug Abuse (NIDA)
Marijuana Potency Monitoring Program, at the University of Mississippi.
3. Reporting Requirements.
a. Financial Reports. The Public Agency shall submit monthly billing and reports to the WSP Project
Manager identified on Page 1 of this Agreement. Monthly reports are due by the 15th of the
following month. To assist Public Agencies with reporting the designated form(s) will be provided to
the Agency's billing contact by Rebecca Kirby (Rebecca. Kirbycd,)wsp.wa.gov). Forms are to be
returned to the Narcotics Section, Sgt. John Didion at John, Didion ,wsp.wa.gov.
WSP shall not reimburse the Public Agency for any activity or associated cost that has not been
identified in a Public Agency's monthly report. All reports and billings must be received by WSP no
later than September 30, 2018, for all reimbursable activities during the period of performance for
this Agreement.
WSP Interagency Agreement Page 5 of 8
b. Mariivana Cultivation Seizure Reports. The Public Agency shall report to the WSP Project Manager,
Sgt. John Didion (360) 239-3263 at DCESP.MJ.seizuresC�wsp.wa.gov, all seizures utilizing the
Marijuana Cultivation Seizure Report form (Exhibit B to this Agreement) for each garden seized within
48 hours of the seizure. GPS coordinates are desired for all grow locations and are required for
outdoor grow locations. Indoor grow locations require physical addresses and, if available, GPS
coordinates.
c. Cannabis Potency Monitoring Program Reports. The Public Agency shall send required samples of
eradicated marijuana to the National Institute on Drug Abuse (NIDA) Marijuana Potency Monitoring
Program at the University of Mississippi. Each recipient agency will submit a minimum of four
samples utilizing the form and instructions attached as Exhibit C to this Agreement. Potency
monitoring is critical for monitoring the increasing potency of marijuana produced in the United States.
4. Allowable Costs.
a. Agreement funds may be used to reimburse the Public Agency for the following without prior
approval by WSP:
1) Law enforcement officer(s) overtime salaries during the time they are engaged in activities
directly supporting the program. Fringe benefits associated with overtime salaries are no longer
allowable.
2) Mileage, subsistence and lodging costs for law enforcement officers during the time they are
engaged in the eradication process or attending associated training and planning meetings. All
mileage, subsistence and lodging costs shall be reimbursed at current State of Washington travel
reimbursement rates.
b. Agreement funds may be used to reimburse the Public Agency for the following if approved in
advance by the WSP Project Manager:
1) Rental, leasing, maintenance and operation costs for equipment used directly for marijuana
eradication. All aircraft used pursuant to this Agreement shall meet all applicable Federal
Aviation Administration rules and regulations.
2) Purchases of equipment used directly for marijuana eradication. The Public Agency shall
request approval of the purchase in advance by WSP in a detailed letter or email to the WSP
Project Manager identified on Page 1 of this Agreement. Details shall include type and quantity
of equipment, the cost of equipment, requested reimbursement amount and how this equipment
supports your marijuana eradication efforts. The authorization request letter or email to the
Project Manager must be received by the WSP no later than June 30, 2018. The WSP shall
return a letter or email to the Public Agency granting or denying authorization. The Public
Agency must attach a copy of the equipment vendor's invoice and/or packing slip to its billing
submitted to WSP for reimbursement of equipment costs.
c. The Public Agency shall expend all Agreement funds no later than September 30, 2018.
5. Unallowable Costs. Reimbursement to the Public Agency under this Agreement is limited to those cost
items identified in Section 4, Allowable Costs. Additionally, the use of Agreement funds is expressly
prohibited for defraying the costs related to herbicidal eradication of marijuana without the written consent
of WSP in advance.
The Public Agency understands and agrees that Federal funds will not be used to perform any of the
following functions: (i) issuing licenses, permits, or other forms of authorization permitting the holder to
manufacture„ distribute, sell, or use marijuana in contravention of the CSA; (ii) conducting ancillary
activities related to the issuance of such licenses and permits, such as background checks on applicants;
WSP Interagency Agreement Page 6 of 8
(iii) collecting state or local tax or licensing revenue related to the manufacture, distribution, or sale of
marijuana in contravention of the CSA; (iv) preparing or issuing regulations governing the manufacture,
distribution, sale, or possession of marijuana in contravention of the CSA; or (v) monitoring compliance
with state or local laws or regulations that permit the manufacture, distribution, sale, or use marijuana in
contravention of the CSA. The result of expended funds (e.g. equipment, supplies and other resources)
must be directly related to and must only be used for marijuana eradication activities.
6. Use of Funds by Other Law Enforcement Agencies. The Public Agency may elect to use Agreement
funds to reimburse other law enforcement agencies for their marijuana eradication efforts. If Agreement
funds are used in this fashion, the Public Agency remains responsible for ensuring all costs submitted for
payment by other law enforcement agencies are allowable under this Agreement. The Public Agency
must also report the activities of other law enforcement agencies reimbursed under this Agreement in the
Public Agency's monthly report to WSP.
7. Reallocation of Funds. As expeditiously as possible, the Public Agency shall notify the WSP Project
Manager if the Public Agency will not be able to expend any portion of funds provided under this
Agreement. Subject to the Agreement Alterations and Amendments section of this Agreement, WSP
shall reallocate unexpended funds to other law enforcement agencies that have demonstrated a need for
additional funding.
8. Hold Harmless. In addition to the Indemnification section of this Agreement, the Public Agency shall
hold the U. S. Drug Enforcement Administration, its agents and employees, and the United States
Government harmless from any and all claims, demands, suits, liabilities and cases of action, or whatever
kind and designation, and where -ever located in the State of Washington, resulting from activities funded
through this Agreement.
9. Certifications. The Public Agency shall execute and return to WSP the OJP Form 4061/6, Certifications
Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free
Workplace Requirements. The Public Agency acknowledges that this Agreement shall not take effect
and that no funds shall be reimbursed until the completed OJP Form 4061/6 is received by WSP.
10. Equipment Management. The Public Agency shall comply with the property management requirements
contained in the Financial Guide published by the Office of Justice Programs, U.S. Department of Justice,
concerning the use, tracking/inventory, and disposition of any equipment purchased with Agreement
funds.
WSP Interagency Agreement Page 7 of 8
EXHIBIT B
STATE REPORTING TRACKING NUMBER
The Domestic Cannabis Eradication/Suppression Program (DCE/SP), DEA does not have an assigned
Catalog of Federal Domestic Assistance (CFDA) number. Audits can be conducted without a CFDA number.
The auditor must send an email to the Federal Audit Clearinghouse erd.fac census.gov with their agency's
name and EIN number and the information will be forwarded to them. In conjunction with the beginning date
of the award, the audit report period of the WSP under the single audit requirement is FYI (10/1/17 —
9/30/18).
NOTE: The WSP receives the funds for this program from the DEA through a Letter of Agreement (LOA)
which is a reimbursable agreement, not a grant; therefore for purposes of the DCE/SP, DEA requires an audit
completed regardless of the threshold amount listed in 2 CFR 200.
WSP Interagency Agreement Page 8 of 8
5m
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
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 / Police Department accept $23,300 from WTSC for DUI,
Speeding, Seat Belt, Motorcycle, and Distracted Driving enforcement?
COMMITTEE: PRHS&PSC MEETING DATE: Nov. 13, 2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Lt. B. Schulz DEPT: Police
Attachments: Staff Report
IAA Between WTSC and the Federal Way Police Department
Options Considered:
1. Accept the WTSC Agreement
2. Reject the WTSC Agreement
MAYOR'S RECOMMENDATION: Option I
MAYOR APPROVAL:1 DIRECTOR APPROVAL:
Co mittee Coun 1 Initial/D e
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the November 20, 2018
consent agenda for approval.
ommittee Chair Committe Member Com ee Member
PROPOSED COUNCIL MOTION: "I move approval of the Interagency Agreement between the Washington
Traffic Safety Committee and the City of Federal Way / Police Department, effective October 1, 2018 through
September 30, 2019 with grant funding to Federal Way not to exceed $23,300, and authorize the Chief of
Police to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 13, 2018
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
Financial Impacts:
The Washington Traffic Safety Commission will grant the Federal Way Police Department an
amount not to exceed $23,300.00 in compensation for the overtime provide in accordance with
this Agreement.
Background Information:
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 had last year.
SmartField View
W,E,M,,,Sv116
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
Assistance Listings Catalog of Federal Domestic Assistance (CFDA) numbers 20.600 and 20.616, for traffic
safety grant project 2019-HVE-3364-Federal Way Police Department, specifically to provide funding for the
SUB -RECIPIENT to conduct overtime 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, 2018, and remain in effect until September 30, 2019, unless terminated
sooner, as provided herein.
3. STATEMENT OF WORK
Note: This statement of work applies only to HVE emphasis areas for which your agency has received HVE
funding.
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. Outreach
efforts are supported by the WTSC during statewide HVE campaigns. Regional TZMs also support public
outreach efforts during locally planned HVE events. Below are descriptions of the Scope of Work for each
funding category. The WTSC accepts written requests for moderations to the Scope of Work through the
regional Target Zero Manager.
This grant provides funding for HVE enforcement in a variety of emphasis areas: impaired driving
enforcement, distracted driving enforcement, seat belt use enforcement, flex patrols, motorcycle safety
patrols, Target Zero Teams.
HVE Enforcement Plan Requirement:
A HVE Mobilization Plan is required prior to all HVE activity. The local traffic safety task force and TZM
are responsible for submitting this form to the WTSC HVE Program Manager prior to enforcement activities
begin. This form serves as prior approval for HVE events and includes the following information:
• Problem statement
• Description of enforcement strategy, including expected law enforcement agencies participating in the
event, target violation, and target locations
• Public outreach strategy
• Evaluation plan
Law enforcement officers will complete an Emphasis Patrol Activity Log within 48 hours of the completion
of the patrols.
Statewide Impaired Driving Enforcement:
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 12 — January 2
• Drive Sober or Get Pulled Over — August 16 — 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. Except when prior approval is
provided, impaired driving HVE must begin after 6:00 p.m. and will occur Thursday -Sunday.
Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the
funds must only be used for impaired driving enforcement and during another national impaired driving
enforcement campaign or other large local event.
This funding can be used to support the professional growth of officers with limited exposure to impaired
driving enforcement. With the approval of the region's TZM and WTSC, officers can participate in
mentoring for impaired driving enforcement. Requirements for this use of funds include the following:
• WTSC approval for impaired driving mentorship is done through the HVE Mobilization Plan.
Approval for mentorship must be received prior to the activity date.
• The training officer must be a Drug Recognition Expert or ARIDE trained.
• TZMs can submit a request for an officer who doesn't meet these requirements to be a mentor. This
request must be detailed on the HVE Mobilization Plan.
• There must be a review of the SFST procedure prior to the enforcement activity.
• There is a limit of 2 times per year that an officer can be a mentee.
• Funds permitting, mentees will participate in at least 1 impaired driving mobilization after completing
mentoring.
• Each region or county -level task force can set additional requirements for participation in this use of
funding.
• To be eligible for this activity, the task force must have a policy for DUI Mentoring.
• Funding will pay for overtime for the mentor officer and the mentee officer.
This funding can be used to conduct premise checks in bars and other establishments that sell alcohol. To be
used for this purpose, the activity must meet the following requirements:
Approval for this activity is done through the HVE Mobilization Plan. This plan must be received
prior to the activity date. It should include details such as the estimated number of hours and officers
who will be participating in this activity. It should also include a plan for what officers will discuss
with the premise (Ex. distributing coasters, HVE dedication materials, mobilization creative, etc.)
Each establishment is counted as 1 contact on the Officer Activity Log.
The WA Liquor and Cannabis Board must be notified in advance of this activity to encourage
collaboration and support.
Statewide Distracted Driving Enforcement:
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 — March 28 - April 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.
Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the
funds must only be used for distracted driving enforcement.
Statewide Seat Belt Use Enforcement:
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 13 — June 2
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.
Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the
funds must only be used for seat belt use enforcement.
Flex Patrols:
The local Task Force may coordinate local impaired driving, seatbelt, distracted driving, or speeding HVE
events during the contract period. Dates of flex HVE events may not coincide with statewide patrol periods.
Dates of local patrols will be reported in advance to the WTSC. Ideally, the HVE mobilization plans for flex
patrols are sent to the WTSC for review at least 2 months prior to the event date. Only enforcement activity
conducted during a pre -approved event will be considered for reimbursement.
This funding can be used to support the professional growth of officers with limited exposure to impaired
driving enforcement. With the approval of the region's TZM and WTSC, officers can participate in
mentoring for impaired driving enforcement. Requirements for this use of funds include the following:.
• The activity must be during a Friday or Saturday night.
• WTSC approval for impaired driving mentorship is done through email communication with the
Target Zero Teams WTSC Program Manager. Approval for mentorship must be received prior to the
activity date.
• The training officer must be a Drug Recognition Expert trained officer.
• TZMs can submit a request for an officer who doesn't meet these requirements to be a mentor. This
request must be detailed on the HVE Mobilization Plan.
• There must be a review of the SFST procedure prior to the enforcement activity.
• There is a limit of 2 times per year that an officer can be a mentee.
• Funds permitting, mentees will participate in at least 1 Target Zero Teams or other impaired driving
enforcement mobilization after completing mentoring.
• Each region or county -level task force can set additional requirements for participation in this use of
funding.
• To be eligible for this activity, the task force must have a policy for DUI Mentoring.
• Funding will pay for overtime for the mentor officer and the mentee officer.
This funding can be used to conduct premise checks in bars and other establishments that sell alcohol. To be
used for this purpose, the activity must meet the following requirements:
Approval for this activity is done through the HVE Mobilization Plan. This plan must be received
prior to the activity date. It should include details such as the estimated number of hours and officers
who will be participating in this activity. It should also include a plan for what officers will discuss
with the premise (Ex. distributing coasters, HVE dedication materials, mobilization creative, etc.)
Each establishment is counted as I contact on the Officer Activity Log.
The WA Liquor and Cannabis Board must be notified in advance of this activity to encourage
collaboration and support.
Motorcycle Safety Patrols
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaign:
• Motorcycle Safety Patrols — July 5 — 21
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.
Target Zero Teams funding can be used to support the professional growth of officers with limited exposure
to impaired driving enforcement. With the approval of the region's TZM and WTSC, officers can
participate in mentoring for impaired driving enforcement. Requirements for this use of funds include the
following:
• The activity must be during a Friday or Saturday night.
• WTSC approval for impaired driving mentorship is done through email communication with the
Target Zero Teams WTSC Program Manager. Approval for mentorship must be received prior to the
activity date.
• The training officer must be a Drug Recognition Expert trained officer.
• TZMs can submit a request for an officer who doesn't meet these requirements to be a mentor. This
request must be detailed on the HVE Mobilization Plan.
• There must be a review of the SFST procedure prior to the enforcement activity.
• There is a limit of 2 times per year that an officer can be a mentee.
• Funds permitting, mentees will participate in at least 1 Target Zero Teams or other impaired driving
enforcement mobilization after completing mentoring.
• Each region or county -level task force can set additional requirements for participation in this use of
funding.
• To be eligible for this activity, the task force must have a policy for DUI Mentoring.
• Funding will pay for overtime for the mentor officer and the mentee officer.
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.
• For impaired driving HVE mobilizations, there is one additional requirement:
• Officers must have made a DUI/DWI arrest within the past twelve months.
Media Contacts:
All of these patrols are conducted as part of a highly publicized, educational effort. Publicity campaigns
about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations.
The WTSC requests that the SUB -RECIPIENT posts traffic safety information to their web -based platforms
during statewide and locally coordinated HVE mobilizations. 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 12 - January 2
March 28 - 14
May 13 - June 2
July 5 - 21
August 14 - September 2
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
$23,300.00. 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. 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, limited to the following:
• FICA
• Medicare
• Any portion of L & I that is paid by the employer (SUB -RECIPIENT)
• Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution
is based on a percentage of their hours worked
Health insurance, or any other benefits not listed above, are not eligible for reimbursement.
The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles,
radars, breath testers, etc.) to participate in the emphasis patrols.
3.2.3. 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.
These alterations must be documented through email communication between all involved parties, including
the TZM, and the WTSC Fiscal Analyst.
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.
3.2.4. Up to 40 percent of the statewide enforcement funding can be expended during dates outside of the
designated statewide campaign periods. However, impaired driving funds must be used during another
national impaired driving enforcement campaign or other large local event.
3.3. SUMMARY OF PROJECT COSTS
Fundings break down into the following enforcement categories:
EMPHASIS PATROL
Statewide Impaired Driving Patrols
$3,500.00
(Section 405d, CFDA 20.616)
Statewide Distracted Driving Patrols
$3,500.00
(Section 402, CFDA 20.600)
Statewide Click it or Ticket
$1,300.00
(Section 405b, CFDA 20.616)
Statewide Speeding Patrols
$0.00
Flex Funding (Local DUI, Speed, Distracted, and Seat Belt Patrols)
$2,000.00
(Section 402, CFDA 20.600)
Motorcycle Safety
$6,000.00
(164 Funds, CFDA 20.608)
Target Zero Teams (DUI)
$7,000.00
(Section 405d, CFDA 20.616)
3.3.1. 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 expected 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 an officer Emphasis
Patrol Logs to their regional TZM, or by other approved means, 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 request to
amend this Agreement. Such amendments shall only be binding if they are in writing and signed by
personnel authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary
Contact, and WTSC Program Manager can be made through email communication and signatures are not
required.
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 34 through 42.
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 the TZM with supporting
documentation, as WTSC shall require. The TZM will submit all approved invoices to the WTSC via
WTSC's online grant management system within 10 days of receipt.
All invoices for reimbursement include the following:
Form A-19 provided by WTSC or its pre -approved equivalent. The hourly rate of each officer included
on the invoice must be identified.
Emphasis Patrol Log for each officer.
