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01-19-2021 Council Packet - Regular4kCITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Remote Meeting January 19, 2021 — 6:30 p.m. Notice: Pursuant to Governor Inslee's Proclamation 20-28, all in -person meetings are prohibited until further notice. The Mayor and Council encourage you use one of the following ways to participate in the meeting: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 685 690 722 and passcode: 131162 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Mayor's Emerging Issues and Report • Mayoral Proclamation: Black Lives Matter — A Call for Action • MLK Jr. Virtual Event Recap (1/18) • National Moment of Unity and Remembrance of those who lost their lives to COVID-19 (1/19) • Eyes on Federal Way Report — Thomas Fichtner, IT Manager b. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Council President Report 4. PUBLIC COMMENT Please email comments to COUNCIL(a)cityoffederalway.com or complete a citizen comment request form (found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3 minutes each. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 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: January 5, 2021 Regular and Special Meeting Minutes b. Transportation Grant Funding Application C. 2020 Pavement Repair Project — Final Acceptance d. Greenway Pavement Markings Phase 1 (2020) Project — Project Acceptance e. Award 2021 Street Sweeping Services Contract f. 2021 Planning Commission Work Program g. Landscape Structure Retainage Release h. "On Call" Electrical Services Contract Amendment Lease Agreement between Bali Road and the City of Federal Way for Downtown Substation The Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services k. Police Services Agreement with Commons Mall I. ATS Verra Mobility Traffic Safety Cameras M. Jail Services Contract — King County Jail n. Jail Services Contract — Issaquah City Jail 6. COUNCIL BUSINESS a. Veteran Advisory Committee ProDosal to Honor Veterans and Families to be Funded by King County Veterans Program Grants b. 2021 Federal Legislative Agenda c. Lodging Tax Advisory Committee Appointments d. Arts Commission Appointments 7. ORDINANCES Second Reading & Enactment: a. Council Bill #795: School Speed Limit Ordinance Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SPEED LIMITS; AMENDING FWRC 8.30.020, 8.30.030, 8.30.040; AND ADDING A NEW SECTION TO FWRC 8.30. (AMENDING ORDINANCE NOS. 90-29, 92-145, 93-177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807, AND 17-832 ) Chapters 4 and 19 related to Wireless Telecommunication Facilities AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO WIRELESS COMMUNICATION FACILITIES; REPEALING AND REPLACING FEDERAL WAY REVISED CODE CHAPTERS 4.23 (SMALL WIRELESS DEPLOYMENT), 4.24 (ELIGIBLE FACILITIES REQUESTS— FEDERALLY The City Co�jhjyRyEWd items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. REVIEW PERIODS), AND 19.256 (WIRELESS COMMUNICATIONS FACILITIES) IN THEIR ENTIRETY; REVISING CHAPTER 4.22 (FRANCHISE FOR USE OF RIGHT- OF-WAY); AND ADDING NEW CHAPTER 19.257 (ELIGIBLE FACILITIES REQUESTS). (REPEALING ORDINANCE NO. 20-890, 20-833, 19-862, AND 18-850 AND AMENDING ORDINANCE NOS. 17-833, 18-863, AND 18-851) c. Council Bill #797: Comprehensive Plan Amendment/Rezone AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, AND APPROVING A CITIZEN INITIATED COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENT AND LEGISLATIVE REZONE OF 5.48 ACRES LOCATED EAST OF PACIFIC HWY AND SOUTH OF THE REDONDO HEIGHTS PARKAND RIDE, PARCELS 720480-0172, 720480-0174AND 720480-0165 FROM HIGH DENSITY RESIDENTIAL (RS 7.2) TO MULTIPLE FAMILY (MF 1800).(AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843 AND 19-866) 8. COUNCIL REPORTS 9. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. COUNCIL MEETING DATE: January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the January 5, 2021 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT By:, Stephanie Courtney, City DEPT: Mayor's Office Attachments: Draft minutes for the January 5, 2021 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 Committee Initial/Date N/A CITY CLERK APPROVAL: NV % Council Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. (BELOW TO BE COMPLETED BY CITY 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 - 4/2019 RESOLUTION # CITY OF vzl�k:� Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Remote Meeting January 5, 2021 — 5:00 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting held remotely to order at 5:00 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION a. 2020 Classification and Compensation Study Human Resources Manager Jean Stanley introduced Alex Sheets and Cabot Dow who presented background on the 2020 Classification and Compensation Study including timeline and results. Ms. Stanley noted the scope of work included reviewing job classifications and salaries of comparable agencies as well as an exploratory organizational and workload analysis. She noted Cabot Dow and Associates will discuss the results of their findings and offer recommendations. Ms. Sheets and Mr. Dow provided information on the report including how they matched positions across agencies, total compensation versus base salary, and the results which indicate an increase in disparity as the salary ranges increase in individual positions. Councilmembers asked various questions about past salary surveys completed previously for the city that were not implemented and the lack of annual cost of living adjustments (COLA) which compound over years. Mayor Ferrell noted the city, during the last depression, went 6- years without a COLA for non -represented staff, which added to the city falling behind in salary as compared to neighboring jurisdictions. The Mayor and Council discussed next steps in addressing the annual COLAs and the individual inequities found in certain positions. Mayor Ferrell noted the COLA for 2021 was lowered to 2%; and he is hoping to pick up the remaining 1 % in 2021 and fund a 3% COLA for 2022. He also noted he would work with Finance Director Ariwoola and Human Resources Federal Way City Council Special Minutes Page 1 of 2 January S, 2021 Manager Stanley on a plan to address individual positions which are far below range. The Mayor and Council thanked Cabot Dow and Alex Sheets for thorough and thoughtful work on this report. The full report is attached to these minutes as Exhibit A. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:13 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 January S, 2021 Attachment A 2020 Classification & Compensation Study Report can be accessed in the January 5, 2021 City Council Meeting Special Packet in the City's Electronic Document Library. Link: https://docs.cityoffederalway.com/WebLink/ Doc View. aspx?id=844834&page=3&cr=1 CITY OF ,*::*�AL Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting January 5, 2021 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting held remotely to order at 6:30 p.m. Oqq*&r City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. COUNCIL PRESIDENT HONDA MOVED TO AMEND THE AGENDA TO ADD A DISCUSSION ITEM TO COUNCIL BUSINESS ENTITLED DISCUSSION REGARDING WORKING WITH OTHER SOUTH KING COUNTY CITIES ON A HOUSING ACTION PLAN; SECOND BY COUNCILMEMBER KOCHMAR. The motion passed unanimously as follows: Council President Honda yes Councilmember Assefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 3. PRESENTATIONS a. AWC Retro Pool Refund Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Mayor Ferrell noted due to a scheduling conflict, Peter King and Brian Bishop of AWC were unable to join the meeting and will be rescheduled to a later date. b. Mayor's Emerging Issues and Report Eyes on Federal Way App — Launched December 15 IT Director Thomas Fichtner provided a brief update on the success of the citizen portal which launched on google play and the app store on December 15. Mayor Ferrell thanked Mr. Fichtner and his staff for getting this helpful app up and running and also thanked the Parks and Public Work Crews who are fielding and responding to many of the reported issues. Federal Way City Council Regular Minutes Page 1 of 7 January S, 2021 *Clerk's Note: Due to technical issues these items were taken out of order. Paint the Plow Recap Public Works Director EJ Walsh reported on a recent event in conjunction with the Boys and Girls Club. He noted this was an educational project where the students who participated selected the theme "Only rain down the drain" and learned the importance of Surface Water Management. Students of varying ages then worked together on artwork which they later painted on city snow plows. The Mayor provided a thank you letter to each student who participated and noted the city will use the plows this winter, the goal is both to provide educational component to the Boys and Girls Club and put a smile on the community's face as they see them driving around town. In response to a question, Mr. Walsh noted the paint is environmentally safe and will be pressure washed off at the end of the season for this project next year. COVID-19 Vaccine Update Emergency Manager Ray Gross provided an update on the process of administering the COVID-19 vaccines. He provided information on the vaccination locations forthe current group (1 a) which includes public health clinic, long term care facilities, hospitals and high - volume sites and suggested people look at the phase finder app from the CDC to identify which their group. He also noted the Department of Health will eventually do free clinic and checking with individual healthcare providers to learn if they are offering vaccines. He also discussed the demand for the vaccine and the discussion of modifying the dose to create more doses. This is currently not in practice as the vaccine consists of two shots. Mr. Gross also noted since the start of the pandemic through January 4, Federal Way has had a total of 5,070 positive cases; 328 hospitalizations; and 63 deaths. Mayor and Council thanked Mr. Gross for the information and asked clarifying questions including cases in private schools and/or daycare facilities and symptoms of the new strain of COVID. MLK Jr. Virtual Celebration Mayor Ferrell announced the pre-recorded Martin Luther King Jr. Event which will be broadcast on Monday, January 18 at 11:00 a.m. He thanked Executive Assistant Jeri - Lynn Clark for coordinating this virtual event for this national holiday. c. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee PRHSPS : Chair Kochmar reviewed the agenda for the January 12 meeting scheduled at 5:00 p.m. Land Use/Transportation Committee (LUTC): Chair Baruso reported on the LUTC meeting noting the approved items will be considered by City Council at their regular meeting scheduled January 19. Finance Economic Development Regional Affairs Committee FEDRAC : Chair Tran reported there was no December meeting and the next meeting will take place January 26 via Zoom. Federal Way City Council Regular Minutes Page 2 of 7 January 5, 2021 Lodging Tax Advisory Committee (LTAQ: Chair Assefa-Dawson noted it was a longer meeting than usual as there were many exciting opportunities. The next meeting is January 13 at 10:30 a.m. via Zoom. She reported on a new website and tourism training program that will be available later in January and she thanked Tim Johnson and the Chamber of Commerce for their hard work and assistance. Regional Committees Report(PIC): Councilmember Moore reported he did not attend the December 9 meeting, however plans to attend the upcoming January 13 meeting. He noted much of the meeting discussion is regarding the Legislative Agenda. Council President Report: Council President Honda attended the Public Issues Committee (PIC) meeting in December and most of the meeting was devoted to the legislative agenda. She encouraged council to attend the PIC meeting as it is a good way to meet other Councilmembers from the region and learn what other cities are doing. She reported on the National Remembrance Event for COVID-19 victims and announced the Council would be hosting a "Coffee with the Council' event to discuss elected office in Federal Way. She encouraged citizens to apply for open vacancies on the Citizen Boards and Commissions. She voiced her frustration for local businesses and restaurants who are once again restricted by the Governor orders, and knows these businesses are hurting. At 7:35 p.m. Mayor Ferrell announced the Council would be taking a brief recess for approximately 10 minutes. The meeting was reconvened at 7:45 p.m. 4. PUBLIC COMMENT CJ Cabiles shared his desire to see an indoor skate park in the Federal Way area. Gregory Bush spoke on behalf of AT&T thanking the City for its efforts to update the wireless code and he shared anticipation of continuing to work with the City of Federal Way regarding this matter. 5. CONSENT AGENDA a. Minutes — December 1, 2020 Regular and Special Meeting Minutes; Summary of December 15, 2020 Special Meeting — Legislative Breakfast b. Downtown Staircase — Project Acceptance C. SW Dash Point Road at 47th Ave SW Compact Roundabout — 85% Design Report and Authorization to Bid d. Pacific Hwy S Non -Motorized Corridor — 30% Design Report e. S 314th St Improvements - 30% Design Report f. Lakota Middle School Safe Routes to School 85% Design Status Report and Authorization to Bid g. Authorization to Accept Grant Funding for Transportation Improvement Projects h. Award Concrete Beveling Services - Trip Hazard Removal Contract COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH H ON THE CONSENT AGENDA; COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 3 of 7 January S, 2021 6. COUNCIL BUSINESS a. S 320th Flagpole Rehabilitation Project Acceptance Public Works Director EJ Walsh reported this project, funded by the Risk Fund, was completed substantially under budget. The repairs were needed to a wrong -way driver and the flag was removed from the pole for many months due to safety concerns. The project savings totaled $127K and was due to both the hard work of staff and the ability to reuse the current foundation, which was an unknown at the time of project estimate. Staff internally completed many of the items to prepare the site including repairing the irrigation system and replacing the damaged landscape. The remaining funds will be transferred back to the risk fund and not allocated to other projects. Mayor Ferrell stated this case involving an individual who caused the damage is still pending in court; pending the outcome the city could seek restitution. COUNCILMEMBER BARUSO APPROVAL OF FINAL ACCEPTANCE OF THE SOUTH 320TH STREET FLAGPOLE REHABILITATION PROJECT IN THE AMOUNT OF $23,634.02 AS COMPLETE; COUMCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Assefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes b. Federal Lobbyist Contract Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Policy Advisor Bill Vadino introduced Federal Lobbyist Richard Agnew who virtually attended the Council meeting. Mr. Vadino noted Mr. Agnew represents VNF which is a very well-known lobby firm and will be working to assist Federal Way in the federal lobbying efforts. The allocation to fund a federal lobbying contract was added to the 2021/2022 biennial budget and approved in December 2020. Mr. Agnew, a long-time Federal Way resident noted he is excited to start working to leverage federal dollars for city projects. Councilmembers thanked Mr. Vadino and Mr. Agnew and look forward to future. updates on lobbying efforts. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN SAID AGREEMENT; COUMCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes C. ADDED ITEM: Discussion Regarding Working with other South King County Cities on Housing Action Plans Council President Honda reported on the presentation and discussion at the Land Use Transportation Committee meeting (LUTC) meeting (on January 5, 2021) regarding the city's Housing Action Plan. The divide between North King County cities median household income as compared to South King County cities was discussed as well as how that affects housing cost and availability. Federal Way City Council Regular Minutes Page 4 of 7 January S, 2021 The Council requested the Mayor look into forming a coalition with neighboring South King County cites to collaborate on these housing issues and the Housing Action Plan (HAP) and Sound Transit Light Rail. Councilmembers also asked the city work with entities such as SKHHP and AWC as they might have helpful tool kits in place. COUNCIL PRESIDENT HONDA MOVED TO DIRECT THE MAYOR TO CONVENE THE CITIES IN SOUTH KING COUNTY TO WORK ON THE HOUSING ACTION PLAN AND OTHER ISSUES THAT COME UP. SECOND BY COUNCILMEMBER CRAFT. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 7. ORDINANCES First Reading a. Councit Bill #795: School Soeed Limit Ordinance Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SPEED LIMITS; AMENDING FWRC 8.30.020, 8.30.030, 8.30.040; AND ADDING A NEW SECTION TO FWRC 8.30. (AMENDING ORDINANCE NOS. 90-29, 92-145, 93- 177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807, AND 17-832) City Traffic Engineer Rick Perez provided information regarding school zone speed limits. He highlighted the Lakota Safe Routes to School Project with the existing and proposed changes. This ordinance would create a new section to allow the Public Works Directorto determine locations of 20 mph school speed limits and also amends several sections to replace outdates terminology. No public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 19, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUMCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes b. Council Bill #796: Amendments to the Federal Way Revised Code (FWRC Chapters 4 and 19 related to Wireless Telecommunication Facilities AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO WIRELESS COMMUNICATION FACILITIES; REPEALING AND REPLACING FEDERAL WAY REVISED CODE CHAPTERS 4.23 (SMALL WIRELESS DEPLOYMENT), 4.24 (ELIGIBLE FACILITIES REQUESTS —FEDERALLY REQUIRED REVIEW PERIODS), AND 19.256 (WIRELESS COMMUNICATIONS FACILITIES) IN THEIR ENTIRETY; REVISING CHAPTER 4.22 (FRANCHISE FOR USE OF RIGHT- OF-WAY); AND ADDING NEW CHAPTER 19.257 (ELIGIBLE FACILITIES REQUESTS). (REPEALING ORDINANCE NO. 20-890, 20-833, 19-862, AND 18-850 AND AMENDING ORDINANCE NOS. 17-833, 18-863, AND 18-851) Deputy Public Works Director Desiree Winkler provided information regarding amending Titles 4 and 19 of the Federal Way Revised Code related to wireless telecommunication facilities. Ms. Winkler provided background information and detailed timeline of the process to date regarding wireless telecommunication facilities. She provided information Federal Way City Council Regular Minutes Page 5 of 7 January 5, 2021 on permitting and timelines including franchise agreement, master lease, small wireless permit, environmental review (if applicable) and Right -of -Way permits. Ms. Winkler provided examples of design standards and referenced the comments received from the industry and the updates made to meet current Federal Law. In addition to industry feedback, the city has provided for public comments at the Planning Commission and Land Use Transportation Committee prior to Council. No public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 19, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUMCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Assefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes c. Council Bill #797: Comprehensive Plan Amendment/Rezone AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, AND APPROVING A CITIZEN INITIATED COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENT AND LEGISLATIVE REZONE OF 5.48 ACRES LOCATED EAST OF PACIFIC HWY AND SOUTH OF THE REDONDO HEIGHTS PARKAND RIDE, PARCELS 720480-0172, 720480-0174 AND 720480-0165 FROM HIGH DENSITY RESIDENTIAL (RS 7.2) TO MULTIPLE FAMILY (MF 1800). (AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03- 442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843 AND 19-866) Principal Planner Doc Hansen noted the proposed ordinance is a modified proposal of what had been presented to City Council on October 20, 2020 for first reading. He noted the applicants expressed interest in modifying their proposal and he believes the outcome is an improvement to the original proposal. This was presented to the Land Use/Transportation Committee on December 7 and there were no changes made to the previous determinations. No public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 19, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUMCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 8. COUNCIL REPORTS Councilmember Assefa-Dawson wished Economic Development Director Tim Johnson a happy Federal Way City Council Regular Minutes Page 6 of 7 January 5, 2021 birthday and expressed appreciation for his work with the Lodging Tax Advisory Committee Councilmember Baruso also wished Mr. Johnson a happy birthday and encouraged individuals to get the COVID-19 vaccine when possible. Councilmember Tran wished everyone a happier and healthier 2021 as well as a happy birthday to Mr. Johnson. Councilmember Craft continued the birthday wishes for Mr. Johnson. She also warned the public of scam phone calls mimicking the King County Courts asking them to be careful and vigilant. Councilmember Moore expressed optimism and hope for the coming year. He highlighted portions of the meeting and stated he will be focusing on the creation of job opportunities in Federal Way. He too wished Mr. Johnson a happy birthday. Councilmember Kochmar joined colleagues in best wishes for everyone and appreciates the information from Doc Hansen and Brian Davis regarding the downtown. She feels most individuals do not understand how zoning can affect a developer and future building. Council President Honda shared birthday wishes to Mr. Johnson. She wished a happy new year to everyone and this hopeful this will be a better and healthier year Councilmember Moore announced it is Chief of Police Andy Hwang's birthday and all of council wished him a happy birthday too. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:02 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 January 5, 2021 COUNCIL MEETING DATE: January 19, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATION ITEM #. 5 b POLICY QUESTION: SHOULD THE CITY COUNCIL AUTHORIZE STAFF TO SUBMIT THE PROPOSED GRANT APPLICATION FOR TRANSPORTATION PROJECT? COMMITTEE: Land Use and Transportation MEETING DATE: January 4, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Capital Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated January 4, 2021. Options Considered: 1. Authorize staff to submit the proposed grant application for transportation project. 2. Do not authorize staff to submit the proposed grant application and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 19, 2021 Council Consent Agenda for Appr�l. MAYOR APPROVAL:�� O DIRECTOR APPROVAL: Coi inee I Ar, , co it — Initial/Date COMMITTEE RECOMMENDATION: I move to forward option I to the January 19, 2021 council consent agenda for approval. VCR t/P,C— }-� Ca✓1T-(�-,reyice Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to submit the proposed grant application for transportation project. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED-11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director£ Jeff Huynh, Capital Engineer SUBJECT: Transportation Grant Funding Applications Financial Impacts: The matching funds for the project is proposed to be funded from the 2023-2024 overlay program funding (Fund 102) that is comprised of Real Estate Excise Tax (REET) and Motor Vehicle Excise Tax (MVET). There is no impact to the operations and maintenance of this project as this is rehabilitation of an existing asset. Background Information: This memorandum provides the Council with the current status of new grant funding programs for transportation improvement projects. Staff evaluated eligible National Highway System Routes against the 2021 NHS Asset Management Program scoring criteria and determined that S 348th Street — 9th Ave S to Pacific Hwy S would likely to score well. This project will be added to the upcoming Six -Year Transportation Improvement Program update as required for all grant funded projects. Project (Funding Phase) Estimated Project Possible Grant Estimated City Grant I Cost I Funds Match S 348" Street — 9" Ave S to Pacific Hwy S — NHS Preservation Project (Design and Construction) NHS Asset Management Program $1,116,000 $930,000 $186,000 (Federal Funds) Rev. 6/2020 COUNCIL MEETING DATE: January 19, 2021 ITEM ;t#: 5 C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: IR 819bVff9N : 2020 PAVEMENT REPAIR PROJECT —FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2020 Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 4, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Capital Engineer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated January 4, 2021. Options Considered: 1. Authorize final acceptance of the 2020 Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. in the amount of $147,296.60 as complete. 2. Do not authorize final acceptance of the completed 2020 Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 19, 2021 Council Consent Agenda for approval. MAYOR APPROVAL: 1�IRECTOR APPROVAL: m cc unci] (.� InitiaMate Init-muthte InitUMa COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 19, 2021 council consent agenda for approval. i t-a ✓C' V'(Fe v%'w Gc�� • �e�F Greg Baruso, Committee Chair Martin Moore, Committee Member 1-loang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to accept the 2020 Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. 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 — 11 /2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Capital Engineer SUBJECT: 2020 Pavement Repair Project — Final Acceptance Financial Impacts: The cost to the City for 2020 Pavement Repair Project was included within the approved budget under the Public Works Department, Capital Project #201. In accordance with the approved budget, this item is funded by motorized vehicle fuel tax, charges for services, interest earnings, and transfers -in from the General Fund. No additional funds are proposed to be spent as part of this project. Background Information: 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 2020 Pavement Repair Project contract with Pavement Maintenance of Washington, LLC. is complete. The Final construction contract amount is $147,296.60. This is $11,837.40 below the $159,134.00 (including contingency) budget that was approved by the City Council on April 21, 2020. Rev. 6/2020 COUNCIL MEETING DATE: January 19, 2021 ITEM #: 5 d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GREENWAY PAVEMENT MARKINGS PHASE I (2020) PROJECT — PROJECT ACCEPTANCE POLICY QUESTION: Should City Council accept the Greenway Pavement Markings Phase I (2020) Project constructed by Apply -A -Line, LLC as complete? COMMITTEE: Land Use and Transportation MEETING DATE: January 4, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT..BY: Naveen Chandra, P.E., Senior Capital Engineer DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize final acceptance of the Greenway Pavement Markings Phase 1(2020) Project constructed by Apply -A -Line, LLC, in the amount of $111,475.00 as complete. 2. Do not authorize final acceptance of the Greenway Pavement Markings Phase I (2020) Project constructed by Apply -A -Line, LLC, in the amount of $111,475.00 as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayorrecommends Option 1 be forwarded to the January 19, 2021 Council Consent Amanda for aDwoval _ MAYOR APPROVAL: fib DIRECTOR APPROVAL: �F EEL— Initial/Date COMMITTEE RECOMMENDATION: `I move to form,ard Option I to the January 19, 2021 consent agenda for approval. " VIC� C)V\ Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Greenway Pavement Markings Phase I (2020) Project constructed by Apply -A -Line, LLC, in the amount of $111,475.00 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 — 2/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: Naveen Chandra, P.E., Senior Capital Engineer Na SUBJECT: Greenway Pavement Markings Phase I (2020) Project — 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 Information: 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, State Department of Labor and Industries and Employment Security Department requirements. The Greenway Pavement Markings Phase I (2020) Project contract with Apply -A -Line, LLC is complete. The Final construction contract amount is $111,475.00. This is $7,248.00 below the $118,723.00 (including contingency) budget approved by the City Council on July 21, 2020. Rev. 6/2020 COUNCIL MEETING DATE: January 19, 2021 ITEM #: 5 e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AWARD 2021 STREET SWEEPING SERVICES CONTRACT POLICY QUESTION: Should city council award the 2021 Street Sweeping Services Contract to the lowest responsive, responsible, bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 4, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler,. P.E. Deputy Director DEPT: Public Works Attachments: 1. Staff Report 2. Bid Tabulations Options Considered: 1. Award the 2021 Street Sweeping Services contract to McDonough and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $223,204.45 and authorize the Mayor to execute the contract. 2. Reject all bids 2021 Street Sweeping Services contract provide direction to staff. MAYOR'S REcommENDA, TION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: ,.r Initiat/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 19, 2021 consent agenda for approval. yucc- ✓�C- ✓c a �✓(�C�✓11-Cd �✓i cC Grey Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to award the 2021 Street Sweeping Services contract to McDonough and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $223,204.45 and authorize the Mayor to execute the contract. " (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 - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2021 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Desired S. Winkler, P.E., Deputy Public Works Director SUBJECT: Award 2021 Street Sweeping Services Contract FINANCIAL IMPACTS: Budget for street sweeping services was included in the approved 2021-2022 budget and is paid out of Fund 401 Surface Water Management. This contract will not start until April 1, 2021 to provide a transition between the current contract and this new contract. Staff proposes to award this contract to cover the current biennial budget through December 31, 2022. BACKGROUND INFORMATION: Four bids were received and opened on December 21, 2020 for the 2021 Street Sweeping Services Contract. The total bids for this contract are as follows: Company Bid Amount McDonough and Sons, Inc. $119,059.63 Action Services Corp. $119,248.04 AC Moate Industries, Inc. $125,908.19 Pro -Vac $194,716.44 Available Annual Budget $125,000.00 Amount The lowest responsive, responsible bidder is McDonough and Sons, Inc. with a total bid of $119,059.63. The proposed award would include $5,000.00 per year for emergency/on-call sweeping. Total contract award is proposed as follows: January 4, 2021 Land Use and Transportation Committee Award 2021 Street Sweeping Services Contract Page 2 Description Scheduled Sweeping (April 2, 2021— December 31, 2021) Emergency / On -Call Sweeping FY 2021 Scheduled Sweeping (January 1, 2022 — December 31, 2022) Emergency / On -Call Sweeping FY 2022 Total Contract Bid Amount $94,144.82 $5,000.00 $119,248.04 $5,000.00 $223,204.45 The amount available in the 2021/2022 budget for this contract is $225,000.00. Note that $25,000.00 of the 2021 street sweeping budget is dedicated to the current street sweeping contract that expires March 31, 2021. City of Federal Way, WA 2021 STREET SWEEPING SERVICES RFB No. 21-001 RiA Clnoninn n.t.- n.,.-hor 91 9n9n Bid 1 Bid 2 Bid 3 Bid 4 Vendor Name --> McDonough & Sons, Inc. Action Services Corporation AC Moate Industries, Inc. Pro -Vac Location ---> Ravensdale, WA Bremerton, WA Auburn, WA Puyallup, WA Cost Time Cost Time Cost Time Cost Time per Cost per per per Cost per per per Cost per per per Cost per per Item Amount Unit Mile Sweeping Year Total Cost Mlle Sweeping Year Total Cost Mile Sweeping Year Total Cost Mlle Sweeping Year Total Cost 1 Major Arterial Streets 23.24 Miles $56.50 $1,313.06 14 $18,382.84 $58.00 $1,347 92 14 $18,870.88 $59.75 $1,388.59 14 $19,440.26 $90.67 $2,107.17 14 $29,500.39 2 Minor Arterial Streets 9.35 Miles $56.50 $528.28 14 $7,395.85 $58.00 $542.30 14 $7,592.20 $59.75 $558.66 14 $7,821.28 $90.67 $847.76 14 $11,868.70 3 Collector Arterials 50.97 Miles $56.50 $2,879.81 14 $40,317.27 $57.50 $2.930.78 14 $41,030.85 $59.75 $3,045.46 14 $42,636.41 $90.67 $4,621.45 14 $64,700.30 4 State Routes 14.04 Miles $56.50 $793.26 14 $11.105.64 $56.00 $786.24 14 $11,007.36 $59.75 $838.89 14 $11,744.46 $109.25 $1,533.87 14 $21,474.18 5 Residential Streets 148.17 Miles $56.50 $8,371.61 5 $41,858.03 $55.00 $8,149.35 5 $40,746.75 $59.75 $8,853.16 5 $44,265.79 $90.67 $13,434.57 5 $67,172.87 Total Basic Annual Bid $119,059.63 $119,248.04 $59.75 $125,908.19 $194,716.44 6 Emergency Call out 1 Hours $20.00 n/a $80.00 n/a $235.00 n/a none entered n/a BID TOTAL PER YEAR 5119.059.63 5119.248.04 $125.908.19 $194.715.44 Bid Signature YES YES YES YES Addendum Acknowledged YES YES YES YES Bid Bond Cashier's Check YES YES YES YES Subcontractor List YES YES none YES Combined Affidavit and Certification Form YES YES YES YES Contractors Compliance Statement YES YES YES YES Contractor Wage law Compliance Cart YES YES YES YES coaftfed mafh emx ::•rrcc'• :r•,rr �• u Page 1 of 1 .. .. .. .. .. .. .. COUNCIL MEETING ITEM #:21 9,2 ATE: Jan uary 10I5f . ....... . . . .... . ....... . . . ....... . . ............ . . . . . .. . ...... . ............ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2021 PLANNING COMMISSION WORK PROGRAM POLICY QUESTION: Should the Council adopt the proposed 2021 Planning Commission Work Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 4, 2021 CATEGORY: 0 Consent Ej Ordinance El Public Hearing E] City Council Business E:1 Resolution El Other STAFF REPORT BY: Doc Hansen, Principal Planner DEPT: Community Development . . . . ...... . .... .......... Attachments: 1. Staff Report Options Considered: 1. Approve the proposed 2021 Planning Commission Work Program. 2. Do not approve proposed Work Program and provide direction to staff. . ........ . ...... MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: 122220 Initial/Date 16itialiNte Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed 2021 proposed Planning Commission Work Program to the January 19, 2021 consent agenda for approval. �---Q p- - _,,, e- r e- v-t r_ e_ V � e-1 e- e-o , e- Greg Baruso, Committee Chair Hoang Tran, Committee Martin Moore, Committee Member Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2021 Planning Commission Work Program. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: El APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading 1-3 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 4ik CITY OF Federal Way Centered on Opportunity MEMORANDUM DATE: January 4, 2021 TO: Land Use and Transportation Committee FROM: Brian Davis, Community Development Director 2rc mil, Stacey Welsh, AICP, Planning Manager Doc Hansen, Principal Planner R4M SUBJECT: Briefing on the 2021 Planning Commission Work Program A. FINANCIAL IMPACTS Much of the work on items in the 2021 Planning Commission Work program will be done by Planning staff. However, with Council's recent budget approval, a consultant will be retained to work on the Downtown planning effort. B. BACKGROUND The Planning Commission's Work Program is approved by the City Council on a yearly basis. This memorandum summarizes what was completed in 2020 and provides the Mayor's recommendation for the 2021 Planning Commission Work Program (Attachment A). The Planning Commission was briefed on the proposed Work Program on December 2, 2020. In addition to the items listed in Attachment A, the City Council may introduce code amendments at any time during the year for consideration. It is planned to have 1.5 planners from the seven Full Time Equivalents (FTE) assigned to the long range planning activities. Such items include processing comprehensive plan amendments and rezone requests, preparing code amendments, and reporting and monitoring work required by state law. This Work Program is intended to be a list of items to be completed in 2021. However, as has often been the case in past years, other demands have sometimes taken precedence over listed activities on the adopted Work Program. C. MAYOR'S RECOMMENDATION The Mayor recommends approval of the 2021 Planning Commission Work Program. Attachment A: Proposed 2021 Planning Commission Work Program LUTC Staff Report Meeting Date: January 4, 2021 Proposed 2021 Planning Commission Work Program Page 1 Attachment A: Proposed 2021 Planning Commission Work Program Code Amendments No Section Item Rationale for Suggested Change Status 1 Various Minor amendments may be needed to clarify use and interpretation Issues related to code clarification and/or code improvement that Completion of the code. [ do not require significant work. in 2021. 2 Title 18 The process for approving a final long plat. Many jurisdictions require only administrative approval of a final Ongoing. 19.225-230 Review height/bulk regulations, multi -family requirements, parking in plat, which is allowed by state law. 3 The City Center in the comprehensive plan is intended to function Ongoing. 19.115 transit areas, design standards, and view corridors in the City Center. as a center of public activity. School impact fees, height/bulk regulations, and parking requirements have discouraged developers from proposing some projects. Parking requirements will be re- investigated since there is an abundance of parking in the Permit the maximum exemptions allowed within WAC 197-11-800. downtown area. Some of the exemptions allowed within SEPA are not included Ongoing. 4 Title 14 within Title 14 of the Federal Way Revised Code (FWRC), sometimes Update of Sign Program creating the need for SEPA review. 5 19.140 The sign code needs to be reviewed in relation to the Reed v. Town On -Hold. of Gilbert case to ensure that the code is not content based. 6 Title 19 Implement the Twin Lakes Subarea Plan through code amendments The Twin Lakes Subarea is that area around the intersection of 215t On Hold. related to the maximum allowable building height and uses Avenue SW and SW Campus Drive/SW 336th Street is zoned encouraged within the subarea plan. Neighborhood Business (BN). Specific goals and policies were adopted, but never implemented through amendments to the FWRC. The plan needs full review and implementing procedures researched and evaluated. This may result in changes to the subarea plan in the evaluation and therefore, will require a significant amount of work. Public Works Amendments Amendments received from the Department of Public Works, as Ongoing 7 Various needed, related to transportation, stormwater, and wireless facilities. LUTC Staff Report Meeting Date: January 4, 2021 Proposed 2021 Planning Commission Work Program Page 2 Section Comp Plan Comp Plan Comp Plan Update Comprehensive Plan {Changes Existing Continue researching housing needs, preparation and adoption of a Housing Action Plan (HAP). Population projections are being completed by King County. The purpose of "Target Growth" is to allocate this population throughout the county by jurisdiction. Allocated numbers for funds, and justification forfuture annexations. The comprehensive plan is mandated by the state GMA to be updated every eight years. Due to Covid-19, this mandated time has been extended for one year, and is due for update by 2024. It is necessary to begin the update of the plan. Comp. Plan . Downtown Comprehensive Plan Update Docket Two applicants have requested a comprehensive plan amendment/rezone. These will be heard as Docket items this year if Council approves them moving forward. LUTC Staff Report Proposed 2021 Planning Commission Work Program Rationale for Suggested Cha Evaluate increased housing needs for both moderate- and low- income families with the city's expanding economic base, development of a "City Center," and the creation of the light rail system to the City Center. The HAP relates to the Housing Element of the Comprehensive Plan. The city will participate throughout this process to insure a fair share of this allocation. The city will have to plan for the allocated population and jobs, which will be the basis of the next major Comprehensive Plan update. Status Ongoing, to be adopted by June 2021. Ongoing, to be completed in 2021. This major update should begin as soon as time permits so that the Ongoing. plan is not completed last minute. The Housing Element will largely be updated this year with the adoption of the Housing Action Plan. An overall strategy to identify the issues the city might be facing and outline of the plan is proposed to be begin this year. Consultant to be retained, project funded by Council for 2021-2022 Start in 2021 One applicant is requesting a change from OP designation to RM. Ongoing. The second involves a request to change parcels zoned RS to RM. Meeting Date: January 4, 2021 Page 3 2020 Project Completions Passing of several amendments to the code which made the code clearer for purposes of interpretation and administration. (Housekeeping amendments) Shelter Resources 272nd Transit Oriented Development -- Request completed to amend comprehensive plan and zoning classification located south of South 2761h Street and east of Pacific Highway South from Single -Family High Density Residential and Single -Family (RS 7.2) to Multi -Family Residential and Multi -Family (RM 1800). Amendment of 19.250 to increase the size of cottage development projects without the requirement for it to hove a portion in affordable housing. Amendment to FWRC 19.142, Flood Damage Protection, to meet federal regulations, an amendment necessaryfor the city to keep its flood insurance provided to landowners by FEMA. Amendment to FWRC 19.256 regarding adoption of new standards/requirements for wireless communication facilities, and FWRC 19.91, the update of transportation impact fees. LUTC Staff Report Proposed 2021 Planning Commission Work Program Meeting Date: January 4, 2021 Page 4 COUNCIL MEETING DATE: January 19, 2021 ITEM #: 5 g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LANDSCAPE STRUCTURES RETAINAGE RELEASE POLICY QUESTION: Should the City accept the installation of the playground equipment at Mirror Lake Park by Landscape Structures as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee MEETING DATE: 1/12/21 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen Parks Deputy Director DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Approve the installation of the playground equipment as complete and release $4,560.73 to Landscape Structures. 2. Do not approve the installation of the playground equipment as complete and the release of $4,560.73 to Landscape Structures and provide direction to staff. MAYOR'S RECC1tNImEND N: Option 1. MAYOR APPROVAL: APPROV 0 COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Landscape Structures installation of the playground equipment at Mirror Lake Park as complete and forward the authorization of staff to release their $4,560.73 retainage to the January 19,2021 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to accept the installation of the playground equipment at Mirror Lake Park as complete and authorize staff to release retainage in the amount of $4,560.73 to Landscape Structures. (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 - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: City Council Members VIA: Mayor Jim Ferrell John Hutton, Parks Director FROM: Jason Gerwen, Parks Deputy Directo SUBJECT: Landscape Structures Retainage Release Financial Impacts: The remaining cost of $4,560.73 to the City, for retainage release on the new Landscape Structures Playground equipment installed at Mirror Lake Park was included within the approved budget under the Parks Department, 303-7100-132-594-76-650. In accordance with the approved budget, this item is funded by REET. Background Information: The City worked with Landscape Structures through KCDA to install new playground equipment at Mirror Lake Park in the amount of $99,997.79. Prior to the release of Retainage on Public Works projects the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Rev. 7/18 COUNCIL MEETING DATE: January 19, 2021 ITEM #: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: "ON -CALL" ELECTRICAL SERVICES CONTRACT AMENDMENT POLICY QUESTION: Should the City Council amend the contract by adding compensation and extending the term with JGM Technical Services for "on -call" electrical services and authorize the Mayor to execute the contract? COMMITTEE: PRHSPS MEETING DATE: January, 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Parks Deputy Director DEPT: Parks �� T Attachments: 1. Staff Report 2. On -Call Electrical Services Contract Amendment Options Considered: 1. Approve the proposed Amendment. 2. Do not approve the proposed Amendment and provide direction to staff. MAYOR'S R1;COMMEND viox: Option 1. ., MAYOR APPROVAL: DIIZECC'OR APPROVAL: Ct /+//I. j Zo ItIA�IfleSC COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the January 19, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment and authorize the Mayor to execute 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 — 11/2019 RESOLUTION # CITY OF Federal Allay Parks and Facilities Division Date: January 12, 2021 To: PRHSPS Council Committee From: Jason Gerwen, Parks & Facilities Deputy Director Via: Mayor Jim Ferrell John Hutton, Parks Director Subject: "On -Call' Electrical Services Contract Amendment Financial Impacts The cost to the City for "On -Call' Electrical Services was included within the approved budget under the Parks Department 001-7100-331-576-80-480. In accordance with the approved budget, this item is funded by the General Fund. The proposed amendment will add $99,000 in compensation for a total contract amount of $198,000. Original contract: $99,000 Current Proposed Amendment #1 $99,000 Total amount of contract $198,000 Background: In 2017 staff bid "On -call' Electrical Service invitations, the bid from JGM Technical Services was responsive to the request and this company has provided quality services to the City in the past. Staff recommends extending their contract for an additional 3-year contract term for "On -call' Electrical Services in the amount of $99,000. On -Call electrical services includes any/all electrical needs for the city as we do not have a certified electrician on staff. (i.e. new service lines, panel replacements, copper wire theft repairs, troubleshooting, etc.). The city reserves the right to bid all work over $5,000. CITY OF CITY HALL 4S Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederahvay. corn AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR ON -CALL ELECTRIC SERVICES This Amendment ("Amendment No.I is made between the City of Federal Way, a Washington municipal corporation ("City"), and JGM Technical Services, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for On -Call Electric Services ("Agreement") dated effective January 8, 2018, 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, 2023 ("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-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cftyoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: JGM TECHNICAL SERVICES, 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 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 3/2017 [Irr OF CITY HALL �� Feder Fe d e ra I Way 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. corn EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Ninety Thousand Dollars and NO/100 Dollars ($90,000.00) and Washington State sales tax equal to Nine Thousand and NO/100 Dollars ($9,000.00) for a total of Ninety -Nine Thousand and NO/100 Dollars ($99,000.00). 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 Ninety -Eight Thousand and NO/100 Dollars ($198,000.00). AMENDMENT - 3 - 3/2017 COUNCIL MEETING DATE: January 19, 2021 ITEM #: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Lease agreement between Balli Road, LLC and The City of Federal Way for the Downtown Substation. POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department (FWPD) enter into an Agreement with Balli Road, LLC for a FWPD Downtown Substation for $3000 a month? COMMITTEE: PRHS&PSC MEETING DATE: January 12, 2021 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Raymond Bunk, Commander DEPT: Police Department Attachments: 1. Staff Memo 2. MOU between Balli Road, LLC and the City of Federal Way Options Considered: 1. Accept the MOU 2. Reject the MOU MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: i APPROVAL: lainal COMMITTEE RECOMMENDATION: I move to forward the MOU between Balli, LLC. and the City of Federal Way to the January 19, 2021 consent agenda for approval. ly_�Wv-y- Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed lease agreement between Balli Road, LLC. and the City of Federal Way, for the continued FWPD Downtown Substation, and authorize the Mayor to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 11T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/ 12/2010 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 12, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Lease Agreement between Balli Road, LLC and the City of Federal Way, Washington Financial Impacts: Balli Road, LLC will be charging $3,000 a month for rent for this space. There are no other planned or expected costs. Background Information: Since 2015, there has been an agreement between Balli Road, LLC and the City of Federal Way for the use of office space, identified as the Downtown Substation, by the Federal Way Police Department. This space is utilized by the Traffic Division, as well as other officers for various police related matters. Balli Road, LLC will provide the secure office space for $3,000 a month and parking for police vehicles will be available. FWPD officers will utilize the space for administrative tasks, and when available, provide assistance with law enforcement issues arising at or near the Transit Station. The term of this MOU is from January 1, 2021 through December 3, 2022. 1 LEASE AGREEMENT BETWEEN BALLI ROAD, LLC AND THE CITY OF FEDERAL WAY THIS AGREEMENT ("Agreement") made on the date indicated by the signatures below, by and between BALLI ROAD, LLC, a Washington Limited Liability Company hereinafter referred to as "Lessor", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington hereinafter referred to as "Lessee." WHEREAS, Lessor is the owner of certain real property that includes office space containing fixtures and equipment located at 31620 23rd Ave S, Suite 102, Federal Way, Washington 98003 (the "Property"); and WHEREAS, the City's Police Department has been using office space at the Property as a downtown substation; and WHEREAS, Lessee believes that the property will be continue to be sufficient to accommodate a downtown substation within the existing retail space within the Property; and WHEREAS, Lessor has agreed to pei7nit Lessee to continue to use the Property for such police office use subject to certain conditions; and WHEREAS, Lessee desires to continue to use the Property, subject to the terms and conditions provided for herein. 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 as follows: 1. Lessor hereby grants to Lessee a temporary, non -perpetual, non-exclusive license (the "Lease") to occupy and use a portion of the Property for use as a substation of the Federal Way Police Department. Lessee's use of the Property shall be in compliance with any and all conditions of any applicable permits, licenses and other governmental and regulatory approvals and in compliance with all applicable laws, statutes, and governmental rules and regulations. This Lease will be used by Lessee and its employees, agents, and representatives, subject to all the terms and conditions of this Agreement. 2. Lessee shall pay Lessor rent in the amount of Three Thousand and N0/100 Dollars ($3,000.00) on a monthly basis commencing January 1, 2021. 3. Lessee shall not be required to pay for electric utilities associated with the lighting and/or heating of the Property during the term of this Agreement. 4. Lessor hereby grants to Lessee the non-exclusive right and privilege to enter on the Property for the purposes set out herein. Lessee's use of the Property shall be conducted in a manner whereby it will not preclude or interfere with Lessor's use of the Property and/or any adjacent property. In addition, Lessee agrees that the retail space will be available to Lessor with 24 hours' notice to Lessee for the purpose of showing the space to potential renters. 5. The Property may be used by Lessee solely for the purpose described in paragraph 1 herein, during the Lease Tenn which shall be limited to the days commencing January 1, 2021 and ending on December 31, 2022. If at any time during the course of the License Agreement the retail space is rented to a new renter, Lessor may choose to allow Lessee to utilize similar retail space within the Property subject to the same conditions listed in this License Agreement. 6. Lessee agrees that it shall use the Property for only the stated purposes and no other purpose. Lessee shall be solely responsible for undertaking the activities on the Property in a safe, secure and careful manner without waste or damage to the Property or improvements thereon. Lessee will not be a nuisance or menace to other tenants in the Building and shall not in any way interfere with the quiet enjoyment of such other tenants. Additionally, Lessee shall clean up and remove any debris created by such activities prior to the termination of the Term of this License. Lessee hereby acknowledges and agrees that It has inspected the Property and examined all conditions thereon relative to Lessee's use thereof, and that Lessor makes no, and expressly disclaims, any warranty or representation as to the condition of Property, its safety or suitability for Lessee's intended activities, or as to any improvements thereon, whether express, implied or arising by operation of law, including, without limitation, any warranty of fitness for any particular purposes. 7, Notwithstanding anything contained herein to the contrary, Lessor may terminate this agreement early for any reason with thirty (30) days' notice upon Lessor's notification to Lessee. On early termination of the License granted by this Agreement, as well as on the natural termination of this License on December 31, 2022, Lessee shall quietly and peaceably surrender the Lessor's Property in a manner that fully complies with all applicable state, federal, or local statute, regulation or ordinance and will leave the Lessor's Property in as good condition as such Property was in at the time of Lessee'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 Lessee's removal obligations and Lessee's indemnification obligations, as well as this survival provision, will survive termination or expiration of this Agreement. 8. Lessee agrees to defend and to indemnify and hold Lessor, its parent, subsidiaries, affiliates, and Its and their officers, directors, shareholders, agents, employees, and representatives harmless from and against any and all losses, costs, claims, damages, and liabilities, Including reasonable attorney's fees, court costs, and fees of expert witnesses, arising from Lessee's use of the Property as a police substation and from any of Lessee's police activities conducted on the Property. Lessor is responsible for maintaining the Property, including common areas, in a safe condition for commercial use and Lessee's indemnification does not cover Lessor's legal duties as a landlord and property owner. 9. During the Term hereof, Lessee shall have in full force and effect commercial general liability Insurance with respect to Lessee's use of the Property and the activities and operations of Lessee on the Property, with a limit for bodily injury, death, property damage and personal injury of not less than One Million and NO/Dollars ($1,000,000.00) per occurrence. Two Million and NO/Dollar ($2,000,000) general aggregate. A certificate of insurance shall be delivered to Lessor evidencing the coverage required herein prior to commencing any activity on the Property. Lessee' shall include Lessor and Lessor's property manager, Power Property Consultants, Inc., as additional insureds on the policy. 10. Lessee may not assign its rights hereunder without first obtaining Lessor's approval, which may be granted or withheld in Lessor's sole discretion. 11. This Agreement shall constitute the -entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. No alteration, modification, amendment, or waiver hereto shall be valid unless evidenced by a writing signed by both parties hereto. 12, Lessee shall not permit the roads or any driveways, sidewalks or other rights -of -way adjacent to the Property to be obstructed or disturbed in connection with the use of the Property. 13. 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 S #218 Federal Way, WA 98003 Attn: John Hunt Tel: 253-214-2122 LICENSEE: Federal Way Police Department Attention: Commander Raymond Bunk 33325 8th Ave S Federal Way, WA 98003 Tel. 253-835-6746 14. The failure of either party to this Agreement to insist upon the performance of any of the items and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 16. This Agreement may be executed in one (1) or more counterparts, all of which taken together shall constitute one (1) instrument and constitutes the entire Agreement between the parties as to the subject matter herein described. 17. Lessee has Inspected the Property and accepts the space in its current state "as -is." Lessee, at Lessee's sole cost, will be responsible for an improvements, repairs and maintenance in the Property during their tenancy. 18. Lessee, at Lessee's sole cost, may install signage. Lessor will review and approve signage and proposed location prior to signage Installation. At the end of the tenancy, whether by natural or early termination, Lessee, at Lessee's sole cost, will have the signage removed and the impacted area returned to its condition prior to signage installation. 19, Lessee is granted a non-exclusive license to use the designated parking areas for police vehicles. In the Project for the use of motor vehicles during the term of this Agreement. Lessor reserves the right at any time to grant similar non-exclusive use to other tenants, to promulgate rules and regulations relating to the use of such parking areas, including reasonable restrictions on parking by tenants and lessor. The Parties agree that two parking stalls, the selection of which is to be mutually agreed upon by the Lessor and the Lessee, will be designated as police use only. These stalls will be located for maximum visibility to the adjacent streets and transit center and may have a marked patrol car present at certain times to deter criminal activity. Any and all costs associated with markings or signage for these designated spaces will be borne by the Lessee. IN WITNESS WHEREOF, Lessor and Lessee have executed this agreement as of the date indicated below. LESSEE: CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: LESSOR: BALLI ROAD, LLC Patrick W. Rhodes, Manager STATE OF WASHINGTON ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney ss. COUNTY OF!. , On this day personally appeared before me J1 l r � �� 1��' � S to me known to be the e of fy•. I i r _ '='6 t•' , that executed the forfa g ng instru nt, and acknowledged the said instillment 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 m band and official seal this ��1 � y � day of . Qri bfh , 20,�. `y1111lIgl+!! 0" RfCk !'�''� Notary's signature .o6i42 ',' Notary's printed name r��,I Notary PubLi� in and for the state of aIiington. �4 _ My cominission.expires G .z% pva �'•.�rE OF �p..•a.•' COUNCIL MEETING DATE: January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES POLICY QUESTION: Should the police department enter into a professional services agreement with the Humane Society for Tacoma and Pierce County? COMMITTEE: PRHS&PSC MEETING DATE: Jan. 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Case Jones DEPT: PD ............... _.._._._.. Y...... _ Attachments: 1. Staff Report 2. Proposed agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: #1 MAYOR APPROVA�Wl�liitia]/Dite DIRECTOR APPROVAL: � mr1 tl' )at. COMMITTEE RECOMMENDATION: "I move to forward the proposed Humane Society Agreement to the January 19, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Humane Society Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITYCLERK'.S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Professional Services Agreement with the Humane Society for Tacoma and Pierce County Financial Impacts: The following is a summary of the financial impacts of this six -year professional services agreement between the City and the Humane Society of Tacoma and Pierce County: The annual base cost to the City for 2021, 2022, and 2023 will be $76,000 per year. In 2024, an increase of COLA plus 1 % will be applied. COLA is defined as the annual average of the Seattle -Tacoma -Bellevue metro area CPI-U as determined by the Bureau of Labor Statistics. The same formula will be applied to 2025 with an annual COLA plus 1 % increase and again in 2026 with a further COLA plus 1 % increase. Since 2011 the CPI has been between 1.2 and 3.2 each year. Also, the Society will retain all pet license fees. There are also additional charges for impounded or quarantined animals held over three days: The first three days are covered under our flat rate agreement and then after three days, board will be charged to City at the rate of $26.50 per day in 2021, $27.30 per day in 2022, and $28.10 per day in 2023. From 2024 through to 2026 the rates will increase each year by COLA plus 1 %. Background Information: Our Animal Services Unit has contracted with the Humane Society since the inception of our Animal Services Unit in 2011. The City uses the Humane Society for stray animals, impounded animals, disposal of unclaimed animal carcasses, and for licensing services. The Humane Society plays a vital part in reuniting lost animals with owners, in adopting found animals with their forever families, and in animal abuse investigations. They hold our animals that have been quarantined due to an attack and they have holding areas for animals that have been declared vicious or dangerous. The police department explored alternatives to the Humane Society but ultimately recommends continuing our relationship with them. By continuing our relationship with the Humane Society, the people and animals of Federal Way benefit from the continuity and from the Humane Society's mission of enhancing animal welfare. Rev. 7/18 THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES The parties to this contract are the CITY OF FEDERAL WAY, a political subdivision of the state of Washington, hereinafter referred to as the "City of Federal Way," and THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY, a non-profit corporation formed and operating pursuant to RCW 16.52.020, hereinafter referred to as the "Society." The terms of this contract shall cover the period from January 1, 2021, through December 31, 2026. In consideration of the mutual benefits derived, the parties agree as follows: THE SOCIETY AGREES: (1) To furnish and maintain and to employ adequate staff for suitable shelter for the handling of stray, impounded, and unwanted companion animals turned over to the Society by the City of Federal Way or its residents. Companion animals are specifically defined as dogs, cats, domestic birds, domestic rabbits and small domestic rodents. Companion animals specifically exclude livestock (horses, cows, pigs, sheep, goats, fowl, etc.) venomous or dangerous reptiles and wild or exotic animals. Such facility shall include cat kennels and dog kennels, as well as facilities for the humane disposal of sick and injured companion animals. The facility will provide disposal (cremation) services for animals deceased upon arrival or during the time of sheltering. Impounded animals, awaiting disposition by the courts or held as directed by Animal Control will be held for a maximum of 3 days without additional charge. After 3 days, board will be charged to City of Federal Way at the rate of $26.50 per day in 2021, $27.30 per day in 2022, and $28.10 per day in 2023. From 2024 through to 2026 the rates will increase each year by inflation (defined as the annual average of the Seattle -Tacoma -Bellevue metro area CPI-U as determined by the Bureau of Labor Statistics) plus 1 % rounded to the nearest penny). (2) To keep the shelter staffed and open for the purposes of receiving companion animals and allowing such animals to be redeemed during regular business hours Monday through Saturday; PROVIDED THAT the Society shall establish and maintain 7- day per week, 24-hour per day access for City of Federal Way animal control officers to drop off companion animals or carcasses outside of normal shelter hours. It is understood that this does not include responsibility for care for sick or injured companion animals outside of normal shelter hours. (3) To provide licensing services for animals adopted or impounded at the Humane Society shelter whose owner resides within the City of Federal Way. The license service for impounded and adopted animals shall be provided during normal business hours, with no time limitation and shall also be provided by the Society in animal illness or injury conditions so as to expedite medical attention for the animal. The Humane Society shall maintain complete and adequate records of all licenses issued and shall provide a timely report to the City of Federal Way listing the name and address of the licensee and a description of the animal licensed. The Humane Society will retain 100% of every license sold and payments shall be made to the Humane Society. 1 (4) To provide orientation and training to City of Federal Way animal control officers and other City of Federal Way staff to the Society shelter and its admissions policies, practices and other Society operations as appropriate. (5) To maintain complete records of animals received and animals disposed of on behalf of the City of Federal Way and other entities with whom the City of Federal Way has contracted. The Society agrees to promptly make its records of investigations available for the City of Federal Way's inspection at reasonable times, and to furnish reports of the Society's activities to Federal Way, and to provide, within reason, such other data as the City of Federal Way requests and as may be inspected or requested by other entities with whom the City of Federal Way has contracted. This means the Society at such times and in such form as the City of Federal Way may require, shall furnish the City of Federal Way with periodic reports pertaining to the work and services undertaken pursuant to this Contract. The Society will make available to the City of Federal Way all work -related records and documents for inspection, or evaluation during normal business hours in order to assess performance, compliance and/or quality assurance under this Contract. The Society further agrees to fully cooperate with any civil or criminal investigations by the City of Federal Way and to make its employees available for interviews conducted in the furtherance of such investigations. (6) To provide access to computers for the City of Federal Way for Animal Control Officers to enter data into the database software for animals picked up by City of Federal Way Animal Control Officers. (7) To provide basic blood draw, fecal sample, lab tests and weight at time of admission for animals involved in cruelty investigation, per request of the City of Federal Way Animal Control Officers. This service will be offered for cases of 1 to 2 animals and may be repeated weekly as deemed necessary by the Veterinarian staff at the Humane Society. Cruelty cases involving 3 to 6 animals require advance notification in order to perform this service. Cases larger than 6 animals or animals needing detailed history and/or physical exams will be performed by an outside veterinarian of the City of Federal Way's choice. Costs associated with any lab tests and/or physical exams that are beyond the basic tests identified in this section will be billed separately to the City of Federal Way. (8) To procure and maintain comprehensive general liability insurance, and professional liability insurance with limits not less than $1,000,000.00 ($1,000,000.00 bodily and personal injury and property damage insurance). The City of Federal Way is to be named as an additional insured and such insurance as is carried by the Society is primary over any insurance carried by the City of Federal Way. In the event of a nonrenewal, cancellation, or material change in the coverage provided, 30 days' written notice will be furnished to the City of Federal Way prior to the date of nonrenewal, cancellation, or change. Such notice shall be sent to the City of Federal Way, Mayor's Office, 33325 8t" Ave S, Federal Way, WA 98003. The City of Federal Way has no obligation to report occurrences unless a claim is filed with the City of Federal Way, and the City of Federal Way has no obligations to pay premiums on such insurance. (9) To furnish equipment and supplies used in the performance of the Society's obligations arising from this contract, except equipment and supplies which the City of Federal Way expressly promises to furnish. (10) The Society agrees to hold harmless, indemnify and defend the City of Federal Way and its officers, officials and employees from any claim, liability, lawsuit or legal judgment arising from or out of the negligent or tortuous actions or inactions of the Humane Society in its performance of the activities and services set forth herein in this agreement to be performed by the Society. The Agreement to indemnify, defend and hold harmless the City of Federal Way by the Society shall not apply to any loss, claim, liability, lawsuit or legal judgment arising from the sole negligence of the City of Federal Way. (11) To allow City of Federal Way animal control officers to sanitize their vehicles in accordance with Society practices until the Society requires the sanitizing facility to be vacated for construction. The Humane Society will provide 90 days' notice if the area is to be vacated. (12) The Society agrees to comply with Title 16 RCW and Title 9 of the Federal Way Municipal Code. The Society will not release any animal except in full compliance with the municipal code. (13) Non-discrimination. The Society agrees to take all steps necessary to comply with all federal, state and City of Federal Way laws and policies regarding nondiscrimination and equal employment opportunities. The Society shall not discriminate in any employment action because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory, mental or physical handicap. THE CITY OF FEDERAL WAY AGREES: (1) To pay to the Society a total Base Compensation of $76,000 for 2021 and the Base Compensation for the years 2022 and 2023 will remain the same at $76,000. The Base Compensation amount will be paid monthly as 1/12th of the annual contract costs, or $6,333.33 per month for 2021 through to the end of 2023. Additional charges beyond the Base Compensation may accrue as otherwise set forth in this Agreement. In 2024 a COLA plus 1% price increase will be applied to the Base Compensation with COLA being defined as the annual average of the Seattle -Tacoma -Bellevue metro area CPI-U as determined by the Bureau of Labor Statistics. The same formula will be applied to 2025 with an annual COLA plus 1 % increase and again in 2026 with a further COLA plus 1 % increase. 3 Monthly payments are due on or before the 10th of each month, with the final payment due by January 10 of the following year. Any payment in full over 60 days late may cause a suspension of service and will automatically be charged a 1 % penalty. (2) To allow the Humane Society to retain all adoption, impound, board, fines and other fees collected from the public for animals accepted into the shelter since the Society has factored retention of such fees into the cost of the contract. (3) To provide the Humane Society all licenses and licensing material for the City of Federal Way and other entities with whom the City of Federal Way has contracted. (4) The Society does not have emergency veterinary or intensive care facilities (ICU) and cannot provide overnight monitoring of animals. Animals needing emergency medical care, will be taken to an appropriate facility to be treated prior to booking with the Society. For the purposes of this contract, emergency medical treatment is defined as a level of care higher than the Society can provide, such as obvious broken bones, trauma, or other medical issues that would require intensive care and monitoring. Until the Humane Society accepts the animal, the City of Federal Way is responsible for all after-hours emergency medical treatment of any animal that the City impounds. (5) During hours that the Shelter is open, the Society normally has a veterinarian available to provide routine veterinary care; however, in the event that the Humane Society does not have a veterinarian available to provide routine veterinary care at the Shelter, any animals needing such care shall be the responsibility of the City of Federal Way. The Society shall immediately inform Federal Way Animal Control when the Society does not have a veterinarian available to provide routine veterinary care at the Shelter and the expected duration. The City of Federal Way is responsible for transporting the animal to the chosen veterinary clinic and to the Humane Society once the animal is stabilized. The Society will use commercially reasonable efforts to obtain routine veterinary services for the Shelter during the life of this Agreement. (6) The City of Federal Way animal control officers will not bring known feral cats to the Society unless they can be neutered and returned to field. It is accepted that stray cats frequently cannot be identified as true strays or feral cats and this clause only relates to known feral cats and/or members of feral cat colonies. On the same principle the Society cannot accept feral cat colonies that cannot be returned to field following spay/neuter surgery as the only options would be euthanasia and it would therefore be more humane to leave the feral cats where they are. (7) The City of Federal Way animal control officers will completely and accurately perform the data input required for shelter admission as well as scan each animal for microchips. The Society will provide the necessary training for the computer intake requirements. The Society will create the shelter admissions policy and provide it to the City of Federal Way. m (8) To hold the Society harmless from any damages or attorneys' fees or costs incurred by the Society, as a result of litigation which (a) names the Society and (b) involves a City of Federal Way ordinance that is declared illegal or unenforceable and upon which the Society relied in the performance of its obligations under this agreement. MUTUAL COVENANTS AND UNDERSTANDINGS — both parties hereto agree to the following conditions: (1) All persons employed by the Society to perform its obligations under this contract shall be employees of the Society and not of the City of Federal Way with the proviso that the Society may from time to time have to use contract veterinarians. (2) Either party can terminate this contract upon 180 days' written notice; Provided that either party may terminate upon 60 days' written notice for breach of any material clause herein. To facilitate timely renewal or termination, the parties agree to commence negotiations for the 2027 to 2029 contract by August 1, 2026, and to gather and provide to each other all pertinent data reasonably necessary to meaningfully negotiate. (3) Modification. This instrument constitutes the entire Agreement between the parties and supersedes all prior agreements. No modification or amendment shall be valid unless evidenced in writing, properly agreed to and signed by both parties. In the event either party shall desire to renegotiate any provision of the agreement, the party shall provide 90 days' notice to the other party. The notice shall identify the provision or provisions to be renegotiated, the requested changes, and shall state the reasons for the request. The party receiving the request shall respond in writing on or before the end of the 90-day period. (4) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre -paid and addressed to the party at its address as stated in this Agreement or at such address as any party may designate at any time in writing. Notice of Monthly Billing and Licenses issued shall be e-mailed to: ATTN. Casey Jones case . 'ones cityoffederalway.com CC: Suzanne Mortell and Lynette Allen suzanne.rnortell cityoffederalway com 1 nette. allen cit offederalwa . com Notice to Municipality shall be sent to: City of Federal Way Mayor's Office 33325 8t" Avenue S Federal Way, WA 98003 Notice to the Society shall be sent to. - Stuart Earley, CEO 2608 Center Street Tacoma, WA 98409 (5) Litigation Costs and Fees. In the event of litigation concerning the terms of or performance under this Agreement, each party shall bear its own costs and attorneys' fees. (6) Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. (7) Signatures. Each signer below represents that they have the legal authority to enter into this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same agreement. The parties agree that scanned, faxed, PDF, or electronic signatures will have the same force and effect as original hand-written signatures. For purpose of this Agreement, "electronic signature" means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record. End of Agreement. Signature page immediately following. A I9Lr111219] THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY Stuart Earley, CEO DATED: CITY OF FEDERAL WAY Jim Ferrell, Mayor Stephanie Courtney, CIVIC City Clerk Approved as to form: J. Ryan Call, City Attorney 7 COUNCIL MEETING DATE: January 19, 2021 ITEM #: 5k CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE SERVICES AGREEMENT WITH COMMONS MALL POLICY QUESTION: Should the City renew the services agreement with the Commons Mall to provide on -site police services in 2021 and 2022? COMMITTEE: PRHS&PSC MEETING DATE: Jan. 12, 2021 CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: Commander Cas ❑ Ordinance ❑ Resolution Jones ❑ Public Hearing ❑ Other DEPT: PD Attachments: Staff Report Services agreement for the Commons at Federal Way police services Options Considered: 1. Accept the recommendation to approve the agreement. 2. Reject the recommendation to approve the agreement. MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL: +> DIRECTOR APPROVAL: j i•-q /��' �xa Cnm iittee Council 0" pflfinfff%lw. Initial/Date fnilial!❑ute COMMITTEE RECOMMENDATION: I move to forward the proposed Commons Mall Agreement to the January 19, 2021 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Commons Mall Services Agreement, effective 01-01- 2021 through 12-31-2022 with a total compensation of $344,214.04 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 4 CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: 2021 to 2023 police services contract with the Commons Mall Financial Impacts: The revenue to the City for providing police services to the Commons Mall will be $171,846.82 in 2021 and $172,367.22 in 2022. Funding from our agreements are credited to the PD budget line 001-0000-090-342-10-001 in monthly installments. Background Information: The Federal Way Police Department has partnered with the Commons Mall since our inception; we currently have three police officers with fulltime positions at the mall. Our officers' number one responsibility at the Commons Mall is to protect people from harm. The officers also work with the Commons staff and stakeholders to foster a safe and friendly environment. They also develop crime related problem -solving strategies with management of the Commons and the vendors at the mall. They respond to in - progress and prior crimes, take enforcement actions, conduct follow-up investigations, and they provide training to store employees on how to file online police reports. This is a highly visible position and our officers have positive interactions with mall visitors at special events such as the farmers market, car shows, and holiday events. The term of this Services Agreement is for two years, commencing January 1, 2021 and ending December 31, 2022. Rev. 7/18 CITY OF CITY HALL ^�. 33325 Avenue South • Box 9718 Fe d e ra I Way Federall Way, WA 98063-971818 (253) 835-7000 wvw cityoffederal way. com SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MGP XI Commons FW, LLC, a Delaware limited liability company ("Owner"), Owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do business at the below addresses: MGP XI COMMONS FW, LLC: 1928 S. Commons Suite B Federal Way, WA 98003 253-275-6090 er. com The Parties agree as follows: CITY OF FEDERAL WAY: Andy Hwang, Chief of Police 33325 8a' Ave S Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) L�vnette.allen@cityoffederalway.com 1. SERVICES. The city shall perform the services more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Services"). 2. TERM. The term of this Agreement shall be for two years commencing on January 1, 2021. 3. TERMINATION. Either Party may terminate this Agreement, with or without cause, upon providing the other Party thirty (30) days written notice at its address set forth at the beginning of this Agreement. Either Party may terminate this Agreement immediately if the other Party defaults or materially breaches the Agreement. 4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost of the salaries and benefits of each officer assigned to the Property for the time periods that they are assigned there. The numbers of hours and total rate shall be as outlined in Exhibit " B" attached hereto and incorporated by this reference ("Compensation"). The city shall invoice, and the Owner shall remit one -twelfth of the total yearly compensation monthly. From time to time, the Parties may agree on any adjustment in rates. 