WTSC's Overtime Log or the SUB-RECIPIENT's 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, 2019, must be received by WTSC no later than August 10, 2019. All invoices for goods
received or services performed between July 1, 2019, and September 30, 2019, must be received by WTSC
no later than November 15, 2019.
13. CONFIDENTIALITYlSAFEGUARDING 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:
Jerry Noviello
jnoviello@wtsc.wa.gov
360-725-9897 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
WEMS
WTSC ENTERPRISE MANAGEMENT SYSTEM
Grant Requirements Acknowledgement Form for High Visibility Enforcement
(HVE) Mobilizations
Enter Agency Name:
This document is intended to guide law enforcement agencies, Target Zero Managers (TZM),
and Law Enforcement Liaisons (LEL), in conducting overtime mobilizations funded by federal
highway safety grant funds to address impaired driving, distracted driving, speeding, seat belt
use, motorcycle safely, and Target Zero Teams (TZT). These requirements are mandatory in
accordance with signed HVE Interagency Agreements (IAA), and all exceptions to these
requirements must be pre -approved by the Washington Traffic Safety Commission (WTSC)
prior to the emphasis patrol(s).
This document highlights the key responsibilities of the grantee Project Manager, the WTSC,
Target Zero Managers (TZM), and Law Enforcement Liaisons (LEL). This document does not
replace the comprehensive information detailed in the IAA. The information in the IAA takes
precedence over this document.
Before beginning work on this grant project, the grantee Project Manager should thoroughly read
and understand the terms of the IAA. This Grant Requirements Acknowledgement Form
provides an explanation of some key terms and highlights, but is not comprehensive. If the
Project Manager has questions after reviewing this document, please contact the WTSC Program
Manager assigned to this grant.
When you, the grant Project Manager, acknowledge this document, you certify that you
understand the grant requirements and agree to fully comply with the terms and conditions set
forth in the IAA, as well as additional federal requirements outlined in the Code of Federal
Regulations for Federal Grants and Agreements, as referenced below.
If anything in this document conflicts with the IAA, the IAA takes precedence.
PURPOSE AND METHODS OF HVE:
The objective of HVE campaigns is to change driver behavior by raising traffic safety awareness
through education and enforcement. This is achieved with:
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WEMS
WISE ENTERPRISE MANAGEMENT SYSTEM
• Increased law enforcement activities targeting specific driving violations. Law
enforcement presence must appear to be greater than typical. The enforcement plan is
coordinated by the LEL and TZM.
• Public education and media activities coordinated by WTSC, TZM, and/or LEL
Funding from the WTSC supports overtime enforcement activities to increase the number of
officers enforcing impaired driving, distracted driving, speeding, motorcycle and occupant
protection laws. The overtime law enforcement activities support the media effort by
demonstrating to the public that the media messages are true, i.e. that extra enforcement patrols
(with a particular focus) are going on now, so that the public takes the media messages seriously.
The media activities support the enforcement effort by encouraging voluntary compliance with
the laws.
DEFINITIONS:
"HVE" is enforcement of the law in conjunction with publicity that draws the attention of
the public to the enforcement activity. There are four components to HVE:
o Enforcement — Law enforcement enforce traffic laws, using data to determine
target locations and violations. The WTSC prefers that multijurisdictional
enforcement is used. However, if not possible, saturation and wave enforcement
is allowed.
o Publicity — The public knows about the patrols before, during, and after they take
place
o Visibility — The public can clearly know that this enforcement is taking place.
o Evaluation — Quantitative and qualitative evaluation is done to assess the project.
"Multijurisdictional enforcement" is defined as a minimum of two law enforcement
agencies participating at a designated date and time, enforcing a specific activity, in a
location determined by the local Target Zero Task Force.
Saturation enforcement is defined as a minimum of three law enforcement officers
participating at a designated date and time, enforcing a specific activity, in a location
determined by the local Target Zero Task Force. The number of officers should create an
appearance of a high level of enforcement in the area.
Wave enforcement is defined as conducting coordinated enforcement activities at
designated intervals over a period of days or weeks. Ex. speed enforcement daily in
school zones during drop off and pick up times during the first week of the school year.
SPECIFIC REQUIREMENTS:
Before beginning to work on this grant, you must have:
• A fully executed IAA or contract, signed by both parties.
Page 2 of 10
WEMS___;
WTSC ENTERPRISE MANAGEMENT SYSTEM
• Attested to the Grant Requirements Acknowledgment Form (this document).
Work cannot begin before October 1, 2018, or before the IAA is signed by all parties.
Period of Performance: October 1, 2018 - September 30, 2019. All work must be completed no
later than September 30, 2019.
SELECT CONTRACT PROVISIONS:
• Statement of Work: This summarizes the work to be done for this grant. If this changes
significantly, the grantee will need to request a change in WEMS, and an IAA
amendment may be required.
• Period of Performance: October 1, 2018 - September 30, 2019. All work must be
completed, and goods and services must be received, no later than September 30, 2019.
Compensation:
o All expenses must be incurred between October 1, 2018 and September 30, 2019.
o Expenses cannot exceed the total amount of the agreement, and must fall within
the amounts of each budget category as listed in the IAA.
o Funds cannot be moved between planned budget categories.
o Upon agreement between the TZM and all other parties impacted by a proposed
budget alteration, the allocation amounts may be increased or decreased without
amending the IAA. These alterations must be documented through email
communication between all involved parties, including the TZM and the WTSC
Fiscal Analyst. Budget alterations should not be approved by the TZM if the
proposed funding amounts cause a region's maximum funding amount to be
exceeded in any HVE category, unless the WTSC HVE Program Manager
approves this budget adjustment.
o 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, limited to the following:
■ FICA,
■ Medicare,
■ Any portion of L & I that is paid by the employer, and
• Retirement contributions paid by the employer (if the contribution is based
on a percentage of hours worked).
o The SUB -RECIPIENT will provide law enforcement officers with appropriate
equipment (e.g., vehicles, radars, breath testers, etc.) to participate in the emphasis
patrols.
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WEMS
WTSC ENTERPRISE MANAGEMENT SYSTEM
o Up to 40% of the statewide enforcement funding can be expended during dates
outside of the designated statewide campaign periods. The funds can only be
used for their originally intended purpose.
• Advance Payments Prohibited: WTSC cannot pay any funds in advance to the HVE
mobilization before completing the work.
Agreement Alterations and Amendments:
o Any changes to the terms of an agreement must be mutually agreed upon by both
parties and are often incorporated by written amendment to the
agreement/contract. Such amendments shall only be binding if they are in writing
and signed by personnel authorized to bind each of the parties.
o Exceptions to this include alterations to the budget and the Primary Contact for
the agency listed in WEMS. The regional TZM has the authority to make these
alterations if all affected parties agree to the changes.
Billing procedure:
o Submit for reimbursement monthly (if possible), after expenses are incurred.
o Create an invoice and submit it within WEMS, or email an A-19 invoice voucher
form or approved alternate. The Emphasis Patrol Activity Logs and proof of
overtime will be scanned into WEMS or also submitted through email or
approved alternate. The regional TZM will review, approve, and submit the
reimbursement to WTSC for payment.
o Payment will be made by warrant or account transfer after receipt of invoice.
o Invoices for all expenditures incurred before June 30 must be submitted by
August 10.
o Invoices for all expenditures incurred before September 30 (end of project) must
be submitted by November 10.
• Buy America Act: For any manufactured goods over $5,000, the grantee must provide
written certification that the goods, including IT software and hardware, were produced
in the USA. (This does not normally apply to HVE activities.)
• Cost Principles: Grantee cannot use grant funds, to replace routine and/or existing staff
or expenditures. Must comply with 2 CFR Part 200 Subpart E.
• Income: Any and all program income earned by the grantee during the grant period from
activities conducted as part of the grant (e.g., sale of publications, registration fees,
service charges, etc.) must be fully accounted for and applied to project purposes or used
to reduce project costs.
Page 4 of 10
WEMS
WiSC ENTERPRISE MANAGEMENT SYSTEM
• Lobbying/ Political Activity: Because this grant uses federal funds, no work being
funded by this grant can be used to lobby or otherwise influence state or federal officials,
or support or oppose legislation; there is an allowance for "customary state practice."
Records Maintenance: Maintain records pertaining to this agreement for 6 years after
grant expiration.
Standardized Field Sobriety Test (SFST) TRAINING REQUIREMENTS:
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.
• For impaired driving HVE mobilizations, there is one additional requirement:
o Officers must have made a DUI/DWI arrest within the past twelve months.
PERFORMANCE REQUIREMENTS:
All officers participating in HVE patrols are required to attend mobilization briefings if
conducted.
Participating law enforcement officers 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 that sometimes this
performance goal is not possible to attain. Failure to meet the performance goal does not
automatically mean reduction in reimbursement for the activity. Officers who do not
meet the performance goal should document the reason, which will be reviewed by the
TZM and LEL.
Other activities, such as collision investigations or emergency response that are not
initiated through emphasis patrol contact WILL NOT be reimbursed. Only traffic safety
enforcement and correlated activity is allowable for reimbursement.
All personnel who work HVE patrols must submit officer Emphasis Patrol Activity Logs
to the regional TZM within 48 hours of the end of all shifts worked. The regional TZM
will review, approve, and submit the reimbursement to WTSC for payment.
SHIFT LENGTH:
Page 5 of 10
WEMS
WTSC ENTERPRISE MANAGEMENT SYSTEM
The law enforcement agency involved will not schedule individual officer overtime shifts for
longer than eight hours. WTSC understands there may be instances when more than eight hours
are billed due to DUI processing or other reasons.
RESERVE OFFICERS:
The law enforcement agency involved will ensure that any reserve officer for whom
reimbursement is claimed has exceeded his/her normal weekly working hours when participating
in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may
only be paid at the normal hourly rate and not at the 150 percent overtime rate.
111&1Z ICy.A
WTSC will reimburse communications officers/dispatch personnel for work on these patrols
only if the law enforcement agency has received prior approval from the designated TZM.
OTHER REQUIREMENTS:
• Project Monitoring:
o Site Visits: These are conducted to review performance, compliance, and quality
assurance. Site visits will be done at least once annually for all grants over
$50,000 and may be conducted on any grant of any size, if the Program Manager
desires.
o Other important information can be shared via a message to the Program
Manager. In your WEMS grant, click the Notes tab, and select "Note to
Applicant". Type your note and click the blue Save button. These updates on
achievements, issues, etc. are always welcome!
• Promotional Item Purchase Restrictions: No promotional items can be purchased with
these grant funds.
• Single Audit Requirements: Required of an entity that expends $750,000 or more
annually of federal funds, federal grants, or federal awards; usually performed annually.
• Time -Keeping Requirements: When requesting reimbursement for overtime costs,
back-up documentation substantiating overtime must be provided.
RESPONSIBILITIES OF INVOLVED PARTIES:
WA Traffic Safety Commission:
o Provide funding.
Page 6 of 10
WEMS
WTSC ENTERPRISE MANAGEMENT SYSTEM
o Provide state/local traffic fatality and serious injury data.
o Coordinate paid media activities at the state level for statewide and local
mobilizations (when possible).
o Lead news media efforts for:
■ Statewide Impaired Driving Patrols
■ Statewide Distracted Driving Patrols
■ Statewide Seat Belt Patrols
■ Motorcycle Safety Patrols
■ Target Zero Teams DUI
o Support news efforts for: Local DUI, Speed, Distracted, and Seat Belt Patrols
o Summarize statewide HVE enforcement activity.
o Report results to the National Highway Traffic Safety Administration.
Target Zero Manager and Law Enforcement Liaison:
o Coordinate mobilization briefings.
o Lead news media and community outreach efforts for local mobilizations.
o Review and approve all IAAs, invoices, and other documentation submitted
through the WTSC Enterprise Management System (WEMS), email or other
approved submission methods, before submission to WTSC. This includes
follow-up on incomplete invoicing and Emphasis Patrol Activity Logs (such as
those with unexplained low contact numbers). This expectation can be modified
to better meet the needs of each region with approval from the WTSC HVE
Program Manager.
o Facilitate HVE mobilization planning at Target Zero Task Force meetings.
• For statewide HVE patrols
■ Submit HVE Mobilization Plan prior to the statewide campaign.
■ Submit evaluation data within 1 week of campaign closure
■ For Flex HVE patrols
■ Submit HVE Mobilization Plan prior to the statewide campaign.
Ideally, the TZM will submit these plans to the WTSC 2 months
prior to the HVE event date. This provides WTSC enough notice
to support the HVE event with paid advertising.
Law Enforcement Agencies:
o Send a representative to local Target Zero Task Force meetings to plan
mobilization locations and exact dates.
o Ensure availability of agency's media contact prior to and during all mobilization
dates.
Page 7of10
WEMS
WTSC ENTERPRISE MANAGEMENT SYSTEM
o Provide commissioned police officers (active or paid reserve) with appropriate
equipment (e.g., vehicle, radar, etc.) to participate in multijurisdictional HVE
patrols.
o Ensure that officers assigned to the HVE campaigns are qualified to enforce the
impaired driving laws as outlined in this document.
NEW REQUIREMENTS IN FEDERAL FISCAL YEAR 2019:
• HVE Mobilization Plans
o Task forces are required to submit plan for each HVE mobilization. This plan
includes, but is not limited to, the following items:
■ Statement of need
■ Law enforcement agencies participating
■ Enforcement strategy, including target violation and location(s)
■ Communications strategy
■ Evaluation plan
Impaired Driving Training Requirements:
o The WTSC recognizes that most of the vehicular fatalities involving impaired
include impairment by drugs. Because of this, the WTSC prefers officers who
work these HVE mobilizations to be DRE or ARIDE trained. However, the
minimum requirement for these HVE mobilizations are the following:
■ Completed SFST training within the past three years
■ Must have current BAC certification
■ Must have made a DUI/DWI arrest within the past twelve months
(new to FFY2019), unless the officer participated in DUI mentoring.
Statewide HVE Funding
o Up to 40% of statewide HVE funding for impaired driving, Click It or Ticket, and
distracted driving can be spent outside of the statewide HVE campaign periods.
■ For impaired driving enforcement
■ Funds spent outside of the statewide campaign periods must be
spent during another national impaired driving mobilization period
or other large local event.
■ For distracted driving and seatbelt enforcement
■ Funds can be spent outside of the statewide campaign period based
on need identified by local Target Zero task force. A mobilization
plan is required prior to the enforcement mobilization.
o Funding must be used for its original intended purpose. Ex. Statewide impaired
driving funds must be used solely for impaired driving enforcement.
Page 8 of 10
WEMS� ..
WTSC ENTERPRISE MANAGEMENT SYSTEM
DUI Enforcement Mentoring
o Statewide DUI and Flex Funding (during DUI mobilizations) can be used to
support the professional growth of officers with limited exposure to impaired
driving enforcement. With the approval of the region's TZM and WTSC, officers
can participate in mentoring for impaired driving enforcement. Requirements for
this use of funds include the following:
■ WTSC approval for impaired driving mentorship is done through the HVE
Mobilization Plan. Approval for mentorship must be received prior to the
activity date.
■ The training officer must be a Drug Recognition Expert trained officer.
• TZMs can submit a request for an officer who doesn't meet these
requirements to be a mentor. This request must be detailed on the
HVE Mobilization Plan.
■ There must be a review of the SFST procedure prior to the enforcement
activity.
■ There is a limit of 2 times per year that an officer can be a mentee.
■ Funds permitting, mentees will participate in at least 1 impaired driving
mobilization after completing mentoring.
■ Each region or county -level task force can set additional requirements for
participation in this use of funding.
■ To be eligible for this activity, the task force must have a policy for DUI
Mentoring.
■ Funding will pay for overtime for the mentor officer and the mentee
officer.
Alcohol Premise Checks
o Statewide DUI and Flex Funding (during DUI mobilizations) can be used to
conduct alcohol premise checks in bars and other establishments that sell alcohol.
To be used for this purpose, the activity must meet the following requirements:
■ Approval for this activity is done through the HVE Mobilization Plan.
This plan must be received prior to the activity date. It should include
details such as the estimated number of hours and officers who will be
participating in this activity. It should also include a plan for what officers
will discuss with the premise (Ex. distributing coasters, HVE dedication
materials, mobilization creative, etc.)
Each establishment is counted as 1 contact on the Officer Activity Log.
The WA Liquor and Cannabis Board must be notified in advance of this
activity to encourage collaboration and support.
Page 9 of 10
WEMS
WTSC ENTERPRISE MANAGEMENT SYSTEM
By checking this box and typing your name below, you certify that you agree to fully comply
with the terms and conditions set forth in the Agreement, as well as the requirements listed in
this document. Typing your name below constitutes your electronic signature on this document.
I Agree
(Signature and Title) (Date)
Page 10 of 10
COUNCIL MEETING DATE: November zv, 'ZOtl ITEM #: 6a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUBLIC HEARING REGARDING 2019-2020 BIENNIAL BUDGET AND PROPERTY TAX LEVY
POLICY QUESTION: N/A
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office
...................-............................
.................................................................................
.............
Attachments: N/A
Summary/Background: Public Hearing on the 2019-2020 Proposed Biennial Budget and 2017 Property Tax
Levy as required by RCW 35A.34.
As required by state law, the city must review and authorize the adoption of the fiscal biennium budget for 2019-
2020. Budget documents have been provided to the Council, with staff presentations given at previous City
Council Meetings. Any taxpayer may appear and be heard for or against any part of the budget at this and all
budget meetings.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Committee
COMMITTEE RECOMMENDATION: N/A
N/A
Committee Chair
PROPOSED COUNCIL MOTION: N/A
CITY CLERK APPROVAL:
N/A
Committee Member
N/A
Committee Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
IST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
MOVED TO SECOND READING (ordinances only) 1112012v1irl
ORDINANCE #
REVISED—
12/2016
RESOLUTION #
COUNCIL MEETING DATE: November 20, 2018
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: 2019 FEE SCHEDULE
ITEM #:
7a
POLICY QUESTION: Should the City Council approve the Fee Schedule for 2019?