5. INDEMNIFICATION. 5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the city, its elected officials, officers, employees, agents, representatives, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorneys fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner, except for that portion of the claims caused by the city's sole negligent or intentional acts, errors, or omissions. 5.2 City Indemnification. The city agrees to release, indemnify, defend and hold the Owner, its officers, directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent SERVICES AGREEMENT - I - CITY OF CITY HALL �� Feder Avenue South • Box 9718 a Federall Way, WA 98063-9718 18 (253) 835-7000 www cityoffederalway.com caused by the negligent or intentional acts, errors, or omissions of the city, except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errors, or omissions. 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. Both parties agree to carry as a minimum general liability insurance in the amount of at least $1,000,000 single limit and $2,000,000 aggregate, including property liability. Both parties shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at the other parry's request, furnish the other party with copies of all insurance policies and evidence of payment of premiums or fees of such policies. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. CONFIDENTIALITY. All information regarding the city obtained by the Owner in the performance of this Agreement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If the city notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the Owner's responsibility to make a determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner must obtain the injunction and serve it on the city before the close of business on the tenth business day after the city sent notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the city has notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the city with that injunction by the close of business on the tenth business day after the city sent notice, the city will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Owner must not take any action that would affect (a) the city's ability to use goods and services provided under this Agreement or (b) the Owner obligations under this Agreement. The Owner will fully cooperate with the city in identifying and assembling records in case of any public disclosure request. 8. INDEPENDENT CONTRACTOR. The Parties intend that the city shall be an independent contractor and that the city has the ability to control and direct the performance and details of its work, the Owner being interested only in the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay city sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. 9. GENERAL PROVISIONS. 9.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement, and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof, and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 9.2 Assignment and Beneficiaries. Neither the Owner nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning Party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect, and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. SERVICES AGREEMENT - 2 - CRY OF CITY HALL Federal Way Feder Avenue South • Box 9718 Federall Way, WA 98063-9718 18 (253) 835-7000 www ci tyoffederal way. com 9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the notice's addressee or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or by statute. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party to declare one breach or default does not act as a waiver of the city's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all ofthe Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] SERVICES AGREEMENT - 3 - CITY or CITY HALL F ` d e ra l ■ � ■ay 33325 Avenue South • Box 9718 Gp �V■lYl Federall Way, WA 98D63-971818 49�A:�L (253) 835-7000 www cityoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim Ferrell, Mayor DATE: MGP XI COMMONS FW, LLC By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC 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 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires SERVICES AGREEMENT - 4 - CITY OF CITY HALL ra 11!I!a Feder Avenue south • Box 9718 Q d e Federall Way, WA 98063-9718 18 �/ y (253) 835-7000 www cityoffederalway.com EXHIBIT "A" SERVICES 1. For the years 2021 and 2022, the city will provide Contract Officers for a total of ten (10) ten-hour shifts per week. The actual days of the week and hours will be agreed upon by the Owner and the City based on the needs of both parties. 2. The city will provide to the Property three (3) full time, experienced police officers ("Contract Officers") to provide security (in addition to other policy duties) for the Property, its businesses, tenants, and customers. The Contract Officers will work in conjunction with private security or other police agency representatives employed by the Owner at the Property or any of the Property's stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility, and police services. Contract Officers will lose no benefits, assignment, training, or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments, but maybe rotated to address City needs or Owner interests. 3. The Property will be considered by the city as a mini -beat within the general geographical dispersal structure of the city, placing it as a section within a regular beat. The regular beat officer, in which the Property mini -beat exists, will provide presences and response capabilities consistent with general beat management strategies. The Property's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security staff or agency representatives in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in this Agreement. 4. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the city, other officers will be dispatched as in the resolution of any similar matter through the city. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation general assignment officers will relieve the Contractor Officers to allow them to resume the Contract Officer duties as soon as practical. 5. The city will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Federal Way Police Department and the City. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment, and will adhere to departmental policies and procedures. Contract Officers will be in uniform during duty hours and will be provided with regularly used police equipment including vehicles and radios. The city may at its option also provide bicycles, computers, or other equipment. 6. The Owner may provide office space, a public access kiosk, or other facilities. Property Management may coordinate the security efforts of the Contract Officers on a day-to-day basis, consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that in the event of a conflict between any direction from the Owner or its agents and the City, the City direction shall control. 7. Contract Officer absences due to illness, time off, or training will be replaced by general assignment police officers, to maintain a continuity of coverage, when the absence will result in no Contract Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit B - Compensation, and may be reduced based on the actual level of service provided by the City and the actual level of compensation actually provided by the Owner to the City. Specific hours of coverage will be established by the city in conjunction with the Property management. SERVICES AGREEMENT - 5 - CITY OF CITY HALL Federal Way Feder Avenue South • Box 9718 Federall Way, WA 98063-971818 (253) 835-7000 www.. cityoffederalway.. com EXHIBIT "B" COMPENSATION For 2021, the total cost of 100 shift -hours per week of the assigned Contract Officers is Three Hundred Thirty - Four Thousand Six Hundred Ninety -Three and 64/100 Dollars ($334,693.64). The Owner will pay half of this cost, totaling One Hundred Seventy -One Thousand Eight Hundred Forty -Six and 82/100 Dollars ($171,846.82) in monthly installments. For 2022, the collective bargaining unit representing Federal Way police officers, including the contract mall officers, is expected to be working under a new CBA that will likely include cost of living adjustments (COLA). In August of 2018, the COLA for the last 12 months was 3.0%. Using 3.0% as an estimate for 2022 makes the total cost of 100 shift -hours per week of the assigned Contract Officers is Three Hundred Forty -Four Thousand Seven Hundred Thirty -Four and 45/100 ($344,734.45). The Owner will pay half of this cost, totaling One Hundred Seventy -Two Thousand Three Hundred Sixty -Seven and 22/100 Dollars ($172,367.22) in monthly installments. SERVICES AGREEMENT - 6 - Insurance Authority RO, Box 88030 1 /7/2020 'hihvlla, WA 98138 Phone. 20(, 575-604G Fax: 70(;-57 5.74 u wwv"wciapoot.or�"" Ref#: 12597 MGP XI Commons FW, LLC and Merlone Geier Managmenet, LLC Attn: Jessica McMurrin - Federal Way 425 California St., 10th Floor San Francisco, CA 84014 Re City of Federal Way Police Substation at Mall and Policing Services Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self -insured pool of over 155 public entities in the State of Washington. WCIA has at least $4 million per occurrence limit of liability coverage in its self -insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. Liability coverage includes general liability, automobile liability, stop- gap coverage, errors or omissions liability, employee benefits liability and employment practices liability coverage. WCIA was created by an interlocal agreement among public entities and liability is self -funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an additional insured. Sincerely, Rob Roscoe Deputy Director cc: Ryan Call ------ 114 ACUJRJo CERTIFICATE OF LIABILITY INSURANCE DATEIMWb01YYYY) 12/31/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) musl be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate dues not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COUI T Cathy Fleck NAMELeavitt Group Northwest PHONE NC.u_Ext1. (900) 726-8771 FAX(AMNal: 1e86I Ys I -else I PO Box 65770 ADpRIEgy, Cathy—E3eek[tleavitt. com INS URERISIAfFORDiNG COVERAGE NAIC X University Place WA 98464 INSURERA;Argonaut insurance Company 19801 INSURED INsuRER B :Arch Insurance Company 11150 City of Federal Way fusuRERc 33325 Bth Ave S INSURER 0: Tonia Proctor ARM INSURERE, Federal Way WA 98003-6325 i INSURER F: COVERAGES C'FRTIFIrATI~ h1IIMRFR-IR-19 GL MASTRR or11lcrna1 ailraabenf_ INS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIGD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUER YR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP fMMIBO= I ISAM"Eloryyyyl UNITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 10, 000, 000 A CLAIAIS•M,41UE X .00CUR - . DAMAGE TO RENTED � PREMISES (Eaoca..rronce) � S X 2902013 O4 12I31/2018 12/31/2U19 MED EXP (Any one mson) S Excluded PERSONAL A ADV INJURY S 20,000,000 GE IN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 10,000,000 �Rn X POLICY Jp•;; LOC ' - : PRODUCTS-COMPIOP AGG 3 l0,0o0,00G Pubic OffraauE&0 ,$ 10,000,000 • AUTOMOBILE UABILITY r (EIq INLU I Q I: LIMt S 10, OOO , O00 A ANY AUTO - BODILY INJURY (Per person) S AOLbTJEO SCHEDULED 29C2013•DS ' AUTOS � AIJTOS '12/31/2C1B 12/31/2019; BODILY INJURY(Per a don1 S i NON-OVdJE❑ HIRED AUTOS AUTOS PROPERTY DAMAGE (Par acc dedt S g{R 5 250,000 UMBRELLA UAB X OCCUR EACH OCCURRENCE �S 10,000,000 B X EXCESS UAB CLAIMS,RIADE ' AGGREGATE S 10,000,000 r 0XP:015910 01 n-_LI PC: r►-NTInN s 12/31/2018,12/31/2019 IS A WORKERS COMPENSATION I ( j ' O H• X AND EMPLOYERS* LIABILITY Y 114 S�ATLLTE ' ER =.r;v'rR,,;17ETQR:FA?T!l�RtEYt_:Ifl\� NIA 2932013-04 12/31/2018 12/31/2019i EL EACH ACCIDENT 1 1,000,000 ;Mandatory In NH) Stop Gap EL DISEASE EA EMPLOYEES 1,000,000 If ves 001— , "M� vr . DI SI;RIPTlC.V OF ❑PER6710'15 tr• :n I I. i E L DISEASE -POLICY LIMIT 3 1 0D0 . D00 DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schodufe, may be attached If mom spice is nqulndl RE: Police Substation at Mall and Policing Services - MGP XI COMMONS FW, LLC and Merlone Geier Management, LLC are additional insureds per terms and conditions of form GLRIO 002 04 13 attached MGP XI COY-MONS EW, LLC L Merlone Geier Management, 425 California St. l San Francisco, CA 94107 f L,0ANL,=LLHI IVIV -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN LLC ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025;::r r: COUNCIL MEETING DATE: January 19, 2021 ITEM #: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ATS VERRAMOBILITY TRAFFIC SAFETY CAMERAS POLICY QUESTION: Should the City enter into another Professional Services Agreement with ATS VerraMobility for traffic safety cameras? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Jan. 12, 2021 Council Committee - (PRHS&PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Case Jones DEPT: PD Attachments: 1. Staff Report 2. Proposed agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL: v DIRECTOR APPROVAL: Ca ntcc Cann Initial/Date Initial/Dxle COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the January 19, 2020 consent agenda for approval. " Committee Chair Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute 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 — 11 /2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: American Traffic Solutions/Verra Mobility Professional Service Agreement Photo Enforcement Program Financial Impacts: Our existing program with American Traffic Solutions (ATS) is working well. We are confident that the contract with ATS is appropriate and the fees are reasonable. The reported revenues and fees are closely tracked by our Finance Department. With eleven cameras currently installed, the program continues to be 100 percent violator funded. Background Information: Traffic safety is a high priority for the Police Department and through our Red -Light Photo Enforcement (RLPE) program, we have been using traffic cameras with traffic control devices at intersections and school zones. Through statistical data review, this technology has shown the ability to improve and further enhance traffic safety in multiple locations around the city. The photo -enforced intersections and school zones were chosen by the Police Department as the locations of the highest incidents of red-light running and school zone speeding. As shown by the reduction of the number of traffic infractions over the life of the program, the inference can be made that the photo enforcement program is having the desired effect — drivers are slowing down in school zones and stopping at red lights at monitored intersections. Good driving behavior, evidenced by motorists obeying traffic laws, is much more prevalent with the onset of our photo enforcement program. The Federal Highway Administration (FHWA) and the National Highway Traffic Safety Administration (NHTSA) maintains that "A comprehensive approach to intersection safety incorporates engineering, education, and enforcement countermeasures to prevent red- light running and improve intersection safety. Red-light camera systems can be a very effective countermeasure to prevent red-light running." (Red -Light Camera Systems Operational Guidelines, FHWA, January 2005.) Photo enforcement technology does not replace traditional methods of traffic enforcement. Rather, it serves as a supplement to traditional traffic enforcement techniques, in addition to educational and engineering efforts designed to enhance traffic safety. The Police Department will continue to measure and Rev. 7/18 evaluate the effectiveness of the red-light photo enforcement program with regard to safety, traffic flow, and motorist compliance with traffic control devices. Proposal Our current Professional Services Agreement with ATS expires December 31, 2020. We recommend council approval to enter into a new five-year contract with American Traffic Solutions for a term that starts on 01-01-2021 and runs through 12-31-2025. This Agreement would automatically extend for a subsequent one-year term; provided, however, that either party may terminate this Agreement at the expiration of any term by providing written notice of its intent not to extend the Agreement one hundred twenty (120) days prior to the expiration of the then -current, making the contract persist until 12-31-2026. Our RLPE program is achieving the desired voluntary compliance results we anticipated. Below is an excerpt from 2019 traffic report. The statistics show that the number of collisions has decreased when compared to years before the installation of cameras and when compared to the first years of cameras in 2008 and 2009. "The following data compares the number of collisions occurring in all RLPE intersections prior to and after the implementation of the program. Year S 348`h/Enchanted Pkwy S S 320`h/Pacific Hwy S S 312`h/Pacific Hwy S 2005 41 54 18 2006 44 58 26 2007 38 35 19 20081, 33 48 32 2009* 49 52 23 2010 20 33 18 2011 26 22 20 2012 26 22 24 2013 21 11 22 2014 18 12 23 2015 _I- — 14 8 2016 10 11 2017 16 15 2018 26 16 2019 29 27 19 23 12 33 26 * Because 2008 and 2009 were inception/expansion years for the program, the most accurate comparison is reflected during the "fully operational" years of 2010 and later. # Collision statistics starting in 2014 are now complied solely using the SECTOR (Statewide Electric Collision & Ticket Online Records) database" Rev. 7/18 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement includes the attached Exhibits ("Agreement") and is made by and between American Traffic Solutions, Inc., doing business as Verra Mobility, ("Verra Mobility") and the City of Federal Way, Washington ("Customer"). WITNESSETH: WHEREAS, Customer desires to maintain a photo enforcement program to enforce traffic violations (the "Program") in accordance with RCW 46.163.170 and FWRC 8.05.090; WHEREAS, public convenience and necessity require the Customer to retain the services of Verra Mobility which has photo enforcement implementation and operations experience and is a leading provider of photo enforcement systems with the Customer and across the country; and WHEREAS, Verra Mobility has the exclusive knowledge, possession and ownership of certain equipment already installed in the Customer, and has licenses, and back -office processes through an automated web -based Citation processing system (collectively referred to as the "AmisTNI System" or "Axsis") currently used by the Customer for its existing photo enforcement program; and WHEREAS, the Customer finds Verra Mobility is qualified to perform and is experienced in providing the required services; and WHEREAS, the Customer desires to engage Verra Mobility to provide traffic safety camera services, also known as photo enforcement services; and NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby admitted and acknowledged, the parties agree as follows: By signing below, the parties agree to the terms and conditions of this Agreement. Each individual signing below represents that such individual has the requisite authority to execute this Agreement on behalf of the entity which such individual represents and that all the necessary formalities have been met. ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. CITY OF FEDERAL WAY, WASHINGTON Name: Title: Date: Jim Ferrell, Mayor Date: ATTEST: Stephanie Courtney, CMC, City Clerk Date: APPROVED AS TO FORM: J. Ryan Call, City Attorney Date: This Agreement is effective on January 1, 2021. DEFINITIONS As used in this Agreement, die following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: `Approach".• One (1) direction of travel on a road or a traffic intersection including up to four (4) contiguous lanes and, if applicable controlled by up to two (2) signal phases, on which a Camera System may be installed upon the mutual agreement of the parties. `Axsis"or `Axsis System": The proprietary back -end system that processes Events and Violations, including the printing and mailing of Citations, the generation of evidence packages, and that provides system generated reports of Violation counts. "Business Hours": Eight (8) hours per day, Monday through Friday, excluding weekends and holidays. "Business Rules". The Business Rules Questionnaire to be completed by Customer and delivered to Verra Mobility setting forth the business rules for the implementation and operation of the Program. "Camera System" or "Camera": A photo -traffic monitoring device consisting of one (1) rear camera, strobe (if applicable), and traffic monitoring device (including the wiring associated with each) capable of accurately detecting a Violation on an Approach with one (1) to four (4) contiguous lanes, depending on the Camera System configuration, which records such data with one (1) or more images of such vehicle. "Camera System", where the context requires, also includes any enclosure or cabinet, wiring, and related appurtenances in which the equipment is stationed. "Camera System" may refer to either a Red Light Safety Camera System, or a Fixed Site School Zone Speed Safety Camera System depending on the context. "Change Order Notice' Written notice from Customer requesting changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement, setting forth in reasonable detail the proposed changes. "Change Order Proposal": A written statement from Verra Mobility describing the cost of the changes to the work or addition of products or services requested by Customer in a Change Order Notice. "Citation'! A citation, notice of violation, notice of infraction, notice of liability or equivalent instrument issued by a competent state, county or municipal law enforcement agent or agency or by a court of competent jurisdiction relating to a Violation documented or evidenced in Axsis. "Event" A potential Violation captured by the Camera System. "Fees": The amount payable by Customer to Verra Mobility for equipment, services, and maintenance as set forth in EXHIBIT A. "Fixed Site School Zone Speed Safety Camera System'! A Camera System that uses radar, or other vehicle detection technology, to capture the speed of a motor vehicle in a school zone and generates recorded images of a Violation, and is installed on a mutually agreed upon Approach. "Laws' all federal, state, or local, laws, ordinances, regulations, and orders. "Notice to Proceed'? Written confirmation from Customer that Verra Mobility may proceed with the installation of a given Camera System, a form of which is attached as EXHIBIT C. Page 2 of 21 "Owner": The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the motor vehicle department or the analogous agency of another state or country, including a lessee of a motor vehicle under a lease of six months or longer. "Person" or `Persons'. Any individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated association, governmental authority or political subdivision thereof or any other form of entity. "Photo Enforcement Infrastructure" the poles, foundation, conduit, and other below -grade infrastructure associated with installing Camera Systems. "Program Revenue": Any penalty, fine, funds, fees or costs paid by a violator for any reason related to any Violation. "Project Time Line's The initial schedule and timelines required to begin the implementation of Customer's project, as mutually agreed upon by the parties. "Red Light Safety Camera System": A Camera System that uses vehicle detection technology to capture a vehicle violating a red-light traffic signal and generates recorded images of a Violation, and is installed on a mutually agreed upon Approach. "System": A Camera System and the related Photo Enforcement Infrastructure. "Violation": A failure to obey an applicable traffic law or regulation, including, without limitation, failure to obey a traffic signal or operating a motor vehicle in excess of the posted speed limit. I. GENERAL TERMS AND CONDITIONS 1. Verra Mobility AGREES TO PROVIDE: The scope of work identified in EXHIBIT B, Section 1. 2. CUSTOMER AGREES TO PROVIDE: The scope of work identified in EXHIBIT B, Section 2. 3. TERM: This Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years from the Effective Date of this Agreement. This Agreement will automatically extend for a single one-year term if not cancelled or terminated by either party, but will not extend beyond six years without a new agreement being executed. However, Customer or Verra Mobility may terminate this Agreement at the expiration of any term by providing written notice of its intent not to extend the Agreement one hundred twenty (120) days prior to the expiration of the then -current term. 4. FEES AND PAYMENT: 4.1 Customer shall pay for all equipment, services and maintenance based on the fee schedule indicated in EXHIBIT A, Service Fee Schedule 1. 4.2 Invoices shall be in standard Verra Mobility format. 4.3 Customer shall pay all Fees due Verra Mobility based upon invoices from the preceding month within thirty (30) days of submission. Late payments are subject to interest calculated at 1.5% per month on open balances. Page 3 of 21 4.4 Verra Mobility's Fees will be fixed for the first term of this Agreement and if the Agreement is renewed unit prices may be increased annually, at the sole discretion of Verra Mobility, by the Consumer Price Index (CPI) according to the average change during the prior twelve (12) months in the CPI for All Urban Consumers (CPI-U) for U.S. Customer average, as published by the Bureau of Labor Statistics, U.S. Department of Labor for the Services category listed under Commodity and Service Group. 5. COMMUNICATION OF INFORMATION: Verra Mobility will comply with reasonable requests from Customer for information obtained by Verra Mobility through operation of the Axsis System. Verra Mobility reserves the right to assess a fee for such services if such information is requested by a third -party or if Customer could retrieve the information from the Axsis System without the assistance of Verra Mobility. Verra Mobility will not be under any obligation to provide information directly to non -Customer requesting parties. For any non -Customer requests for information Verra Mobility and Customer shall work collaboratively in a good faith effort to provide requested information in a timely manner, which good faith effort may include, but not be limited to, Customer's review and prior approval of Verra Mobility directly disclosing such information. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 6. CONFIDENTIALITY: No information given by Verra Mobility to Customer will be of a confidential nature, unless specifically designated in writing as proprietary or confidential by Verra Mobility ("Verra Mobility Confidential Information"). If, however, Verra Mobility does designate certain information as proprietary or confidential, Customer shall treat the Verra Mobility Confidential Information with the same degree of care and same restrictions as Customer treats its own proprietary and confidential information, but in no event with less than reasonable care and reasonable restrictions. Customer will use Verra Mobility Confidential Information solely in connection with its rights and obligations under this Agreement, and will not use Verra Mobility Confidential Informmation for any other purpose, including but not limited to any use to harm or injure Verra Mobility or in any other way detrimental to Verra Mobility. If Customer receives a request or becomes legally obligated or compelled (by deposition, interrogatory, request for documents, subpoena, civil investigative demand, other demand or request by a governmental agency, or the application of statutes, rules or regulations) to disclose any of the Verra Mobility Confidential Information, Customer will promptly provide Verra Mobility with written notice of such request or requirement before any disclosure, and will cooperate with Verra Mobility's reasonable efforts to obtain confidential treatment of the Verra Mobility Confidential Information. If a protective order or other confidential treatment is not obtained or if Verra Mobility waives its rights under this paragraph, Customer agrees to furnish only so much of the Verra Mobility Confidential Information as it is legally required to furnish and, where appropriate, to exercise its best efforts to obtain written assurances that confidential treatment will be accorded to the Verra Mobility Confidential Information. Customer will give Verra Mobility an opportunity to review the Verra Mobility Confidential Information prior to its disclosure, and Customer will allow Verra Mobility to participate in any related proceeding. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 7. OWNERSHIP OF SYSTEM: Under all circumstances, Verra Mobility shall retain ownership of all Camera Systems and the Axsis System provided for use by the Customer under the terms and conditions of this Agreement. In order to carry out the purposes of this Agreement, for the term of this Agreement, Verra Mobility grants Customer a non- exclusive, non -transferable right to use the Axsis System. On and as of the date of termination of this Agreement, Customer shall be deemed to accept and receive full ownership and control of the Photo Enforcement Infrastructure. Verra Mobility shall retain the ownership rights to all metadata, business intelligence, or other analytics obtained, gathered, or mined by Verra Mobility from the data captured by the Camera Systems and the ALPR Equipment. Furthermore, Verra Mobility has the right to use non -personalized and aggregated Program and Page 4 of 21 ALPR Solution data for its internal business purposes, analytics, statistical analysis, and to perform analyses which would further Customer's Program. 8. INDEMNIFICATION AND LIABILITY: 9.1 Indemnification by Verra Mobility. Verra Mobility agrees to indemnify Customer and its managers, officers, directors, employees, agents, representatives and successors (individually, a "Customer Party" and collectively, the "Customer Parties") against all liabilities, obligations, losses, damages, penalties and judgments (collectively, "Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to the negligence of, willful misconduct of, or material breach of this Agreement by Verra Mobility, which results in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except (i) to the extent caused by the negligence of, willful misconduct of, or material breach of this Agreement by any Customer Party or (i) any claim, action or demand (a "Claim") caused by Customer's failure to perform its obligations under this Agreement. 9.2 Indemnification by Customer. Customer hereby agrees to indemnify Verra Mobility and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors; permitted assignees and all Persons acting by, through, under or in concert with them (individually, an "Verra Mobility Party" and collectively, the "Verra Mobility Parties") against any and all Losses which may be imposed on or incurred by any Verra Mobility Party arising out of or related (i) the negligence of, willful misconduct of, or material breach of this Agreement by the Customer which results in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties) except (a) to the extent caused by the negligence of, willful misconduct of, or material breach of this Agreement by any Verra Mobility Party or (b) any Claire caused by Verra Mobility's failure to perform its obligations under this Agreement. Upon the termination of this Agreement, Customer agrees to indemnify Verra Mobility Parties against any and all Losses which may be imposed on or incurred by any Verra Mobility Party arising out of or related to any Claim related to the Photo Enforcement Infrastructure on the same terms as previously indicated in this paragraph. 9.3 Indemnification Procedures. In the event of any Claim in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the "Indemnified Party") shall give the party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof, provided, however, that failure to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim and no party shall have the right to enter into any settlement agreement that materially affects the other parry's material rights or material interests without such parry's prior written consent, which consent shall not be unreasonably withheld or delayed. 9.4 Limited Liability. In no event shall Verra Mobility's liability under this Agreement exceed the greater of $1,000,000 or the average of the prior twelve (12) months of Fees paid by Customer pursuant to this Agreement. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability, arising out of or relating to this Agreement. 9. INSURANCE: Verra Mobility shall maintain the following minimum scope and limits of insurance: 10.1 .Commercial General Liability insurance including cov..etage for bodily injury, property damage, premises and operations, products/completed. operations, personal and advertising injury, and contractual habilinr with a combined single limit of $1,000,000 per occurrence. Page 5 of 21 10.2 Workers' Compensation as required by applicable state law, and Employer's Liability Insurance with limits of not less than $500,000 each accident. Verra Mobility shall at all times maintain Worker's Compensation insurance coverage in the amounts required by law, but shall not be required to provide such coverage for any actual or statutory employee of Customer. 10.3 Comprehensive Business Automobile Liability Insurance for all owned, non -owned and hired automobiles and other vehicles used by Verra Mobility with a minimum $1,000,000 per occurrence combined single limit bodily injury and property damage. 10.4 Customer shall be named as additional insured on the comprehensive general liability policies provided by Verra Mobility under this Agreement. 10.5 Certificates showing Verra Mobility is carrying the above described insurance, and evidencing the additional insured status specified above, shall be furnished to Customer within thirty (30) calendar days after the Effective Date of this Agreement. 11. LIMITED WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, VERRA MOBILITY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO THE CAMERA SYSTEMS, THE COMMUNICATIONS DEVICES, THE AXSIS SYSTEM, OR ANY RELATED EQUIPMENT OR SOFTWARE, OR WITH RESPECT TO THE RESULTS OF THE PROGRAM. VERRA MOBILITY WARRANTS THAT ITS CAMERA SYSTEMS, THE AXSIS SYSTEM AND RELATED EQUIPMENT OR SOFTWARE ARE FREE FROM MATERIAL DEFECTS OR THIRD -PARTY CLAIMS AND SHALL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH VERRA MOBILITY'S DOCUMENTATION DURING THE LIFE OF THIS AGREEMENT. THE CUSTOMER ACKNO`VLEDGES THAT AT TIMES SUCH SYSTEMS AND RELATED EQUIPMENT AND SOFTWARE MAY MALFUNCTION OR OTHERWISE NOT OPERATE AS ANTICIPATED. VERRA MOBILITY SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A COMMERCIALLY REASONABLE AND TIMELY MANNER. 12. STATE LAW TO APPLY: This Agreement shall be construed under and in accordance with the laws of the State of Washington. 13. DISPUTE RESOLUTION: All disputes arising out of or in connection with the Agreement shall be attempted to be settled through good -faith efforts between senior management of both parties. Following thirty (30) days of unsuccessful negotiation, the parties shall participate in professionally -assisted mediation, with a mediator acceptable to both parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. 13.1 Failing resolution through negotiation or mediation, any remaining dispute shall be submitted to binding arbitration in accordance with the Arbitration Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association ("AAA Rules") before a single arbitrator. The place of arbitration will be mutually agreed upon within fourteen (14) days of a decision to seek arbitration. Limited discovery will be permitted in connection with the arbitration upon agreement of the parties and upon a showing of substantial need by the party seeking discovery. Page 6 of 21 13.2 The arbitrator's decision shall follow the plain and natural meaning of the relevant documents and shall be final and binding. The arbitrator will have no power to award: a) damages inconsistent with the Agreement; or, b) punitive damages or any other damages not measured by the prevailing party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. 13.3 All aspects of the arbitration will be confidential to the extend allowed by law. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as may be necessary to comply with legal or regulatory requirements. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 13.4 Each party will promptly pay its share of all arbitration fees and costs, provided that such fees and costs shall be recoverable by the prevailing party as determined by the arbitrator. If a party fails to pay such share promptly upon demand, the arbitrator shall, upon written request by the other party, enter a final and binding decision against the nonpaying party for the full amount of such share, together with an award of attorneys' fees and costs incurred by the other party in obtaining such decision, which decision may be entered in any court of competent jurisdiction. Except for the failure of a party to pay arbitration fees and costs that requires resort to the arbitrator to order such payment, the parties will bear their own attorneys' fees in any matter or dispute under this Agreement. 14. CHANGE ORDERS: Customer may request the addition of any products or services that Verra Mobility provides or other changes to the scope of work to be performed under this Agreement by providing a Change Order Notice to Verra Mobility. Upon Verra Mobility's receipt of the Change Order Notice, Verra Mobility shall deliver to Customer a Change Order Proposal. Following Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith regarding a plan and schedule for implementation of the proposed changes; the time, manner and amount of payment or price and any other matters relating to the proposed changes. Any Change Order Proposal mutually agreed to by the parties in writing shall be incorporated as an addendum to this Agreement. 15. TERMINATION: 15.1 Verra Mobility's services may be terminated: (i) By mutual written consent of the parties; or (ii) For material breach of this Agreement by either party, where the other party fails in any material way to perform its obligations under this Agreement. a) `there Customer is in breach of this Agreement for non-payment of Fees to Verra Mobility, Verra Mobility may exercise any or all of the following remedies: (1) provide Customer written notice and ten (10) days to cure before suspending performance and turning off the Camera Systems; (2) terminate this Agreement for cause where Customer's account remains delinquent sixty (60) days after written notice; and (3) in addition to the foregoing, seek any other available remedies at law or equity. b) Termination under this Subsection 15.1(ii) for any reason other than non-payment of Fees by Customer is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to cure the default within forty-five (45) days after receiving written notice. Page 7 of 21 (iii) In the event of termination by Verra Mobility under Subsection 15.1(ii) for breach by Customer (including non-payment of Fees), Customer shall pay Verra Mobility an early termination fee based on a price of $120,000 per Red Light Safety Camera System and $120,000 per Fixed Site School Zone Speed Safety Camera System amortized over sixty (60) months on a straight-line basis from the date the Camera System is first installed and operational. The amortization schedule for said costs shall be reduced proportionally for each month each Camera System is or was installed. (iv) Customer recognizes the substantial upfront costs Verra Mobility will incur to procure, provide and install Camera Systems. Customer therefore agrees that any Camera Systems that Customer authorizes through a Notice to Proceed shall remain installed and operational for the duration of the term, unless otherwise mutually agreed. Verra Mobility will bill a restocking or standby fee for any upfront costs associated with the Camera System(s), vehicle(s), or other equipment in the event Customer terminates or suspends a Notice to Proceed. 15.2 Upon termination of this Agreement, including because it has reached the end of its term, the parties recognize that Customer will have to process Events in the "pipeline". Accordingly, the parties shall take the following actions and shall have the following obligations, which survive termination during the wind -down period: (i) Customer shall cease using the Axsis System to capture Events. (ii) Unless it is unlawful to do so, Verra Mobility will, for a period of ninety (90) days, continue to process all Events captured before termination and provide all services associated with processing in accordance with this Agreement and shall be entitled to a monthly fee per Camera System. After such ninety (90) day period, Verra Mobility will terminate all use of the Axsis System for Customer's Program and upon such termination, the Axsis System, including violationinfo.com \vebsite, and related lock -box shall no longer be capable of accepting payments. (iii) Except as provided for in Section 15.2(iv) related to the Infrastructure, Customer shall return or allow Verra Mobility to recover all provided equipment within a reasonable time not to exceed ninety (90) days. (iv) Pursuant to Section 7, Customer shall be deemed to accept full ownership and control of the Infrastructure. Upon Customer's request or if otherwise required by law, regulation, or administrative agency, and subject to the limitations set forth herein, Verra Mobility shall remove the Infrastructure Verra Mobility installed in connection with Verra Mobility's performance of its obligations under this Agreement for the actual cost of the removal (presently estimated at approximately $5,000 per Approach) plus an additional 20% service fee (the "Removal Fee"). As part of the services performed for the Removal Fee, Verra Mobility shall restore the surface of Customer's property to substantially the same condition as such property was in immediately prior to this Agreement, except for foundation removal, which shall be left approximately flush with grade with no exposed bolts, or other hazards. Installed underground Infrastructure shall not be required to be removed, and Customer shall accept and observe any and all duties, obligations, or liabilities associated with the remaining foundation, conduit, or other below -grade Infrastructure. 