COMMITTEE: N/A MEETING DATE: November 20, 2018
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance
....................................................................................._........................................_........................................................................_............................................................................................................................................................................................................._..............................................................................................................................
Attachments: Resolution: 2019 Fee Schedule
Staff Report
Options Considered:
1. Approve the Resolution.
2. Deny approval of the Resolution and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
Committee Council
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
DIRECTOR APPROVAL: 42!�v 1111zjlj
Initial/Date
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S): "I move approval of the proposed resolution. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 12/2017
RESOLUTION #
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, amending
the fee schedule for 2019 and repealing the fee schedule adopted in
Resolution No. 18-745
WHEREAS, the City is authorized under RCW 35A.11.020, 35A.63.100(2), and
19.27.040 to require licenses for the conduct of business, require permits for the construction of
structures and improvements, and to impose fees to recoup the costs of processing and/or
providing services; and
WHEREAS, the Federal Way Revised Code establishes the basis for the assessment
and/or collection of such license, permit fees, and service charges; and
WHEREAS, the City Council deemed it is advisable and necessary to provide gradual
annual increases in Land Use, Mechanical, Plumbing, Public Works, Electrical, and Building
permit fees and to establish the mid -year Consumer Price Index for All Clerical Workers (CPI -
W) for the Seattle -Tacoma -Bremerton area as the basis for such adjustments in Resolutions 98-
281, 01-351, 02-377, 03-406, 04-435, 05-462, 06-490, 07-513, 08-537, 09-567, 10-585, 10-599,
11-612, 12-626, 13-654, 14-673; 15-699; 16-711; 17-717; 17-730; 18-745; and
WHEREAS, the City Council has historically adjusted development services and permit
fees under the Land Use, Mechanical Code, Plumbing Code, Public Works, Electrical Code, and
International Building Codes in accordance to the percentage of inflation measured by the mid-
year CPI -W for the Seattle -Tacoma -Bremerton area; and
WHEREAS, the Transportation Impact Fees is indexed to provide for an automatic
increase each year based on a three-year moving average of the Washington State Department of
Transportation Construction Cost Index; and
Resolution No. 18- Page 1 of 13
WHEREAS, the City Council finds it necessary to revise building -related permit fees in
order to ensure that fees reflect changes in the types of permits issued, more accurately recover
costs associated with permit issuance, to remain consistent with surrounding jurisdictions, and to
correct inconsistencies and errors; and
WHEREAS, the City Council finds it necessary to revise the City fee schedule upon
review of the fee table.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Fee Schedule. The City of Federal Way hereby adopts the 2019 Fee Schedule
as attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for
fees associated with the various licenses, permit processes, and other business activities of the
City.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
Resolution No. 18- Page 2 of 13
Section 5. Effective Date. The fee schedule adopted by this resolution shall be effective
January 1, 2019. An act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this th day of November, 2018.
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. 18- Page 3 of 13
EXHIBIT A
2019 FEE SCHEDULE
TYPE OF FEE 2018 2019
Fee Fee
SECTION ONE. ANIMAL LICENSE AND OTHER FEES. (PD)
Unaltered Cat license per year $60 $60
Unaltered Dog license per year $60 $60
Juvenile Cat/Dog Under 6 months of age (6 month expiration) $10 $10
Altered Cat:
$80
$80
Altered Cat license for one year
$20
$20
Altered Cat license for two year
$35
$35
Altered Cat license for three year
$50
$50
Altered Dog:
$4,500
$4,500
Altered Dog license for one year
$25
$25
Altered Dog license for two year
$45
$45
Altered Dog license for three year
$65
$65
Permanent License (owners 65 years of age and older) - if Altered
No Fee
No Fee
Permanent License (disabled) - if Altered
No Fee
No Fee
Other Fees:
$15
$15
Replacement Tag
$2
$2
Impound Redemption:
First Impound
$25
$25
Second Impound (mandatory spay/neuter)
$50
$50
Third Impound
$75
$75
24 Hour Retention
$10/day
$10/day
Additional License Fee (for unlicensed dogs/cats impounded)
$50
$50
Hobby Kennel/Hobby Cattery (Plus each individual animal must be licensed)
$50
$50
Penalties:
Less than 30 days renewal fee
$10
$10
30 - 60 days late renewal fee
$20
$20
Over 60 days late renewal fee
$25
$25
No refund due to pet moving out of the area, or lost pet. The Manager may authorize a refund collected in error.
SECTION TWO. BUSINESS REGISTRATION (FI)
General Business Registration:
New Business and renewals, all categories unless otherwise identified herein.
New Business Registrations and Renewals:
General Commercial Businesses to include, 2nd Hand Dealer, Dance Hall, Massage Parlor, Gambling (+ $50 per device up to 6), Restaurants
0-10 Employees
$80
$80
11-25 Employees
$125
$125
26-50 Employees
$250
$250
51-100 Employees
$1,500
$1,500
101-500 Employees
$4,500
$4,500
501-1000 Employees
$9,500
$9,500
Outside Contractor
$80
$80
Home Occupation
$50
$50
Temporary Business Registraton
$50
$50
Right of Way
$43
$43
Duplicate Registration (replacement)
$15
$15
Specialty License:
Second Hand Dealer
Pawnbroker License
Commercial Public Storage:
1 to 100 units
101 to 500 units
501 to 1000 units
1001 units and above
Rental Housing:
Habitable Unit Fees
2 to 10 units
11 to 50 units
51 units and above
Housing complex that also separately rent out non -habitable units like garage, enclosed storage, will also be required to pay for non -habitable unit fees.
Non -habitable Unit Fees
1 to 100 units
101 to 500 units
Resolution No. 18 -
See General Business
Registration + $80
See General Business
500 Registration + $500
$5,000
$7.000
$10.000
$15.000
$160
$350
$650
$5,000
$7,000
Page 4 of 13
TYPE OF FEE 2018 2019
Fee Fee
SECTION TWO. BUSINESS REGISTRATION. (FI) (continued)
Public Bathhouse:
1. Public Bathhouse Business
2. Bathhouse Attendant per attendant in addition to Business Registration fee
3. Bathhouse Manager per manager in addition to Business Registration fee
Public Bath House Proration: The entire annual license fee shall be paid for the applicable calendar year regardless of when the
application for license is made and shall not be prorated for any part of the year except that if the original application for license is
made renewals shall be required to be obtained and paid in full by January 31 of each respective year. subsequent to June 30 the
license fee for the remainder of that year shall be one-half of the annual license fee. Annual license
Renewal
Late Penalty:
Failure to pay any registration fee due within 30 days after the day on which it is due and payable shall result in a penalty of five percent
or $5.00, whichever is higher, on the amount of the registration fee, and an additional penalty of five percent or $5.00, whichever is
higher, for each succeeding month of delinquency or part thereof, but shall not exceed a total penalty of $25.00 or 25 percent of the
amount of such registration fee, whichever is higher.
SECTION THREE. CONSTRUCTION PERMITS (CD)
PERMIT FEES
A. BUILDING
See General Business Registration
$80 $80
$80 $80
See below See below
Per FWCC 12.05.060(7)
The Building, Mechanical, Plumbing, and Sign Permit fees are calculated by applying Valuation Table A to the value of the work proposed. The valuation should
include the typical construction methods for foundation work, structural and nonstructural building components, and interior finish material. The value of the work
shall be determined by using Building Value Data as published and further updated by the International Code Council or by submission of a written project bid
subject to approval by the Building Official.
VALUATION TABLE A
Total Project Valuation Base
Incremental Factor
$1.00 - $1,000.00 $67.57
N/A
$1,000.01 - $2,000.00 $67.57 for first $1,000, plus
$5.10 for each additional $100.00 or fraction thereof, to and including $2,000.00.
$2,000.01 - $25,000.00 $118.57 for first $2,000, plus
$25.42 for each additional $1,000.00 or fraction thereof, to and including $25,000.00.
$25,000.01 - $50,000.00 $703.23 for first $25,000, plus
$18.11 for each additional $1,000.00 or fraction thereof, to and including $50,000.00.
$50,000.01 - $100,000.00 $1,155.98 for first $50,000, plus
$12.26 for each additional $1,000.00 or fraction thereof, to and including $100,000.00.
$100,000.01 - $500,000.00 $1,768.98 for first $100,000, plus
$9.94 for each additional $1,000.00 or fraction thereof, to and including$500,000.00.
$500,000.01 - $1,000,000.00 $5,744.98 for first $500,000, plus
$8.17 for each additional $1,000.00 or fraction thereof, to and including$1,000,000.00.
$1,000,000.01 and u $9,829.98 for first $1,000,000, plus
$6.43 for each additional $1,000.00 or fraction thereof.
Note: Additional fees will apply to a permit, as noted here:
All development permits are charged an automation fee. See Section Three, I for details.
All building permits are charged an SBCC surcharge. See Section Three, I for details.
Some building permits require plan review. See Section Three, G for details.
Some building permits require plumbing fees. See Section Three, D for details.
Some building permits require mechanical fees. See Section Three, C for details.
Some building permits require a digitizing fee. See Section Three, I for details.
Some building permits require an impact fee. See Section Thirteen for details.
Some building permits require zoning review. See Section Seven, B for details.
Some building permits require a South King Fire fee. See Section Five for details.
B. DEMOLITION
Permit Fee is based on total project demolition valuation. See Section Three, A, Valuation Table A to calculate fees.
C. MECHANICAL
General permit fees are based on total installation valuation. See Section Three, A, Valuation Table A to calculate fees.
Permit and plan review fees for a New Single -Family Residence is a flat fee of $397 $411
D. PLUMBING
General permit fees are based on total installation valuation. See Section Three, A, Valuation Table A to calculate fees.
Permit and plan review fees for a New Single -Family Residence is a flat fee of $397 $411
E. ELECTRICAL
Permit fee is based on total installation valuation. Use Valuation Table B to calculate electrical permit fees.
VALUATION TABLE B
Total Project Valuation Base
Incremental Factor
$1.00 - $1,000.00 $72.61
N/A
$1,000.01 - $2,000.00 $72.61 for first $1,000, plus
$5.48 for each additional $100.00 or fraction thereof, to and including $2,000.00.
$2,000.01 - $25,000.00 $127.41 for first $2,000, plus
$27.32 for each additional $1,000.00 or fraction thereof. to and including $25,000.00.
$25,000.01 - $50,000.00 $755.77 for first $25,000, plus
$19.47 for each additional $1,000.00 or fraction thereof, to and including $50,000.00.
$50,000.01 - $100,000.00 $1,242.52 for first $50,000, plus
$13.18 for each additional $1,000.00 or fraction thereof, to and including $100,000.00.
$100,000.01 - $500,000.00 $1,901.52 for first $100.000. plus
$10.67 for each additional $1,000.00 or fraction thereof, to and including$500,000.00.
$500,000.01 - $1,000,000.00 $6,169.52 for first $500,000, plus$8.79
for each additional $1,000.00 or fraction thereof, to and including$1,000.000.00.
$1,000,000.01 and u $10,564.52 for first $1,000,000, plus
$6.91 for each additional $1,000.00 or fraction thereof.
Resolution No. 18- Page 5 of 13
TYPE OF FEE
2018 2019
$214
Fee Fee
$32
$33
SECTION THREE. CONSTRUCTION PERMITS (CD) (continued)
$47
F. SIGN
Digitizing for commercial and multi -family plans submitted and permits issued
(1) Permanent sign.
$140
Permit fee is based on total construction installation valuation. See Section Three, A, Valuation Table A to calculate fee.
$70
The total permit fee' for electrical signs includes an electrical connection fee, as follows:
Single-family solar panel / system permit fee
First sign
$69 $71
Each additional sign on same application
$32 $33
The total permit fee' includes a per sign planning surcharge, as follows:
Abandoned Shopping Cart Salvage fee
First sign
$51 $53
Each additional sign on same application
$19 $20
Note 1. Fee is based on actual hourly personnel costs.
For each residential unit after the first unit on the same permit.
(2) Temporary sign. Note: temporary signs are by separate permit.
$2
Permit fee
$48 $49
G. PLAN REVIEW FEES
For each residential unit after the first unit on the same permit.
The specked plan review fees are separate from and in addition to the permit fees and are collected at application submittal.
$2
Building permit: 65% of the building permit fee
Mechanical permit: 65% of the mechanical permit fee
Plumbing permit: 65% of the plumbing permit fee
Sign permit: 65% of the sign permit fee
Electrical permit: 65% of the electrical permit fee
Commercial building permits ONLY: 15% of permit fee goes to South King Fire & Rescue plan review
Additional plan review required by changes / additions / revisions to plans, per hour or portion thereof'
$69 $71
Outside consultant plan review.
[Any private or public professional services contract needed will be billed 100%, plus 10% billing and administrative charges.]
Note 1. Fee is based on actual hourly personnel costs.
Note: Fire prevention system plan review fees are found in Section Five. Fire Code -Annual Permits fee section.
H. ADDITIONAL OR SPECIAL INSPECTIONS
The following fees are separate from and in addition to the permit fees and are collected in advance of work performed.
1. Reinspection (second and subsequent reinspections) (Hourly Rate)
$69 $71
2. Inspections for which no fee is specifically indicated (1 -hour minimum) (Hourly Rate)
$103 $107
3. Inspections outside of normal business hours (4 -hour minimum) (Hourly Rate)
$103 $107
4. Inspections performed by outside consultants. [Any private or public professional services contract needed will be billed 100%, plus
Note: 1. Fee is based on actual hourly personnel costs.
SECTION THREE. CONSTRUCTION PERMITS (CD) (continued)
I. MISCELLANEOUS PERMIT -RELATED FEES
Adult family home facility inspection (3 hour minimum, Hourly Rate)
$207
$214
Automation Fee (applies to all land use & development permits), Fee is the greater of $33 or 3% of the permit fee.
$32
$33
Digitizing for single-family plans submitted and permit issued
$47
$47
Digitizing for commercial and multi -family plans submitted and permits issued
$140
$140
Over -The -Counter (OTC) permit review
$70
$73
Single-family solar panel / system permit fee
$284
$294
Abandoned Shopping Cart Impound fee
$25
Abandoned Shopping Cart Salvage fee
$25
State Building Code Council (SBCC) surcharge for Residential Building Permits
$6.50
$6.50
For each residential unit after the first unit on the same permit.
$2
$2
State Building Code Council (SBCC) surcharge for Commercial Building Permits
$25
$25
For each residential unit after the first unit on the same permit.
$2
$2
Note: 1. Fee is based on actual houdy personnel costs
J.REFUNDS
Permit applications: The Building Official may authorize the refunding of not more than 80% of the permit plan review fees paid, provided the applicant presents a written request to
withdraw the application prior to the commencement of staff review. The automation fees are non-refundable. [ NOTE: The Building Official does not have purview over another
department's or jurisdiction's fees. Please apply for other potential refunds separately, if applicable.]
Issued permits: The Building Official may authorize the refunding of not more than 80% of other, non -plan review -related building permit fees paid, provided the applicant presents a
written request to cancel the permit prior to the commencement of any construction work covered by the permit and/or prior to the completion of any inspections by City staff. The
automation fees are non-refundable. [ NOTE: The Building Official does not have purview over another department's or jurisdiction's fees. Please apply for other potential refunds
separately, if applicable.]
K. PENALTIES
Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit may be required to pay double the permit fee fixed by
this section for such work. Such double permit fee shall be in additional to any penalty for a violation of the provisions of this Code.