15.3 In the event of termination by Verra Mobility for non-payment of Fees by Customer, Verra Mobility shall cease processing Events as of the date of termination. 16. LIMITED AGENCY: Customer hereby grants Verra Mobility the authority to act on its behalf as a limited agent of Customer, and shall cause the applicable laNv enforcement agency to grant Verra Mobility the authority to act as a limited agent of the law enforcement agency, for the purposes of (i) facilitating establishment and maintaining bank accounts and delivering payment/transfer instructions, if applicable; (ii) access to Department of Licensing records; and (iii) generating and administratively processing recorded images of Events as described in this Agreement and the Business Rules. Verra Mobility and its employees, contractors, agents and servants will Page 8 of 21 in no event be considered to be employees, agents (other than in the limited capacity described herein), or servants of Customer. This Agreement does not and shall not be interpreted as creating a general agency relationship between Verra Mobility and Customer. 17. USE OF SUBCONTRACTORS: From time to time, Verra Mobility may subcontract certain services provided under this Agreement without notice to or consent of Customer. All subcontractors will act in a way consistent with Verra Mobility's obligations under this Agreement. 18. DATA RETENTION: Subject to litigation holds, court orders, changes in law, or other legal requirements applicable to Verra Mobility, Verra Mobility shall maintain the categories of data set forth under the heading "Type of Record" for the periods of time set forth under the heading "Minimum Verra Mobility Retention Period" on EIZHIBIT E during the term of this Agreement. Within one hundred -twenty (120) days of the later of the termination of this Agreement or the termination of any wind -down period, Verra Mobility shall at its option either (i) place the Violation Images, Non -Violation Images, Individually Identifiable Violation Records, and Individually Identifiable Non -Violation Records (each as described on EIZHIBIT E), not previously disposed of in accordance with the data retention schedule at a secured location with SFTP access or (ii) provide Customer with a hard -drive containing the Violation Images, Non -Violation Images, Individually Identifiable Violation Records, and Individually Identifiable Non -Violation Records, where Customer shall have ninety (90) days to retrieve and validate the information. After ninety (90) days, Verra Mobility shall delete all data from the SFTP location (if applicable) and shall have no further data retention obligations to Customer with respect to such data. 19. ASSIGNMENT: Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. However, for business financing purposes or other corporate reorganizational purposes, Verra Mobility may sell, assign, transfer or convey any interest in this Agreement in whole or in part without the written consent of Customer. 20. FORCE MAJEURE: Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, hurricanes, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or governmental authorities approval delays which are not caused by any act or omission by the parties. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. For the avoidance of doubt, road construction witivn the control of the Customer is not an event of Force Majeure. The term of the Agreement shall be extended by a period equal to that during which either patty's performance is suspended under this section, but in no event past six years from the start date. 21. TAXES: At the time of execution of this Agreement, it is the understanding of the parties that Verra Mobility's services provided hereunder may be subject to federal, state or local taxes including but not limited to excise, sales, use, property or similar taxes or charges. Customer agrees to reimburse Verra Mobility for any such tax or charge if charged against Verra Mobility, and such reimbursement may be paid from Program Revenue retained by the Customer after payment of Verra Mobility fees as set forth in Exhibit A. Such taxes or charges will be invoiced at any time once incurred. 22. NOTICES: Page 9 of 21 Any notices or demand which, under the terms of this Agreement or under any statute, that must or may be given or made by Verra Mobility or Customer shall be in writing and shall be given or made by personal service, first class mail, Federal Express, or by certified mail to the parties at the following addresses: City of Federal Way 33325 811, Ave. S. Federal Way, WA 98003 Attn: Andy J. Hwang, Chief of Police 23. LEGAL CONSTRUCTION: American Traffic Solutions, Inc. 1150 North Alma School Road Mesa, Arizona 85201 Attn: Legal Department In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. This Agreement shall be enforced to the maximum extent possible so as to give effect to the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable herein. 24. AMENDMENTS TO THE AGREEMENT: Any changes, modifications or amendments to this Agreement shall be in writing and signed by both parties. 25. INTEGRATION: This Agreement constitutes the sole and only agreement of the parties and supersedes any prior or contemporaneous understanding, written or oral, between the parties respecting its subject matter. 26. SURVIVAL: The following provisions of the General Terms and Conditions shall survive the termination of this Agreement: Sections 5, 7, 8, 9, 11, 12, 13, 15, 16, 18, 20, 21 and this Section 26. 27. ADDITIONAL PRODUCTS AND SERVICES: During the term of this Agreement, Customer may desire to add existing products and services offered by Verra Mobility or time -to -tune Verra Mobility may propose certain new technologies for Customer to consider and, if so desired, Customer may procure from Verra Mobility the existing products and services, or new technologies, through an amendment to this Agreement upon terms to be mutually agreed upon. 28. PILOTS: From time to time, at the mutual agreement of the parties, Verra Mobility may pilot existing Verra Mobility products and services or products and services that are under development by Verra Mobility or its current or future subcontractors and vendors (each a "Vendor"). During any pilot pursuant to this Section 28, registered owner information shall not be used and no Events will be issued as Citations and no mailing of warnings or Citations will occur. Customer expressly acknowledges that Verra Mobility is under no obligation to retain for any period of time any data produced by any pilot systems. Verra Mobility may request Customer or its employees to provide feedback on the use, quality, viability, features, functionality, or desirability of pilot systems ("Customer Feedback"). All data, drawings, plans, specifications, blueprints, studies, reports, memoranda, computation sheets, computer files and media or other documents prepared or generated by Verra Mobilin- or a Vendor or a pilot systems in connection with any pilot shall remain the property of Verra Mobility (the "Pilot Data"). To the extent that such Pilot Data is provided to Customer, Verra Mobility grants to Customer a limited, personal, nonsublicensable, nonexclusive license to use the Pilot Data, solely for evaluation and statistical purposes. Actual program performance may vary from pilot performance. Customer acknowledges and agrees that the terms of this Agreement, exeeptforSections 7, 9, 10, 12, 13, 17, 20, 22 and this Page 10 of 21 Section 28, shall not apply to any such pilot. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 29. EXECUTION: This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute one and the same Agreement. The exchange of copies of this Agreement and of signature pages by facsimile or ".pdF' transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or ".pdF' shall be deemed to be their original signatures for any purpose whatsoever. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; EXHIBITS ON FOLLOWING PAGES] Page 11 of 21 EXHIBIT A SERVICE FEE SCHEDULE 1.0 Description of Pricing Fees are based on per camera and are as follows: Product Description Fee* 1-4 Lane Red Light Safety Camera System — the parties shall mutually agree on the Fixed Fee per Month per Camera Mont M number of Camera Systems to be installed. System,, $4,750 Fixed Fee per 1-4 Lane Fixed Site School Zone Speed Safety Camera System — the Parties shall Month per Camera mutually agree on the number of Cameras Systems installed. System Subsequent Notices Mailing Fee — For any additional notices sent by first class 00 per page per mail required by the Customer or required by law in excess of the standard set of notices as described in Subsection 1.2.3 of EXHIBIT B, Verra Mobility will charge notice notice the Customer a Subsequent Notices Mailing Fee. Video Retrieval Fee: Verra Mobility shall retrieve up to one (1) video per week at For all additional video retrievals, the no cost to Customer. fee is $10.00 each. Service Fees: All selvice Fees per Camera System above includes all costs required and associated with a Camera System installation, routine maintenance, use of Axsis System for back -office operations and reporting, Event processing services, DMV records access, first class mailing of Citations with return envelope, first class mailing of second notice (as needed), lockbox and epayment processing (excluding user convenience fee, which is paid by payor), IVR call center support for general Program questions and public awareness Program support. Any required certified mail, or other special mailing, is not included and the fee is extra and will be billed per unit as published by the US Postal Service. 2.0 Omional Cnli tiun Services: Verra Mobility's designated collection's subcontractor may initiate collection efforts of delinquent notices upon written request by Customer, so long as collection of said recovered revenue amounts does not conflict with applicable state law. Verra Mobility will be entitled to receive portions of the collected revenue as noted below. For those accounts in default that go to collection, this is in addition to Verra Mobility Fees noted in Section 1.0 above. Delinquent Collections Services 30% of Recovered Revenue In the event that Customer elects to have Verra Mobility provide collections services, Customer shall so notify Verra Mobility in writing. Customer agrees that, once Verra Mobility's collections services are elected, Customer may not utilize another vendor for these collections services without prior written consent from Verra Mobility through an amendment to this Agreement. Page 12 of 21 EXHIBIT B SCOPE OF WORK 1. VERRA MOBILITY SCOPE OF WORK 1.1 VERRA MOBILITY IMPLEMENTATION 1.1.1 Verra Mobility agrees to provide Camera System(s), use of the Axsis System and related services to Customer as outlined in this Agreement, excluding those items identified in Section 2 titled "Customer Scope of Work". Verra Mobility and Customer understand and agree that new or previously unforeseen requirements may, from time to time, be identified and that the parties shall negotiate in good faith to assign the proper party the responsibility and cost for such items. In general, if work is to be performed by Customer, unless otherwise specified, Customer shall not charge Verra Mobility for the cost. 1.1.2 Customer and Verra Mobility will complete the Project Time Line within thirty (30) days of Agreement execution date, unless mutually agreed to otherwise by the parties. Verra Mobility agrees to make every effort to adhere to the Project Time Line. 1.1.3 Prior to installing a Camera System, Verra Mobility may conduct a statistical analysis of each Approach being considered for a Camera System or Camera Systems ("Site Selection Analysis") to assist Customer in determining which Approaches will be the most beneficial to Customer in pursuit of its traffic safety and enforcement goals. Considerations may include collision history, community safety, police department staff review and engineering and construction feasibility assessment. Camera System installations will be based on mutual agreement by Customer and Verra Mobility. Verra Mobility makes no representations or warranties that any Violation rate estimates will be predictive of actual future traffic Violation rates. 1.1.4 Verra Mobility will install Camera System(s) at a number of Approaches to be mutually agreed upon between Verra Mobility and Customer after completion of Site Selection Analysis and as reflected in a written Notice to Proceed. In addition to any initial installation of Camera Systems the parties may mutually agree to add additional Camera System(s) or Approaches, which shall also be reflected in a written Notice to Proceed as set forth in EXHIBIT C. 1.1.5 Verra Mobility will operate each Camera System on a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen instances, unless enforcement times are restricted by law, such as in school zones. 1.1.6 Verra Mobility's Communications Department will assist Customer with public information content and outreach campaign strategies. 1.1.7 Verra Mobility agrees to provide a secure website accessible to Owners/violators who have received notices of violation by means of a Notice # and PIN, which will allow Violation image and video viewing. As part of the secure website, a space will be provided for a Frequently Asked Questions (F.A.Q.) page approved by Customer. Verra Mobility will operate this secure website on a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen instances. 1.1.8 Verra Mobility will provide technician site visits to each Camera System, as needed, to perform maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning; inspection of exposed wires; and, general system inspections and maintenance. Page 13 of 21 1.1.9 Verra Mobility shall take commercially reasonable best efforts to repair a non-functional System within seventy-two (72) hours (excluding weekends and holidays) of determination of a malfunction. 1.1.10 If Customer is using Verra Mobility facilitated lockbox or epayment services, Customer shall provide Verra Mobility and the applicable payment processor with the items set forth in Section 2.1.6 below. 1.1.11 Verra Mobility is authorized to charge, collect and retain a service/convenience fee of up to the greater of $5.00 or to 5% of the total payment, for each payment processed through the web, call center, IVR, or other electronic means. Such fee is paid by the payor and retained by Verra Mobility. 1.2 VERRA MOBILITY OPERATIONS 1.2.1 Verra Mobility shall implement and operate the Program in accordance with the provisions of this Agreement and the Customer's Business Rules. 1.2.2 If a warning period is required, Verra Mobility shall provide Customer with a one-time warning period up to thirty (30) days in length following the installation and activation of the first installed Camera System. Customer shall not be charged a fee for the `yarning period; however, for any warning period exceeding thirty (30) days Customer shall be responsible for the normal monthly Fee. 1.2.3 Verra Mobility shall provide Customer with access to the Axsis System, including image processing, first and second notice printing and mailing per Violation, a hearing scheduled letter, a hearing denied letter, an insufficient information letter, and a dismiss letter. In the case of a transfer of liability by the Owner, the Axsis System shall be setup to mail a Citation to the driver identified in the affidavit of non -liability or identified by a rental car company. All mailings of notices are by first class mail. 1.2.4 Subsequent notices, other than those specified in Subsection 1.2.3 may be delivered by first class or other snail means for additional compensation to Verra Mobility as agreed upon by the parties. 1 2.5 Verra Mobility shall apply an electronic signature, name, or badge number to the Citation as authorized in the Customer's Business Rules. 1.2.6 Verra Mobility shall seek records from vehicle registration databases accessible to Verra Mobility through its limited agent relationship with Customer and use such records to assist Customer in processing Citations. Verra Mobility may mail Citations to the address of the Owner obtained through the DMV, obtained through the National Change of Address (NCOA) database provided by the United States Postal Service, or obtained through other means including but not limited to skip tracing. 1 2.7 The Axsis System shall provide Customer with the ability to run and print standard system reports. Verra Mobility provides a suite of standard program reporting at no charge to clients with active Programs. Upon notice to Customer, Verra Mobility reserves the right to modify the suite of standard program reporting available to Customer, so long as such change applies generally to customers with similar programs. Customized reporting services are available upon written request. The fee for such services shall be mutually agreed upon. 12.8 During the twelve (12) month period following the installation of the first Camera System, upon Verra Mobility's receipt of a written request from Customer at least fourteen (14) calendar days in advance of a court proceeding, and if required by the court or prosecutor, Page 14 of 21 Verra Mobility shall provide Customer with or train a local expert witness to testify in court on matters relating to the accuracy, technical operations, and effectiveness of the Camera System or the Axsis System until judicial notice is taken. Customer shall use its best efforts to obtain judicial notice as soon as possible. If a Verra Mobility expert witness is required more than two (2) times during the twelve (12) month period, Customer shall reimburse Verra Mobility for any reasonable time and travel costs incurred for the additional dates. 1.2.9 In those instances where damage to a System (or sensors where applicable) is caused by (i) negligence on the part of Verra Mobility or its authorized agent(s), Verra Mobility shall bear the cost of repair or (ii) negligence or recklessness on the part of a driver or severe weather or other Force Majeure events, Verra Mobility and Customer shall bear the cost of repair equally with Customer reimbursing Verra Mobility for its portion of the cost of repair. For all other causes of damage, including road construction, Customer negligence, etc. Customer shall reimburse Verra Mobility for the cost of repair. 1 2.10 Verra Mobility shall provide a help -line to assist Customer with resolving any problems encountered regarding its Camera System and/or the Axsis System. The help -line shall function during Business Hours. 1.2.11 As part of the Axsis System, a website will be made available to allow alleged violators the ability to view their Citations online. This online viewing system shall include a link to the Verra Mobility payment website(s) and may offer the opportunity to download an affidavit of non -liability online. Online obtained affidavits, if approved by the court, may be directed to and processed by Verra Mobility processors and communicated to the court via the Axsis transfer described above. 2. CUSTOMER SCOPE OF WORK 2.1 GENERAL IMPLEMENTATION REQUIREMENTS 2.1.1 Unless already provided based on the parties' existing relationship, within seven (7) business days of the Effective Date of this Agreement, Customer shall provide Verra Mobility with the name, title, mailing address, email address and phone number of: o A project manager with authority to coordinate Customer responsibilities under this Agreement; o Court manager responsible for oversight of all Court -related program requirements; o The police contact; o The court contact; o The person responsible for overseeing payments by violators (might be court); o The Prosecuting Attorney; o The Customer Attorney; o The finance contact (who receives the invoices and will be in charge of reconciliation); o The IT person for the police; o The IT person for the courts; o The public works and/or engineering contact responsible for issuing any/all permits for construction; and o Court manager responsible for oversight of all Court -related program requirements. 2.1.2 Customer and Verra Mobility shall complete the Project Time Line within thirty (30) calendar days of the Effective Date of this Agreement, unless mutually agreed to otherwise by the parties. Customer shall make every effort to adhere to the Project Time Line. 2.1.3 Verra Mobility to provide Customer with a mock-up of the Citation and other notices within fifteen (15) days of the Effective Date of this Agreement. Customer shall provide a revised Page 15 of 21 draft of the Citation and other notices in accordance with the Laws applicable to Customer ,within fifteen (15) days of receipt of the mock-ups from Verra Mobility. 2.1.4 Customer shall designate a Customer account for deposit / settlement of funds paid by violators. Within seven (7) business days of receipt by Customer, Customer shall provide Verra Mobility completed banking forms, which may include among others a participation agreement and submerchant agreement with the payment processor as well as a bank verification letter prepared by the Customer's settlement account's bank, and a Form W-9, Request for Taxpayer Identification Number and Certification. 2.1.5 Customer grants Verra Mobility the right to make non -substantive formatting or incidental changes to the Citation form without approval by Customer. 2.1.6 Customer shall direct the law enforcement agency to execute the Verra Mobility DMV Services Subscriber Authorization (substantially in the form attached as EXHIBIT D) to provide verification to the National Law Enforcement Telecommunications System (NLETS), State Department of Licensing, or appropriate authority indicating that Verra Mobility is acting on behalf of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b)(1) and as may otherwise be provided or required by any provision of applicable state law. 2.1.7 Customer shall prepare the Business Rules for implementation and operation of the Program. 2.1.8 Customer is responsible for notifying Verra Mobility of any local legislative and/or ordinance changes in writing within forty-eight (48) hours of the first read of the proposed legislation. Verra Mobility will not be responsible for complying with any change in applicable local law until such time as Verra Mobility has been notified by Customer in writing of the change in law. 2.1.9 Customer is responsible for all final jurisdictional issues, including but not limited to as they pertain to issuance of Citations, adjudication of Violations, and intergovernmental authorities. 2.1.10 Once a Notice to Proceed is granted to Verra Mobility in writing, Customer shall not issue a stop work order to suspend activity on the implementation process, unless Customer reimburses Verra Mobility for costs incurred up to the date the stop work order is issued. 2.1.11 Customer shall not use the Camera Systems or Axsis for any purpose not permitted by Law. 2.1.12 Customer shall process each Event in accordance with state law and/or municipality ordinances within three (3) business days of its appearance in the law enforcement review queue, using Axsis to determine which Events constitute Violations that will be issued as Citations. In the event that Customer fails to process Events within this timeframe, Verra Mobility shall not be liable for failure of the Axsis System to allow Customer to issue a notice or Citation within statutory timeframes. 2.1.13 In the event that remote access to the Axsis System is blocked by Customer network security infrastructure, Customer's Department of Information Technology shall coordinate with Verra Mobility to facilitate appropriate communications while maintaining required security measures. Page 16 of 21 2 2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS 2 2.1 All Camera Systems are intended to remain installed for the duration of the Agreement. If Customer requests that Verra Mobility move a System to a new Approach after initial installation, Customer shall pay for the total cost to relocate the System; provided however, Verra Mobility will relocate the Transportable Safety Camera Systems up to one time per month at no cost to Customer. 2.2.2 If a construction or improvement project requires an installed Camera System to be deactivated or requires a Camera System, including imbedded sensors, to be moved or removed, Customer shall pay a reduced monthly fee of $2,500 per month for the deactivated Camera System during the time the Camera System is deactivated and pay any costs incurred by Verra Mobility for removing, and if applicable reinstalling, the System. If System may be reinstalled after project is completed, in lieu of paying the reduced monthly Fee while Camera System is deactivated Customer may instead elect through a Change Order, or other written modification to the Agreement, to extend the current term of the Agreement for the time period the Camera System was deactivated. 2.2.3 Prior to the installation of any new System, Customer shall provide Verra Mobility information regarding any and all road construction or improvement projects scheduled during the term of this Agreement for any Approach designated for System installation. In addition, within thirty (30) days of becoming aware of anticipated construction that may result in the deactivation of a System or otherwise impact an Approach during the term of this Agreement, Customer shall notify Verra Mobility of any such construction. 2.2.4 Customer will design, fabricate, install and maintain camera warning signs required by law for purposes of operating the Program. If Customer cannot provide such signage, Verra Mobility will do so, and Customer shall reimburse Verra Mobility for such costs. 22.5 Customer understands that proper operation of the System sometimes requires attachment of certain items of detection equipment to existing signal masts, mast arms and/or other street furniture. Customer, therefore, shall provide free access to Verra Mobility to attach certain items of detection equipment to existing signal masts, mast arms and/or other street furniture if required for the proper operation of the System. 2.2.6 Customer shall allow Verra Mobility to access power from existing power sources at no cost and, if applicable, shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each System within Customer's jurisdiction. If these items are not made available, the costs of any additional conduit or power infrastructure needed to support installation of the System shall be funded by Customer, which funding may come from Program Revenue retained by the Customer after payment of Verra Mobility fees as provided in Exhibit A. Verra Mobility may agree to cover these upfront costs and separately bill Customer through the monthly invoice. If existing power sources are not immediately available, Customer willallow Verra Mobility to use temporary power until the existing power is established. In situations where it is not possible to obtain electrical power from a pre- existing source, Customer shall bear the costs (or reimburse Verra Mobility) for obtaining/routing power. When access to power facilities is not under the jurisdiction of Customer, it shall be Customer's responsibility to negotiate any necessary agreements with the owner or maintaining agency of the power facility and infrastructure in order to provide required access to said power facilities and infrastructure. Any costs associated with the needed agreements shall be funded by Customer. 2.2.7 Verra Mobility installation plans, where required by Law, shall be approved by a licensed professional engineer and such deliverables shall conform to applicable engineering norms and reflect the details of installation work to be completed. Page 17 of 21 2.2.8 Customer shall approve or reject Verra Mobility submitted plans within seven (7) business days of receipt. Customer shall use best efforts to ensure that the total duration between submittal and finalization does not exceed ten (10) days for plan approvals when plans are being reviewed and permitted by any state, county, and/or local agencies. 2.2.9 Customer, or any department of Customer, shall not charge Verra Mobility or its subcontractor(s) for building, construction, electrical, street use and/or pole attachment permits, including any fee for traffic control services and permits during installation or maintenance of a System. Customer shall also apply for, when in Customer's name, or coordinate the application for, when in the name of a Customer agency, school, or school district, and fund any and all needed state, local, and/or county permits, including any traffic control permits. 2.2.10 Customer understands and agrees that time is of the essence and that public safety is at issue and shall issue all needed permits to Verra Mobility and its subcontractor(s) within three (3) business days of plan approval. Customer shall provide its best efforts to aid in achieving these timeframes for permit issuance -,when permitted by any state, county, and/or local agency. 2.2.11 If required by the submitted design plan for proper operation, Customer shall allow Verra Mobility to install vehicle detection sensors in the pavement of roadways within Customer's jurisdiction, as permitted. Customer shall provide its best efforts to aid in acquiring any and all required permission and permits when the roadway is under die jurisdiction of the state or county. 2 2.12 Customer shall allow Verra Mobility to build needed infrastructure into any existing Customer - owned easement. 2.2.13 If use of private property right-of-way is needed, Customer shall assist Verra Mobility in acquiring permission to build in existing utility easements as necessary. Any costs for private property right-of-way lease/rental costs shall be borne by Customer as it is expressly excluded from the base fee structure identified in the fee schedule. 2.3 COURTS OPERATIONS 2.3.1 Customer shall provide a judge or hearing officer and court facilities to schedule and hear disputed Citations. 2.3 2 Customer shall handle inbound and outbound phone calls and correspondence from defendants -,vho have questions about disputes and other issues relating to Citation adjudication. Customer may refer citizens with questions regarding the Camera System technology and processes to websites and/or toll -free telephone numbers provided by Verra Mobility for that purpose. 2.2.1 Verra Mobility shall provide one (1) online adjudication processing module in Axsis for use by the Customer which will enable the adjudication function to review cases, related images, and other related information required to adjudicate disputed Citations. If instead of using the online adjudication processing module in Axsis Customer desires to integrate Verra Mobility data into its adjudication system, subject to feasibility, Verra Mobility shall provide a court interface. Customer is responsible for the cost of development of any such court interface, including any costs charged by a third -party vendor. Customer is responsible for entering all final dispositions of Citations including all payments of Citations into the Axsis System, either directly through the online adjudication processing module or through the court interface. Page 18 of 21 EXHIBIT C FORM OF NOTICE TO PROCEED Reference is made to the Standard Professional Services Agreement by and between American Traffic Solutions, Inc., doing business as Verra Mobility ("Verra Mobility") and ("Customer"), dated as of [date] (the "Agreement"). Capitalized terms used in this Notice to Proceed shall have the meaning given to such term in the Agreement. Customer hereby designates this implementation of Systems at the Approaches listed below. Verra Mobility shall make its best efforts to install a System within sixty (60) days of permits being granted and power delivered for each agreed -upon Approach, providing that Customer has received permission for all implementations in writing from any third -party sources. Below is a list of Approaches provided by Customer, which have been analyzed based on traffic volumes, road geometry, and existing infrastructure and are believed to be locations at which a System would increase public safety. Execution of this Notice to Proceed by Customer shall serve as authorization for the installation of Systems for all Approaches designated as follows: _N > >roach Type of Enforcement Camera System Solution Customer understands that implementation and installation of any Approach is subject to Site Selection Analysis and engineering results. Customer recognizes the substantial upfront costs Verra Mobility will incur to construct and install the Systems for the above listed Approaches. Customer agrees that the Systems authorized by this Notice to Proceed for the above -listed Approaches shall remain installed and operational for the duration of the current term of the Agreement. Verra Mobility reserves the right to bill Customer for any upfront costs associated with the intersection approaches listed above in the event Customer elects to cancel or suspend the installation. IN WITNESS WHEREOF, Customer has executed this Notice to Proceed as of the date written below. [CUSTOMER] Name: Date Title: ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. B)T: Name: Date Title: Page 19 of 21 EXHIBIT D DMV SERVICES SUBSCRIBER AUTHORIZATION Agency ORI: [DATE] NLETS 1918 W. Whispering Wind Dr. Phoenix, AZ 85085 Attn: Steven E. Correll, Executive Director Re: Authorization for American Traffic Solutions, Inc. to Perform DMV Inquiry Dear Mr. Correll: Please accept this letter of acknowledgement that an agreement to perform automated enforcement between the Federal Way Police Department on behalf of the City of Federal Way, Washington and American Traffic Solutions, Inc., doing business as Verra Mobility, is or will be entered into and will be or is in force. As a requirement of and in performance of that Agreement between the City of Federal Way, Washington and Verra Mobility it will be necessary for Verra Mobility to access NLETS motor vehicle data. Please accept this letter as authorization from the Federal Way Police Department for Verra Mobility to run motor vehicle inquiries. This authorization is and will be in effect for the term of our agreement with NLETS and any subsequent renewals. This authorization will automatically expire upon the termination of the Agreement between the City of Federal Way, Washington and Verra Mobility, and, such authorization is limited to violations detected by the automated enforcement camera systems. By completing the information below and signing this letter, I am stating that I am a member of the Federal Way Police Department and have the authority to empower Verra Mobility to use ORI for this function. Subscriber Agency/Name NLETS Agency ORI Name/Title of Authorized Representative Mailing Address Telephone Email Signature of Authorized Representative Date Signed SUBSCRIBER INFORMATION Fax Page 20 of 21 EXHIBIT E RETENTION SCHEDULE T►Te of Record Minimum VERRA MOBILITY Retention Period Violation Images LE2010-052 Retain until exhaustion of appeal process -then destroy. Non -Violation Images LE2010-053- Retain until verification that no violation was captured, and then destroy. Individually Identifiable Violation Records LE2010-052-Retain until exhaustion of appeal process -then destroy. Individually Identifiable Non -Violation Records LE2010-053-Retain until verification that no violation was captured, and then destroy. .Annual Camera System Calibration/Certification GS50-06B-22-System specifications/certification of Records camera system should be kept for 6 years after the system/ eui ment is replaced/disposed of. Maintenance Records GS2012-040- Kept for 6years AFTER asset no longer in ase/awned h a ency. Other Program Records T._AAnalysis Reporxs GS30-18-34-Keptfor 6yeais after analysis or report is completed, and then transferred to Customer or appraisal. Tie of Record_ Minimum VERRA MOBILITY Retention Period Violation Images LE2010-052 Retain until exhaustion of appeal process -then destroy. Violation Image: an image of a Violation issued as a Citation. Individually Identifiable Violation Records: a record containing individually identifiable information pertaining to a Violation issued as a Citation. Non -Violation Image: an image of an Event not issued as a Citation. Individually Identifiable Non -Violation Records: a record containing individually identifiable information pertaining to an Event not issued as a Citation. This records retention schedule does not apply to any Event data captured by the Camera System, but not uploaded into Axsis. Page 21 of 21 COUNCIL MEETING DATE: January 19, 2021 ITEM #: 5 m CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT —KING COUNTY JAIL POLICY QUESTION: Should the Federal Way Police Department continue to use the King County Jail as a contract jail facility? COMMITTEE: PRHS&PSC MEETING DATE: January 12, 2020 CATEGORY: ® Consent 0 Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards DEPT: Police Commander Attachments: 1. Staff Report 2. Jail Services Contract — King County Jail Options Considered: 1. Approve the proposed agreement and authorize execution of the contract. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: nttnitt CUt i Inid atc imu,,11IIa1eR InilialrD.I COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the January 19, 2021, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed agreement 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: January 12, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — King County Jail Financial Impacts: In an attempt to secure additional housing options, we continue to utilize contract jail facilities to manage our jail population. The King County Jail has been used by the Federal Way Police Department to house inmates arrested on felony charges, at no charge to the city, since its inception in 1996. The King County jail is also used to house combative inmates as well as those requiring additional services, such as advanced medical and mental health services, which may not be available at some of the smaller contract facilities we utilize. There would be no additional financial impact to the city, as this cost would be fulfilled by reallocating funds already allotted within the City's Jail Services budget. Background Information: In 2020, we separated from SCORE Jail as an Owner City because the financial burden became unsustainable. In 2009, SCORE was established to serve seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there had been a significant jail cost increase in the seven years we had been an Owner City. In 2012, Federal Way'.s total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). The 2018 total jail budget was $6,415,972, which included other jail expenses outside of SCORE. The steady incremental increase for those seven years, totaling 20 more ADP, had increased our SCORE budget by $3,987,883 — this reflected an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At that time, no feasible alternative option existed or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. Rev. 7/18 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. In 2020, as an alternative to the SCORE Jail, the FWPD entered into Jail Services contracts with King County Jail, Kent City Jail, Yakima County Jail, Issaquah City Jail, and the Puyallup City Jail to manage our jail population. Since the decision to leave SCORE, we have successfully managed our jail population within the allotted budget and ended the year with significant jail budget savings. Having the option to secure jail services at the King County Jail assists us in appropriately handling our inmate housing needs while staying within our allotted Jail Services budget. Rev. 7/18 Interlocal Agreement Between King County and The City of Federal Way for Jail Services THIS AGREEMENT is effective as of January 1, 2021 ("Effective Date"). The Parties to this Agreement are King County, a Washington municipal corporation and legal subdivision of the State of Washington (the "County") and The City of Federal Way, a Washington municipal corporation (the "City"). WHEREAS, this Agreement is made in accordance with the Interlocal Cooperation Act (RCW Chapter 39.34) and the City and County Jails Act (RCW Chapter 70.48); NOW THEREFORE, in consideration of the promises, payments, covenants and agreements contained in this Agreement, the parties agree as follows: Definitions: Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this Agreement: 1.1 "Agreement" means this Interlocal Agreement by and between King County and the City for Jail Services and any amendments to this Agreement. 1.2 "Booking" means registering, screening and examining persons for confinement in the Jail or assigmment to a King County Community Corrections Division (CCD) program; inventorying and safekeeping personal property of such persons; maintaining all computerized records of arrest; performing warrant checks; Jail Health Services (JHS) health screening; and all other activities associated with processing a person for confinement in Jail or assignment to a CCD program. 1.3 "Booking Fee" means the fee incurred for booking City Inmates, as further described in Exhibit IIl, Section 2. 1.4 "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except emergency facility closures, holidays and County -designated furlough days. 1.5 "City Detainee" means a person booked into or housed in a Secure Detention facility such as the Jail but also including any other Secure Detention facility not operated by or on behalf of the County, which individual would, if housed in the Jail, qualify as a City Inmate. 1.6 "City Inmate" means a person booked into or housed in the Jail when a City charge is the principal basis for booking or confining that person. A. A City charge is the principal basis for booking or confining a person where one or more of the following applies, whether pre-trial or post -trial. (See Exhibit I for further billable charge rules.): 1.6.1 The person is booked or confined by reason of committing or allegedly committing a misdemeanor or gross misdemeanor offense within the City's jurisdiction, and: 1.6.1.1 The case is referred to the City, through its City Attorney or contracted attorney, for a filing decision; or 1.6.1.2 The case is referred to the City, through its City Attorney or contracted attorney, who then refers the case to the County Prosecutor for a filing decision per section 1.6.2; or 1.6.1.3 The case is filed by the City, through its City Attorney or contracted attorney, whether filed under state law or city ordinance. 1.6.2 The person is booked or confined by reason of committing or allegedly committing a misdereanor or gross misdemeanor offense, whether filed under state law or city ordinance, within the City's jurisdiction and the case is referred by the City, through its City attorney or contracted attorney, to the County prosecutor and filed by the County prosecutor as a misdemeanor in district court due to a conflict or other reason but excluding a case filed in a regionally -funded mental health court as described in Section 1.6.10. 1.6.3 The person is booked or confined by reason of a Court warrant issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; 1.6.4 The person is booked or confined by reason of a Court order issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; or, 1.6.5 The person is booked or confined by reason of subsections 1.6.1 through 1.6.4 above in combination with charges, investigation of charges, and/or warrants of other governments, and the booking or confinement by reason of subsections 1.6.1 through 1.6.4 above is determined to be the most serious charge in accordance with Exhibit I. 1.6.6 The person has been booked or confined for reasons other than subsections 1.6.1 through 1.6.5 and would be released or transferred but for the City having requested that the County continue to confine the person. B. A City charge is not the principal basis for confining a person where: 1.6.7 The person is booked or confined exclusively or in combination with other charges by reason of a felony charge or felony investigation. 1.6.8 The person is confined exclusively or in combination with other charges by reason of a felony charge or felony investigation that has been reduced to a State misdemeanor or gross misdemeanor. 1.6.9 The City has requested the transfer of the person to another jail facility not operated by King County and the County denies the request, unless one or more of the transfer exception criteria listed in Attachment I-2 are met, in which case the person remains a City Inmate. The billing status of the person will change to no longer be the City's responsibility effective the calendar day following the day that the County denies the transfer request. If the County thereafter determines that it no longer needs to detain the person and the person would as a result become a City Inmate, then the County will provide notice to the City that it will become billable for the Inmate. For details on notice and billing, see Attachment I-2. 1.6.10 The person is booked or confined by reason of committing a misdemeanor or gross misdemeanor offense, whether filed under state law or city ordinance, within the 2 City's jurisdiction and the case is referred by the City attorney or contracted attorney to the County prosecutor and filed by the County prosecutor as a misdemeanor in the mental health court (or successor) for so long as the operations of such court are substantially funded by special regional funds (for example, Mental Illness and Drug Dependency sales tax levy) or other regional funding as the County may determine. The County shall provide the City thirty (30) days Notification before changing the status of a regionally -funded mental health court to local funding status. The City is not billed for cases fled by the County prosecutor into mental health court prior to changing to local funding status. 1.7 "Community Corrections Programs" means programs designed as alternatives to, or as rehabilitation or treatment in lieu of, Secure Detention, operated by or on behalf of the King County Department of Adult and Juvenile Detention (DAJD) Community Corrections Division, or its successor. Upon the date of the execution of this Agreement, Community Corrections Programs include Electronic Home Detention and Community Center for Alternative Programs (CCAP). 1.8 "Continuity of Care Records" means an Inmate's diagnosis, list of current medications, treatments, PPD (tuberculosis screening test) results and scheduled appointments or follow-ups. 1.9 "Contract Cities" mean cities that are signatory to an agreement in substantially similar form to this Agreement. Contract Cities do not include cities who are a party to the 2012- 2030 Agreement. 1.10 "Contract Cities Inmates" means all Contract Cities' City Inmates. 1.11 "County Inmate" means any Inmate that is not a City Inmate. 1.12 "DAJD" means the King County Department of Adult and Juvenile Detention or its successor agency. 1.13 "Fees and Charges" are the Fees and Charges imposed as described in Section 4 and Exhibit 111. 1.14 "Force Majeure" means war, civil unrest, and any natural event outside of the party's reasonable control, including pandemic, fire, storm, flood, earthquake or other act of nature. 1.15 "Inmate" means a person booked into or housed in the Jail. 1.16 The first "Inmate Day" means confinement for more than six (6) hours measured from the time such Inmate is first presented to and accepted by the Jail for housing in the Jail until the person is released, provided that an arrival on or after six (6) o'clock p.m. and continuing into the succeeding day shall be considered one day. The second and each subsequent Inmate Day means confinement for any portion of a calendar day after the first Inmate Day. For persons confined to the Jail for the purpose of mandatory Driving Under the Influence (DUI) sentences, "Inmate Day" means confinement in accordance with Exhibit II. 1.17 "Jail" means a place owned or operated by or under contract to the County primarily designed, staffed, and used for the housing, in full confinement, of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders charged or convicted of a criminal offense; for confinement during a criminal investigation or for civil detention to enforce a court order, all where such place is structured and operated to ensure such individuals remain on the premises 24-hours a day (excluding time for court appearances, court approved off -premises trips, or medical treatment). Inmates housed in the Jail are considered to be in Secure Detention as defined in Section 1.26. Upon the date of the execution of the Agreement, Jail includes the King County Correctional Facility and the detention facility at the Maleng Regional Justice Center. 1.18 "Maintenance Charge" is the daily housing charge incurred for City Inmates housed in Jail as further described in Exhibit III, Section 1. 1.19 "Medical Inmate" means an Inmate clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's infirmary. If an Inmate is moved to the general population then the Inmate is no longer considered a Medical Inmate. 1.20 "Notification" means provision of written alert, confirmation of information or request meeting the requirements of Section 11.11. In contrast, a "notice" means providing alert or confirmation of information or request in writing to the individuals identified in Section 11.11, or their designee (as may be specified through a formal Notification) through means less formal than required by Section 11.11, including but not limited to electronic mail or facsimile. 1.21 "Official Daily Population Count" is an official count of Inmates in the custody of the Jail rnade at a point in time in a 24-hour period for, among other purposes, security and population management. It is not used for billing purposes. 1.22 "Offsite Medical Care Charges" means those pass -through charges for treatment of a City Inmate where that Inmate is clinically determined by the Seattle -King County Department Of Public Health, or its successor charged with the same duties, as needing services provided from offsite medical institutions, as further defined in Exhibit III Section 4. An Inmate may receive Offsite Medical Care that triggers an Offsite Medical Care Charge without being otherwise classified as a Medical Inmate or Psychiatric Inmate (e.g., some Inmates held in the general population receive offsite medical care that will result in Offsite Medical Care Charges being incurred). 1.23 "Psychiatric Inmate" means either an Acute Psychiatric Inmate or allon-Acute Psychiatric Inmate, as defined below. 1.23.1 A "Non -Acute Psychiatric Inmate" is an Inmate clinically determined by the Seattle - King County Department of Public Health, or its successor charged with the same duties, as needing Psychiatric Care Services (as further described in Exhibit III and Attachment III-1) and housed outside the Jail's acute psychiatric housing units. 1.23.2 An "Acute Psychiatric Immate" is an inmate clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties, M as needing the level of services provided in the Jail's acute psychiatric housing units (as further described in Exhibit III and Attachment III-1). If an Inmate is moved to housing outside the Jail's acute psychiatric housing units then the Inmate is no longer considered an Acute Psychiatric Inmate. 1.24 "Parties" mean the City and County, as parties to this Agreement. 1.25 "Secure Bed Cap for Contract Cities" means the maximum total number of beds in Secure Detention in the Jail available on a daily basis to house Contract Cities Inmates in the aggregate. The Secure Bed Cap for Contract Cities is based on the Official Daily Population Count, and is established in Section 6. 1.26 "Secure Detention" refers to a facility structured and operated for the full confinement of City Detainees to ensure such individuals remain on the premises 24-hours a day (excluding time for court appearances, court approved off -premises trips, or medical treatment), such as the Jail but also including other similar facilities that the City may elect to house City Detainees. Secure Detention excludes City Imnates enrolled in Community Corrections Programs. 1.27 "Surcharge" means any of the following special charges, defined in Exhibit III, Section 3 and further described in Attachment III-1: Infirmary Care Surcharge; Non -Acute Psychiatric Care Surcharge; Acute Psychiatric Care Surcharge; and 1:1 Guarding Surcharge. 1.28 "2012-2030 Agreement" means the agreement executed by the County and the City of Seattle effective on January 1, 2012 together with any other interlocal agreement in substantially the same form of said agreement executed by the County and another city. 1.29 "Base Year" refers to the year in which the base fees, charges and surcharges are set. 2. Term. This Agreement shall commence on the Effective Date and shall extend through December 31, 2022. This Agreement shall supersede all previous contracts and agreements between the Parties relating to the Jail and any other jail services, except that any obligations contained in these previous contracts or agreements which expressly survived termination or expiration of these previous contracts or agreements shall remain in effect. Jail and 1-lealth Services. The County shall accept City Inmates for confinement in the Jail, except as provided in Sections 5.4, and 6 of this Agreement. The County shall also furnish the City with Jail facilities; booking; transportation among facilities, as determined necessary in the County's sole discretion, including the various Jail facilities, Harborview Medical Center and Western State Hospital; custodial services; and personnel for the confinement of City Inmates at least equal to those the County provides for confinement of County Inmates. However, the County reserves the right to operate specific programs and/or facilities exclusively for County Imnates or persons sentenced or assigned to Community Corrections Programs. The County shall furnish to City Inmates in Secure Detention all medical, dental and other health care services required to be provided pursuant to federal or state law. Also, the County shall make every reasonable effort to release a City Inmate as expeditiously as possible after the County has received notice of a court order to release. Nothing in this section shall be deemed to limit the County's right to refuse to accept City Detainees for confinement in Jail when they are deemed by the County to be in need of urgent medical or psychological care, nor to return custody of such inmates back to the City if the City Detainee is admitted to the hospital or psychiatric facility. City Compensation. The City will pay the County a Booking Fee, Maintenance Charge, Surcharges, and Offsite Medical Charges as follows (together with such other charges as may be applicable in accordance with this Agreement): 4.1 Booking Fee. The Booking Fee shall be assessed for the booking of City Inmates by or on behalf of the City into the Jail as further described in Exhibit III, Section 2. The Booking Fee will be inflated effective January 1, 2022. 4.2 Maintenance Chas. The Maintenance Charge shall be assessed for a City Inmate for each Innate Day as provided in Exhibit III, Subsection 1. The Maintenance Charge will be inflated effective January 1, 2022. 4.2. l The County will provide notice to the City after booking a City Inmate in order to give notice that the City Inmate has been booked and to provide the opportunity for release to the City if the City so desires. Such action will take place as soon as reasonably possible but no later than the next business day after booking. A City Inmate released within six hours of booking will result in no Maintenance Charges. 4.2.2 The County will provide notice to the City of the billing status of its Inmates for the prior calendar day in cases where confinement is the result of multiple warrants or sentences from two or more jurisdictions. As of the date of this Agreement, this notice is provided to the City once each business day when applicable. The intent of this program is to allow the City to take custody of a City Inmate if they so desire after the other jurisdictional warrants are resolved and thereby prevent unnecessary Maintenance Charges. 4.2.3 The Parties may amend the notice requirements of Sections 4.2.1 and 4.2.2 by administrative agreement signed by both the Chief Executive Officer of the City and the King County Executive. 4.3 Access to and Charges for Ciiy Inmate Use of Community Corrections_ Progrouns. The Parties agree to discuss in good faith the ability for the City to access Community Corrections Programs, and to negotiate charges for such access. Any agreement between the Parties with respect to access and charges for Community Corrections Programs shall be enacted through an amendment to this Agreement. 4.4 Surcharges and Offske Medical Charg�s. In addition to the Booking Fee, Maintenance Charge, and any other charges agreed to per Section 4.3, the City will be charged for Offsite Medical Charges and Surcharges as detailed in Exhibit III, Section 3 and 4. 4.4.1 Proposed Notice of Certain Surchargin. The County intends to provide or make available to the City timely notice of occurrences when a City Innate is transported to Harborview Medical Center or other offsite medical institution, or is receiving infirmary care or psychiatric care that will subject a City to Surcharges. Notice provided or made available will be based on information known to DAJD at the time (since billing status of an Inmate may be changed retroactively based on new information or other factors). The County intends to provide or make available this notice within two (2) business days following the day in which the chargeable event occurs and will make good faith efforts to provide notice sooner if practicable. The County will make good faith efforts to try to institute a means to 0 provide notice to the City within twenty-four (24) hours of the admittance of a City Inmate to Harborview Medical Center or other offsite medical institution. The County's failure to provide or make available notice or develop quicker means to provide notice to the City as detailed above shall not excuse the City from financial responsibility for related Offsite Medical Charges or Surcharges, and shall not be a basis for imposing financial responsibility for related Offsite Medical Charges or Surcharges on the County. B111in , and B i I I i ng Dispute Resolution Procedures. 5.1 The County shall transmit billings to the City monthly. Within forty-five (45) days after receipt, the City shall pay the full amount billed or withhold a portion thereof and provide the County written notice meeting the requirements of Section 5.2.1, specifying the total amount withheld and the grounds for withholding such amount, together with payment of the remainder of the amount billed (if any amount remains). Notwithstanding the foregoing, the County shall bill the City for Offsite Medical Charges as such charges are periodically received by the County from third party medical institutions or other offsite medical providers. Offsite Medical Charges shall be due within such time and subject to such withholding and dispute resolution procedures as otherwise provided in this Section 5. 5.2 Withholding of any amount billed or alleging a violation related to billing provisions of this Agreement shall constitute a dispute, which shall be resolved as follows: 5.2.1 The County shall respond in writing to billing disputes within sixty (60) days of receipt of such disputes by the DAJD billing offices. To ensure the soonest start to the sixty (60)-day timeline, the City should electronically mail scanned billing disputes directly to the DAJD billing office, or by fax, or U.S. mail rather than to any other County office or officer. The DAJD billing office contact information as of the date of this Amendment is: KC DAJD DAJD-AP@kingcounty.gov Attn: Finance — Inmate Billing 500 Fifth Avenue Seattle, WA 98104 FAX Number: 206-296-3435 5.2.2 In the event the parties are unable to resolve the dispute, either Party may pursue the dispute resolution mechanisms outlined in Section 9. 5.3 Any amount withheld from a billing, which is determined to be owed to the County pursuant to the dispute resolution procedure described herein, shall be paid by the City within thirty (30) days of the date of the resolution. 5.4 If the City fails to pay a billing within forty-five (45) days of receipt, the County will provide the City with a notice of its failure to pay and the City shall have ten (10) days from receipt of such notice to cure nonpayment. Any undisputed billing amount not paid by the City within sixty (60) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure that are not paid within thirty (30) days of resolution, shall be conclusively established as a lawful debt owed to the County by the City, shall be binding on the Parties, and shall not be subject to legal question either directly or collaterally. In the event the City fails to cure its nonpayment, the City shall be deemed to have voluntarily waived its right to house City Inmates in the Jail and, at the County's request, will remove City Inmates already housed in the Jail within thirty (30) days. Thereafter, the County, at its sole discretion, may accept no further City Inmates until all outstanding bills are paid. This provision shall not limit the City's ability to challenge or dispute any billings that have been paid by the City. 5.5 The County may charge an interest rate equal to the interest rate on the monthly County investment earnings on any undisputed billing amount not paid by the City within forty- five (45) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure. Interest on amounts owed begin accruing on the forty-sixth (46) day after payment was due. 5.6 Each Party may examine the other's financial records to verify charges. If an examination reveals an improper charge, the next billing statement will be adjusted appropriately. Disputes on matters related to this Agreement which are revealed by an audit shall be resolved pursuant to Section 5.2. 6. Jail Capacity. 6.1 The Contract Cities may house Contract Cities Inmates in the Jail at an aggregate number, calculated based on the Jail's Official Daily Population Count, equal to or less than the Secure Bed Cap for Contract Cities established in Sections 6.1.1. 6.1.1 Through December 31, 2022, the Secure Bed Cap for Contract Cities in the aggregate is fifty (50) beds. These fifty (50) beds shall be available on a first -come, first -served basis measured at the time of the Jail's Official Daily Population Count. 6.2 In the event the number of Contract Cities Inmates exceeds the Secure Bed Cap for Contract Cities described in Section 6.1, the County will notify the Contract Cities by phone or electronic mail. The County may then decide to continue to house Contract Cities Inmates in excess of the Secure Bed Cap for Contract Cities. Alternatively, the County may refuse to accept bookings from the City until such time as the aggregate number of Contract Cities Imnates is reduced below the Secure Bed Cap for Contract Cities. If the aggregate number of Contract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities through removal of Contract Cities Imnates from the Jail, then the County will be obligated to accept new City bookings. The notice required by the first sentence of this Section 6.2, will be made to the person designated in Section 11.11 of this Agreement, and will inform the City whether the County intends to continue to house Contract Cities Inmates in excess of the Secure Bed Cap for Contract Cities described in Section 6.1, or whether the County will refuse to accept bookings from the City until such time as the aggregate number of Contract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities described in Section 6.1. 6.3 At the end of the last day of this Agreement, the Contract City agrees to reduce the number of Contract City Inmates in the Jail to zero (0), with the exception that Inmates whose status has changed to Contract City Inmate, will not be included in the calculation of the number of Contract City Imnates, if such individuals are removed from the Jail within seventy-two (72) hours of such change in status. For the purpose of determining the number of Contract Cities Imnates only, and not for billing purposes, Imnates held on multiple warrants or sentences by the County which include one or more city warrants or sentences in addition to a County and/or state warrant or sentence, and Contract Cities Inmates that have been booked into the Jail and the Contract City has not been notified of such booking shall not be considered a Contract Cities Inmate . Also, Contract Cities Imnates housed in the Jail will not be considered Contract Cities Inmates for the purpose of determining the number of City Inmates. 6.4 The Jail's capacity limit for Contract City Medical Inmates is thirty (30). The Jail's capacity limit for Contract City Psychiatric Inmates is one -hundred -fifty-one (151). For the purpose of this Section the Medical and Psychiatric Inmate population will be determined following the definitions in Sections 1.21 and 1.25 at the time of the Jail's Official Daily Population Count. 6.5 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as set forth in Section 6.4, the County will provide notice to the City by phone or electronic mail. Such notification will be made to the person designated in Section 11.11 of this Agreement. At the time this notification is made the County may request that the City take custody of a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 6.4, or the County may inform the City that the County is willing to continue to house these Inmates. 6.6 County requests under Section 6.5 will be made as follows. The billable city (under this Agreement or other jail service agreements between the County and cities that have identical provisions as this Section) with the Inmate most recently admitted as Medical or Psychiatric Innate will be asked to take custody of that inmate. This process will be repeated until such time as the Medical and Psychiatric populations are reduced below capacity limits, or the Jail is willing to house these Inmates. 6.7 If the County, pursuant to Sections 6.5 and 6.6, requests that the City take custody of Medical or Psychiatric Inmates, the City shall comply with the County's request. The City shall take custody of its' Medical or Psychiatric Inmates by picking them up no later than twenty-four (24) hours after the County's request. If the City has not picked -up the Medical or Psychiatric Inmate within twenty-four (24) hours of the County's request, the County shall deliver the Medical or Psychiatric inmate to the City's designated drop-off location or backup location. In either case, the City's designee must accept the Medical or Psychiatric Inmate from the County, and must be available to do so seven (7) days a week, twenty-four (24) hours a day. In all cases, the County shall provide the receiving entity with Continuity of Care Records, in a sealed envelope, at the time custody is transferred. The City will ensure that the City and the receiving entity comply with all applicable confidentiality laws and rules. Similarly, the City will ensure that Continuity of Care ' Within eight (8)7110111-s of the County's request, Life City may provide the County with the names of other Medical Inmates to substitute for the Medical Inmates identified for pick-up by the County. In the event the City identifies substitute Medical Inmates that are City Inmates, the provisions of Section 6 will continue to apply. In the event the City identifies substitute Medical Inmates that are the responsibility of a different city (Substitute City) that is party to this Agreement or ajail services agreement with the King County containing these same provisions, the Substitute City will be responsible for picking -up the substitute Medical Inmates within 24-hours of the initial request for pick- up. In the event the Substitute City fails to pick-up its Medical Inmates within 24-hours of initial notification to the City. the County may deliver the Medical Inmates named in the original notification to the City's designated drop-off location or backup location. The procedures outlined in this footnote will also apply to Psychiatric Inmates. 0 Records are provided to the County at the time custody of a City Inmate receiving the level of care consistent with a Medical or Psychiatric Inmate is transferred to the County. 6.8 If the County, in its sole discretion, decides to transport Medical or Psychiatric Inmates to the City's designated drop-off location or backup location within King County, Washington, the County will do so without charge. Should the County agree to a drop-off location or backup location outside of King County, Washington, the City will pay all transportation costs for Medical or Psychiatric Inmates taken to the designated drop off location or backup location. In no case will the County be obligated to transport a Medical or Psychiatric Inmate out-of-state. 7. Jail Planning. 7.1 Jail Plaiinin_g. The County and the City recognize the value of sharing information about their respective inmate populations and anticipated use of Secure Detention and alternative means of detention. The Parties agree to make good -faith efforts to share this information regularly. Furthermore, should the County begin planning for potential changes in jail space or models, the County will make good -faith efforts to provide notice to the City that such planning is underway, so that the City has an opportunity to participate in planning efforts. Indemnification. 8.1 The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that, the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 8.2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 8.3 In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility, which arises in whole or in part from the existence or effect of City ordinances, rules, or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall 10 defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 8.4 The terms of this Section 8 "Indemnification" shall survive the termination or expiration of this Agreement. 9. Dispute Resolution. In the event the Parties are unable to resolve a dispute, then either Party may pursue the dispute resolution provisions of this Section 9. 9.1. Either Party may give Notification to the other in writing of a dispute involving the interpretation or execution of the Agreement. Within thirty (30) days of this Notification, the King County Executive and the Chief Executive Officer of the City, or their designees, shall meet to resolve the dispute. If the dispute is not resolved, then at the request of either Party it shall be referred to non -binding mediation. The mediator will be selected in the following manner: The City shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two proposed mediators shall select a third mediator who shall mediate the dispute. Alternately, the Parties may agree to select a mediator through a mediation service mutually acceptable to both Parties. The Parties shall share equally in the costs charged by the mediator or mediation service. 9.2. Each party reserves the right to litigate any disputed issue in court, de novo. 10. Termination. Either Party may initiate a process to terminate this Agreement as follows: 10.1. Ten (10)-Day Notification of Intent to Terminate. Any Party wishing to terminate this Agreement shall issue a written Notification of intent to terminate, not less than ten (10) days prior to issuing a ninety (90) day tennination Notification under Section 10.2 of this Agreement. Upon receipt of the written Notification of intent to tenninate, the parties will meet to confer on whether there are steps that the non -terminating party can take in order to avoid a ninety (90) day termination Notification notice under Section 10.2 of this Agreement. 10.2. Ninety (90)-Day Termination Notification. After the ten (10) day period has run under Section 10.1 of this Agreement, the party desiring to terminate this Agreement may provide the other party ninety (90) days written termination Notification, as provided in RCW 70.48.090. 11. General Provisions. 11.1. Other Facilities. This Agreement reserves in each party the power to establish a temporary holding facility during a pandemic, riot, civil disobedience or natural disaster, to establish group homes or other care or rehabilitation facilities in furtherance of a social service program, to temporarily transfer Inmates to alternative detention facilities in order to respond to Jail overcrowding, a public health directive, or to comply with a final order of a federal court or a state court of record for the care and treatment of Inmates. 11.2.. Grants. Both Parties shall cooperate and assist each other toward procuring grants or financial assistance frorn the United States, the State of Washington, and private benefactors for the Jail, the care and rehabilitation of Inmates, and the reduction of costs of operating and maintaining Jail facilities. 11 11.3. Law Enforcement Intake Portal. The County will offer the use of a web -based Subject Intake Portal when its Jail Management System goes live in 2021. The tool will allow law enforcement officers to log onto the system and enter all arrest, case/charge, victim, probable cause, and drug crime certificate information. This method is the County's preferred method of intake and booking. Cities that take advantage of this intake method will be able to print out or receive an electronic version of the intake information, including the ability to integrate with the JMS via web services or API integration if desired. 11.4. Severability. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 11.5. Remedies. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any one or several occasions does not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance after Notification of a deficiency in performance constitute an acquiescence thereto. The Parties are entitled to all remedies in law or equity. 11.6. Exhibits. This Agreement consists of several pages plus the following attached exhibits, which are incorporated herein by reference as fully set forth: Exhibit I Method of Determining Billable Charge and Agency Exhibit II Exception to Billing Procedure Exhibit III Calculation of Fees, Charges and Surcharges 11.7. Not B - inding on Future A reemenfs. This Agreement does not bind the Parties as to the terns, fees, or rate formulas to be included in any future jail services agreements. 11.8. Entire Agreement, This Agreement, including all exhibits and attachments hereto, represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terns and conditions. 11.9. Modifications. The provisions of this Agreement may only be modified and amended with the mutual written consent of the King County Executive and the Chief Executive Officer of the City and the approval of their respective legislative bodies, excepting that certain modifications to the notice requirements in Sections 4.2.2, 4.2.3 and Attachment I-2 may be approved administratively by signature of both the Chief Executive Officer of the City and King County Executive as specified herein. 11.10. Force Majeure. In the event either party's performance of any of the provisions of this Agreement become impossible due to Force Majeure, that party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 11.11. Notifications. Except as otherwise provided in this Agreement, any Notification required to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested or by personal service to the following person: 12 For the City of Federal Way: Or their successor, as may be designated by written Notification from the City to the County. For the County: Chief of Administration Dept. of Adult and Juvenile Detention 500 Fifth Avenue Seattle, WA 98104 Or his/her successor, as may be designated by written Notification from the County to the City. 1 1.12. Council Approval. The Parties' obligations under this Agreement are subject to official City and County Council approval. 11.13. Filing-. As provided by RCW 39.34.040, this Agreement shall be filed with the King County Department of Records and Elections. 11.14. Assignment/Subcontracting. The City may not assign or subcontract any portion of this Agreement or transfer or assign any claim arising pursuant to this Agreement. 11.15. N.o-Third Party Beneficiaries. Except as expressly provided herein, there are no third -party beneficiaries to this Agreement. No person or entity other than a party to this Agreement shall have any rights hereunder or any authority to enforce its provisions, and any such rights or enforcement must be consistent with and subject to the terms of this Agreement. 11.16. Execution in Counterparts. This Agreement and any amendments thereto, shall be executed on behalf of each party by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. The Agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 13 King County King County Executive Date Approved as to Form: King County Deputy Prosecuting Attorney Date The City of Federal Way Title of City Official Date Approved as to Form: Title of City Official Date 14 EXHIBIT I Method of Determining Billable Charge and Agency Process Overview The application of all billing rules in conjunction with Section 1.6 of this Agreement comprises the method for determining the principal basis for booking or confining a person. The County's billing system examines all open and active charges and holds for each calendar day and applies the billing priority rules and tie breaker rules as set forth below. Then the billable agency is determined from the billable charge(s) or hold(s) and the application of exception rules, for example, the special DUI sentencing rule or the special six -hour rule. Rilline Priority Rules The Billing Priority Group is determined in the following order: 1. Local felony charge(s) A local felony charge is filed by the King County Prosecutin Attorney into a King County court. 2. Investigation holds from King County An investigation hold is one that has been referred agencies or pursuant to a contract to the King County Prosecutor and includes King County investigation holds. 3. Department of Corrections (DOC) Felony and misdemeanor charges adjudicated by charge(s) pursuant to contract with DOC hearing examiner. Cases heard by a local DOC court are considered local misdemeanors even if DOC is the originating agency. 4. Local misdemeanor charge(s) and city Includes King County misdemeanors. court appearance orders 5. Other holds (contract and non- contract) Tie Breaker Rules Tie breaker rules are applied in the following order to the Local Misdemeanor Priority Group (Number 4 above) when there are charges with multiple billable agencies. The first rule that applies determines the billable charge(s). The billable agency for the selected charge(s) is the billable agency. This rule selects the charge(s) with an active sentenced charge 1. Longest or only sentenced or, if there is more than one active sentenced charge, the rule charge rule selects the charge with the longest imposed sentence length. 2. Earliest sentence rule This rule selects the charge(s) with the earliest sentence start date. 3. Lowest sentence charge This rule selects the sentenced charge(s) with the lowest charge number rule number as given in the DAJD booking system. This rule selects the charge(s) or hold(s) with a charge billable 4. Arresting agency rule agency that matches the arresting agency for the booking. This rule selects the agency with the highest total bail summed 5. Accumulated bail rule for all of the charge(s) and hold(s) for which the agency is the billable a enc . 6. Lowest charge number This rule selects the charge or hold with the lowest charge rule number as given in the DAJD booking system. 15 Attachment I-1: City and County Jail Charges Clarification This document contains several examples consistent with Section 1.6 of this Agreement. # Situation Jail Costs associated with these cases are: 1 Inmate booked by a city on a felony investigation, whose County responsibility case is filed by the Prosecutor initially as a felony in Superior Court but subsequently amended to a misdemeanor charge (for evidentiary reasons, or entry into mental health court, or for other reasons) 2 Inmate booked by a city on a felony investigation and County responsibility (including the whose case is initially filed by the Prosecutor as a felony expedited cases to be filed under the in District Court as part of a plea bargain effort (so new Prosecutor Filing Standards). called "expedited cases") 3 Inmate booked by a city on a felony investigation whose County responsibility case is initially filed by the County Prosecutor as a misdemeanor in district court (i.e., mental health, domestic violence or in regular district court) 4 Inmate booked by a city on a felony investigation. The County responsibility prior to release of County prosecutor declines to file the case and refers it felony investigation by County to a city prosecutor or law enforcement for any further prosecutor; action. City responsibility from and after release of felony investigation 5 Misdemeanor or felony cases originated by state County responsibility agencies ( i.e., WSP ) 6 Inmates booked by a city on a juvenile charge who are County responsibility held in adult detention or become adults during the pendency of their charge or sentence. 