Resolution No. 18- Page 6 of 13
TYPE OF FEE
2018
Fee
2019
Fee
1st and 2nd false alarms in a registration year (July 1 - June 30)
Free
Free
SECTION FOUR. FALSE ALARMS. (EMS)
$75
$75
False Alarm Fee
$150
$150
Burglary
$225
$225
1st and 2nd false alarms in a registration year (July 1 - June 30)
Free
Free
3rd false alarms in a registration year (July 1 - June 30), each alarm
$50
$50
4th false alarms in a registration year (July 1 - June 30), each alarm
$100
$100
5th false alarms in a registration year (July 1 - June 30), each alarm
$150
$150
6th and successive false alarms in a registration year (July 1 - June 30), each alarm
$200
$200
Robbery
1st and 2nd false alarms in a registration year (July 1 - June 30)
Free
Free
3rd false alarms in a registration year (July 1 - June 30), each alarm
$75
$75
4th false alarms in a registration year (July 1 - June 30), each alarm
$150
$150
5th false alarms in a registration year (July 1 - June 30), each alarm
$225
$225
6th and successive false alarms in a registration year (July 1 - June 30), each alarm
$300
$300
Registration Fee
$25
$25
Late Registration Fee Penalty
$50
$50
Late False Alarm Payment Penalty
$25
$25
Appeal Hearing Cancellation Fee
$10
$10
SECTION FIVE. FIRE CODE -ANNUAL PERMITS AND REVIEW. (FIRE)
15% of Building Permit Fee
Fire Department Review and Inspection of Building Permits
with min $77.25
Fire Prevention System Permits
Permit Fee (based on valuation)
Per IBC Section 108.2
Plan Review Fee
65% of FP Permit Fee
Outside Consultant plan review
Actual cost
Actual cost
Additional plan review required by changes/additions/revisions to plan, per hour or portion thereof
$57.78/hr
$57.78/hr
Note: City retains $20.00 of total fee for processing
SECTION SIX. FIREWORKS. (FIRE)
Public Display Permit (together with $100.00 cash bond)
$100
$100
SECTION SEVEN. LAND USE. (CD)
A. PRINCIPAL LAND USE AND SUBDIVISION -RELATED FEES:
Administrative Determination / Code Interpretation
$684
$709
Boundary Line Adjustment, Plus:
$1,368
$1,417
Fire Review @ 5%
$68
$71
Public Works Review
$763
$855
Binding Site Plan, Plus:
$3,420
$3,543
Fire Review @ 5%
$171
$177
Public Works Review
$1,350
$1,514
Change of Use
$342
$354
Forest Practices Permit
$684
$709
Flood Plain Permit
$684
$709
Lot Line Elimination
$547
$566
Plat, Preliminary, Plus:
$6,840
$7,086
Per Acre Fee
$90
$93
Fire Review @ 5%
$342
$354
Public Works Review Base fee
$3,868
$4,338
Plus per acre fee
$74
$167
Plat, Final, Plus:
$4,514
$4.677
Public Works Review
$1,621
$1,820
Plat, Short 2-4 lots, Plus:
$3,420
$3.543
Per lot
$88
$91
Fire Review @ 5%
$171
$171
Public Works Review
$1,339
$1.500
Plat, Short 5 - 9 lots, Plus:
$4,446
$4,606
Per lot
$88
$91
Fire Review @ 5%
$222
$230
Public Works Review
$1,339
$1,500
Pre -Application Meeting
$519
$538
Process I - Director's Approval for interpretations
$684
$709
Process I - Other minor site review
$1,710
$1,772
Resolution No. 18-
Page 7 of 13
TYPE OF FEE -"
Fee Fee
SECTION SEVEN. LAND USE. (CD) (continued)
$2,614
$2.708_
Process 2 - Site Plan Review [Base Land Use Fee], Plus:
$3,078
$3.189
over 25,000 sqR
$390
$404
over 50,000 sqft
$683
$708
over 100,000 sgft
$978
$1.013
Fire Review @ 5%
$154
$160
Public Works Review Base Fee, Plus:
$1,271
$1,425
Over 25,000 sqR
$300
$334
Over 50,000 sqR
$600
$668
Over 100,000 sgft
$899
$1.008
Process 3 - Project Approval [Base Land Use Fee], Plus:
$4,104
$4,252
over 25,000 sqR
$390
$404
over 50,000 sgft
$683
$708
over 100,000 sqR
$976
$1,011
Fire Review @ 5%
$205
$212
Public Works Review Base Fee, Plus:
$1,271
$1,425
Over 25,000 sqR
$300
$334
Over 50,000 sqR
$600
$668
Over 100,000 sqR
$899
$1,008
Process 3 - Applications (for radio tower & antenna structures for use by amateur radio operators
$167
$334
required by FWRC 19.110.60(3), Plus:
$192
$199
Fire Review @ 5%
$10
$10
Process 3 - Administrative Variances
$4,104
$4.252
Public Works Review
$149
$334
Process 4 - Hearing Examiner's Decision, [Base Land Use Fee], Plus:
$2,614
$2.708_
Fire Review @ 5%
$131
$136
Public Works Review
$1,799
$2.004
Process 4 - Hearing Examiner Variance [Base Land Use Fee], Plus:
$3,672
$3.804
Public Works Review
$450
$504
Process 5 - Quasi -Judicial Rezones [Base Land Use Fee], Plus:
From one RS designation to another RS designation
$6,840
$7.086
Per Acre
$488
$506
Maximum
$21,484
$22,257
From one RM designation to another RM designation
$1,269
$1,315
Per Acre
$1,563
$1,619
Maximum
$33,984
$35.207
Process 5 - Comprehensive Plan Amendments [Base Land Use Fee], Plus:
$3,420
$3,543
Per Acre
$97
$100
Process 6 - Comprehensive Plan Amendments [Base Land Use Fee], Plus:
$2,941
$3,047
Per Acre
$97
$100
Public Notice Fee (for each required published notice)
$164
$170
SEPA City Center Planned Action, Plus:
$684
$709
Fire Review Fee @ 5%
$34
$35
Public Works Review
$167
$334
SEPA Environmental Checklist Only, Plus:
$2,052
$2.126
Fire Review Fee @ 5%
$103
$107
Public Works Review
$614
$668
SEPA Checklist as Part of Project, Plus:
$2.052
$2,126
Fire Review Fee @ 5%
$103
$107
Public Works Review
$375
$420
Shoreline Permit, [Base Land Use Fee], Plus:
$3,078
$3,189
over $15,000 value
$782
$810
over $50,000 value
$2,344
$2.428
over $100,000 value
$4,297
$4,452
over $500,000 value
$8,594
$8,903
over $1,000,000 value
$12,889
_ _ $13,353
Public Works Review
$1,349
$1,503
Shoreline Conditional Use Permit, Plus:
$6,840
$7,086.00
Public Works Review
$2,500
$2,839
Shoreline (Exemption Determination)
$342
$354
Shoreline Variance, Plus:
$6,840
$7,086
Public Works Review
$1,874
$2,100
Temporary Use Permit
$136
$141
Tree Removal Request
$136
$141
Zoning Compliance Review -- Change of Use
$342
$354
Resolution No. 18-
Page 8 of 13
TYPE OF FEE
2018
2019
Fee
Fee
Maps, Plats, Miscellaneous
Cost + 10% Cost + 10%
Photocopies, Black and White Per Page
SECTION SEVEN. LAND USE. (CD) (continued)
Photocopies, Color Per Page
Per RCW 42.56 as amended
Zoning Verification
$136
$141
B. MISCELLANEOUS LAND USE FEES:
E Size Rolled Plan Copies, Per Sheet
Per RCW 42.56 as amended
Accessory Dwelling Units (1 hour minimum)
$479
$496
Appeals
$1,094
$1,133
Appeal of Administrative Decision
$193
Passport Application
Automation fee (Applies to all Land Use and Development permits)
$32
$33
In -Home Day Care Facilities:
$1 $1
Bound Printed Documents
12 or fewer attendees
$58
$60
Miscellaneous Zoning/Subdivision Fees
8 1/2 by 11 - Paper - Color
Extension requests and general zoning/subdivision review not otherwise covered by this schedule" (1 -hour minimum)
$109.00/hr
$114.00/hr
Zoning inquiries and determinations
$113
$117
Historic Designation Review
$59
$61
Notes:
$4 $4
11 by 17 - Mylar - Color
1. Appeal Fee shall be reimbursed in the event the reviewing authority determines that the appellant has substantially prevailed in the
11 by 17 - Mylar - Black & White
$5 $5
2. The fire district administrative review fee in an amount equal to 5% of the land use fee imposed is charged and collected by the City
$10 $10
Up to 34 by 44 - Paper - Black & White
3. Additional fees will be required to pay for any time spent on Land Use Applications by the Department of Public Works above the
Up to 34 by 44 - Mylar - Color
$37 $37
4. Fee is based on estimated hourly staff costs.
$31 $31
3% Floppy Disk or CD ROM (per disk/CD)
C. REFUNDS OF LAND USE FEES.
Maps that require extensive processing time or require additional ink and plotting supplies will be charged at a higher rate.
The Filing Fees as set forth in the Fee Schedule for the City are established to defray the cost of posting and processing and the
Staff Time to Complete Request, Per Hour
proceedings in connection with a land use application. The Director of Community Development may authorize the refunding of not
Computer Usage, Per Hour
$15 $15
more than 80% of the total application fees paid provided the applicant presents a written request to withdraw or cancel the application.
The refund amount shall be determined at the Director's discretion and be based on the amount of staff resources utilized at the time
of the request.
D. MULTIPLE FEES
When multiple land use fees are required for the same project, the highest fee shall be charged at full cost and each additional fee shall
be charged at 25% of listed cost. Exceptions: 1) If a land use permit is required in conjunction with a subdivision application (preliminary
plat, short subdivision or binding site plan), full fees for both types of permit shall be charged. 2) SEPA fees shall be charged at the full
rate shown.
SECTION EIGHT. MISCELLANEOUS. (MAYOR)
Miscellaneous Review, Inspection or other Activity (Land Use, Public Works & Building Permit Services):
Any public works, land use or building permit -related review, inspection or other activity not covered by the fee schedule, if performed
Maps, Plats, Miscellaneous
Cost + 10% Cost + 10%
Photocopies, Black and White Per Page
Per RCW 42.56 as amended
Photocopies, Color Per Page
Per RCW 42.56 as amended
Scanning Per Page
Per RCW 42.56 as amended
D Size Rolled Plan Copies, Per Sheet
Per RCW 42.56 as amended
E Size Rolled Plan Copies, Per Sheet
Per RCW 42.56 as amended
Audio Duplication, Per CD
Per RCW 42.56 as amended
Video Duplication, Per DVD
Per RCW 42.56 as amended
Notary Public Service, Per document
$10 $10
Clerk's Certification
$10 $10
Passport Application
$25 $25
Facsimile Usage (incoming/outgoing) 1st Page
$3 $3
each additional page
$1 $1
Bound Printed Documents
Actual Cost Actual Cost
Non -sufficient Funds Fee
$25 $25
GIS Map and Data Requests:"
8 1/2 by 11 - Paper - Color
$4 $4
8 1/2 by 11 - Paper - Black & White
$3 $3
8 1/2 by 11 - Mylar - Color
$5 $5
8 1/2 by 11 - Mylar - Black & White
$4 $4
11 by 17 - Paper - Color
$5 $5
11 by 17 - Paper - Black & White
$4 $4
11 by 17 - Mylar - Color
$6 $6
11 by 17 - Mylar - Black & White
$5 $5
Up to 34 by 44 - Paper - Color
$10 $10
Up to 34 by 44 - Paper - Black & White
$7 $7
Up to 34 by 44 - Mylar - Color
$37 $37
Up to 34 by 44 - Mylar - Black & White
$31 $31
3% Floppy Disk or CD ROM (per disk/CD)
$2 $2
Maps that require extensive processing time or require additional ink and plotting supplies will be charged at a higher rate.
Applicable sales tax will be added to the costs
Staff Time to Complete Request, Per Hour
$35 $35
Computer Usage, Per Hour
$15 $15
Note: Staff time and computer usage will only be charged on requests for custom products.
Resolution No. 18- Page 9 of 13
TYPE OF FEE
2018
Fee
2019
Fee
2. Building moving into or within City
$144
$334
SECTION NINE. PARK AND CITY FACILITY USE FEES. (PARKS)
$210
$334
Steel Lake Picnic Rentals & Special Events
$144
$167
Picnic Rentals
Monday - Sunday
$863
$1.045
Reservations are from 10:00 am - 3:00 pm and 4:00 pm - 9:00 pm with a Full Day option of 10:00 am to 9:00 pm
$144
$167
#1 Steel Lake Park (Site #1) and Town Square Park
Part Day
$150
$160
Full Day
$270
$290
#2 Steel Lake (Site #s 2-5), Adelaide, Laurelwood, Palisades, Sacajawea, and other requested sites (with City approval)
$139
$167
Part Day
$90
$95
Full Day
$160
$170
*Note: Groups over 120 require a Special Events Permits and subject to a different fee schedule and requirements.
$173
$207
Special Events
$173
$276
First three hours (3 hour minimum)
$210
$210
Hourly rate after first 3 hours
$70
$70
Damage Deposit
$500
$500
Refundable if no damage on-site
$209
$250
Additional charges on ALL permits/reservations:
$1,669
$2,003
City -supplied additional tables
$15 each per day
$15 each per day
City -supplied additional trash cans
$5 each per day
$5 each per day
Electricity
$50 per day
$50 per day
Stage
$500 per day
$500 per day
'New stage with canopy
$139
$1,000 per day
City Hall Room Rentals
$115
$138
Council Chambers (per hour)
$60
$60
Non -Council Chamber Meeting Rooms (per hour)
$30
$30
SECTION TEN. PUBLIC WORKS. (PW)
$1,669
$1,721
A. Building Moving and Oversize/Overweight vehicle Permit
1. Building moving through City
$144
$334
2. Building moving into or within City
$144
$334
Pre -move inspection, the higher of actual cost or
$210
$334
3. Oversize/overweight vehicle permit
$144
$167
B. Street and/or Easement Vacation Application
1-300 lineal feet
$863
$1.045
every 100 lineal feet thereafter, per 100 LF
$144
$167
C. Right -of -Way Use Permit, includes 1 inspection
1. Individual single family homeowner applications
$281
$305
2. All other applications
$533
$620
3. Supplement plan review fee for any and all permits, per hour
$139
$167
4. Supplement construction inspection for any and all permits, per hour
$115
$138
5. Inspection outside of normal business hours (at standard Inspection rate times 1.5)
$173
$207
6. Weekend, holiday, and emergency call out inspection (4 hours minimum)
$173
$207
7. Re -inspection
$173
$276
8. Job start penalty fee
$200
$250
D. Right -of -Way Code Variance Request, plus recording fee •
$278
$334
E. Development Review Fee
1. Single Family
$209
$250
2. Short Subdivisions Construction Plans (Includes submission & 1 resubmission)
$1,669
$2,003
a. Supplemental plan review/construction service fee, per hour (for additional resubmission)
$139
$167
b. Construction Inspection Fee, per hour
$115
$138
3. Subdivisions and Commercial/Industrial Developments
$2,503
$3.004
Construction Plans (Includes submission & 1 resubmission)
a. Supplemental plan review/construction service fee, per hour
$139
$167
b. Construction Inspection Fee, per hour
$115
$138
F. Concurrency
Trips generated:
If less than 10 trips
$1,669
$1,721
If between 10 and 50 trips
$4,790
$4,938
If between 50 and 500 trips
$8,760
$9.032
If greater than 500 trips
$14,044
$14,479
G. Miscellaneous Public Works Permits and Services (Same fee structure under SectionNine/Miscellaneous Fees)
" Recording Fee per chapter 36.198.010 RCW and as amended and K.C. Code 1.12.120 and as amended
SECTION ELEVEN. RIGHT-OF-WAY ACTIVITY. (FI)
Right of Way Activity Permit Fee
SECTION TWELVE. TAXICABS.
Pursuant to King County Fee Schedule
$42.50 $42.50
Resolution No. 18- Page 10 of 13
TYPE OF FEE 2018 2019
SECTION THIRTEEN. IMPACT MITIGATION.
Commerical - Services
School Impact Fee (FWPS RESOLUTION #2018-09):
Drive-in Bank per sf/GFA
Single Family Residences, per dwelling unit
$6,842
$7,221.00
Plus City Administrative Fee @ 5%
$342
$361.00
Multi -Family Residences, per dewlling unit
$20,086
$19,454.00
Plus City Administrative Fee @ 5%
$1,004
$973.00
Mixed -Use Residential in accordance with Ordinance No. 95-249
$10,043
$9,72700
Plus City Administrative Fee @ 5%
$502
$486.00
-Ordinance No. 14-757 provides 50% reduced school impact fee within City Center Zone.***
Post Office per sf/GFA
$16
Traffic Impact Fee (PW):
Service Station per VFP
Land Use
$10,65900
A. Residential
Single Family (Detached) per dwelling
Multi -Family per dwelling
Senior Housing per dwelling
Mobile Home in MH Park per dwelling
$3,875 $3.999.00
$2,514 $2.593.00
$951 $981.00
$1,811 $1,867.00
B.
Commerical - Services
Drive-in Bank per sf/GFA
$25
$26.26
Hotel per room
$2,588
$2,667.00
Motel per room
$2,061
$2,125.00
Day Care Center per sf/GFA
$20
$21.12
Library per sf/GFA
$10
$10.52
Post Office per sf/GFA
$16
$16.02
Service Station per VFP
$10,339
$10,65900
Service Station with Minimart per sf/GFA
$54
$55.96
Auto Care Center per sf/GLA
$6
$5.88
Movie Theater per seat
$149
$154.67
Health Club per sf/GFA
$9
$9.28
C.
Commercial - Institutional
Elementary School per sf/GFA
$2
$1.86
Middle/Jr High School per sf/GFA
$3
$291
High School per sf/GFA
$3
$3.24
Assisted Living, Nursing Home per bed
$675
$696.00
Church per sf/GFA
$2
$230
Hospital per sf/GFA
$4
$4 12
D.
Commercial - Restaurant
Restaurant per sf/GFA
$17
$17.27
High Turnover Restaurant per sf/GFA
$17
$17.39
Fast Food Restaurant per sf/GFA
$37
$38.25
Espresso with Drive -Through per sf/GFA
$33
$33.91
SECTION THIRTEEN. IMPACT MITIGATION. (continued)
E.
Commercial - Retail Shopping
Shopping Center per sf/GLA
$6
$6.43
Supermarket per sf/GFA
$18
$18.69
Convenience Market per sf/GFA
$34
$34.65
Free Standing Discount Store per sf/GFA
$8
$776
Hardware/Paint Store per sf/GFA
$4
$3.72
Specialty Retail Center per sf/GFA
$3
$260
Furniture Store per sf/GFA
$1
$0.52
Home Improvement Superstore per sf/GFA
$4
$3.94
Pharmacy with Drive -Through per sf/GFA
$10
$9.94
Car Sales - New/Used per sf/GFA
$9
$9.37
F.
Commercial - Office
General Office per sf/GFA
$6
$6.06
Medical Office per sf/GFA
$11
$11.73
G.
Industrial
Light Industry/Manufacturing per sf/GFA
$4
$4.39
Heavy Industry per sf/GFA
$3
$3.07
Industrial Park per sf/GFA
$4
$3.89
Mini-Warehouse/Storage per sf/GFA
$1
$1.18
Warehousing per sf/GFA
$1
$1.45
City Center Impact Fee Rates
A.
Residential
Multi -Family (CC) per dwelling
$1,811
$1,867.00
Senior Housing (CC) per dwelling
$685
$706.00
Resolution No. 18- Page 11 of 13
TYPE OF FEE 2018 2019
SECTION THIRTEEN. IMPACT MITIGATION. (FWPS RESOLUTION #2016.10) (continued)
2019 Monthly No Contract
Monthly 1 yr
B. Commercial - Services
Full Payment 1 yr
A. Resident
Drive-in Bank (CC) per sf/GFA
$18
$18,38
Day Care Center (CC) per sf/GFA
$14
$14.79
Library (CC) per sf/GFA
$35
$378
Post Office (CC) per sf/GFA
$11
$1111 . 2222
Movie Theater (CC) per seat
$105
$108,27
Health Club (CC) per sf/GFA
$6
$6.49
C. Commercial -Restaurant
Restaurant (CC) per sf/GFA
$12 $12.09
High Turnover Restaurant (CC) per sf/GFA $12 $12.17
Fast Food Restaurant (CC) per sf/GFA
$26 $26.77
D. Commercial - Retail Shopping
2019 Monthly No Contract
Monthly 1 yr
Shopping Center (CC) per sf/GLA
Full Payment 1 yr
A. Resident
Supermarket (CC) per sf/GFA
$$3
$$3.08
Pharmacy with Drive -Through (CC) per sf/GFA
$7
$6.96
E. Commercial - Office
$35
$378
General Office (CC) per sf/GFA
$4
$3.64
Medical Office (CC) per sf/GFA
$7
$7.04
GFA = Gross Floor Area
$30
$30
GLA = Gross Leasable Area
Single - Senior (62+)
$35
CC = City Center
$30
$324
For uses with Unit of Measure in sF, trip rate is given as trips per 1,000 sF
$67
$55
VFP = Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
$594
Household of 2 Seniors (62+)
Note: City Administrative fee of 3% will be added to the total Traffic Impact Fees charged.
$45
$45
SECTION FOURTEEN. PUBLIC SAFETY. (PD)
Household of 3
$75
Photocopies, Black and White Per Page
$0.15
$0.15
Photocopies, Color Per Page
$0.25
$0.25
Scanning Per Page
$0.15
$0.15
Photograph Duplication (from film)
$73
$2 per photo/$10 min
Video Duplication, Per DVD
$25
$25
Digital Image Duplication, Per CD
$10
$10
Fingerprint Card
$91
$10 1st/ $3 ea add'I
Concealed Pistol License - Fees may change pursuant to State of Washington Firearms fee schedule
$853
Household of 8
Concealed Pistol License - New
$48
$48
Concealed Pistol License - Renewal
$32
$32
Concealed Pistol License - Duplicate/Reissuance
$10
$10
Lamination
$5
$5
Concealed Pistol License Late Renewal Fee
$10
$10
Traffic School (including Police and Court costs)
$175
$175
SECTION FIFTEEN. COMMUNITY CENTER MEMBERSHIP FEES. (PARKS)
Single - Youth (3-11)
$30
C. Corporate Membership Plan (Mobile Pass) M -F 10:00 am - 6:00 pm $25
Resolution No. 18- Page 12 of 13
2019 Monthly No Contract
Monthly 1 yr
Monthly 1 yr-
Full Payment 1 yr
A. Resident
Contract
Contract
Contract
Single - Adult (18-61)
$42
$35
$35
$378
Single - Youth (3-11)
$27
$22
$22
$238
Single - Teen (12-17)
$35
$30
$30
$324
Single - Senior (62+)
$35
$30
$30
$324
Household of 2
$67
$55
$55
$594
Household of 2 Seniors (62+)
$55
$45
$45
$485
Household of 3
$75
$63
$63
$680
Household of 4
$80
$68
$68
$735
Household of 5
$85
$73
$73
$790
Household of 6
$88
$76
$76
$820
Household of 7
$91
$79
$79
$853
Household of 8
$94
$82
$82
$885
' Low Income Rate is 75
B. Non -Resident
Single - Adult (18-61)
$47
$40
$40
$432
Single - Youth (3-11)
$30
$25
$25
$269
Single - Teen (12-17)
$40
$35
$35
$378
Single - Senior (62+)
$40
$35
$35
$378
Household of 2
$72
$60
$60
$648
Household of 2 Seniors (62+)
$60
$50
$50
$540
Household of 3
$80
$68
$68
$735
Household of 4
$85
$73
$73
$790
Household of 5
$90
$78
$78
$843
Household of 6
$93
$81
$81
$875
Household of 7
$96
$84
$84
$907
Household of 8
$99
$87
$87
$940
'Low Income is 75%
C. Corporate Membership Plan (Mobile Pass) M -F 10:00 am - 6:00 pm $25
Resolution No. 18- Page 12 of 13
TYPE OF FEE
SECTION FIFTEEN. COMMUNITY CENTER MEMBERSHIP FEES (PARKS) Continued
D. Room Rental Fees Rental Period
Resident
Non•Resident
Community Full Room All Day
$1.995
$2,200
4 - 8 hours
$1,365
$1.575
Per hour (2 hr min.)
$395
$450
Two Room Combo 4 - 8 hours
$1,000
$1,155
Per hour (2 hr min.)
$260
$300
One Room 4 - 8 hours
$500
$575
Per hour (2 hrs min.)
$160
$185
Forest Lounge 4 - 8 hours
$480
$550
Per hour (2 hr min.)
$160
$185
Maple Room 4 - 8 hours
$300
$350
Per hour (2 hr min.)
$75
$95
Wedding Package
$1,750
$1,950
Banquet hall (4 - 8 hrs), Linens, Bridal Room (4 hrs), and Set-up
Custom Set-up fee (1 room $75, 2 rooms $125, 3 room $175)
Kitchen with room rental (preferred caterer)
$25/hr
$25/hr
Kitchen with room rental (non -preferred caterer) $200 base fee
$25/hr
$25/hr
E. Damage Deposit fee
Full or 2/3rd room
$500
$500
1 Room or Maple Room
$250
$250
SECTION SIXTEEN. IT TECHNOLOGY FEES. (IT)
In order to accommodate the high cost and need to continually replace telecommunications, data, network, hardware, and software systems caused by a continuous and rapidly changing
technology environment, the technology fees shall be applied to the following transactions:
A. Business License Fees: A fee of one dollar ($1) per business license transaction unless the business is exempt from payment of the business license fee.
B. Parks and Recreation Fees: A fee of one dollar ($1) per transaction for each registration for any parks and recreation program. For the
purposes of this subsection, "transaction" shall
mean the process of collecting and receipting fees and charges in the form of cash, check, or credit card payment for programs, services, or miscellaneous resale items offered by the parks
and recreation department. The fee shall not apply to the following:
1. The fee shall not apply to registrations or transactions with a total cost less than ten dollars ($10);
2. The fee shall not apply to drop-in transactions (such as, for example and without limitation (1) time payment for use of the weight room at Community Center).
C. For all other applications, permits, inspections, registrations, transactions, and approvals established under the Federal Way Revised City Code, the fee shall be established by council
resolution.
Resolution No. 18- Page 13 of 13
7b
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: INDEMNIFICATION OF CITY EMPLOYEES PURSUANT TO FWRC 2.05.
POLICY QUESTION: Should the City Council indemnify Officers Durell, Losvar, and Pau for all damages that
have been or may be awarded against them in Hunter vs. City of Federal Way and Estate of Hernandez vs. City
of Federal Way, respectively.
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ryan Call, City Attorney DEPT: Law
....... .. I............ .. ............ ......_... _..
Federal Way Revised Code ("FWRC") 2.05 requires indemnification of employees where the acts at issue
were performed within the scope of employment and the employee cooperates with the defense.
The mere fact that an employee is at the workplace and/or during working hours does not mean that their
activity is within the scope of employment. However, in both of these matters the police department has
determined that the officers' conduct was within policy and the scope of their duties.
Options Considered:
(1) Approve the indemnification of Officers Durell, Losvar and Pau.
(2) Deny the indemnification of Officers Durell, Losvar and Pau.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
Committee Council
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
DIRECTOR APPROVAL: k1
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: `7 move to indemnify Officers Kris Durell, Blake Losvar and Tanner Pau for
all damages that have been or may be awarded in the Hunter and Estate of Hernandez lawsuits. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 12/2017 RESOLUTION #
SUBJECT: ORDINANCE: ABANDONED SHOPPING CARTS
POLICY QUESTION: Should the City amend the Federal Way Revised Code (FWRC) by adding definitions and
a new chapter regulating abandoned shopping carts?
COMMITTEE: LUTC
MEETING DATE: Nov 5, 2018
CATEGORY:
❑ Consent ® Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution
❑ Other
STAFF REPORT BY: Brian Davis, Director
...._.................................................._............................_................................................_........................................................................................................................................................._._............................................................................................................................................................
DEPT: Com11 munity Development
Attachments: Staff Report
Memo and Infographic
Ordinance
Options Considered:
1) Approve the Mayor's Recommendation;
2) Approve the Mayor's Recommendation as further amended by LUTC; or
3) Do not adopt the Mayor's Recommendation,
.......................... ........................................................................................................................ --- ..... ....................... ....... .......................................................... ... ................................................. _................... ............................................................................ ........
MAYOR'S RECOMMEN TION: "I move to forward Option 1 to the City Council for approval. "
MAYOR APPROVAL: t� j� D ECTOR APPROVAL:
Conn tee Council / Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on November 20,
2018.
Chair Hoang Tran, Member Jesse Johnson, Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (November 20, 2018): "I move to forward approval of the ordinance to the
December 4, 2018, Council Meeting for enactment. "
SECOND READING OF ORDINANCE (December 4,2018): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERK'9'OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL # VY r
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 30, 2018
TO: Land Use and Transportation Committee
FROM: Brian Davis, Community Development Director
SUBJECT: Abandoned Shopping Cart Ordinance
The City for many years has provided a retrieval service of abandoned shopping carts for free. The work
was afforded through a volunteer program comprised of retired police officers and city equipment. The
age of the volunteers coupled with the amount of work has far exceeded the ability of the City to continue
the program.
Unfortunately, shopping carts are being left abandoned across the City at increased numbers which has
become an issue of blight and public safety. The proposed ordinance establishes incentives for retailers to
prevent shopping carts from leaving their property, and it imposes fines when shopping carts are retrieved
by the City and when left unclaimed. The attached infographic on the next two pages explains the process
as follows:
1. The City picks up abandoned shopping carts in rights-of-way, city -owned properties, and private
properties (when permitted).
2. The City takes the carts to a recovery location, likely the Brooklake Park property at 356th S and
Pacific Highway.
3. The City contacts the retailers of the retrieved carts, informing them the carts will be held for 14
days.
4. Retailers may pick up their abandoned carts. A $25 impound fee per cart is charged to the retailer.
5. Unclaimed carts after 14 days are recycled by the City with an additional $25 fee per cart charged
to the retailer.
The proposed ordinance was drafted after input from retailers over two meetings and based on research of
neighboring city ordinances related to abandoned shopping carts.
SHOPPING CART
RECOVERY
EDERAL WAY. WA
L]
For years, the City of Federal Way has tackled the problem of abandoned shopping carts. For nearly ten years,
volunteers with the Federal Way Police Department have provided the free cart removal service. In its first year,
2010, the team removed over 1200 abandoned carts. This year, they are on track to remove 2000.
On average, the volunteer team removes about 300 shopping carts per month. Shopping carts can cost between
575-400. It is estimated that the volunteer -based program has saved retailers about 52.25 million over the
course of eight years.
With the recent retirement of the volunteers, the City must now begin to funnel the abandoned carts removal
service. The infographic below illustrates the future steps that will be taken to recover the abandoned shopping
ca rts.
CITY GATH ERS
0 CARTS
The City of Federal Way will pick up
abandoned shopping carts along
rights-of-way, City -owned properties, and,
when given permission, private properties.
CARTS TAKEN TO
RECOVERY
LOCATION
Once gathered, the City takes the carts to a
recovery location. 0
CITY CONTACTS
RETAILERS
The City contacts the retailers of the
abandoned carts and informs each retailer
that the City will hold the carts for 14 days.
RETAILERS
CLAIM CARTS
Retailers may pick up their abandoned
carts, but will be charged a $25 per cart
fee. 0
UNCLAIMED
CARTS ARE
SALVAGED
If carts are not retrieved by the retailer, the
City takes them to a salvage yard where for
disposal, and an additional $25 per cart fee
will be imposed.
CONTACT
To report an abandoned shopping cart, contact the
City of Federal Way Community Development Department
Phone: (253) 835-2617, orthrough the City's website:
cityoffederalway.comr'page,'code compliance -request -farm
ORDINANCE NO. 18 -
AN ORDINANCE of the City of Federal Way, Washington, relating to
shopping cart regulation; amending FWRC 07.03.020 and 07.03.040, and
adding new Chapter 07.25 FWRC. (Amending Ordinance Nos. 09-596;
10-669; and 12-715)
WHEREAS, Article XI, Section 11 of the Washington State Constitution authorizes the City
Council to make all local police and other regulations as long as they do not conflict with general
state laws; and
WHEREAS, RCW 35A.11.020 authorizes the City Council to adopt and enforce ordinances
regulating municipal affairs and impose penalties not exceeding five thousand dollars; and
WHEREAS, the City Council has enacted the City's ordinances, some of which are set forth
in the Federal Way Revised Code including Chapter 7, which identifies public nuisances; and
WHEREAS, retail businesses provide shopping carts for the convenience of customers
shopping on the premises of the businesses; and
WHEREAS, a shopping cart that has been removed from the premises of the business and
left abandoned on public or private property throughout the City constitutes a potential hazard to the
health and safety of the public; and
WHEREAS, shopping carts abandoned on public or private property contribute to conditions
of blight in the community and reduced property values; and
WHEREAS, shopping carts abandoned on public or private property can obstruct free access
to sidewalks, streets and other rights-of-way, interfere with pedestrian and vehicular traffic on
pathways, driveways, public and private streets, and impede emergency services.
Ordinance No. 18- Page 1 of 6
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The foregoing recitals are adopted as findings of the City Council.
Section 2. Section 7.03.020 of the Federal Way Revised Code is hereby amended by adding
the following definitions in alphabetical order:
"Abandoned shopping cart" means any shopping cart made available for customers to use
that has been removed from the retail establishment's premises, without the owner's written consent,
and is located on either public or private property.
"Director" means the director of the Community Development Department or a person
designated by the director of the Community Development Department.
"Shopping cart" means a basket mounted on wheels or a similar device of the type generally
used in a retail establishment by a customer for the purpose of transporting goods of any kind.
Section 3. Section 7.03.040 of the Federal Way Revised Code is hereby amended by adding
subsection (2 1) to read as follows:
(21) Causing or allowing any shopping cart to be abandoned on either public or private
property.
Section 4. A new chapter of the Federal Way Revised Code is hereby created, Chapter 7.25,
to read as follows:
Ordinance No. 18- Page 2 of 6
Chapter 7.25
ABANDONED SHOPPING CARTS
7.25.10 Purpose and Applicability
(1) A purpose of this chapter is to provide for the prompt retrieval of lost, stolen or abandoned
shopping carts in order to promote public safety and improve the image and appearance of the City.
It is a further purpose of this chapter to have the owners and operators of businesses providing
shopping carts use the means available to them to deter, prevent or mitigate the removal of shopping
carts from their business premises, and to retrieve any carts that may be removed despite these
efforts. It is a further purpose of this chapter to prevent the illegal removal of shopping carts from the
business premises, to prevent the continued possession of illegally removed carts, and to prevent the
accumulation of illegally removed carts on public or private properties.
(2) Applicability: This chapter shall apply to all shopping carts in the City of Federal Way.
7.25.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Unless defined otherwise here, the definitions of FWRC 1.05.020 shall control.
"Owner" means the owner or retailer identified by an identification sign on a shopping cart or, in
relation to a shopping cart without an identification sign, the retail establishment that makes
available that shopping cart for customers to use.
"Retail Establishment" means any business that makes available shopping carts for customers of the
business to use regardless of whether such business is advertised or operated as a retail or wholesale
business, and regardless of whether such business is open to the general public, is a private club or
business, or is a membership store.
7.25.030 Identification Signs.
Each shopping cart offered or provided for customers to use shall have an identification sign affixed
to it in accordance with RCW 9A.56.270(2), as now enacted or hereafter amended.
Ordinance No. 18- Page 3 of 6
7.25.040 Impoundment and Fees.
(1) Impoundment of Shopping Carts: The City may immediately impound an abandoned shopping
cart on private land within the city with the consent of the party in possession of the land and may
immediately impound an abandoned shopping cart on public land within the city.
(2) Notification: The City shall notify the owner of each impounded shopping cart in writing if the
shopping cart has an identification sign as required by FWRC 7.25.030. The Director may establish
by rule a process for owners to register a preferred method of notification. If delivered by U.S. mail,
the notice shall be deemed to have been received 3 days after mailing.
The notice shall state the amount of the impound fee and that the owner has 14 days from the date of
receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is not
retrieved within 14 days, the City may dispose of the shopping cart.
(3) Impound Fee: The City shall charge a shopping cart impound fee to the owner of each abandoned
shopping cart impounded by the City, unless the fee is eligible for waiver. Each shopping cart
impounded by the City shall constitute a separate violation. The shopping cart impound fee shall be
per the fee schedule maintained by the City Clerk.
(4) Fee Waivers: The City shall waive the impound fee for up to three impounded shopping carts
within any calendar month owned by any retail establishment that, prior to the impoundment, has
implemented security measures as defined in FWRC 7.25.050. The City shall waive no impound fees
for a particular retail establishment in a calendar month if four or more shopping carts from that
retail establishment are impounded within that calendar month.
7.25.050 Security Measures.
(1) Security measures are methods to prevent removal of shopping carts from or to return them to the
premises of the retail establishment including, but not limited to:
(a) Electronically -activated self -braking wheels; or
(b) Poles mounted to shopping carts or other physical barriers that prevent removing the
shopping carts from the interior of the retail establishment; or
Ordinance No. 18- Page 4 of 6
(c) Utilization of a shopping cart patrol and retrieval company who recovers shopping carts
on behalf of the retail business within a two mile radius of the contracting retail establishment no
fewer than two times per week; or
(d) Security personnel dedicated to cart control and retention; or
(e) Other measures deemed appropriate and effective by the Director.
7.25.060 Disposition of Unclaimed Shopping Carts.
The City may summarily dispose of shopping carts impounded by the City that are either not
retrieved within 14 days following the receipt of notification or without an identification sign. If the
City disposes of a shopping cart, the City may assess the owner with a disposal fee in addition to the
impoundment fee. The shopping cart disposal fee shall be per the fee schedule maintained by the
City Clerk.
Section 5. Impound and Disposal Fees. The shopping cart impound fee is set at $25 until
the fee schedule maintained by the City Clerk is updated to include a shopping cart impound fee.