16 Attachment I-2 Inmate Transfers: Transfer Request Exemption Criteria, Notice and Billing (Relating to Section 1.6.9) A. In the event of one or more of the following transfer exception criteria are met, a transfer may be denied by the County, in which case the person for whom the City has sought a transfer remains a City Inmate: (1) Inmate has medical/health conditions/ treatments preventing transfer. (2) Transfer location refuses Inmate. (3) Inmate refuses to be transported and poses a security risk. (4) Inmate misses transport due to being at court or other location. (5) City refuses to sign transfer paperwork requiring the City to arrange transportation for Imnate back to King County, if needed, when City sentence ends. B. If the County has refused a transfer request and thereafter determines that it no longer needs to detain the person and the person would as a result become a City Inmate, then the County will provide notice to the City that it will become billable for the Imnate. The City will not incur a Maintenance Charge on the day of notice. If the City transfers the Inmate during the six calendar days immediately following the day of notice, it will not incur a Maintenance Charge for the first calendar day following notice, but will incur a Maintenance Charge for each subsequent calendar day until the Imnate is transferred. If the City does not transfer the Inmate from the Jail during this six -day period, the City is billable beginning the calendar day following the day of notice from the County. C. The terms of this Attachment I-2 may be amended by administrative agreement evidenced by execution in writing by the Chief Executive Officer of the City and King County Executive. 17 EXHIBIT II Exception to Billing Procedure For persons serving the one- and two-day commitments pursuant to the mandatory DUI sentence grid who report directly from the community to the Jail for incarceration, Inmate day shall not be defined according to Section 1.16 of the Agreement. Instead, Inmate day shall be defined as a twenty -four-hour period beginning at the time of booking. Any portion of a twenty -four-hour period shall be counted as a full Inmate day. The number of days billed for each sentence shall not exceed the sentence lengths specified on the court commitment. Two examples are provided for illustration: Two-day sentence served on consecutive days: John Doe Booked 7/1/21 0700 Released 7/3/21 0700 Number of Innate days = 2 Two-day sentence served on non-consecutive days: John Doe Booked 7/l/21 0700 Temporary Release 7/2/21 0700 Return to Jail 7/8/21 0700 Number of Inmate days = 2 Released 7/9/21 0700 The Department of Adult and Juvenile Detention will apply this definition of Inmate day to the City's direct DUI one and two-day Inmates by adjusting the City's monthly bill before it is sent to the City. If the changes are not made for some reason, the City will notify the Department of Adult and Juvenile Detention, which will make the necessary adjustments. 18 EXHIBIT III Calculation of Fees, Charges and Surcharges Starting on the Effective Date of this Agreement, the City shall pay the fees, charges, and surcharges with such annual adjustments for inflation as described below. Starting on the Effective Date of this Agreement, the City shall also pay offsite medical care charges as detailed below 2021 is the Base Year for fees, charges, and surcharges and is the basis from which the fees, charges, and surcharges are to be annually adjusted by applying the inflators set forth in Subsection 5.a. of this Exhibit II1. 1. MAINTENANCE CHARGE AND CAPITAL EXPENDITURE CHARGE The Maintenance Charge shall be calculated as described below. a. The Maintenance Charge starting January 1, 2021, and for the remainder of the calendar year 2021, excluding any adjustments for Capital Expenditure Charges, will be $204.30. When combined with the Capital Expenditure Charges, the Maintenance Charge for calendar year 2021 is $210.19. The Maintenance Charge shall be inflated in 2022 as described in Section 5. The City will not be charged a Maintenance Charge for a City Innate where the Inmate has been offsite (e.g. housed outside of the Jail) for all twenty-four (24) hours of a Surcharge Day and subject to 1:1 Guarding Surcharge for the entirety of such twenty-four (24)-hour period. In addition to the annual adjustment to the Maintenance Charge described above, King County will increase the Maintenance Charge to capture the cost of Capital Expenditures. Capital Expenditures are defined as the cost of repairing and renovating current jail capacity and facilities and support and administrative facilities that benefit Jail operations. Additional Capital Expenditures will be included in the Maintenance Charge if such expenditures benefit City Inmates. Any Capital Expenditure that solely benefits County Inmates will not be charged to the City. Capital Expenditures do not include Jail Bed Expansion Projects. Capital Expenditures do not include Major Maintenance. 1. Capital Expenditures will be calculated in proportion to the square footage that benefits adult detention. Cities will be billed their proportionate share based on the total number of Inmate Days (as defined in Section 1.16). By August 15 of 2021, DAJD will estimate the total number of Inmate Days for 2022, and provide notice to the City of the Capital Expenditure Charge to be included in the Maintenance Charge for 2022. ii. Upon request of the City, the County shall provide its six (6)-year CIP and its six (6)- year major maintenance plan to the City. The County will provide a detailed line item budget of each Capital Expenditure. If the City disputes that the Capital Expenditure benefits City Inmates or otherwise disputes the inclusion of the Capital Expenditure or any portion of the Capital Expenditures' budget in the maintenance fee, the matter will be resolved under the dispute resolution processes described herein. Capital Expenditures will not be charged to the City to the extent such Capital Expenditures are covered by federal grants, state grants, insurance proceeds, capital maintenance reserves or voter approved capital funding for jail related improvements. iii. Capital Expenditures, if debt financed, shall begin being charged when debt service payments begin for the permanent financing of the Capital Expenditure and shall 19 continue until the end of the debt amortization unless the debt amortization is less than fifteen (15) years, in which case the charges to the City will be amortized over fifteen (15) years. If the Capital Expenditure is not debt financed, Capital Expenditure charges shall be based on actual expenditures. The County will make available documentation evidencing such expenditures. iv. Beginning January 1, 2021, and continuing through calendar year 2021, the Capital Expenditure Charge for ISP for the City is $4.90 and the Capital Expenditure Charge for the CSSP is $0.99, for a combined total Capital Expenditure Charge of $5.89 to be added to the Maintenance Charge set forth in subparagraphs a and b above. 2. BOOKING FEE a. The booking fee shall be based on whether or not the City is using the County's Personal Recognizance (PR) screeners for individuals it brings to a County jail facility to be booked. The two booking fees starting January 1, 2021 and for the remainder of the calendar year 2021 will be initially set as follows: i. The Base Booking Fee shall be $149.31. This is the booking fee payable by Contract Cities that are not using the County's PR screeners. This Booking Fee shall include 40.86% of the total Budgeted Jail Costs associated with booking (including Jail Health Intake Services); this percentage of booking costs to be included in the Booking Fee shall remain fixed through the term of this Agreement. ii. The Standard Booking Fee shall be $219.16. This is the booking fee payable by Contract Cities using the County's PR screeners. This booking fee is composed of the Base Booking Fee plus the fee associated with the County's PR screeners. b. If the City has a court order on file as of the Effective Date, confirming that the City and not the County will have authorization to provide PR screening for City Inmates, then the City will be qualified for the Base Booking Fee as of the Effective Date. To qualify for the Base Booking Fee in 2022, the City must either provide a court order not later than July 1, 2021 confirming that the City and not the County will have authorization to provide PR screening for City Inmates, or a previously issued court order must remain in effect. If an authorizing court order is revoked or expires and is not renewed, the City will no longer qualify for the Base Booking Fee. The Booking Fee shall be inflated in 2022 as described in section 5 below. 3. SURCHARGES In addition to payment of the Maintenance Charge and the Booking Fees, the City shall pay Surcharges associated with services provided to City Inmates as described below. The types of services provided to an Inmate associated with each Surcharge, and a general description of each Surcharge, is set forth in Attachment 111-1. The initial Surcharge amounts described in paragraphs (a) — (d) below shall apply from the January 1, 2021, through December 31, 2021, and shall inflated for 2022 as described in Section 5 below. a. Infirmary Care. For Medical Inmates, the City shall pay an Infirmary Care Surcharge of $316.35 for each Surcharge Day. 20 Non -Acute Psychiatric Care. For Non -Acute Psychiatric Inmates, the City shall pay a Psychiatric Care Surcharge of $96.99 for each Surcharge Day. c. Acute Psychiatric Care. For Acute Psychiatric Inmates, the City shall pay an Acute Psychiatric Care Surcharge of $254.48 for each Surcharge Day. The Acute Psychiatric Surcharge for each Surcharge Day shall be $351.47. The Psychiatric Care Surcharge for each Surcharge Day of $96.99 is added to the Acute Psychiatric Housing surcharge for a total Acute Psychiatric Care Surcharge of $351.47. d. 1:1 Guarding Surcharge. The 1:1 Guarding Surcharge is the charge imposed when the County dedicates an individual officer to guard a City Inmate. The Surcharge shall be $72.94 per guard for each hour or portion thereof, and as further described in Attachment III-1. A Surcharge Day is defined as a 24-hour period from midnight to midnight, or any portion thereof, in which an Inmate receives any of the services within the Surcharges listed in subparagraphs (a) — (c) above; provided that with respect to the Infirmary Care Surcharge, Psychiatric Care Surcharge and Acute Psychiatric Surcharge, a maximum of one (1) charge may be imposed within the twenty-four (24)-hour period for a single inmate, and the charge imposed shall be the highest applicable charge. For example, if an inmate is placed in Acute Psychiatric Care, released to the general population, and then again placed in Acute Psychiatric Care all within the same twenty-four (24)-hour period (midnight to midnight), a single Acute Psychiatric Care Surcharge will be imposed. Similarly, if an Inmate is placed in Acute Psychiatric Care and then in Non -Acute Psychiatric Care within the twenty-four (24)-hour midnight to midnight period, then a single Acute Psychiatric Care charge will be imposed. 4. OFFSITE MEDICAL CARE CHARGES In addition to the Maintenance Charge, the Booking Fee, and the Surcharges detailed above, the City shall be responsible for payment of all Offsite Medical Care Charges incurred by a City Inmate. 5. INFLATORS AND RE -SETS OF FEES CHARGES, AND SURCHARGES a. Inflators. Effective January 1, 2022, all fees, charges, and surcharges, excluding: (1) Offsite Medical Care Charges and, (2) the Capital Expenditure Charge components of the Maintenance Charge, shall be inflated by the percentage rates described below. Non -Medical Charges: the following fees and charges are subject to an annual inflator of the Seattle -Tacoma -Bremerton CPI-W (covering the 12-month period ending in June) plus 1.5%, but shall in no event be lower than 1.5%.: i. Maintenance Charge ii. Booking Fee iii. Acute Psychiatric Housing Surcharge iv. 1:1 Guarding Medical Charges: The following fees and charges are subject to an annual inflator of the Seattle - Tacoma -Bremerton CPI-W (covering the twelve (12)-month period ending in June) plus three (3) percent, but shall in no event be lower than three (3) percent: 21 Infirmary Care Surcharge Psychiatric Care Surcharge b. Final Fee, Charge anal Surchame Notice for Following Calendar Year. No later than August 15, the County will provide notice to the City of the final fees, charges and surcharges listed in this Subsection- 5.a. reflecting the application of the June -June CPI index in the manner prescribed in Subsection 5.a above. c. Inflation Re -sets. Notwithstanding the terms of Subsections 5.a and 5.b to the contrary, in the event the Seattle -Tacoma -Bremerton CPI-W (June -June) exceeds eight (8) percent then, as part of the August 15, final fee and charge notice, the County will include information demonstrating whether, based on factors affecting the DAJD Budgeted Jail Costs including but not limited to personnel costs, food, utilities and pharmaceuticals, the County's reasonably expected inflation experience for the DAJD Budgeted Jail Costs in the next calendar year (the "Expected Inflation Rate") is less than or greater than said CPI-W (June -June) rate. If the Expected Inflation Rate is lower than the CPI-W (June -June) rate, the County will apply the lower of the two rates to the fees and charges listed in this Subsection 5.c for the following calendar year. 22 Attachment III-1 Summary Description of Medical Cost Model Surcharges and Pass -Through Charges Surcharge Description 1. 1:1 Guarding Cost to guard an inmate in a 1:1 situation. Most common occurrence is at hospital or at off -site medical appointments. If more than one guard is required, then the rate would be the multiple of guards. 2. Acute Psychiatric Care (two components) — billed by location a. Psychiatric Care Surcharge Costs for Jail Health Services (JHS) treatment team for services listed below for Psychiatric Care. b. Acute Psychiatric Surcharge Costs for additional officer staffing for: 15-minute checks, assistance with feeding, emergency responses, escorts, and other necessary services to provide for an inmate who poses a potential danger to him or herself. 3. Non -Acute Psychiatric Care (one component) a. Psychiatric Care Surcharge Costs for JHS Psychiatric treatment team for services listed below for Psychiatric Care. 4. Infirmary Care Costs for JHS Infirmary care, services listed on reverse. Pass -Through Charge Description 5. Off -Site Medical Charges Costs for inmates to receive services from outside medical providers (services not available from JHS). Examples include: ❖ Hospital care ❖ Dialysis •:• Cancer treatment (chemotherapy, radiation) ❖ Specialized transport to medical appointments (wheelchair bound inmates) JHS Psychiatric Care Services Provided: Criteria: •:• Psychiatric Treatment & Inmates with severe or unstable mental health conditions Management are placed in psychiatric housing units and receive a level ❖ Psychiatric Treatment Team of monitoring and care based on the acuity of their mental Monitoring illness. Inmates in psychiatric housing are evaluated upon ❖ Medication Administration admission and then re-evaluated on a regular basis by a •:• Mental Health Crisis Counseling multi -disciplinary treatment team. :• Psychiatric Therapy Groups 23 JHS Infirmary Care Services Provided: Criteria: ❖ 24-hour Skilled Nursing Care Inmates who meet diagnostic criteria that require 24-hour •:• Daily Provider Rounds skilled nursing care are housed in the KCCF Infirmary. ❖ Treatment and Management of Examples include but are not limited to: Complex Disease States ❖ Patients requiring medical ❖ Medication Administration detoxificationlwithdrawal management ❖ Activities of Daily Living ❖ Individuals with non -stable medical conditions Assistance such as: need for kidney dialysis, wired jaws, newly ❖ Alcohol Detoxification started on blood thinning medication; ❖ Individuals who are mobility impaired and/or not independent in activities of daily living; ❖ Individuals requiring IV therapy or with central lines in place; ❖ Individuals who are acutely ill, post -surgical, who require convalescent care, and those with conditions requiring extensive treatment and frequent monitoring; and ❖ Individuals with severe respiratory problems requiring nebulizer treatments, oxygen and close observation. Inmates are formally admitted to infirmary care following assessment by a physician or nurse practitioner and then monitored daily by provider and nursing staff. Discharge from the infirmary occurs either at the time of release from jail or as the patient's condition improves and can be safely managed in general population housing. Some individuals remain in infirmary care for the duration of their incarceration. 24 COUNCIL MEETING DATE: January 19, 2021 ITEM #: 5 n . . ............. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT —ISSAQUAH CITY JAIL POLICY QUESTION: Should the Federal Way Police Department continue to use the Issaquah City Jail as a contract jail facility and increase the number of guaranteed beds to ten (10)? COMMITTEE: PRHS&PSC MEETING DATE: January 12, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards DEPT: Police Commander Attachments: 1. Staff Report 2. Jail Services Contract — Issaquah City Jail Options Considered: 1. Approve the proposed agreement and authorize execution of the contract. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 1;11+DAIC V Initial/Date DIRECTOR APPROVAL: w_.0 � Z21-2e V 111 it 00 11.. COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the January 19, 2021, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `I move to approve the proposed agreement 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 ❑ NIOVED TO SECOND READING (ordinances onl)) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Issaquah City Jail Financial Impacts: In an attempt to secure additional housing options as we continue to utilize contract jail facilities to manage our jail population, we have been presented with the option to increase guaranteed beds at the Issaquah City Jail. In 2020, we had five (5) guaranteed beds and in 2021 we would increase to ten (10) guaranteed beds at $110 per bed per day. There would be no financial impact to the city, as this cost would be fulfilled by reallocating funds already allotted within the City's Jail Services budget. Back —,round Information: In 2020, we separated from SCORE Jail as an Owner City because the financial burden became unsustainable. In 2009, SCORE was established to serve seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there had been a significant jail cost increase in the seven years we had been an Owner City. In 2012, Federal Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). The 2018 total jail budget was $6,415,972, which included other jail expenses outside of SCORE. The steady incremental increase for those seven years, totaling 20 more ADP, had increased our SCORE budget by $3,987,883 — this reflected an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At that time, no feasible alternative option existed or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. In 2020, as an alternative to SCORE Jail, the FWPD entered into Jail Services contracts with King County Rev. 7/18 Jail, Kent City Jail, Yakima County Jail, Issaquah City Jail, and the Puyallup City Jail to manage our jail population. Since the decision to leave SCORE, we have successfully managed our jail population within the allotted budget and ended the year with significant jail budget savings. Having the option to secure additional guaranteed beds at the Issaquah City Jail, at a discounted rate over non - guaranteed rates, assists us in appropriately handling our inmate housing needs while staying within our allotted Jail Services budget. Rev. 7/18 INTERAGENCY AGREEMENT BETWEEN THE CITIES OF ISSAQUAH, WASHINGTON AND FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE ISSAQUAH CITY JAIL This agreement is between the City of Issaquah, a municipal corporation of the State of Washington (hereinafter "Issaquah") and the City of Federal Way, a municipal corporation of the State of Washington (hereinafter "Federal Way") Recitals Whereas, RCW 39.34 and RCW 70.48, allow local governmental units to make the most efficient use of their powers by enabling them to cooperate and enter into agreements with each other for providing jail services; and Whereas, Federal Way wishes to designate the Issaquah Jail as a place of confinement for incarceration through the use of 10 (ten) guaranteed beds; and Whereas, in an effort to streamline administrative procedures and ensure that the daily rate charge for 10 guaranteed non -gender specific beds to house inmates at Issaquah's jail is consistent with the current operating costs, it is necessary to enter into a standardized interagency agreement; and Whereas, the governing bodies of each of the parties hereto have decided to enter into this Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be amended; Now, therefore, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable considerations, the parties hereto agree to the terms and conditions set forth herein: 1. GOVERNING LA The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to inmate confinement pursuant to this Agreement. 2. EFFECTIVE DATE This Agreement shall be effective when both parties have executed this contract and this document has been listed on Issaquah's website in accordance with RCW 39.34.040. 3. TERMINATION (A) This agreement shall be effective January 1, 2021 through January 1, 2023. Provided, however, that either party may elect to terminate this Agreement by giving written notice of termination to the other party. Said termination shall be effective ninety (90) days from the date of receipt of said written notice. (B) In the event of termination of this Agreement for any reason, Federal Way shall compensate Issaquah for inmates housed by the Issaquah Jail after notice of termination until Federal Way retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated and the provisions of this Agreement, including by way of illustration and not limitation, Indemnity, shall remain in force until such time as all inmates from Federal Way have been retaken. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be mailed to the following: City of Issaquah: Chief of Police Issaquah Police Department 130 E. Sunset Way Issaquah, Washington 98027 Contact: Issaquah Jail Manager City of Federal Way: Chief of Police Federal Way Police Department 33325 8th Ave South Federal Way, Washington 98003 Contact: Administrative Commander 5. COMPENSATION (A) Guaranteed Bed Rate. Issaquah agrees to accept and house non -gender specific inmates at the daily ten guaranteed bed rate of $110.00 per bed day. The $110.00 per bed per day rate shall be assessed for each day the contract is in effect regardless of occupancy by a Federal Way inmate. (B) Non -Guaranteed Bed Rate. Federal Way may purchase additional beds, as available, at the daily rate of $110.00 per bed day. However, Issaquah shall have the right to refuse to accept custody or house Federal Way inmates in excess of ten minimum bed commitment if Issaquah finds the overall occupancy at capacity. (C) Billing and Payment. Issaquah agrees to provide a monthly invoice for the ten guaranteed beds by the 30th of each following month. Federal Way agrees to make payment to Issaquah within 30 days of receipt of the undisputed portion of such bill for the amount billed for the previous calendar month. Issaquah agrees to provide Federal Way with an itemized bill for inmates housed in addition to the Guaranteed Bed Rate listing all names of inmates who were housed, the number of days housed (including date of booking and date of release), and the dollar amount due for each. (D) Rate increases. Issaquah may increase guaranteed and non -guaranteed rates from time -to - time but no more frequently than once per year, in order to reflect increased costs. Issaquah will give Federal Way at least ninety (90) days advance written notice of the increased rate prior to implementation. 6. AGREEMENT AMENDMENTS (A) Guaranteed beds. Federal Way may cancel the reserved beds, in whole or in part, at any time by providing written notice to the Jail Manager for the City of Issaquah. The notice shall be provided at least ninety (90) days in advance of the effective date of the cancellation. Issaquah may cancel the reserved beds, in whole or in part, at any time by providing written notice to Federal Way at least ninety (90) days in advance of the effective date of the cancellation. (B) Changes in law or regulations. Any changes in law or regulations governing jail operations impacting this Agreement will be addressed in an amendment to the Agreement. 7. SERVICES PROVIDED Issaquah agrees to provide jail services for gross misdemeanor/misdemeanor inmates for those offenses that have been committed by adults within Federal Way's jurisdiction. 8. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Issaquah to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for inmates' physical needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed;'provided that nothing herein contained shall be construed to require Issaquah, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this agreement. Issaquah shall provide facilities for consultation and communication between inmates and their legal counsel or public defender. It shall also be the responsibility of Issaquah to calculate "good time" accrued in and subsequent release of inmates in accordance with the Issaquah Jail's standard practice and procedures related to inmates housed in the Issaquah Jail. RIGHT TO REFUSAL Issaquah shall have the right to refuse to accept any inmate from Federal Way who, in the judgment of Issaquah, has a current illness or injury which may adversely affect the operations of the Issaquah Jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property or themselves. 10. HOUSING DECISIONS In order to manage its jail population, Issaquah reserves the right to decide where Federal Way inmate(s) will be housed. In the event that Federal Way inmate is transferred to anotherjail facility. Federal Way's obligation to pay the daily rate to Issaquah will cease and Federal Way obligation to pay the daily rate to the jail facility will be governed by Federal Way's contract with that other agency operating the jail facility. This section only applies to those inmates housed at Issaquah Jail under the non -guaranteed bed rate. 11. RETAKING OF INMATES Upon request from Issaquah, Federal Way shall, at its expense, retake any Federal Way inmate within twelve (12) hours after receipt of such request. In the event the confinement of any Federal Way is terminated for any reason, Federal Way, shall, at its expense, retake such inmate from Issaquah. 12. COPY OF ARREST WARRANTOR CITATION AND BAILSCHEDULE Federal Way law enforcement officers placing Federal Way misdemeanants in the Issaquah Jail shall, in every instance, first furnish an arrest warrant, citation, court order, orjudgment and sentence, to the Issaquah Jail upon booking of an inmate. Federal Way is also responsible for providing Issaquah Jail with a complete bail schedule no later than January 1 of each year. 13. NON -ASSIGNABILITY Federal Way agrees to not sublet any of their guaranteed beds to any jurisdictions. This Agreement may not be assigned by either party. 14. TRANSPORTATION Federal Way inmates incarcerated in Issaquah pursuant to this Agreement shall be transported to Issaquah by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Issaquah is not responsible for transportation of Federal Way inmates under this agreement and shall be reimbursed by Federal Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an inmate by Issaquah becomes necessary including if the transport was a result of a warrant, or medical appointment. Such transportation shall be calculated based upon the time required for transport at the correction officer overtime rate of $55.00 per hour. 15. RECORDS AND REPORT$ Issaquah shall keep all necessary and pertinent records concerning such inmates incarcerated in the Issaquah Jail. During and following an inmate's confinement in Issaquah, Federal Way shall upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration, as may be permitted by law. Issaquah agrees to maintain its jail records related to Federal Way inmates in accordance with the applicable retention schedules, but in no event less than three years after an inmate's incarceration. 16. MEDICAL TREATMENT (A) Inmates shall receive medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while hosed in the Issaquah Jail. Issaquah shall provide for routine medical services in the Issaquah Jail. Examples of medical services which may be provided in the Issaquah Jail but which are not routine, and for which Federal Way shall be billed include, but are not limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. Federal Way shall be responsible for any and all medical, dental or mental health costs incurred by or on behalf of an ALAX inmate including but not limited to prescriptions, appliances, supplies, emergency transport associated with the delivery of any emergency and/or medical service provide to Federal Way inmates. (B) If Issaquah becomes aware that a Federal Way inmate requires medical care requiring the assistance of a health-care provider, then Issaquah shall make reasonable efforts to notify Federal Way prior to obtaining said service. If Federal Way is contacted and does not authorize Issaquah to obtain the service, then Federal Way shall within one hour pick up the inmate from the Jail. Provided, in the case of emergency, Issaquah may notify Federal Way after the service has been provided. (C) An adequate record of all such services shall be kept by Issaquah in accordance with HIPPAA regulations for Federal Way's review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. (D) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal Way inmate requiring hospitalization. If necessary, Federal Way shall reimburse Issaquah dollar for dollar any amount expended or cost incurred by Issaquah in providing the same. Upon payment from Federal Way for the inmate's health care expense, Issaquah will assign to Federal Way, if requested by Federal Way, any and all right to reimbursement for medical expenses authorized under RCW 70.48.130. Except in emergencies, Federal Way will be notified by contacting a duty supervisor at the Federal Way Police Department prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a hospital, Issaquah shall notify Federal Way as soon as possible of transport. Federal Way is responsible for providing security during any time of hospitalization. 17. DISCIPLINE Issaquah shall have physical control over and power to exercise disciplinary authority over all inmates of Federal Way. However, nothing contained herein shall be construed to authorize or permit the imposition of any type of discipline prohibited by the constitution and laws of the State of Washington or the constitution and laws of the United States. 18. REMOVAL FROM THE JAIL An inmate from Federal Way legally confined in Issaquah shall not be removed from there by any person except: (A) When requested by Federal Way Police Department in writing authorizing such release; or (B) Upon court order in those matters in which said court has jurisdiction over such inmate; or (C) For appearance in the court in which a Federal Way inmate is charged; or (D) In compliance with a Writ of Habeas Corpus; or (E) For interviews by Federal Way attorney or member of Federal Way Police Department; or (F) If the inmate has served their sentence, or the charge pending against said inmate has been dismissed, or bail or other recognizance has been posted as required by the courts; or (G) For other scheduled court appearance, including those for which they are not being held; or (H) Upon the execution of the Standards of Release Administrative Order No. 2013-01; or (1) For medical care and court ordered evaluations. 19. LOSS OF USE The parties understand that there may be times when conditions at the Issaquah Jail, such as required maintenance or repairs, may cause some or all of the reserved beds to be temporarily unavailable. Issaquah agrees to provide as much notice as is reasonably practicable if any or all of the reserved beds will be temporarily unavailable and will endeavor to keep any such unavailability to a minimum. The temporary unavailability of such beds shall not be a breach of this agreement or entitle Federal Way to any compensation from the Issaquah. During any period of unavailability, Federal Way will be relieved of the obligation to pay for any unavailable beds. 20. DISPUTE BETWEEN Federal Way AND ISSA UAH Should a dispute arise as to the application, compensation, enforcement, or interpretation of this Agreement between Federal Way and Issaquah, the parties shall first attempt to resolve such disputes through good faith and reasonable negotiations. However, if a dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered underJAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. Following mediation, or upon mutual written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through binding arbitration which shall be conducted under JAMS rules or policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the parties equally, however, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. Any mediation or arbitration shall take place within King County and any judgement rendered by the arbitrator shall be enforceable in King County Superior Court. 21. INDEMNIFICATION Issaquah agrees to defend, indemnify and hold Federal Way harmless from any and all claims, lawsuits, or other legal actions and from all costs including reasonable attorney's fees which arise out of any alleged wrongful or negligent act or omission by any officer, agent, or employee of Issaquah occurring subsequent to any claimant's entry into the Issaquah booking room and during any claimant's incarceration in the Issaquah City Jail. In addition, Issaquah shall maintain a policy of liability insurance with limits of not less than $1,000,000, naming the Federal Way as an additional insured thereon, provided, that Federal Way shall accept a certificate from the WCIA certifying that Issaquah is a member in good standing and has contractual indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. Federal Way agrees to defend, indemnify and hold Issaquah harmless from any and all claims, lawsuits, or other legal actions and from all costs including reasonable attorney's fees which arise out of any alleged wrongful arrest, false imprisonment, or other wrongful or negligent act or omission by any agent, officer or employee of Federal Way. In addition, Federal Way shall maintain a policy of liability insurance with limits of not less than $1,000,000, naming Issaquah as an additional insured thereon, provided, that Issaquah shall accept a certificate from the WCIA certifying that Federal Way is a member in good standing and has contractual indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. 22. REQUIRED ELEMENTS In accordance with the requirements of RCW 39.34.030, the following provisions, stipulations and/or waivers are adopted: (A) This Agreement has been approved by the governing bodies of each of the participating agencies. (B) No separate organization or separate legal or administrative entity is created by this Agreement. (C) Each party to this Agreement shall maintain its own separate budget in accordance with the provision of Title 35 and 35A RCW an no joint or cooperative budget shall be undertaken. (D) The terms of this Agreement do not contemplate the acquisition of any property. However, in the event any property is acquired for the performance of this Agreement, upon termination of this Agreement, said property shall be sold and the proceeds shall remain with Issaquah. (E) This Agreement shall be administered by the Chiefs of Police, or their representative, from Issaquah and Federal Way. 23. CONCURRENT ORIGINALS This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. The parties further agree that faxed, PDF, or electronic signatures as defined by the UETA, will have the same legal effect as wet signatures. 24. ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any attachments, supersede all prior written and verbal agreements and/or statements by any representative of the parties, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. Any prior written and/or oral agreement between the parties pertaining to jail services is terminated and superseded by this Agreement. This Agreement and any attachments contain the entire Agreement between the parties. Should any language in any attachment conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 25. PREA ACKNOWLEDGEMENT— CUSTODIAL AND SEXUAL MISCONDUCT (A) Compliance - Issaquah agrees to ensure that all of its employees, contractors, vendors, and volunteers that have contact with Federal Way Inmates comply with all federal and state laws regarding sexual misconduct including, but not limited to: a) The Prison Rape Elimination Act of 2003 (PREA) b) The standards for adult Prisons and Jails or Community Confinement Facilities, whichever is applicable, as promulgated by the US Attorney for the Western District of Washington, and c) Zero tolerance toward all forms of sexual abuse and sexual harassment. (B) Monitoring - Issaquah agrees to provide the Federal Way documented compliance with the Federal Prison Rape Elimination Act standards. Monitoring may include, but is not limited to: a) Site visits, b) Access to facility data, and c) Review of applicable documentation. (C) Federal Way may terminate this Agreement a) Should Issaquah fail to provide documentation that demonstrates that the Issaquah Jail is actively and effectively working toward and is making substantive progress toward achieving compliance; or b) Should Issaquah fail to maintain PREA compliance between auditing periods, after being given a reasonable opportunity to cure. (D) Federal Way will terminate this Agreement a) Should Issaquah elect to discontinue pursuit of PREA compliance; b) Should Issaquah be found in noncompliance through a PREA Audit and fail to cure such noncompliance within the identified time -frames; or c) Should Issaquah be found to be in egregious violation of PREA. 26. SEVERABILITY Should any provision of this Agreement be determined to be unenforceable by a court of law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions herein. IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so, acknowledge that they have read this Agreement, understand its terms, and enter this Agreement in a knowing, intelligent, and voluntary manner. CITY OF ISSAQUAH By: Its: Date. ATTEST: By: Its: Date: APPROVED AS TO FORM CITY OF FEDERAL WAY By: Jim Ferrell Its: Mayor Date: ATTEST: By: Stephanie Courtney Its: CIVIC, City Clerk Date: APPROVED TO AS FORM: By: By: J. Ryan Call Its: Its: City Attorney Date. Date: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE MEETING DATE: January 12, 2021 COUNCIL MEETING DATE: Tuesday, January 19, 2021 ITEM #: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VETERANS ADVISORY COMMITTEE PROPOSAL TO HONOR VETERANS AND FAMILIES TO BE FUNDED BY KING COUNTY VETERANS PROGRAM GRANTS. POLICY QUESTION: Should the City of Federal Way approve the Veterans Advisory Committee's proposal to place a flag pole, service medallions, plaque, and lighting to be located at the top of the Town Center Steps adjacent to the Performing Arts and Event Center? This proposal would be funded by King County Veterans Program grants totaling $19,999, and would honor veterans and families. COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolution Other STAFF REPORT BY: Bill Vadino, Policy Advisor Attachments: Staff report. Options Considered: (1) Approve forwarding proposal to Council. (2) Disapprove forwarding proposal to Council. MAYOR'S RECOMMENDATION: Option 1 DEPT: Mayor's Office MAYOR APPROVAL: DIRECTOR APPROVAL: N/A 61 Coulnutteec6timif It Initial/Date Initial/Date ` Initial/Date COMMITTEE RECOMMENDATION: M0 �► V `�'O F O ►�`Iwr� I r4 P VW? b Wv fV g(V /A " jell `� Vie k Pc% ill S CAAGF71 0 N V 'Z�inN N)1 N3 % k 7-esz�wn Linda Kochmar Lydia Assefa-Dawson Greg Baruso Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposal by the Veteran's Advisory Committee to place a flagpole, service medallions, plaque, and lighting to be located at the top of the Town Center steps adjacent to the Performing Arts and Event Center, to be funded by King County Veterans Program grants. " (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: January 12, 2021 TO: Parks, Recreation, Human Services & Public Safety Committee VIA: Jim Ferrell, Mayor FROM: Bill Vadino, Policy AdviCrtoposalfor SUBJECT• Veterans Advisory Group a Tribute to Veterans and their Families to be located at the Town Center steps adjacent to the PAEC The Veterans Advisory Group was formed by Mayor Ferrell in the summer of 2018 to recommend the appropriate way to honor our veterans and their families. Currently, members of this committee include the following veterans and community members: Susan Honda, Council President; Dan Altmayer; Frank Bannister; Bob Celski; Roger Flygare; Jack Garfield (Eagle Scout); Gene Hunt; Bob Kellogg; Diana Noble-Gulliford; Keith Selthofer Lori Steinhorst; and Dick Whipple. The group has been extensively studying tributes and memorials for veterans in our area as well as regionally, nationally, and internationally. After coming to a consensus about features and elements from the other locations, the members attended community events and informally polled citizens on what they would like to see as a tribute to our veterans and their families. There was also discussion of fundraising strategies, whether or not to form a non-profit, or work with other community groups. In February just before the COVID-19 outbreak, the group held a Saturday retreat in order to build a consensus on next steps. It was around this time the first $10,000 grant was facilitated by King County Councilmember Pete von Reichbauer from the King County Veterans Program. In mid -December outside the PAEC, King County Councilmember von Reichbauer brought together a group of veterans and the Mayor to announce the additional funding of $9,999 and to take a photo. He took an impromptu and unofficial poll to gauge opinion on using the funding to place a flag pole, service medallions, plaque, and lights at the top of the Town Center steps just adjacent to the PAEC. The group was in favor of the idea, and the Mayor announced he would immediately convene a meeting of the official Veterans Advisory Group to get their input on the idea. In light of the timing for the two grants of $19,999 from King County, this left a short window to allocate the funds. A few days later on December 16', the Mayor convened the official advisory committee including the Council President, to formally discuss the proposal. Page 2 The group was updated on a study of a proposal that had been previously discussed to site the tribute for veterans at the southeast corner of Town Square Park. However, a study by our Parks Department concluded that there were significant drainage and infrastructure issues which would result in exorbitant costs to use that location. After discussion, the unanimous decision by the group was to recommend to the Council to move forward with a flag pole at the top of the Town Center Steps utilizing this grant funding. The project would also include a medallion or marker for each of the service branches at the base of the flag pole, which would be approximately 30-35' in height. The advisory group also unanimously felt that this project is the beginning of a Veterans Memorial and does not reflect a final project --but it would be a definitive start. In light of the group's recommendation, the Mayor is recommending that the Parks, Recreation, Human Services, & Public Safety Committee approve the above -referenced proposal from our Veterans Advisory Group to use King County Veterans Program grants funding to honor our veterans and their families. Specifically, the advisory group's proposal is to place a flag pole, service medallions, plaque, and lighting to be located at the top of the Town Center Steps adjacent to the Performing Arts and Event Center. This project would be funded by King County Veterans Program grants totaling $19,999 that was secured by King County Councilmember Pete von Reichbauer. The Mayor's recommendation is to approve this proposal and forward to Council. COUNCIL MEETING DATE: January 19, 2021 ITEM #: 6b-.- . ............ . . ........ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPROVAL OF 2021 FEDERAL LEGISLATIVE AGENDA. POLICY QUESTION: Should the City of Federal Way adopt the draft 2021 Federal Legislative Agenda? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolution Other STAFF REPORT BY: Steve McVey, Government Affairs Coordi DEPT: Mayor's Office Staff will provide an overview of the discussions that influenced the draft 2021 Federal Legislative Agenda. The draft was formulated from discussions with Council President Honda, Councilmember Kochmar, Government Affairs Coordinator Steve McNey and Federal Lobbyist Richard Agnew. The final draft will be submitted to Council before the December 19, 2021 meeting. Options Considered: (1) Approve the 2021 Federal Legislative Agenda. (2) Disapprove the 2021 Legislative Agenda. (3) Ask staff to redraft the agenda based on Council discussion. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A r Committee i o6u&Fj InitiaUDate InitiaUDate COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: N/A InitiaUDate Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2021 Federal Legislative Agenda;' (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 # COUNCIL MEETING DATE: January 19, 2021 ITEM #: 6 C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENT POLICY QUESTION: Should the City Council appoint members to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing N City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five (5) members who are appointed by the City Council to serve two-year terms. Per FWRC 2.75.020, members must represent businesses that are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues (a minimum of two each). There is currently one (1) vacant voting position representing businesses collecting lodging tax and two (2) vacant voting positions representing businesses authorized to be funded by lodging tax. Three (3) applications have been received in response to the City Clerk's recruitment process. At their January 19, 2021 Special Meeting the City Council interviewed Brian Hoffman, Paul Ishii, and TJ Bal for appointment. Options Considered: 1. Appoint the following candidates to the Lodging Tax Advisory Committee with terms expiring as follows: 1. Voting Member/Receive Expires 10/31/2022 2. Voting Member/Receive Expires 10/31/2022 3. Voting Member/Collect Expires 10/31/2022 2. Direct the City Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A CITY CLERK APPROVAL: Committee Council Ltitia]IDate Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move appointments to the Lodging Tax Advisory Committee as follows... " (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 - 4/2019 RESOLUTION # COUNCIL MEETING DATE: January 19, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Arts Commission? ITEM #: 6 d 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 Background: The Arts Commission is comprised of nine (9) voting and two (2) alternate members who are appointed by the City Council to serve three-year terms (per FWRC 2.50.030). There are currently four (4) vacant voting positions due to term expirations as well as one (1) alternate position. Two (2) applications were received in response to the City Clerk's recruitment process. At their January 19, 2021 Special Meeting the City Council interviewed Vickie Chynoweth and Iveta Felzenberg for re -appointment. Options Considered: 1. Appoint the following candidates to the Arts Commission with terms expiring as follows: 1. Voting Member Expires 12/31/2023 2. Voting Member Expires 12/31/2023 2. Direct the City Clerk to advertise for additional applicants for the Arts Commission. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Committee Initial/Date Council Initial/Date CITY CLERK APPROVAL: lninal/Date PROPOSED COUNCIL MOTION: "I move the appointment of Vickie Chynoweth and Iveta Felzenberg as voting members of the Arts Commission with terms to expire 1213112023 " (BELOW TO BE COMPLETED _81' CITI' CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # COUNCIL MEETING DATE: January 5, 2021 ITEM #: 7a .. ..... ..... ........... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: SCHOOL SPEED LIMIT ORDINANCE AMENDMENT POLICY QUESTION: Should the Council update code language on speed limits to address school zones? COMMITTEE: Land Use / Transportation MEETING DATE: Dec. 7, 2020 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez,.. P.E ., City Traffic Engineer DEPT: Public Works Attachments: 1. Staff Report 2.Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEND ION: Option 1. . .................... MAYOR APPROVAL: f, ■ A0 / 105 DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January S, 2021. Vi ti e-1 tZen� +re✓�C V: o�- �1::!� C-,L,- t c V i c` 'F 'e-- G2d do-� r',-yrCpk-- Greg Baruso, Committee Chair .Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE JANUARY 6, 2021: "7 move to forward the proposed ordinance to the January 19, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE JANUARY 19, 2021: "7 move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: p El APPROVED COUNCIL BILL # �� s- ❑ DENIED First reading 01- 0p-2[)2j ❑ , TABLED/DEFERRED/NO ACTION Enactment reading ®' MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 7, 2020 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer SUBJECT: School Speed Limit Ordinance Amendment Financial Impacts: School speed limit sign installation and maintenance is included in Public Works Department Traffic Division operating budget. This code amendment codifies existing practice, thus there is no financial impact. Backa`ound Information: As part of the grant application submitted for the current Lakota Middle School Safe Routes to School project, staff proposed to extend the school speed limit to include SW Dash Point Road between 21st Avenue SW and SW 312th Street, consistent with crosswalks used by students walking to Lakota Middle School. As part of the project review, since SW Dash Point Road is a state highway, Washington State Department of Transportation requires us to conduct an analysis justifying the school zone and have ordinance language adopting school speed limits. Existing code does not address school speed limits. To correct this, the draft ordinance language adds a new section that provides the Public Works Director the authority to establish school speed limits consistent with state statute. In reviewing the chapter, some language reflects outdated terminology, which this draft ordinance would correct: 1. Replacing references to the State Highway Commission with the State Secretary of Transportation; 2. Replacing references to "F.A.I. No. 5" with "Interstate 5"; 3. Replacing "curvation" with "curvature". Rev. 6/2019 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to speed limits; amending FWRC 8.30.020, 8.30.030, 8.30.040; and adding a new section to FWRC 8.30. (Amending Ordinance Nos. 90-29, 92-145, 93-177, 96-259, 00-364, 03-449, 10-668, 10-669, 10-675, 13-740, 15-807, and 17-832) WHEREAS, the state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the City, except that the legislative authority of the City, as authorized by state law, may declare and determine by order, rule or regulation, properly adopted, that certain increased or decreased speed regulations shall be applicable upon specified streets or in certain areas, in which event it is unlawful for any person to operate a vehicle at a speed in excess of the speed so established when proper signs are in place giving notice thereof, and WHEREAS, pursuant to RCW 46.61.415, whenever conditions are found to exist upon an arterial street or highway that warrant an increase in the speed permitted by state law, the City Council, subject to the approval of the Washington State Transportation Commission in cases involving state highways, shall determine and declare a reasonable and safe maximum speed limit for such arterial street or highway, or portion thereof, not to exceed 60 miles per hour; and WHEREAS, pursuant to FWRC 8.30.050, whenever it is deemed inadvisable for vehicles to operate at the maximum speed allowed by state law on any portion of a street or public highway on account of a sharp curvation, highway construction or repairs, excessive traffic, any dangerous condition, or other temporary or permanent cause, the City Council, subject to the approval of the Washington State Transportation Commission in cases involving state highways, shall determine and fix a lower Ordinance No. 20- Page 1 of 9 Rev 2/19 maximum speed or otherwise regulate a lesser speed; provided, that in no case shall the maximum speed be reduced to less than 20 miles per hour; and WHEREAS, pursuant to RCW 46.61.440, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs; and the speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk; and WHEREAS, pursuant to RCW 46.61.440, a county or incorporated city or town may create a school or playground speed zone on a highway bordering a marked school or playground, in which zone it is unlawful for a person to operate a vehicle at a speed in excess of twenty miles per hour; and the school or playground speed zone may extend three hundred feet from the border of the school or playground property; however, the speed zone may only include area consistent with active school or playground use; and WHEREAS, this ordinance is in the interest of the public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 8.30 of the Federal Way Revised Code is hereby amended to add a new section 8.30.045 to read as follows: Ordinance No. 20- Page 2 of 9 Rev 2/19 8.30.045 School Speed Limits. The public works director, subject to the approval of the State Secretary of Transportation on state highways, shall determine and establish school or pl4ygroundspeed zones consistent with criteria established by state law. Section 2. FWRC 8.30.020 is hereby amended to read as follows: 8.30.020 Increasing state speed limit. Whenever conditions are found to exist upon an arterial street or highway which warrant an increase in the speed permitted by state law, the city council, subject to the approval of the state state Secretary of Transportation in cases involving state highways, shall determine and declare a reasonable and safe maximum speed limit for such arterial street or highway, or portion thereof, not to exceed 60 miles per hour. Section 3. FWRC 8.30.030 is hereby amended to read as follows: 8.30.030 Decreasing state speed limit. Whenever it is deemed inadvisable for vehicles to operate at the maximum speed allowed by state law on any portion of a street or public highway on account of a sharp etffvatie curvature, highway construction or repairs, excessive traffic, any dangerous condition, or other temporary or permanent cause, the city council, subject to the approval of the State Commissi state Secretaryof Transportation in cases involving state highways, shall determine and fix a lower maximum speed or otherwise regulate a lesser speed; provided, that in no case shall the maximum speed be reduced to less than 20 miles per hour. Ordinance No. 20- Page 3 of 9 Rev 2/19 Section 4. FWRC 8.30.040 is hereby amended to read as follows: 8.30.040 Schedule. The maximum speed limits set forth in the following schedule of speed limits are hereby established as the reasonable and safe maximum speed limits to be effective at all times upon the streets and highways designated in the schedule. The mayor shall cause appropriate signs to be erected on such streets and highways, giving notice of the speed limits, as provided in this chapter. (1) Speed limit 20 mph. No person shall operate a motor vehicle upon the following described roads in excess of 20 mph: All internal park roads. 18th Place South, between South 341 st Place and South 344th Street. 22nd Avenue Southwest, between Southwest 334th Street and cul-de-sac south of Southwest 334th Street. 22nd Court Southwest, between Southwest 333rd Street and cul-de-sac north of Southwest 333rd Street. 22nd Place Southwest, between Southwest 333rd Street and Southwest 334th Street. 23rd Avenue Southwest, between Southwest 333rd Street and cul-de-sac south of Southwest 334th Street. 24th Avenue Southwest, between Southwest 333rd Street and cul-de-sac south of Southwest 334th Street. 25th Avenue Southwest, between Southwest 334th Street and cul-de-sac south of Southwest 334th Street. Ordinance No. 20- Page 4 of 9 Rev 2/ 19 26th Avenue Southwest, between 100 feet north of Southwest 333rd Street to end of road south of Southwest 334th Street. Southwest 333rd Street, between 22nd Place Southwest and 26th Avenue Southwest. Southwest 334th Street, between 21 st Avenue Southwest and 26th Avenue Southwest. (2) Speed limit 30 mph. No person shall operate a motor vehicle upon the following described roads in excess of 30 miles per hour: 9th Avenue South, between South 336th Street and South 348th Street. 11 th Place South, between South 320th Street and South 324th Street. 20th Avenue South, between South 312th Street and South 320th Street. 16th Avenue South, between South 356th Street and South 364th Way. 23rd Avenue South, between South 312th Street and South 324th Street. South 304th Street, between Pacific Highway South and Military Road South. South 317th Street, between 23rd Avenue South and 28th Avenue South. South 324th Street, between 1 lth Place South and 23rd Avenue South. South 364th Way, between 12th Avenue South and 16th Avenue South. Southwest 356th Street, between 20th Avenue Southwest and Pierce County. Milton Road South, between Enchanted Parkway South and South 372nd Street. South 372nd Street, between Milton Road South and Milton Road South. Milton Road South, between South 372nd Street and South 376th Street. (3) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour: Ordinance No. 20- _ Page 5 of 9 Rev 2/19 1st Avenue South, between South 296th Street and South 356th Street. 12th Avenue South, between South 372nd Way and South 364th Way. 16th Avenue South, between South Dash Point Road and Pacific Highway South, and between Pacific Highway South and South 348th Street. 10th Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest. 21 st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th Street. 28th Avenue South, between South 304th Street and South 317th Street. South 288th Street, between Pacific Highway South and F.A.I. No. Interstate 5. South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue South. South and Southwest 320th Street, between 1,000 feet west of 1 st Avenue South W.,-A F.A.I. Ise Interstate 5 and between 21 st Avenue Southwest and 47th Avenue Southwest. South 336th Street, between 1 st Way South and Weyerhaeuser Way South. Southwest 336th Street, between 21 st Avenue Southwest and 26th Place Southwest. Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest. Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest. South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of Weyerhaeuser Way South. Southwest 344th Street, between 21st Avenue Southwest and 35th Avenue Southwest. South 348th Street, between 1 st Avenue and Pacific Highway South. South 348th Street (State Route 18), between Pacific Highway South and 16th Avenue South. South 352nd Street, between Pacific Highway South and Enchanted Parkway South. Ordinance No. 20- Page 6 of 9 Rev 2/19 South 356th Street, between 1 st Avenue South and 16th Avenue South. South 359th Street, between Pacific Highway South and 16th Avenue South. South 373rd Street, between Pacific Highway South and South 372nd Way. South 372nd Way, between 12th Avenue South and South 373rd Street. Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County. Redondo Way South, between South Dash Point Road and South 284th Street (if extended). Southwest Campus Drive, between 1 st Avenue South and 21 st Avenue Southwest. South Star Lake Road, between South 272nd Street and Military Road South. Weyerhaeuser Way South, between South 320th Street and South 349th Street. Southwest Dash Point Road (State Route 509), between Pierce County and 21st Avenue SW. (4) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described roads in excess of 40 miles per hour: South and Southwest 320th Street, between 21 st Avenue Southwest and 1,000 feet west of 1 st Avenue South and between F.A.I. Interstate 5 and 1,000 feet east of Weyerhaeuser Way South. Southwest 356th Street, between 1 st Avenue South and 20th Avenue Southwest. Enchanted Parkway South (State Route 161), between South 348th Street and Milton Road South. Military Road South, F.A.I.o. Interstate 5 at South Star Lake Road and F.A.I.:e. Interstate. 5 at South 307th Street (if extended). Pacific Highway South (State Route 99), between South 304th Street and South 359th Street. South and Southwest Dash Point Road (State Route 509), between 21 st Avenue SW and Pacific Ordinance No. 20- Page 7 of 9 Rev 2/19 Highway South. (5) Speed limit 45 mph. No person shall operate a motor vehicle upon the following described roads in excess of 45 miles per hour: Military Road South, between South 320th Street and State Route 18. Pacific Highway South (State Route 99), between South 272nd Street and South 304th Street. (6) Speed limit 50 mph. No person shall operate a motor vehicle upon the following described roads in excess of 50 miles per hour: Pacific Highway South (State Route 99), between South 359th Street and Pierce County. Section 5. 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 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 20- Page 8 of 9 Rev 2/19 Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: 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. 20- Page 9 of 9 Rev 2/19 COUNCIL MEETING DATE: January 5, 2021 ITEM #: 7b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMENDMENTS TO THE FEDERAL WAY REVISED CODE (FWRC) TITLES 4 AND 19 RELATED TO WIRELESS TELECOMMUNICATION FACILITIES POLICY QUESTION: Should City Council adopt amendments to Federal Way Revised Code Titles 4 and 19 related to wireless telecommunication facilities? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 7, 2020 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Director DEPT: Public Works Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECO!►IMENDA ION: Option I. MAYOR APPROVAL: DIRECTOR APPROVAL' LZ Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 5, 2021. i �ez,+n c' "Ce- V t , y iC.- C Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JANUARY 5, 2021): "1 move to forward the proposed ordinance to the January 19, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 19, 2021): "1 move approval of the proposed ordinance." BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # �/ (� LP ❑ DENIED First reading 01-05-207-1 ❑ TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 7, 2020 TO: City Council VIA: Jim Ferrell, Mayor EJ Walsh, P.E. Public Works Director FROM: Desire6 Winkler, P.E. Deputy Public Works Director SUBJECT: Amendments to the Federal Way Revised Code (FWRC) Chapters 4 and 19 related to Wireless Telecommunication Facilities FINANCIAL IMPACTS: The proposed code amendments will have no financial impacts on the city budget. BACKGROUND INFORMATION: Tntrorluction The demand for wireless telecommunication bandwidth and services has grown exponentially in the past few years. Federal and state laws were adopted to facilitate rapid deployment of wireless telecommunication facilities to meet the growing demand. In response to these new federal and state laws, the city adopted code (both permanent and interim), to meet required timelines and design standards. Code History and Content Ordinance 18-851 updated the following codes: Chapters 4.23 and 4.24 FWRC: New chapters added to address federal and state time limits (aka: "shot clocks") for wireless telecommunication application review. Ordinance 19-850 updated and added the following codes: Chapters 19.05, 19.15, and 19.190 FWRC: Modify defmitions of wireless communication facilities and clarify approval processes over private property versus rights -of -way. Chapter 19.256 FWRC: (Chapter 19.255 FWRC repealed and replaced with Chapter 19.256 FWRC) New chapter was added to address siting of wireless telecommunication facilities. December 7, 2020 Land Use and Transportation Committee Amendments to FWRC Chapters 4 and 19 — Wireless Communication Standards Page 2 Ordinance 19-863 updated the following codes: Chapter 4.22 FWRC: Updated franchise application requirements and completeness determinations and identified timelines for review of telecommunication and small wireless facilities. Chapter 4.23 FWRC: New section addressing small wireless permitting. Chapter 4.24 FWRC: Updated timelines permitting new wireless communication facilities. Ordinance 19-862, 20-883, and 20-890: implemented the following interim code amendments: Chapter 19.256 FWRC: Implements standards and timelines (aka. "shot clocks") for review of applications for wireless communication facilities and establishes design and aesthetic standards for small wireless deployments. The above regulations stemmed from the Regulatory Ruling, Order, and Regulation 85 FCC 51867 ("FCC Order") imposes limitations on the processing of all permits associated with the deployment of small wireless facilities. The FCC Order was subject to multiple appeals, which were consolidated before the Federal Ninth Circuit Court of Appeals. Oral argument for this matter was heard in February 2020 with the Declaratory Ruling and Notice of Proposed Rulemaking ("FCC Rules") issued in June 10, 2020. The city extended the interim codes to provide enough time to review the FCC Rules and amend city code accordingly. Proposed Amendments The proposed amendments will establish wireless communication facility permitting and design standards and reorganize the code to consolidate all wireless facility standards into one title. Original adoption of wireless telecommunication facility code separated the process for facilities located on city property (right-of-way and city -owned property) (Title 4) from those located on private property (Title 19). The proposed amendments provide consistency for all wireless communication facility construction and removes conflicts between chapters. A summary of the proposed amendments are as follows: 1) FWRC 4.22 Franchise for Use of Right -of -Way: a) Removed Section 4.22.060: redundant section referring to application review timelines outlined in Section 19.256. 2) FWRC 4.23 Small Wireless Deployment — Small Wireless Permits: a) Refers to the small wireless requirements outlined in Section 19.256. 3) FWRC 4.24 Eligible Facilities Requests: December 7, 2020 Land Use and Transportation Committee Amendments to FWRC Chapters 4 and 19 — Wireless Communication Standards Page 3 a) Refers to the eligible facilities request requirements outlined in Section 19.257. 4) FWRC 19.256: repealed and replaced. Consolidates all zoning, permitting, and design standards for small wireless and major facilities located within or outside of the rights -of - way. 5) FWRC 19.257: New section for Eligible Facility Requests. Covers major and small wireless facilities within or outside of the rights -of -way. Process and Timeline The proposed amendments are primarily house -keeping items that re -organize the wireless communication code to consolidate zoning, permitting, and design requirements into one location and are updated to ensure consistency with federal and state law. The proposed code amendments have been shared with industry soliciting feedback. In addition, these code amendments have undergone SEPA review receiving a determination of non - significance, were subject of a public hearing and review at the December 2, 2020 Planning Commission meeting, and were provided to Washington State Department of Commerce as Notice of Intent to Adopt land use regulations. As of the date of this memo, no comments have been received. Any comments received will be shared and incorporated (if applicable) as part of the council adoption process. Planning Commission Public Hearing 12/02/2020 LUTC Review 12/07/2020 Council First Reading 1/05/2021 Council Second Reading and Enactment 1/19/2021 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to wireless communication facilities; repealing and replacing Federal Way Revised Code Chapters 4.23 (Small Wireless Deployment), 4.24 (Eligible Facilities Requests — Federally Required Review Periods), and 19.256 (Wireless Communications Facilities) in their entirety; revising Chapter 4.22 (Franchise for Use of Right -of -Way); and adding new Chapter 19.257 (Eligible Facilities Requests). (Repealing Ordinance No. 20-890, 20-833, 19-862, and 18-850 and amending Ordinance Nos. 17-833,18-863, and 18-851) WHEREAS, in a constantly evolving industry, telecommunications providers are beginning to utilize a new type of technology commonly known as "small- cell" facilities (herein "small wireless facilities") to implement higher bandwidths and increased demands for data; WHEREAS, the Federal Communications Commission ("FCC") has issued rules and regulations which limit local government's ability to regulate the deployment of small wireless facilities, but which allows local governments to adopt regulations affecting the aesthetics and design standards for small wireless facilities; and WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") was added to Title 19 FWRC pursuant to Ordinance No. 18-850 and established initial regulations related to wireless facilities; and WHEREAS, Chapter 19.256 FWRC was amended pursuant to Ordinance No. 19-862 to incorporate interim zoning and design regulations regarding small wireless facilities, and these interim regulations were renewed pursuant to Ordinance 20-883 and Ordinance No. 20-890; and WHEREAS, the City has evaluated its existing wireless facilities regulations which govern macro wireless facilities as set forth in Chapter 19.256 FWRC and eligible facilities Ordinance No. 21- Page I of 51 requests set forth in Chapter 4.24 FWRC, and determined that changes are needed to address compliance with FCC rules; and WHEREAS, the City desires to repeal the entirety of the existing Chapter 19.256 FWRC and replace it with a new Chapter 19.256 that (1) reaffirms the land use and zoning regulations for major wireless facilities, (2) clarifies the application and review process for major wireless facilities, (3) adopts land use and zoning regulations and design standards for small wireless facilities and, (4) sets forth the application and approval process for small wireless facilities; and WHEREAS, the City desires to add a new Chapter 19.257 FWRC establishing a consolidated chapter for all regulations related to Eligible Facilities Requests as prescribed by federal rules and regulations; and WHEREAS, upon timely notice, the City undertook a State Environmental Policy Act (SEPA) review of these wireless communication regulations and issued a Determination of Non - Significance for this non -project action; and WHEREAS, the Washington State Department of Commerce was provided a Notice of Intent to Adopt the proposed regulations and the City received no comments on the same; and WHEREAS, the proposed regulations went before the City of Federal Way Planning Commission for review, discussion, and consideration. Upon timely notice, a public hearing was held before the Planning Commission on December 2, 2020 and continued on December 16, and subsequently, the Planning Commission issued a recommendation that the City Council adopt the regulations as presented herein; and WHEREAS, the based on careful consideration of the facts and law, including without limitation the public testimony received, the Planning Commission's recommendation dated Ordinance No. 21- Page 2 of 51 December 2, 2020, the Staff Report dated November 23, 2020, and records and files with the office of the City Clerk, the Federal Way City Council finds that the proposed amendments attached and incorporated herein should be approved as presented. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Federal Way City Council finds as follows: 1. The above recitals set forth as "WHEREAS" clauses are hereby adopted as findings of fact in support of the adoption of this Ordinance. 2. The amendments that are incorporated herein comply with the requirements of the Washington State Growth Management Act and the City of Federal Way's municipal code. Section 2. FWRC 4.22.060 of the Federal Way Revised Code is hereby repealed in its entirety. Section 3. Chapter 4.23 of the Federal Way Revised Code is hereby repealed and replaced as follows: Chapter 4.23 — Small Wireless Facilities located on City Property 4.23.010 Applicability. Small wireless facilities, defined by FRWC 19.256.020, proposed to be located in the public right-of-way or on publicly owned property are subject to the requirements established in Chapter 19.256 FWRC. Section 4. Chapter 4.24 of the Federal Way Revised Code is hereby repealed and replaced as follows: Ordinance No. 21- Page 3 of 51 Chapter 4.24 — Eligible Facilities Requests located on City Property 4.24.010 Applicability. Eligible Facilities Requests, defined by FWRC 19.257.020(1)(c), related to an existing tower or base station located in the public right-of-way or on publicly owned property are subject to the requirements established in Chapter 19.257 FWRC. Section's. Chapter 19.256 FWRC, approved through Ordinance 18-850 by City Council on July 18, 2018 and associated interim amendments approved through Ordinance Nos. 19-862, 20-883, and 20-890 approved by City Council on January 9, 2019, January 21, 2020 and July 21, 2020 respectively, which established wireless communication facilities regulations are hereby repealed in their entirety and replaced as follows: Chapter 19.256 WIRELESS COMMUNICATION FACILITIES Sections: 19.256.010 Purpose and Scope. 19.256.020 Exemptions. 19.256.030 Definitions. 19.256.040 Federal regulatory requirements. 19.256.050 Small wireless facility application process. 19.256.060 Small wireless facility application requirements. 19.256.070 Small wireless facility review criteria and process. 19.256.080 Small wireless facility permit requirements. 19.256.090 Small wireless facility modification. 19.256.100 Small wireless facility aesthetic, concealment, and design standards. 19.256.110 Designated design zones for small wireless facilities. 19.256.120 Major wireless communication facility application and review process. 19.256.130 Major wireless communication facility application requirements. 19.256.140 Prioritized locations for major wireless communication facilities. 19.256.150 Major wireless communication facility development standards. 19.256.160 Expiration of major wireless communication facility permit. 19.256.170 Nonconformance exceptions. 19.256.180 Temporary wireless communication facilities. 19.256.190 Collocation. Ordinance No. 21- Page 4 of 51 19.256.200 Removal of facility. 19.256.210 Revocation of permit. 19.256.010 Purpose and Scope. The purpose of this chapter, in addition to implementing the general purposes of the comprehensive plan and development regulations, is to regulate the activities of permitting, placement, construction and modification of wireless communication facilities in order to protect the health, safety and welfare of the public while not unreasonably interfering with the development of a competitive wireless telecommunications marketplace within the city. This chapter provides permitting and review regulations as well as aesthetic, design and concealment standards for the construction of wireless communication facilities both within and without the public right-of-way. It also provides siting options at appropriate locations within the city to support existing communications technologies, to adapt to new technologies as needed, and to minimize associated safety hazards and visual impacts. The siting of wireless communication facilities on existing buildings and structures, colocation of telecommunication facilities on a single support structure and visual mitigation strategies are encouraged to preserve neighborhood aesthetics and reduce visual clutter in the city. 19.256.020 Exemptions. (1) Exemptions. The following antennas and facilities are exempt from the provisions of this chapter and shall be permitted in all zones consistent with the applicable development standards outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations: (a) WCFs used for temporary emergency communications in the event of a disaster, or emergency preparedness, and for any other public health or safety purpose, including, by way of Ordinance No. 21- Page 5 of 51 illustration and not limitation, any communications systems utilized by first responders such as police or fire. (b) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of FWRC 19.110.050, Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop appurtenances — Required screening. (c) Citizen band radios or antennas operated by federal licensing amateur ("ham") radio operators; provided such antennas comply with all applicable provisions of FWRC 19.110.050, Compliance generally, 19.110.060, Exceptions, and 19.110.070, Rooftop appurtenances — Required screening. (d) Satellite dish antennas less than two meters in diameter, including direct -to -home satellite services, when used as secondary use of the property; provided such antennas comply with all applicable provisions of FWRC 19.110.050; Compliance generally; 19.110.060, Exceptions; and 19.110.070, Rooftop appurtenances — Required screening. (e) Automated meter reading ("AMR") facilities for collecting utility meter data for use in the sale of utility services, except for WIP and other antennas greater than two feet in length; so long as the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the city. (f) Eligible facilities requests. See Chapter 19.257 FWRC. (g) Routine maintenance or repair of a major WCF and related equipment excluding structural work or changes in height, dimension, or visual impacts of the tower or support Ordinance No. 21- Page 6 of 51 structure; provided, however, that compliance with the standards of this title is maintained and a right-of-way use permit is obtained if the major WCF is located in the right-of-way. (h) Temporary major WCFs for large scale community events, limited to the duration of the event, plus two (2) days prior to the event and two (2) days after. 19.256.030 Definitions. For the purposes of this chapter, the following terms shall have the meaning ascribed to them below. Terms not defined in this section shall be defined as set forth in Chapter 19.05 FWRC: "Antenna(s)" in the context of small wireless and wireless communication facilities and consistent with 47 CFR 1.1320(w) and 1.6002(b) means an apparatus designed for the purpose of emitting radiofrequency ("RF") radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission ("FCC") authorization, for the provision of personal wireless and any commingled information services. For the purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized by 47 CFR Title 15. "Antenna equipment," consistent with 47 CFR 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, are mounted or installed at the same time as the antenna. "Antenna facility" means an antenna and associated antenna equipment. "Collocation" means: (i) Mounting or installing an antenna facility on a preexisting structure; and/or (ii) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Ordinance No. 21- Page 7 of 51 "Concealment elements" means stealth techniques specifically designated as concealment elements at the time of the original approval of the wireless facility for the purposes of rendering the appearance of the wireless facility as something fundamentally different than a wireless facility including but not limited to the use of nonreflective materials, appropriate colors, and/or a concealment canister. "Director" means the Public Works Director or designee. "Equipment enclosure" means a facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. "Associated equipment" may include, for example, air conditioning, backup power supplies, and emergency generators. "FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. "Major wireless communication facilities" or "Major WCF" means a large wireless service facility that provides radio frequency coverage for wireless services. Generally, major WCF antennas are mounted on ground -based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Major WCF typically contain antennas that are greater than three (3) cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. Major WFC include but are not limited to monopoles, lattice towers, macro cells, roof -mounted and panel antennas, and other similar facilities. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. "Service provider" shall be defined in accord with RCW 35.99.010(6). "Service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the construction of wireless communications. "Small wireless facility" shall be defined as provided in 47 CFR 1.6002(1). "Structure" means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (on its own or commingled with other types of services). "Telecommunications service" shall be defined in accord with RCW 35.99.010_ Ordinance No. 21- Page 8 of 51 "Tower" means any structure built for the sole or primary purpose of supporting any FCC - licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services, and fixed wireless services such as microwave backhaul and the associated site. "Traffic signal pole" means any structure designed and used primarily for support of traffic signal displays and equipment whether for vehicular or nonmotorized users. "Transmission equipment" means equipment that facilitates transmission for any FCC -licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. "Unified enclosure" means a small wireless facility providing concealment of antennas and equipment within a single enclosure. "Utility pole" means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths. "Wireless communication facilities" or "WCF" means facilities used for personal wireless services. "Wireline" means services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission. 