The shopping cart disposal fee is set at $25 until the fee schedule maintained by the City Clerk is
updated to include a shopping cart disposal fee.
Section 6. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, 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 ordinance 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 ordinance 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 7. 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
Ordinance No. 18- Page 5 of 6
scrivener's or clerical errors, references, ordinance numbering, section or subsection numbers,
and any references thereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 9. Effective Date. This ordinance shall take effect 30 days after its passage and
publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
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. 18- Page 6 of 6
SUBJECT: ORDINANCE: COMPLETE STREETS POLICY REVISIONS
POLICY QUESTION: Should the City Council approve the ordinance to update and strengthen the Complete
Streets policy in FWRC 19.135.205?
COMMITTEE: Land Use & Transportation Committee MEETING DATE: Nov. 5, 2018
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Erik Preston, Senior Traffic Engineer DEPT: Public Works
...................... ......................................................................................................................................... ........................ .................................................................................
......................................................................................................._.....................................
Attachments: Staff Report
Ordinance
Options Considered:
1. Approve the Ordinance and forward to the November 20, 2018 City Council meeting for first reading.
2. Reject the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
IN
MAYOR APPROVAL: O'-2co DIRECTOR APPROVAL:
Committee Council Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on November 20,
2018.
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (NOVEMBER 20, 2018): "1 move to forward approval of the proposed
ordinance to the December 4, 2018 Council Meetingfor enactment. "
SECOND READING OF ORDINANCE (DECEMBER 4,2018): "1 move approval of the proposed ordinance.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #��
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 5, 2018
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor y�
FROM: E. J. Walsh, P.E., Director of Public Works
Erik Preston P.E., Senior Traffic Engineer��
SUBJECT: Ordinance: Complete Streets Policy Revisions
FINANCIAL IMPACTS:
There are no direct financial impacts to City budgets from the policy revision. The policy revision may
impact future projects, but each project budget will be impacted differently (if at all) and those impacts
will be determined during the planning and scoping of each project. Funding requirements for operations
and maintenance of infrastructure is reviewed and adjusted as required during the budget process.
BACKGROUND:
The City first created a Complete Streets Policy (FWRC 19.135.205) in 2012, adopted by Ordinance 12-
718. The purpose of the Complete Streets Policy is to assure that facilities will be provided for roadway
users of all ages and abilities and that appropriate accommodations are made for bicyclists, pedestrians,
transit users, motorists, passengers, and freight movement.
The current policy allows exceptions to be granted relatively easily within the Public Works Department
with no public process or notice. Recently grant funding agencies have recognized that such policies are
ineffective in creating the type of complete streets we desire, ones that are safe and accessible for all
users, particularly non -motorized modes. Increasingly, grant funding agencies have begun to require that
jurisdictions have stronger complete streets policies in place in order to receive grant funding from some
funding sources for non -motorized improvement projects.
Strengthening the City's Complete Streets Policy will allow the City to be more eligible to receive grant
funds and therefore build more sidewalks, bike lanes, shoulder walkways and other non -motorized
facilities currently listed on the TIP and CII'. The proposed policy update better defines the City's vision
and intent for Complete Streets by showing a commitment in all project phases, including project
selection and policy implementation. The proposal also creates well-defined, clear, and accountable
exceptions that require high-level approval.
Approval of this updated complete streets ordinance would allow the City to submit nomination forms to
local non-profit organizations so they can nominate the City for a Complete Streets Award from the
Transportation Improvement Board (TIB) before the December 14, 2018 cutoff. If approved by TIB, City
staff would create a complete streets work plan with TIB in January/February 2019. Awards range
between $100,000 and $1,000,000 and may be available as soon as March 2019.
cc: Project File
Day File
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to Complete Streets policy revisions to build streets for all users and
travel modes; amending FWRC 19.135.205. (Amending Ordinance
No. 12-718)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state
and federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt a revised Complete
Streets policy which provides stronger development regulations for the accommodation of
pedestrians, bicyclists, and transit users of all ages and abilities, as well as motorists, passengers,
and freight within the City of Federal Way; and
WHEREAS, complete streets are designed to provide safe access to users of all ages and
abilities, including pedestrians, bicyclists, transit users, motorists, passengers, and freight; and
WHEREAS, the goal of the complete streets program is to: (1) promote the health and
fitness of the Federal Way community by encouraging walking, cycling, and the use of public
transit; (2) improve safety by scoping, planning, and designing arterials to include features such
as wider sidewalks, dedicated multi -use pathways, dedicated bicycle facilities, medians, and
Ordinance No. 18- Page I of 9
streetscape features; and (3) protect the environment and reduce congestion by providing safe
alternatives to single occupancy driving; and
WHEREAS, walking and cycling enhances physical and mental health through physical
activity, helps reduce obesity, and helps to reduce air pollution; and
WHEREAS, Federal Way's Comprehensive Plan Transportation Element goals include
providing a connected system of pedestrian and bicycle facilities that are integrated into a
coordinated regional network as well as providing for an enhanced high capacity transit system;
and
WHEREAS, Federal Way's Comprehensive Plan Transportation Element policies
support increased access to non -motorized and alternative modes of transportation and
emphasize transportation safety and efficiency; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the Proposal on September 7, 2018, and no comments or appeals were received and
the DNS was finalized on October 12, 2018; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on October 24, 2018; and
WHEREAS, due to absences of three of the seven Planning Commissioners, the four
Planning Commissioners in attendance voted three to one in favor of recommending adoption of
the code amendments; and
WHEREAS, FWRC 19.80.240(1)(a) requires a majority vote of the entire membership of
the Planning Commission to recommend that the City Council adopt the code amendments; and
WHEREAS, a majority of the entire membership of the Planning Commission did not
recommend that the City Council should adopt the code amendments; and
Ordinance No. 18- Page 2 of 9
WHEREAS, pursuant to FWRC 19.80.240(1)(c), the code amendments were sent to the
Land Use & Transportation Committee of the Federal Way City Council without a Planning
Commission recommendation; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on November 5, 2018, and recommended adoption of the text
amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by reinforcing the city's commitment to ensuring
infrastructure improvements are made with the consideration for safe and convenient
travel for all modes of transportation..
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC
and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Ordinance No. 18- Page 3 of 9
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement,
the following Federal Way Comprehensive Plan goals and policies:
TPU Reduce reliance on drive alone trips by prioritizing and implementing
supportive local -level transit, high -occupancy vehicle (HOV), and non -motorized
improvements.
TP1.5 Enhance mobility using the existing footprint of the roadway and
technological advancements. When widening roadways, impacts to non -motorized
users and transit vehicles and passengers should be minimized.
TP1.10 Coordinate with transit agencies to provide convenient non -motorized
access to transit facilities.
TP2.3 Prioritize transportation projects considering concurrency, safety,
multimodal enhancements, environmental impacts, and cost effectiveness.
TP2.4 Assure cost-effective maintenance of transportation facilities under the
City's jurisdiction, including non -motorized facilities.
TP3.8 Encourage non -motorized improvements that minimize the need for
residents to use motorized modes by extending the existing non -motorized system
and providing:
1. Access to activity centers and schools;
2. Linkage to transit, park & ride lots, and school bus networks;
3. Completion of planned pedestrian/jogging or bicycle trails;
4. Designating a network of streets that can safely and efficiently accommodate
bicycles; and
5. Extend sidewalks to all streets.
TP3.10 Provide a one -mile grid of bicycle facilities connecting major activity
centers, recreational facilities, and schools.
TP3.11 Incorporate pedestrian and bicycle features as design elements in the City
Center as reflected in the Federal Way Comprehensive Plan Vision and City Center
Street Design Guidelines.
Ordinance No. 18- Page 4 of 9
TP3.12 Include sufficient area in rights-of-way for bike lanes, sidewalks, and
landscaped medians to provide separation from motorized traffic. Use landscaped
medians to separate opposing traffic when safety and aesthetic purposes dictate the
need.
TP3.17 Coordinate development of the non -motorized system with surrounding
jurisdictions and regional system extensions.
TP4.4 Protect existing and acquire future right-of-way consistent with functional
classification cross-section (transit, rail, bike, and pedestrian) needs.
TP4.7 Enhance the viability of regional and local transit service by establishing
design standards for streets that move transit, pedestrian, and cyclists in the City
Center.
TP5.8 Encourage the provision of a robust transportation alternative rich
environment so that all members of the community, including those with
transportation disadvantages, have viable travel options or alternatives.
(b) The proposed FWRC amendment bears a substantial relationship to the public health,
safety, and welfare because it ensures that transportation improvements consider the safety
and mobility of all modes of travel, and the varying abilities of citizens to move throughout
the community safely and easily on foot and bicycle.
(c) The proposed amendment is in the best interest of the public and the residents of the
City of Federal Way because complete streets are focused on the safe and convenient
movement of people using all modes of travel. Complete streets also support
economic development as access to commercial areas and between neighborhoods
and commercial areas is enhanced with greater emphasis on connectivity. Livability is
improved as it becomes easier to move about the community.
Ordinance No. 18- Page 5 of 9
Section 3. FWRC 19.135.205 is hereby amended to read as follows:
19.135.205 Complete Streets.
(1) Complete Streets Policy. The city of Federal Way will plan for, design, and construct all new
and retrofitted transportation projects to provide reasonable and appropriate accommodation for
pedestrians, bicyclists, and transit passengers users of all ages and abilities, as well as *,,
buses, and automobiles motorists, passengers, emergency responders, and freight, with a goal of
street connectivity that creates a comprehensive, integrated, connected network for all modes
because all users of the network are legitimate and equally deserving of safe facilities.
(2) "Complete Street" means a road that is designed to be safe and accessible for motorists,
bicyclists school and public transit users freight emergency responders and pedestrians of all
ages and abilities. The complete street policy focuses not just on changing individual roads but
on changing the decision-making process so that all users are routinely considered during the
scoping, planning, design, construction, operation, and maintenance of all roadways.
"Complete streets infrastructure" means design features that contribute to a safe, convenient, or
comfortable travel experience for users including but not limited to features such as: sidewalks;
shared use paths; bicycle lanes; automobile lanes; paved shoulders; street trees and landscaping;
planter strips; curbs; accessible curb ramps; bulb outs; crosswalks; refugee islands; pedestrian and
traffic signals including countdown and accessible signals; signage; street furniture; bicycle
parking facilities; mini -roundabouts; traffic calming devices such as speed humps and traffic
circles, and surface treatments such as paving blocks and textured pavement; narrow vehicle
lanes; and raised medians.
(3) The City of Federal WE shall incorporate complete streets infrastructure into the
Transportation Element of the City's Comprehensive Plan ADA Transition Plan, Public Works
Development Standards Parks and Recreational Master Plan and all other plans, manuals, rules,
regulations, and programs as feasible and appropriate.
(4) The City of Federal Way will foster partnerships with all Washington State transportation
funding agencies including the Washington State Department of Transportation, the
Transportation Improvement Board the Federal Highway Administration, King County, Federal
Way School District, citizens, businesses, interest groups, neighborhoods, and any funding
agency to implement Federal Way's complete streets policy.
Ordinance No. 18- Page 6 of 9
(5) The Public Works Director, or their designee, shall modify, develop, and adopt policies,
design criteria standards and guidelines based upon recognized best practices in street design,
construction, and operations, including but not limited to the latest editions of the American
Association of State Transportation Officials and Institute of Transportation Engineers guidelines
and standards, while reflecting the context and character of the surrounding built and natural
environment and enhancingthe he appearance of such.
(26) Exceptions. Facilities for bicyclists, pedestrians, transit users and/or persons of all ages and
abilities are ne4 required to be provided in new construction retrofit or reconstruction projects,
except in any of the following extraordinary circumstances:
(a) When -e establishment would be entr- ,-y to publ e safety The project involves a roadway
on which non -motorized use is prohibited by law. In this case an effort shall be made to
accommodate pedestrians and bicyclists elsewhere, including on roadways that cross or
otherwise intersect with the affected roadway; or
(b) Where there is no identified current or long-term need, as established in eity plans and
futu.o trm,el demand (node s; or
(c)
lveffiefits at either- end, fesulting in little progfess on implementing multi m
networks as set fet4h in the tfaaspoi4atien chapter- of the Federal Way Compfehensive Plan;
Where the cost of accommodation is excessively disproportionate to the need or probable
use,• apd/or
(d) Where routine maintenance and repair of the transportation network is performed that
does not change the roadway geometry or operations, such as mowing, sweeping, spot
repair, surface treatments, re -paving, pavement overlay, or interim measures; or
Ordinance No. 18- Page 7 of 9
(e) Where emergency repairs require an immediate, rapid response; however, temporary
accommodations for all modes should still be made. Depending on the severityof the
repairs, opportunities to improve multimodal access should still be made; or
(f) Where a reasonable and equivalent project along the same corridor is already
programmed to provide facilities exempted from the project at hand.
Any exception to this policy for public projects requires documentation and supporting data to be
approved by the City Council upon review and recommendation from the Land Use and
Transportation Committee. Supporting documents and data for all requested exemptions shall be
madeup blicly available. Exceptions to this policy, as outlined above, may be granted by the
Public Works Director for private development projects in response to a modification, deferment,
or waiver request under FWRC 19.135.070. Supporting documents and data for all suchrg anted
exceptions shall be made publicly available with ability for public comment.
Section 4. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 18- __ Page 8 of 9
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
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. 18- Page 9 of 9
ire
COUNCIL MEETING DATE: November 20, 2018 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: 2019-20 BIENNIAL BUDGET
POLICY QUESTION: SHOULD THE CITY COUNCIL ADOPT THE 2019-20 BIENNIAL BUDGET?
COMMITTEE: N/A MEETING DATE:
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ade Ariwoola. Finance Director DEPT: Finance
Attachments: Ordinance
Summary/Background: The Mayor submitted the City's proposed 2019-20 Budget to the City Council for
consideration on September 4, 2018. The City Council held public meetings on September 26 and 27,
October 2, 23, 30, and November 6, and 20, 2018 to review and deliberate on the proposed budget. Formal
public hearings were held on November 6, and 20, 2018, to allow for citizen comment on the Mayor's
Proposed Budget.
Options Considered:
1. Approve the adoption of the 2019-20 Biennial Budget.
2. Den approval of the 20.19-20 Biennial Budget and provide direction to staff.
........... ......... ......... y ......P.. ............ ..............
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: <C DIRECTOR APPROVAL:
• Co ttee Council Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (NOVEMBER 20, 2018): "1 move to forward approval of the ordinance to the
December 4, 2018 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (DECEMBER 4,2018): "1 move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
Q
1-3APPROVEDCOUNCIL
,n,p—�n
BILL # C4 1� 1
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 12/2017
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
budgets and finance, adopting the 2019-2020 Biennial Budget.
WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the
2019-2020 fiscal biennium have been prepared and fled on September 4, 2018 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 meetings on September
26, September 27, October 2, October 23, and October 30, and public hearings on November 6, and
November 20, 2018, and having considered the public comments presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. 2019-20 Biennial Budget. That the budget for the 2019-2020 biennium is hereby
adopted in the amounts and for the purposes as shown on the attached Exhibit A ("2019-2020
Proposed Budgets").
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 phrase
of this ordinance, 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 ordinance
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 ordinance and each section, subsection, sentence,
Ordinance No. 18- Page 1 of 3
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
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
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. 18- Page 2 of 3
EXHIBIT A
2019-2020 Adopted Budget
Ordinance No. 18- Page 3 of 3
2019
2020
Ending Fund
Beginning
Beginning
Fund
Fund Balance
Revenue
Expenditure
Fund Balance
Revenue
Expenditure
Balance
General Fund
$ 9,846,023 $
51,422,493
$ 52,124,459
$ 9,144,057
$ 52,410,625
$ 52,554,454
$ 9,000,228
Special Revenue Funds:
Street
500,000
4,282,737
4,282,061
500,676
4,313,618
4,313,700
500,594
Arterial Street
100,001
1,548,000
1,515,064
132,937
1,548,000
1,515,065
165,872
Utility Tax
1,500,000
9,642,000
9,642,000
1,500,000
9,687,000
9,687,000
1,500,000
Solid Waste/Recycling
99,880
452,100
491,549
60,431
452,100
494,800
17,731
Special Contract/Studies
140,929
-
13,200
127,729
-
7,000
120,729
Hotel/Motel Lodging Tax
1,048,246
306,000
294,700
1,059,546
306,000
224,700
1,140,846
2% for Arts
-
-
-
0
-
-
-
Community Center
1,563,087
2,327,875
2,312,036
1,578,926
2,252,875
2,331,150
1,500,651
Traffic Safety Fund
1,857,566
3,815,500
4,098,065
1,575,001
3,815,500
4,189,726
1,200,775
Real Estate Excise Tax
3,079,723
3,580,000
3,739,473
2,920,250
3,660,000
4,254,567
2,325,683
Utility Tax Proposition 1
1,000,000.
3,446,375
3,446,375
1,000,000
3,475,246
3,475,246
1,000,000
PAEC Operation
-
1,871,986
1,871,986
0
1,874,324
1,874,324
-
Community Development B
39,874
668,900
692,411
16,363
668,900
685,263
-
Paths and Trails
930,546
169,000
-
1,099,546
169,000
1,268,546
Technology Fund
-
20,000
20,000
20,000
40,000
Strategic Reserve
868,979
2,000
-
870,979
2,000
-
872,979
Parks Reserve
1,253,635
5,000
1,258,635
5,000
1,263,635
Debt Service Fund
2,901,022
1,777,863
2.152.510
2,526,375
1,358,567
2,344,957
1,539,985
Capital Project Funds:
Downtown Redevelopment
1,401,814
1,000,000
-
2,401,814
1,000,000
-
3,401,814
Municipal Facilities
279,730
1,000
-
280,730
1,000
-
281,730
Parks
1,125,480
300,000
1,425,480
0
300,000
300,000
-
Surface Water Management
1,767,612
3,200,000
4,449,000
518,612
1,000,000
1,400,000
118,612
Transportation
7,963,807
6,677,000
13,248,000
1,392,807
4,766,000
4,666,000
1,492,807
Capital Project Reserve
355,610
-
-
355,610
-
-
355,610
Performing Arts and Confer
-
-
-
0
-
Enterprise Fund:
Surface Water Management
2,154,899
4,189,868
5,263,841
1,080,926
4,189,867
4,224,061
1,046,732
Dumas Bay Centre
1,500,000
788,251
685,472
1,602,779
788,251
685,473
1,705,557
Internal Service Funds:
Risk Management
1,200,000
1,166,040
1,453,932
912,108
1,166,040
1,453,932
624,216
Information Technology
2,230,619
3,492,207
2,231,447
3,491,379
2,265,053
2,153,131
3,603,301
Mail & Duplication
135,947
176,915
149,874
162,988
135,947
148,152
150,783
Fleet & Equipment
8,109,549
2,300,644
1,566,924
8,843,269
2,300,644
1,725,993
9,417,920
Buildings & Furnishings
2,492,328
490,355
478,219
2,504,464
490,355
483,088
2,511,731
Health Insurance
1,481,813
4,966,800
5,256,726
1,191,887
4,966,800
5,256,726
901,961
Unemployment Insurance
1 312,328
3,000
50,000
265,328
5,000
20,000
250,328
Grand Total All Funds
$ 59,241,047 $
114,089,909
$ 122,934,804
$ 50,396,152
$ 109,393,712
$ 110,468,508
$ 49,321,357
Ordinance No. 18- Page 3 of 3
SUBJECT: ORDINANCE: 2019 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: N/A MEETING DATE:
CATEGORY:
❑ Consent
❑ City Council Business
STAFF REPORT BY: Ade AI
Attachments: Ordinance
® Ordinance
❑ Resolution
Finance Director
2019 Property Tax Certification
❑ Public Hearing
❑ Other
DEPT: Finance
Summary/Background: The City Council held public meetings on September 26 and 27, October 2, 23, 30, and
public hearings November 6, and 20, 2018 on the proposed 2019-20 Biennial Budget and 2019 proposed
Property Tax Levy. The 2019 proposed Property Tax Levy is based on the 1% 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 $1.133 to approximately $0.97655 per $1,000 of assessed valuation.
Options Considered:
1. Approve the Ordinance.
2. Deny Approval of the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
COMMITTEE RECOMMENDATION: N/A
11 IUY DIRECTOR APPROVAL: 0 Of or
un Initial/Date
Initial/Date
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (NOVEMBER 20, 2018): "I move to forward approval of the ordinance to the
December 4, 2018 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (DECEMBER 4,2018): "1 move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 12/2017
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
fixing the property tax amount for the year of 2019.
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 2019/20 biennium; and
WHEREAS, the City Council, in the course of considering the biennium budget, conducted
public meetings on September 26, September 27, October 2, October 23, and October 30, and public
hearings November 6, and November 20, 2018, for the proposed property tax levy for 2019, 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 2019 for the purpose of
paying expenses and discharge obligations of the City in the amount of Eleven Million Nine
Hundred Thousand Dollars and NO/100 ($11,900,000.00).
Ordinance No. 18- Page 1 of 3
The levy amount includes (1) an increase in property tax revenue from the previous year of
Forty -Nine Thousand Five Hundred and Forty -Eight Dollars and NO/100 ($49,548.00) or point
Forty -Six Hundredth of a percent (0.46%), (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. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, 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 ordinance
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 ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from
and after its passage and publication, as provided by law.
Ordinance No. 18- Page 2 of 3
PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
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. 18- Page 3 of 3
8e
COUNCIL MEETING DATE: November 20 t ;"� ITEM #
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: AMENDING BUSINESS REGISTRATION CODE SECTIONS.
POLICY QUESTION: Should the City of Federal Way amend its code to comply with state law related to the
definition and revenue threshold of what constitutes engaging in business?
COMMITTEE: Finance, Economic Development, and Regional Affairs MEETING DATE: Oct 23, 2018
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Eric Rhoades DEPT: City Attorney's Office
_. ...............
Attachments: Staff Report
Ordinance
Options Considered:
1) Pass the ordinance as proposed.
2) Propose modifications to the proposed ordinance and pass it with modifications.
3) Decline to pass an ordinance.
.......... ...................................................... ....................... ..................... .... ............. .........................._............. .................................._....................... .................................................................. ............__........................................................................................................
MAYOR'S RECOMMENDATION: Option 1
11 -MAYOR APPROV��,C.7'11,
/ S p DIIjECTOR APPROVAL: Ne Iyl u0 m
mute Council 1 Initial/Date
al/Da a Initial/Date
COMMITTEE RECOMMENDATION: 1 move to forward the proposed ordinance to First Reading on November 6,
2018.
(�Z - - A6,,I, oma(
Committee Chair Committee MemAr Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (DATE): "I move to forward approval of the proposed ordinance to the
November 20, 2018 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFF/CE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 12/2017
RESOLUTION #
CITY ATTORNEY'S OFFICE
COUNCIL MEETING STAFF REPORT
DATE: OCTOBER 23, 2018
TO: CITY COUNCIL
VIA: JIM FERRELL, MAYOR
J. RYAN CALL, CITY ATTORNEY
ADE ARI WOOLA, DIRECTOR OF FINANCE
FROM: ERIC RHOADES. ASSISTANT CITY ATTORNEY
SUBJECT: STATE LAW AFFECTING LOCAL BUSINESS REGISTRATION
Financial Impacts:
This ordinance will have negligible impact on the City's direct expenses to implement the
change in the business registration process.
Revenues will be decreased by revising the business registration code provisions but the City
does not have sufficient information to predict the amount. The City's revenue will be reduced to
the extent that any current business registrants located outside the City have gross sales in
Federal Way of $2,000 or less. But the City does not collect gross sales information and so
cannot determine how many businesses fall in this category. There are currently 2,041 registered
businesses outside the City (outside contractors). Businesses with ten or fewer employees
currently pay an annual registration fee of $80. As an example, if 200 of these outside
contractors have gross sales in Federal Way of $2,000 or less, and if those 200 also have ten or
fewer employees, the City's revenue would decrease by 200 registration fees of $80 each or a
total decrease of $16,000. The business registration fees are credited to the Finance Department,
in general fund account 001-0000-000-321-60-001.
Background Information:
In 2017, the State of Washington enacted Laws of 2017, Chapter 209 (attached as Exhibit A),
now codified as Chapter 35.90 RCW. This statute affects the businesses the City may impose a
business license fee on by standardizing the definition of engaging in business and by setting a
minimum business revenue threshold.
The statute provides that, by January 1, 2019, each city that charges a fee for a business license
must adopt model provisions for a gross sales threshold and a definition of "engaging in
business." In response to the legislation, Washington cities, working through the Association of
Washington Cities, formed a model ordinance development committee. The committee
developed the model provisions (attached as Exhibit B). The threshold is $2,000 if the business
does not maintain a place of business within the jurisdiction. The model provisions also include a
lengthy definition of engaging in business that clarifies among other things, that acting as a
customer of businesses within a city does not constitute engaging in business.
The proposed ordinance adopts the mandatory model provisions developed by the Association of
Washington Cities committee. Cities that do not adopt the mandatory model provisions by
January 1, 2019 will no longer be authorized to collect a fee for business registration.
RA
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to business registration within Federal Way; and amending FWRC
12.05.010, 12.05.040, and 12.05.070; and adding new section FWRC
12.05.008. (Amending Ordinance Nos. 91-086, 09-599, 09-600, and 12-
717)
WHEREAS, the City of Federal Way ("City") is a non -charter code city under Title 35A
of the Revised Code of Washington ("RCW"); and
WHEREAS, pursuant to RCW 35A.11.020, the City may adopt and enforce ordinances
of all kinds relating to and regulating its local or municipal affairs and appropriate to the good
government of the city; and
WHEREAS, as required by Washington Laws of 2017, Chapter 209 (Engrossed House
Bill 2005), the model ordinance development committee organized by the Association of
Washington Cities, developed and adopted mandatory model ordinance provisions on general
business license requirements; and
WHEREAS, RCW 35.90.080 requires that a city that imposes a general business license
requirement must adopt the mandatory provisions by January 1, 2019.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 12.05.010 is hereby amended to read:
12.05.010 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires
Ordinance No. 18- Page I of 8
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
. nasre!r�
"Engaging in business" means:
(1) Commencing conducting or continuing in business, and also the exercise of corporate or
franchise powers as well as liquidating a business when the liquidators thereof hold themselves
out to the public as conducting such business.
(2) This section sets forth examples of activities that constitute engaging in business in the City,
and establishes safe harbors for certain of those activities so that a person who meets the criteria
mqy engage in de minimus business activities in the City without having to pay a business
license fee. The activities listed in this section are illustrative only and are not intended to narrow
the definition of "engaging in business" in subsection (1). If an activity is not listed, whether it
constitutes engaging in business in the City shall be determined by considering all the facts and
circumstances and applicable law.
(3) Without being all inclusive, any one of the following activities conducted within the City by
a person, or its employee, agent, representative, independent contractor, broker or another acting
on its behalf constitutes engaging in business and requires a person to register and obtain a
business license.
Ordinance No. 18- Page 2 of 8
(a) Owning renting leasinfz, maintaining, or havingthe he rijzht to use, or using, tangible
personal property, intangible personal property, or real property permanently or
temporarily located in the City.
(b) Owning, renting leasing, using, or maintaining, an office, place of business, or other
establishment in the Ci
(c) Solicitingsales.
ales.
(d) Making repairs or providing maintenance or service to real or tangible personal
property, including warranty work and property maintenance.
(e) Providing technical assistance or service, including quality control, product
inspections, warranty work, or similar services on or in connection with tangible personal
property sold by the person or on its behalf.
(f) Installing, constructing or supervising installation or construction of, real or tangible
personal property.
(g) Soliciting, negotiating, or approving franchise, license, or other similar agreements.
(h) Collecting current or delinquent accounts.
(i) Picking up and transporting tangible personal property, solid waste, construction
debris, or excavated materials.
Providing disinfecting and pest control services, employment and labor pool services,
home nursing care, janitorial services, appraising, landscape architectural services,
security system services, surveying and real estate services including the listing of homes
and managing real property.
Ordinance No. 18- Page 3 of 8
(k) Rendering,_ professional services such as those provided by accountants architects,
attorneys auctioneers consultants engineers professional athletes barbers baseball
clubs and other sports organizations chemists consultants psychologists court reporters,
dentists doctors detectives laboratory operators, teachers, veterinarians.
(1) Meeting with customers or potential customers even when no sales or orders are
solicited at the meetings.
(m) Training or recruiting agents, representatives independent contractors, brokers or
others domiciled or operating on a job in the City, acting on its behalf, or for customers
or potential customers.
(n) Investigating resolving or otherwise assisting in resolving customer complaints.
(o) In-store stocking or manipulating products or goods, sold to and owned by a
customer, regardless of where sale and delivery of the goods took place.
(p) Delivering goods in vehicles owned rented leased, used, or maintained by the person
or another acting on its behalf.
(4) If a person or its employee agent representative independent contractor, broker or another
actin on n the person's behalf, engages in no other activities in or with the City, but the following,
it need not register and obtain a business license.
(a) Meeting with suppliers of goods and services as a customer.
(b) Meeting with government representatives in their official capacity, other than those
performing contracting or purchasing functions.
(c) Attending meetings such as board meetings retreats, seminars, and conferences, or
Ordinance No. 18- Page 4 of 8
other meetings wherein the person does not provide training in connection with tangible
personal property sold by the person or on its behalf. This provision does not apply to any
board of director member or attendee engaging in business such as a member of a board
of directors who attends a board meeting.
(d) Renting tangible or intangible property as a customer when the property is not used in
the City.
(e) Attending, but not participating in a "trade show" or "multiple vendor events".
Persons participating at a trade show shall review the City's trade show or multiple
vendor event ordinances.
(f) Conducting advertising through the mail.
(g) Solicitingsales ales by_phone from a location outside the City.
(5) A seller located outside the City merely delivering goods into the City by means of common
carrier is not required to register and obtain a business license, provided that it engages in no
other business activities in the City. Such activities do not include those in subsection (4).
(6) The City expressly intends that engaging in business include any activity sufficient to
establish nexus for purposes of applying the license fee under the law and the constitutions of the
United States and the State of Washington. Nexus is presumed to continue as long as the
taxpayer benefits from the activity that constituted the original nexus generating contact or
subsequent contacts.
"Premises" means all lands, structures and places, and also any personal property which either is
affixed to, or is used in connection with any such business conducted on such premises.
Ordinance No. 18- Page 5 of 8
Section 2. FWRC 12.05.040 is hereby amended to read as follows:
12.05.040 Business registration.
All hlo persons shall tfansa engaginge in business, trade, prof
^a"inrt ^ etiv y in the city of Federal Way without shall first obtain having bee
issued a proper and current registration, or if applicable, a temporary business registration as
provided in FWRC 12.25.020, in addition to any other required federal, state, local, or city
licenses; unless the person has filed and qualified for exemptions therefrom.
Section 3. FWRC 12.05.070 is hereby amended to read as follows:
12.05.070 Exemptions.
The following shall be required to obtain a registration under this chapter, but shall not be
required to pay any fee:
(1) Business activities carried on by nonprofit organizations, including but not limited to
religious, civic, charitable, benevolent, nonprofit, cultural, or youth organizations.
(2) Any business or activity which is exempt from payment of such fees as prescribed by this
chapter by virtue of applicable provisions of the federal or state constitution or applicable federal
or state statutes shall be exempt from the registration requirement of this chapter.
(3) Any religious society, association or corporation which operates any charitable hospital,
clinic, or institution devoted exclusively to the care or healing of human beings.
(4) Any farmer, gardener or other person who sells, delivers, or peddles any fruit, vegetables,
berries, butter, eggs, fish, milk, poultry, or meats or any farm produce or edibles raised, caught,
produced, or manufactured by such person in any place in this state.
Ordinance No. 18- Page 6 of 8
O Any person or business whose annual value of products, gross proceeds of sales, orrg oss
income of the business in the city is equal to or less than $2,000 and who does not maintain a
place of business within the city.
Section 4. Severability. Should any section, subsection, paragraph, sentence, clause,
phrase, or portion of this ordinance, 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 ordinance 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 ordinance
and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall take effect and be in force beginning
January 1, 2019.
Ordinance No. 18- Page 7 of 8
PASSED by the City Council of the City of Federal Way this day of
2018.
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
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. 18- Page 8 of 8
Exhibit A
CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 2005
Chapter 209, Laws of 2017
65th Legislature
2017 Recadar Session
NUNICIFAI., LiiJSINFSS LICENSING --STATE PARTNERSHIP --TAX APPORTIONMENT
EFFECTIVE LATE: 7/23,`21 17
FRANK CHOPP
Speaker of the House of Representatives
Passed by the Senate April 12, 207
Yeas 49 Nays 0
CYRUS HA.BIB
_................ .........�
President of the Senate
Approved May 5: 2017 10:37, A141
_—........_–......._.--
Governor of the State of Washington
Gley -k of the
H2OUSe of Representatives of the
State of 4ashirq-on, do hereby
certidy that the a:,tached is
ENGROSSED HOUSE BILL 2005 as passu
by house of Representatives and the
Senate on the dates ereori set.
forth..
BERNARD DEP-N
Chief Clerk
Secretary of State
State of Washington
ENGROSSED HOUSE BILL 2005
AS AMENDED BY THE SENATE
Passed Legislature - 2017 Regular Session
State of Washington 65th Legislature 2017 Regular Session
By Representatives Lytton, Nealey, Kagi, and Ormsby
Read first time 02/07/17. Referred to Committee on Finance.
1 AN, ACT Relating to improving the business climate in this state
2 by simplifying the administration of municipal general business
3 licenses; adding a new chapter to Title 35 RCW; and creating a new
4 section.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21.
BE !T ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Niij , A E ci W! i sec. 1. The definitions in this section apply
throughout this chapter unless the context clearly requires
otherwise.
(1) "Business licensing service, - "business licensing system,
and ''business license'' have the same meaning as in RCW 19.02.020.
(2) ''City" means a city, town, or code city.
(3), "Department" means the department of revenue.
(4) "General business license" means a license, not including a
regulatory license or a temporary license, that a city requires all
or most businesses to obtain to conduct business within that city.
(5) "Partner" means the relationship between a city and the
department under which general business licenses are issued and
renewed through the business licensing service in accordance with
chapter 19.02 RCW.
(6) "Regulatory business license" means a license, other than a
general business license, required for certain types of businesses
P. 1 EHB 2005 -SL
1 that a city has determined warrants additional. regulation, such as
2 taxicab or other for -hire vehicle operators, adult entertainment
J businesses, amusement device operators, massage parlors, debt
4 collectors, door -Lo -door sales persons, trade -show operators, and
5 home-based businesses.
6 Nay- sarylgly. Sec. 2. (1) Except as otherwise provided in
subsection (7) of this section, a city that requires a general
business license of any person that engages in business activities
9 within that city must partner with the department to have such
10 license issued, and renewed if the city requires renewal., through the
ii business licensing service in accordance with chapter 19.02 RC41.
12 (a) Except as otherwise provided in subsection (3) of this
13 section, the department must phase in the issuance and renewal of
14 general business licenses of cities that required a general. business
15 license as of July 1, 2017, and are riot already partnering with the
departi-,Aerit, as follows:
17 Between January 1, 2018, and December 31, 2021, the
-
8 department must partner with at least six cities per year;
19 (ii) Between January 1, 2022, and December 31, 2027, the
20 department must partner with the remaining cities; or.
21 (iii) Between July 1, 2017 and -December 31, 2022, the department
22 must partner with all cities requiring a general business license if
23 specific funding for the purposes of tl-,is subsection (iii) is
24 appropriated ..n the omnibus appropriations act.
25 (b) A city that imposes a general business license requirement.
26 and does not partner with the department as of January 1, 2018, may
27 continue to issue and renew its general business licenses until the
28 city partners with the department as provided in subsection (4) of
29 this section.
30 (2) (a) A city that did not require a general business license as
31 of July 1, 2017, but imposes a new general business license
32 requirement after that date must advise the department in writing of
33 its intent to do so at least ninety days before the requirement takes
34 effect.
35 (b) If a city s,,.ib-j'ecr- to (a) of this subsection (2) imposes a new
36 general business I.icense requirement after 'ter july 1, 2017, the
.
37 department, in its sole discretion, may ad -just resources to partner
38 with the imposing city as of the date that the new general business
.119 licensing requirement takes effect. If the department cannot
p. 2 EHB 2005M
resources, the city may issue and renew its general
2 business _.cense until the department is a ble to partner with I �.ne
citV.
4 (3) The department may delay assuming the duties oF issuing and
5 renewing general business licenses beyond the dates provided in
6 subsection (1) (a) of this section if:
(a' insufficient funds are appropriated :or this specific
8 purpose;
9 (b) The department cannot ensure the business licensing system is
10 adequately prepared to handle all general business licenses due to
11 unforeseen -Circumstances;
12 (c) 'Phe depart.�Mellt determines that a delay is necessary to ensure
13 that the transition to i,,iandatcry department issuance and renewal of
14 general business licenses is as seamless as possible; or-
written notice from -a city within
1) (d) The department receives a
16 sixty days of the (date that the department's
city appears -
4 includes an explanation of the
1 biennial partnership plan, which
1.8 fiscal o--- technical challenges causing the city to delay oinina the
ii 9 system. A delay under this subsection (3) (d) may be for no more than
2 three years.
21 (4) (a) in consultation with affected cities and in accordance
- section,
pj or- t 4 1 this sec
22 with the e s) established in subsection I '5) of
.1 -
63 the department must establish a biennial plan for partnering with
, 'es a 0� general business
24 Cjr; to assume the issuance and renewal L
25 licenses as required by this section. The plan must identify the
partner with and the dates targeted
11
26 cites that the department rail;. Dart
4
27 for the department to assume the duties of iss-Uing and reneW..n
g
28 general business licenses.
29 fb) By January 1, 2018, and January 1st of each even-numbered
30 year thereafter, the department must submit the partnering plan
31. required in (a) of this subsection (411 to the governor; legislative
32 fiscal committees; house local government committee; senate
33 agriculture, water, trade and economic development committee; senate
it cities; association of
34 local government committee; affected -
Ci-4 �,,Iashingtcn business; national
35 Washinglon �..es; association of
Washington retail
36 on 0 ndependent business; ana
37 association.
Le department may,
.38 -L
c,l in its sole discretion, alter the plan
39 required in (a) of this subsection (4) with a minimum notice of
40 thirty days to affected cities.
p. 3 EHB 2005.SL
to partner with cities the
Whey eterm-ining the plan tc-
I business licenses as required in
2 ssuance and renewa� -f genera
3 subsection (4) of this section, cities that notified the department
4 of their wish to partner with the department before January 1, 2017,
must be allowed to partner before other cities.
6 1,6) A city that partners with the department for the issuance and
7 renewal of general business licenses through the bu S4ness4 C
-, CTIZ ng
service in accordance with chapter 19.02 RCW may not issue and renew
9 those licenses.
10 117) A city ma,,r decline to partner with the department for the
11 issuance and renewal of a general business license as provided in
12 subsection (1) of this section if the city participates in the online
13 local business license and tax filing portal known as "FileLocal" as
14 of July 1, 2020. For tne purposes of this subsection (7), a city is
15 considered to be a FileLocal participant as of the date that a
16 business may access F-`.leLocal for purposes of applying for or
Y
17 rn
enew-a- that city's general business license and reporting and
13 as—rig tI a L c.-i ry I s local. ri
usiness and accupa t i,:) n taxes. A city that
19 ceases participation in FileLocal. after July 1, 2020, must partner
she issuance arid renewal of its general
with the depart.mer,t for
21. business 'license as provide--'. in subsection fl` of t-1-1-is section.
22 8) By January 1, 2019, and each January ist thereafter through
23 January 1, 2028, the department must submit a. progress,--epo-t to the
k.
24 lecTi.slature. The report required by this sL bsecticil must provide
25 information about the progress of the department's efforts to pa-
rtner
26 with all cities that impose a general business license requirement
27 and include:
28 (a) A list of cities that have pa-rtnered with the department as
29 required in subsection (1) of this section;
30 ib) A list of cities that have not partnered with the department;
31 (c) A list of cities that are scheduled to partner with the
32 department during the upcoming calendar year;
33 (d) A I i s t of cities that have declined to partner with the
311 department as provided. Jir. subsection (7) of this sec--ion;
3S (e) An explanation of lessons learned and any process
36 efficiencies incorporated by the department;
37 (f) Any recommendations to further simplify the issuance and
38 renewal of general business licenses by the department; and
i
,q (g), Any other ,..nforrmation the department considers relevant.
p. 4 EIIB 2005. SL
u
NEW SECTION. Sec. 3. (1) A general business license that must
be issued and renewed through the business licensing service in
3 accordance with chapter 19.02 RCW is subject to the provisions of
4 this section.
5 (2}(a) A city has broad authority to impose a fee sr.ructure as
6 provided by RCW 35.22.280, 35.23,440, and 35A.82.020. However, any
7 fee structure selected by a city must be within the department's
8 technical ability to administer. The department has the sole
9 discretion to determine if it can administer a city's fee structure.
10 (b) if the department is unable to administer a city's fee
11 structure, the city must work with the department to adopt a fee
12 structure that J -s administrable by the department. Tt a city fails to
13 comply with this subsection (2) (b) , it may not enforce its general
14 business licensing requirements on any person until the effective
15 date of a fee structure that is administrable by the department.
16 (3) A general business license may not be renewed more frequently
17 than once per year except that the department may require a more
18 frequent renewal. date as may be necessary to synchronize the renewal
19 date for the general business license with the busincss's business
20' license expiration date.
21 (4) The business licensing system need not accommodate any
22 monetary penalty imposed by a city for failing to obtain or renew a
23 general business license. The penalty imposed in RCW 19.02.035
24 applies to general business licenses that are not renewed by their
25 expiration date.
26 (5) The department may refuse to administer any pro -vision of a
27 city business license oi..-dinance that is inconsistent with this
28 chapter.
is not authorized to
29 Sec. 4. TI -e department
30 enforce a city's licensing laws except to the extent of issuing or
31 renewing a license in accordance with this chapter and chapter 19.02
32 RCW or refusing to issue a license due to an incomplete application,
33 nonpayment of the appropriate fees as indicated by the license
34 application or renewal application, or the nonpayment of any
35 applicable penalty for late renewal.
36 TqFli%l STw-
Sec. Cities whose general business licenses are
37 issued through the business licensing system retain the authority to
-8 set 11 -cense fees, provide exemptions and thresholds for Lhese
P, 5 EHB 2005.SL
I licenses, approve or deny license applicants, and take appropriate
2 administrative actions against licensees.
3 NEW SE" SON. Sec. 6. Cities -nay not require a person to obtain
4 or -renew a general busiriess license unless the person engages in
5 business within its respective city. For the purposes of t h is
6 section, a person -,nay not be considered to be engaging in business
7 w.-L.thin a city unless the person is subject to the taxing jurisdiction
8 of a city under the standards established for interstate commerce
9 under the commerce clause of the United States Constitu 'on.
business license change enacted
10 NEW SECTTOL,�T . Sec. 7. A genera.-:
111 by a city whose general business license is issued through the
12 business licensing system takes effect no sooner --han seventy-five
13 days after the department receives notice of the change if the change
14 affects in any way who must obtain a license, who is exempt from
Is obtaining a license, or the amount or method of determining any fee
16 fc the issuance or renewal of a license.
117 .,SECTION. sec. 8. (a) The cities, working through the
18 association of Washington cities, must form a model ordinance
19 development committee made up of a representative sampling of cities
ID that impose a general business license requirement. This committee
21 must work, through the association of Washington cities to adopt a
22 model ordinance on general bus-Iness license requirements by July 1,
4
2018. The model ordinance and subsequent amendments developed by the
24 comm-----ee must be adopted usill-, a process that includes opportunity
stakeholders and -other members of
2 �or substantial input from business
-ic-ted from business
211 6 the public. Input must be s o _L -L statewide
27 associations and from local chambers of commerce and downtown
28 business associations in cities that require a person that conducts
29 business in the city to obtain a general business license.
30 b) The department, association of Washington cities, and
31 municipalresearch and services center must post copies of, or links
32 to, the model ordinance of their internet web sites. Additionally, a
city
'ness 111 -cense requIrement mus make
'tv
that imposes a general bus.
34 copies of its general business license ordiT.'allce .ter
35 available for inspect -Lon and copying as provided in chapLer 42.56
RCW.
p. 6 EHB 2005.SL
I (c) The definitions in the model ordinance may not be amended
2 more frequently than once every four years, except chat the model
3 ordinance may be amended at any time to comply with changes in state
4 law or court decisions. Any amendment to a mandatory provision Of the
5 model ordinance must be adopted with the same effective date by all
6 cities.
7 (2) A city that imposes a general lousiness license requirement
8 must adopt the mandatory provisions of the model ordinance by january
9 1, 2019, The following provisions are mandatory;
1.0 (a) A definition of "er.gaging in business within the city" for
1.1 purposes of delineating the circumstances under which a general
12 business license is required;
13 (b) A uniform minimuni licensing threshold under which a person
14 would be relieved of the requirement to obtain a city's general
15 business license. j% city retains the authority to create a higher
1.6 threshold for the requirement to obtain a general. business license
13 but must not deviate lower than the level required by the model
is ordinance.
19 (3) (a) A city may require a person that is under the uniform
20 minimum licensing threshold as provided in subsection (2) of this
21 section to obtain a city registration with no fee due to the city.
22 (b-) A city that requires a city 1:eqiqtr-ation as provided in (a)
23 of this subsection must partner with the department -,,o have such
24 registration issued through Lhe business licensing service in
25 accordance with chapter 19.02 RCW, This �--;,,�bscction (b) does ilot
26 apply to a city that A excluded from the requirement to partner with
27 the department for the issuance and renewal ot general business
28 licenses as provided in section 2 of thiiLs acU.
29 see.
cities that impose a general business
9.
30 license must adopt the mandatory provisions of the model ordinance as
31 provided in section 8 of this act january 1., 2019. A city that nas
32 not complied with the requirements of this section by january 1,
33 2019, may not enforce its general. business licensing requirements oil
34 any person -intil t-ne date chat the, mandatory lo-ovisions f c th e 11
35 ordinance take effect within the city.
LiEw SECT"FIC)IIL. Sec. 10. Cities mu s t coordinate with the
37 association Of Washington cit yes to s-ibTmiz a report to the governor;
38 legislative fiscal committees; house local government commit7ee;
p. 7 EHB 2005M
1 the senate agriculture, water, trade and economic development:
2 comm. ttee by January 1, 2019, The report must:
3 (1) Provide information about the model ordinance adopted. by the
4 cities as required in section 8 of this act;
5 (2) identify cities that have and have not adopted the mandatory
6 provisions of the model ordinance; and
7 (3) Incorporate comments from statewide business organizations
8 concerning the process and sulbstance of the model ordinance.
9 Statewide business organizations must be allowed thirty days to
10 submit comments for inclusion in the report.
11 NEW SEC TiON . Sec. 11. (1) The legislature directs cities,
12 towns, and identified business organizations to partner in
13 recommending changes to simplify the two factor apportionment formula
14 provided in RCW 35.102.130.
15 (2) (a) The local business and occupation tax apportionment task
16 force is established. The task force must consist of the following
2.7 seven representatives:
is (i) Three voting representatives selected by the association of
19 Washington cities that are tax managers representing municipalities
20 that impose a local business and occupation tax, including at least
21 one jurisdiction that has performed an audit where apportionment
22 errors were discovered.
23 (ii) Three voting representatives selected by the association of
24 Washington business, including at least one tax practitioner or legal
25 counsel with experience representing business clients during
26 municipal audits that involved. apportionment errors or disputes.
27 (iii) one nonvoting representative from the department.
28 (b) The task force may seek input or collaborate with other.
29 parties, as it deems necessary. The department must serve as the task
30 force chair and must staff the task force.
31 (c) Beginning in the first month following the effective date of
32 this section, the task force must meet no Less frequently than once
33 per month until it reports to the legislature as provided under
34 subsection (3) of this section.
35 (3) By October 31, 2018, the task force established in subsection
36 (2) of this section must prepare a report to the legislature to
37 recommend changes to RCW 35.102.!30 and related sections, as needed,
38 to develop a method for assigning gross receipts to a. local
39 jurisdiction using a market-based model. The task force must focus on
P. 8 EHB 2005.SL
methods that rely on info.i.-mation typically available in commercial
2 transaction receipts and captured by common business reco-dkeep.inq
,
3 systems.
4 (4) The task force terminates January 1, 201.9, unless legislation
5 is enacted to extend such termination date.
NEW SECTION. Sec. 12. Sections 1 through 10 of this act
7 constitute a new chapter in Title 35 RCW.
Passed by the House April 17, 2017.
Passed by the Senate April 12, 2017.
Approved by the Governor May 5, 2017,
FI -Led -in of--"--'ce of Secretary of State May 5, 2017.
--- END ---
P. 9 EHB 2005.SL
Exhibit B
Model Business License Threshold Final Version
June 2018
Model business license threshold options• (cities would adapt one of the options)
1. Threshold Exemption:
To the extent set forth in this section, the following persons and businesses shall be exempt from the
registration, license and/or license fee requirements as outlined in this chapter:
(1) Any person or business whose annual value of products, gross proceeds of sales, or gross
income of the business in the city is equal to or less than $2,000 (or higher threshold as
determined by city) and who does not maintain a place of business within the city shall be
exempt from the general business license requirements in this chapter. The exemption does not
apply to regulatory license requirements or activities that require a specialized permit.
2. Threshold with Fee -free License/Registration-only Option:
For purposes of the license by this chapter, any person or business whose annual value of products,
gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 (or
higher threshold as determined by city) and who does not maintain a place of business within the city,
shall submit a business license registration to the Director or designee. The threshold does not apply to
regulatory license requirements or activities that require a specialized permit.
[City would list this fee -free license in its business license rates section as $0 or no fee.]
Engaging in business model definition:
"Engaging in business"
(1) The term "engaging in business" means commencing, conducting, or continuing in business, and also
the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators
thereof hold themselves out to the public as conducting such business.
(2) This section sets forth examples of activities that constitute engaging in business in the City, and
establishes safe harbors for certain of those activities so that a person who meets the criteria may
engage in de minimus business activities in the City without having to pay a business license fee. The
activities listed in this section are illustrative only and are not intended to narrow the definition of
"engaging in business" in subsection (1). If an activity is not listed, whether it constitutes engaging in
business in the City shall be determined by considering all the facts and circumstances and applicable
law.
(3) Without being all inclusive, any one of the following activities conducted within the City by a person,
or its employee, agent, representative, independent contractor, broker or another acting on its behalf
constitutes engaging in business and requires a person to register and obtain a business license.
(a) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal
property, intangible personal property, or real property permanently or temporarily located in
the City.
(b) Owning, renting, leasing, using, or maintaining, an office, place of business, or other
establishment in the City.
(c) Soliciting sales.
(d) Making repairs or providing maintenance or service to real or tangible personal property,
including warranty work and property maintenance.
(e) Providing technical assistance or service, including quality control, product inspections,
warranty work, or similar services on or in connection with tangible personal property sold by
the person or on its behalf.
(f) Installing, constructing, or supervising installation or construction of, real ortangible personal
property.
(g) Soliciting, negotiating, or approving franchise, license, or other similar agreements.
(h) Collecting current or delinquent accounts.
(1) Picking up and transporting tangible personal property, solid waste, construction debris, or
excavated materials.
(j) Providing disinfecting and pest control services, employment and labor pool services, home
nursing care, janitorial services, appraising, landscape architectural services, security system
services, surveying, and real estate services including the listing of homes and managing real
property.
(k) Rendering professional services such as those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other
sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors,
detectives, laboratory operators, teachers, veterinarians.
(1) Meeting with customers or potential customers, even when no sales or orders are solicited at
the meetings.
(m) Training or recruiting agents, representatives, independent contractors, brokers or others,
domiciled or operating on a job in the City, acting on its behalf, or for customers or potential
customers.
(n) Investigating, resolving, or otherwise assisting in resolving customer complaints.
(o) In-store stocking or manipulating products or goods, sold to and owned by a customer,
regardless of where sale and delivery of the goods took place.
(p) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or
another acting on its behalf.
(4) If a person, or its employee, agent, representative, independent contractor, broker or another
acting on the person's behalf, engages in no other activities in or with the City but the following, it
need not register and obtain a business license.
(a) Meeting with suppliers of goods and services as a customer.
(b) Meeting with government representatives in their official capacity, other than those
performing contracting or purchasing functions.
(c) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other
meetings wherein the person does not provide training in connection with tangible personal
property sold by the person or on its behalf. This provision does not apply to any board of
director member or attendee engaging in business such as a member of a board of directors
who attends a board meeting.
(d) Renting tangible or intangible property as a customer when the property is not used in the
City.
(e) Attending, but not participating in a "trade show" or "multiple vendor events". Persons
participating at a trade show shall review the City's trade show or multiple vendor event
ordinances.
(f) Conducting advertising through the mail.
(g) Soliciting sales by phone from a location outside the City.
(5) A seller located outside the City merely delivering goods into the City by means of common
carrier is not required to register and obtain a business license, provided that it engages in no other
business activities in the City. Such activities do not include those in subsection (4).
The City expressly intends that engaging in business include any activity sufficient to establish nexus
for purposes of applying the license fee under the law and the constitutions of the United States and
the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the
activity that constituted the original nexus generating contact or subsequent contacts.