19.256.040 Federal regulatory requirements. (1) These provisions shall be interpreted and applied in order to comply with the provisions of federal law. By way of illustration and not limitation, any WCF that has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied on the basis of RF radiation concerns. (2) WCFs shall be subject to the requirements of this Code to the extent that such requirements: (a) Do not unreasonably discriminate among providers of functionally equivalent services; and Ordinance No. 21- Page 9 of 51 (b) Do not prohibit or have the effect of prohibiting wireless service within the city. 19.256.050 Small wireless facility application process. (1) Applicability. Any application for a small wireless facility both inside and outside of the right-of-way shall comply with the application requirements for a small wireless facility permit described in this chapter. For small wireless facilities inside the right-of-way, the applicant must also comply with the requirements pursuant to Chapter 4.22 FWRC. The small wireless facility permits are issued by the Director. (2) Completeness. An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by FWRC 19.256.060 and, to the extent relevant, has submitted all the applicable items in FWRC 19.256. 050(3) and the city has confirmed that the application is complete. Franchisees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional phases of a small wireless facilities system at any time subject to the commencement of a new completeness review time period for permit processing. (3) Application Components. The Director is authorized to establish franchise and other application forms to gather the information required to evaluate the application from applicants and to determine the completeness of the application as provided herein. The application shall include the following components as applicable: (a) Franchise. If any portion of the applicant's facilities are to be located in the right-of-way, the applicant shall apply for, and receive approval of a franchise, consistent with the requirements in Chapter 4.22 FWRC. An application for a franchise may be submitted concurrently with an application small wireless facility pennit(s). Ordinance No. 21- Page 10 of 51 (b) Small Wireless Facility Permits. The applicant shall submit a SWF permit application as required in the small wireless facility application requirements established in FWRC 19.256.060 and pay the permit fee as set forth in the fee schedule which may be amended by City Council from time to time. (c) Associated Application(s) and Checklist(s). Any application for a small wireless permit which contains an element which is not categorically exempt from SEPA review shall simultaneously apply under Chapter 43.21 C RCW and Title 14 FWRC. Further, any application proposing small wireless facilities in a shoreline area (pursuant to Chapter 15.05 FWRC) or a critical area (pursuant to Chapter 19.145 FWRC) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities in design zones or for new poles shall comply with the requirements in FWRC 19.256.100(5). Applications for small wireless facilities in design zones or for new poles shall comply with the requirements in FWRC 19.256.100(5). (d) Leases. An applicant who desires to attach a small wireless facility on any utility pole, light pole, or other structure or building owned by the city shall obtain a lease as a component of its application. Utility poles and the use of other public property, structures or facilities, including but not limited to any park land or facility, require city council approval of a lease or master lease agreement. 19.256.060 Small wireless facility application requirements. The following information shall be provided by all applicants for a small wireless permit. (1) The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize Ordinance No. 21- Page 11 of 51 existing, replacement or new poles, towers, existing buildings and/or other structures. The applicant shall specify ground -mounted equipment, conduit, junction boxes and fiber and power connections necessary for and intended for use in the small wireless facilities system regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. The applicant shall provide detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards. The application shall have sufficient detail to identify: (a) The location of overhead and, to the extent applicable, underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which the project area shall include the location of the fiber source and power source). Further, the applicant shall include all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of the proposed project area. (b) The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or significant landscaping to be disturbed during construction. The applicant is discouraged from cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed the applicant must comply with applicable provisions of Chapter 19.120 FWRC and Chapter 4.35 FWRC. Ordinance No. 21- Page 12 of 51 (c) The applicant's plan for fiber and power service, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility, to the extent to which the applicant is responsible for installing such fiber and power service, conduits, cables, and related improvements. Where another party is responsible for installing such fiber and power service, conduits, cables, and related improvements, applicant's construction drawings shall include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain power and fiber service to the small cell facility. (d) A photometric analysis of the roadway and sidewalk within 150 feet of the existing light if the site location includes a new light pole. (e) Compliance with the applicable aesthetic requirements pursuant to FWRC 19.25 6. 100, (2) The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design specifications for the pole, as well as assurances that the specific pole can withstand wind and seismic loads as well as assurances in accordance with subsection (6), from the pole owner, unless the pole owner is the city. For city - owned utility poles or structures, the applicant shall obtain a lease from the city prior to or concurrent with the small wireless permit application so that the city can evaluate the use of a specific pole. (3) The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area and/or with similar designs. Ordinance No. 21- Page 13 of 51 (4) The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small wireless facilities will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small wireless facility will operate. If facilities that generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions from the entire installation. The applicant may provide one emissions report for the entire batch of small wireless facility applications if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch. (5) The applicant shall provide proof of FCC or other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed. (6) A professional engineer licensed by the state of Washington shall certify in writing, over his or her seal, that construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as required by applicable codes. (7) A right-of-way work permit application as required by FWRC 4.25.030. (8) Proof of a valid Federal Way business license. (9) Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the structural safety of city -owned structures and to formulate and publish application questions for use when an applicant seeks to attach to city - owned structures. Ordinance No. 21- Page 14 of 51 (10) Such other information as the Director, in his/her reasonable discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations. 19.256.070 Small wireless facility review criteria and process. (1) The following provisions relate to review of applications for a small wireless facility permit: (a) In any zone, upon application for a small wireless permit, the city will permit small wireless facilities only when the application meets the criteria of this Chapter 19.256 FWRC. (b) Vertical clearance shall be reviewed by the Director to ensure that the small wireless facilities will not pose a hazard to other users of the rights -of -way. (c) Replacement poles, new poles, and ground -mounted equipment permitted pursuant to FWRC 19.256.100(1)(b) shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the right-of- way. Further, the location of any replacement pole, new pole, or ground -mounted equipment must: be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety. (d) No equipment shall be operated so as to produce noise in violation of Chapter 7.10 FWRC. (e) Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner's express written consent. Ordinance No. 21- Page 15 of 51 (2) Decision. All small wireless facility applications shall be reviewed and approved or denied by the Director. The Director's decision shall be final and is not subject to appeal under city code or further review by the city. (3) Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facilities request so long as the expansion: (a) does not defeat design concealment elements specifically designated as stealth techniques, (b) it incorporates the aesthetic elements required as conditions of approval set forth the original small wireless facility approval in a manner consistent with the rights granted an eligible facility, and (c) does not exceed the conditions of a small wireless facility as defined by 47 CFR 1.6002(1). (4) Public Notice. The city shall provide notice of a complete application for a small wireless permit on the city's website with a link to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed small wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public's information and is not a part of a hearing or part of the land use appeal process. (5) Withdrawal. Any applicant may withdraw an application submitted at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the Director's decision, then reimbursement of fees submitted in association with said application shall be reduced to withhold the amount of actual Ordinance No. 21- Page 16 of 5 1 and objectively reasonable city costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Director's decision, there shall be no refund of all or any portion of such fee. (6) Supplemental Information. Failure of an applicant to provide supplemental information as requested by the Director within 90 days of notice by the Director shall be grounds for denial of that application unless an extension period has been approved by the Director. If no extension period has been approved by the Director, the Director shall notify the applicant in writing that the application is denied. 19.256.080 Small wireless facility permit requirements. (1) Permit Compliance. The permittee shall comply with all of the requirements within the small wireless facility permit. (2) Post -Construction As-Builts. Upon request, the permittee shall provide the city with as-builts of the small wireless facilities, within 30 days after construction of the small wireless facility, demonstrating compliance with the permit, visual renderings submitted with the permit application and any site photographs taken. (3) Construction Time limit. Construction of the small wireless facility must be completed within 12 months after the approval date by the city. The permittee may request one extension of no more than six months, if the permittee provides an explanation as to why the small wireless facility cannot be constructed within the original 12-month period. (4) Site Safety and Maintenance. The permittee must maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other Ordinance No. 21- Page 17 of 51 vandalism of the small wireless facility and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. (5) Operational Activity. The permittee shall commence operation of the small wireless facility no later than six months after installation. The permittee may request one extension for an additional six-month period if the permittee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities. 19.256.090 Small wireless facility modification. (1) If a permittee desires to modify small wireless facilities, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole -mounted or ground -mounted equipment, or modifying the concealment elements, then the permittee shall apply for a new small wireless permit. (2) A small wireless permit shall not be required for routine maintenance and repair of a small wireless facility within the rights -of -way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements used in the original small wireless facility and does not impact the structural integrity of the pole. Further, a small wireless permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities. An annual blanket right-of-way permit will be required for such routine maintenance, repair, or replacement and can cover all facilities owned by the applicant. 19.256.100 Small wireless facility aesthetic, concealment, and design standards. (1) All small wireless facilities shall conform with the following general aesthetic, concealment, and design standards, as applicable: Ordinance No. 21- Page 18 of 51 (a) Except for locations in the right-of-way, small wireless facilities are not permitted on any property containing a residential use in residential zones. (b) Ground -mounted equipment in the rights -of -way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that pole -mounted or undergrounded equipment is technically infeasible. If ground -mounted equipment is necessary, then the applicant shall submit a concealment element plan substantially conforming to the applicable standards in FWRC 19.256.100(5)(c) and comply with the Americans with Disabilities Act ("ADA"), city construction standards, and state and federal regulations in order to provide a clear and safe passage within the public right-of-way. Generators located in the rights -of -way are prohibited. (c) No signage, message, or identification other than the manufacturer's identification or identification required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs may be permitted as concealment element techniques where appropriate and safety signage as required by applicable laws, regulations, and standards is permitted. (d) Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of the required concealment element requirements pursuant to FWRC 19.256.100(5)(c). (e) The design standards in this Chapter are intended to be used solely for the purpose of concealment and siting. Nothing contained in this chapter shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these Ordinance No. 21 _ Page 19 of 51 requirements would render the small wireless facility technically infeasible or otherwise have the effect of prohibiting wireless service, alternative forms of aesthetic design or concealment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape. (2) General Pole Standards. In addition to complying with the general standards in FWRC 19.256.100(1), all small wireless facilities on any type of pole shall conform to the following general pole design requirements as well as the applicable pole specific standards: (a) The preferred location of a small wireless facility on a pole is the location with the least visible impact. (b) The city may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights -of -way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant. (c) Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant's ability to provide telecommunications service in violation of 47 USC 253 and 332. (d) Replacement poles and new poles shall comply with the Americans with Disabilities Act, city construction and sidewalk clearance standards, city development standards, city ordinances, and state and federal laws and regulations in order to provide a clear and safe passage within the rights -of -way. Further, the location of any replacement or new pole must: be physically possible, Ordinance No. 21- Page 20 of 51 comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety. (e) Replacement poles shall be located as near as possible to the existing pole and the abandoned pole shall be removed. (f) Side arm mounts for antennas or equipment must be the minimum extension necessary, and for wooden poles may be no more than 12 inches off the pole, and for nonwooden poles no more than six inches off the pole. (3) Nonwooden Pole Design Standards. In addition to complying with the general standards in FWRC 19.256.100(1) and FWRC 19.256.100(2), small wireless facilities attached to existing or replacement nonwooden poles in the right-of-way or nonwooden poles outside of the right-of- way shall conform to the following design criteria: (a) Antennas and the associated equipment enclosures (excluding disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush - mounted to the pole, meaning no more than 6 inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. Ordinance No. 21- Page 21 of 51 For purposes of this section, "incompatible with the pole design" may include a demonstration by the applicant that the visual impact to the pole or the streetscape would be reduced by placing the antennas and equipment exterior to the pole. (b) The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. (c) All conduit, cables, wires, and fiber must be routed internally in the pole. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment. (d) An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, unless the applicant can demonstrate that more space is needed. To the extent technically feasible, the antennas shall be integrated into the pole design so that they appear as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. To the extent technically feasible, all cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. (e) Any replacement pole shall substantially conform to the design of the pole it is replacing (including but not limited to color, shape and style) or the neighboring pole design standards utilized within the contiguous right-of-way. (f) The height of any replacement pole and antenna(s) may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height. Ordinance No. 21- Page 22 of 51 (g) The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in subsection (5)(c) of this section. (h) The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. (4) Wooden pole design standards. In addition to complying with the general standards in FWRC 19.256.100(1) and FWRC 19.256.100(2), small wireless facilities attached to existing or replacement wooden utility poles and other wooden poles inside or outside the right-of-way shall conform to the following design criteria: (a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. (b) A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required Ordinance No. 21- Page 23 of 51 and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A "pole extender" as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the "pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. (c) Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city. (d) The diameter of a replacement pole shall comply with the city's setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole or the otherwise standard size used by the pole owner. (e) All cables and wires shall be routed through conduits along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility. (f) To the extent technically feasible, antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached. (g) Antennas shall not be mounted more than 12 inches from the surface of the wooden pole. (h) Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna shall not be more than three cubic feet in volume. Ordinance No. 21- Page 24 of 51 (i) A canister antenna may be mounted on top of an existing or replacement wooden pole, which may not exceed the height requirements described in subsection (4)(a) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole, and to the extent technically feasible, shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may install a side -mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole. 0) The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. (k) An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket. (1) All related antenna equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner. (m) Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to subsection (4)(a) of this section. The Ordinance No. 21- Page 25 of 51 equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna, and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure(s) behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. (n) An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole does not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs. (o) The visual effect of the small wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible. (p) The use of the wooden pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the Ordinance No. 21- Page 26 of 51 sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. (5) Small wireless facilities on new poles in the rights -of -way or in a design zone. In addition to complying with the general standards in FWRC 19.256.100(1) and FWRC 19.256.100(2), small wireless facilities proposed to be attached to new poles or in a design zone shall comply with following: (a) New poles within the rights -of -way are only permitted if the applicant can establish that: (i) The proposed small wireless facility cannot be located on an existing utility pole or light pole, electrical transmission tower or on a site outside of the public rights -of -way such as a public park, public property, building, transmission tower or in or on a nonresidential use in a residential zone, whether by roof or panel mount or separate structure; (ii) The proposed small wireless facility receives approval for a concealment element design, as described in this subsection; (iii) The proposed small wireless facility also complies with Shoreline Management Act, Growth Management Act, and State Environmental Policy Act, if applicable; and (iv) No new poles shall be located in a critical area or associated buffer required by the city's environmentally critical areas ordinance, Chapter 19.145 FWRC, except when determined to be exempt pursuant to said ordinance. (b) An application for a new pole is subject to administrative review by the Director. (c) All new poles shall conform to the city's standard pole design established in the city's public works development standards. If no existing metered service is available, the applicant Ordinance No. 21_ Page 27 of 51 shall provide new metered electrical service. If the city's standard pole design is technically infeasible, the new pole shall meet the following: (i) The concealment element design shall include the design of the screening, fencing, or other concealment technology for a tower, pole, or equipment enclosure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections. (ii) The concealment element design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights -of -way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design district, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Director otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color, and texture — or the appearance thereof — as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wires are installed internally within the structure. Further, applicant designs should, to the extent technically feasible, comply with the generally applicable design standards adopted pursuant to this section. Ordinance No. 21- Page 28 of.51 (iii) If the Director has already approved a concealment element design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technically feasible, or that such design would undermine the generally applicable design standards. (iv) Even if an alternative location is established pursuant to subsection (5)(a)(1) of this section, the Director may determine that a new pole in the right-of-way is in fact a superior alternative based on the impact to the city, the concealment element design, the city's comprehensive plan and the added benefits to the community. (v) Prior to the issuance of a permit to construct a new pole or ground -mounted equipment in the right-of-way, the applicant must obtain a master lease agreement from the city to locate such new pole or ground -mounted equipment. This requirement also applies to replacement poles that are taller than the replaced pole, when the overall height of the replacement pole and the proposed small wireless facility is more than 60 feet. (6) Small wireless facilities attached to cables. In addition to complying with the applicable general standards in FWRC 19.256.100(1), all small wireless facilities mounted on existing cables strung between existing utility poles shall conform to the following standards: (a) Each strand -mounted facility shall not exceed three cubic feet in volume; (b) Only one strand -mounted facility is permitted per cable between any two existing poles on an existing cable; Ordinance No. 21- Page 29 of 5 1 (c) The strand -mounted devices shall be placed as close as feasible to the nearest utility pole, in no event more than five feet from the pole unless that location is technically infeasible or is not allowed by the pole owner for safety clearance; (d) No strand -mounted device shall be located in or above the portion of the roadway open to vehicular traffic; (e) Ground -mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets or required by a third party electrical service provider; and (f) Pole -mounted equipment shall comply with the requirements of subsections (a) and (b) of this section. (g) Such strand -mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand). (7) Small wireless facilities attached to existing buildings. In addition to complying with the applicable general standards in FWRC 19.256.100(1), all small wireless facilities attached to existing buildings shall conform to the following design criteria: (a) Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme. (b) The interruption of architectural lines or horizontal or vertical reveals is discouraged. (c) New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. (d) Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. Ordinance No. 21- Page 30 of SI (e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. (f) To the extent technically feasible, small wireless facilities shall be painted and textured to match the adjacent building surfaces. 19.256.110 Designated design zones for small wireless facilities. Design zones. The following zones are designated as design zones for the purpose of the application of the provisions of this chapter: (1) City center core (CC-C); (2) City center frame (CC-F); (3) Designated landmark districts. 19.256.120 Major wireless communication facility application and review process. (1) Application. Upon receipt of a complete application for a major wireless communication facility, the application shall be processed as a Process II application; provided that temporary major WCFs are subject to Process I review. See Chapters 19.60 and 19.55 FWRC. (2) Public Notice. Notice shall be provided as required for Process I and II applications. (3) Review. The Director shall review the application for conformance with the application requirements and review criteria to determine whether the application is consistent with this chapter. (4) Decision. A permit may be granted, granted with conditions pursuant to this chapter and the code, or denied. Any condition reasonably required to enable the proposed use to meet the Ordinance No. 21-. Page 31 0f'51 standards of this chapter and code may be imposed. If the application cannot meet the standards of this chapter through the imposition of reasonable conditions, the application shall be denied. 19.256.130 Major wireless communication facility application requirements. (1) Process II permit applications for major WCFs, excluding temporary major WCFs, shall include the following minimum information in addition to that required for the underlying permit review process: (a) A diagram or map showing the primary viewshed of the proposed facility. (b) Three photo simulations of the proposed facility from affected properties and/or public rights -of -way at varying distances. These photo simulations should include examples of camouflage and stealth installation options, if applicable. (c) Architectural elevations of proposed facility and site. (d) If applicable, a propagation map of the proposed major WCF at the requested height and an explanation of the need for that facility at that height and in that location. (e) An inventory of other major WCF sites operated by the applicant and all other service providers within a half -mile radius of the proposed major WCF location. (f) A site/landscaping plan showing the specific placement of the major WCF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of proposed plant materials used to screen WCF components. (g) If the major WCF equipment cabinet is proposed to be located above ground, an explanation of why it is impracticable to locate the cabinet underground. (h) Documentation of efforts to collocate on existing facilities. Ordinance No. 21- Page 32 of 51 (i) In proposing a major WCF in a particular location, the applicant shall analyze the feasibility of locating the proposed major WCF in each of the higher priority locations and document, to the city's satisfaction, why locating the major WCF in each higher priority location and/or zone is not being proposed. 0) If proposing a new tower, the applicant shall submit a signed statement indicating they agree to allow for the potential collocation of additional major WCF equipment by other service providers on the applicant's structure or within the same wireless site location. If an applicant contends that future collocation is not possible on its site, it must submit a technical study documenting why. (k) The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. (2) Process I permit applications for temporary WCFs shall include the following minimum information: (a) Documentation of previously permitted facility, -if applicable. (b) Site plan showing proposed location of temporary WCF in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (c) Mockups or other visual representations of the proposed facility. Ordinance No. 21- Page 33 of 5 l 19.256.140 Prioritized locations for major wireless communication facilities. The following sites shall be the required order of location for proposed major WCFs, including antenna and equipment enclosures. In order of preference, the prioritized locations for major WCFs are as follows: (1) Structures located in the BPA transmission easement. A major WCF may be located on any existing support structure currently located in the easement upon which are located U.S. Department of Energy/Bonneville Power Administration (`BPA") power lines regardless of underlying zoning. (2) Existing wireless sites and towers. A major WCF may be located on an existing site or tower where a legal WCF is currently located regardless of underlying zoning. If an existing wireless site or tower is located within a half -mile radius of a proposed major WCF location, the applicant shall document why collocation on the existing wireless site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city. (3) Institutional uses and structures. If the city, a utility, institutional uses, or other public agency consents to such location, a major WCF may be located on existing structures, such as water towers, utility structures, fire stations, bridges, churches, schools, and other public buildings within all zoning districts, provided the public facilities are not located within public rights -of - way. (4) Appropriate zoning districts. A major WCF may be located in or on other public or private property, buildings, or structures within nonresidential zoning districts as allowed by the zoning chart. Ordinance No. 21- Page 34 of 51 (5) If the applicant demonstrates to the city's satisfaction that it is not technically feasible to site in a prioritized location, or as expressly allowed by the zoning chart, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city through a Process III review using the following test: Would denial of the application effectively prohibit the provision of service in violation of 47 USC 253 and/or 332? 19.256.150 Major wireless communication facility development standards. The following development standards shall be followed in the design, siting, and construction of a major WCF: (1) Building- or structure -mounted major WCFs on existing buildings or structures outside of the public right-of-way. Major WCFs mounted on existing buildings and structures shall conform to the following development standards: (a) The equipment cabinet for the major WCF shall meet all requirements of subsection (4) of this section. (b) The maximum size of the major WCF panels and number of antennas shall the minimum necessary to achieve the service objective. (c) The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing maximum height of the underlying zone as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. Antennas may be mounted to rooftop appurtenances, as identified in FWRC 19.110.070, provided they do not Ordinance No. 21- Page 35 of 51 extend beyond 15 feet above the maximum height of the structure as defined per FWRC 19.05.080, H definitions. (d) The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures. (e) It is the applicant's responsibility to prove that the proposed size of the major WCF panels and number of antennas is the minimum size and number necessary. (f) Within residential zones, equipment enclosures, and buildings to house equipment cabinets located above ground shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. (g) The major WCF shall comply with all other applicable standards of this code. (2) New freestanding major WCFs. All requirements of the associated land use zoning charts must be met. Additionally, these structures shall conform to the following site development standards: (a) Placement of a freestanding major WCF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. (b) Monopoles shall be the only freestanding structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more service providers as part of a joint permit application. Ordinance No. 2 1 - Page 36 of 51 (c) A freestanding major WCF may not be located closer than 500 feet to an existing freestanding major WCF whether it is owned or utilized by the applicant or another service provider, unless the applicant demonstrates that a closer distance is justified by technical need or better screening result. (d) A freestanding major WCF, including the support structure and associated equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new freestanding major WCFs shall be 20 feet for front, side, and rear yards. (e) Freestanding major WCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: (i) Use existing site features to screen as much of the total WCF as feasible from prevalent views; and/or (ii) Use existing site features as a background so that the total major WCF blends into the background with increased distances. (f) In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. (3) Standards for equipment cabinets. Equipment cabinets shall either: (a) Be placed in a new or existing completely enclosed building. It is the applicant's responsibility to prove that the proposed size of the building is the minimum size necessary to house the equipment; or Ordinance No. 21- Page 37 of '51 (b) Be placed above ground in a new or existing equipment enclosure. It is the applicant's responsibility to prove that the proposed size of the equipment enclosure is the minimum size necessary to house the equipment. If the equipment enclosure is located within a new enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The enclosed building shall be screened to the greatest extent feasible from any street and/or adjacent properties by landscaping and/or topography. (4) Standards for equipment enclosures. (a) Equipment enclosures shall not be allowed within the right-of-way. (b) In residential zones, equipment enclosures located above ground on properties shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards; however, for undeveloped sites in nonresidential zones, if the applicant can demonstrate that the equipment enclosure can blend in harmoniously with the existing site and complement the landscape buffer requirements of the underlying zone, as determined appropriate by the Director, the equipment enclosure can be located inside of the 20-foot setback but outside of the required landscaping buffer of the underlying zone. (c) Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. Ordinance No. 21- Page 38 of'51 (d) Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. (e) Equipment enclosures and screening shall not adversely impact vehicular sight distance. (5) Security fencing. (a) No fence shall exceed six feet in height as stipulated in FWRC 19.125.160(5). (b) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. (c) Chain -link fences shall be painted or coated with a nonreflective color. (6) Cumulative effects. The city shall consider the cumulative visual effects of major WCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits may be granted so as to not adversely affect the visual character of the city. (7) Signage. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for small signs used for identification, hazard warning, and name of service provider; provided that, safety signage as required by applicable laws, regulations, and standards is permitted. (8) Use zone charts, height and permit process. (a) The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. (b) Allowed heights shall be established relative to the appropriate process as outlined in the use zone charts, FWRC Title 19, Division VI, Zoning Regulations. Ordinance No. 21- Page 39 of 51 19.256.160 Expiration of major wireless communication facility permit. A major WCF permit issued under this chapter must be substantially implemented within three years from the date of final approval or the permit shall expire. The holder of the permit may request one extension to be limited to 12 months, if the applicant cannot construct the major WCF within the original three-year period. 19.256.170 Nonconformance exceptions. Permit applications made under this section to locate a major WCF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 19.30 FWRC, Nonconformance, to bring the property into conformance as follows: (1) To provide the public improvements required by Chapter 19.135 FWRC, Development Improvements, as stipulated in FWRC 19.30.110. (2) To bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality as stipulated in FWRC 19.30.120(1)(g). All other requirements of FWRC 19.30.120 to bring the property into conformance with the development regulations prescribed in FWRC Title 16 relating to water quality shall apply. 19.256.180 Temporary major wireless communication facilities. (1) As determined by the Director, a temporary major WCF may be deployed and operated with a Process I approval as follows: (a) The temporary major WCF creates no adverse public health or safety impacts. (b) Only one temporary major WCF shall be permitted per single property. Ordinance No. 21- Page 40 of'51 (c) Prior to installation of the temporary major WCF, the applicant shall provide the city with a cash bond in an amount to be determined by the Director in order to guarantee performance of future removal and restoration of the site. (2) Temporary major WCF may be permitted for a duration not to exceed: (a) up to ninety (90) days if for a community event; or (b) up to six (6) months if the temporary major WCF applicant can demonstrate to the city's satisfaction that the permanent underlying structure is being redeveloped. 19.256.190 Collocation. (1) A permittee shall cooperate with other service providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other service providers to collocate and share the permitted site, provided such shared use does not give rise to a technical impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new service provider, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit. 19.256.200 Removal of facility. (1) Abandonment and removal. The owner or operator of a WCF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a WCF shall notify the city in writing of the abandonment of a particular facility within 30 days of the date the WCF is abandoned. The Ordinance No. 21- Page -41 of 51 abandoned WCF shall be removed by the facility owner within 90 days of the date the WCF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes structural features, paint, landscaping, or general lack of maintenance that could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. (2) Partial abandonment and removal. If the abandoned antennas on any major WCF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the major WCF shall be considered partially abandoned. The owner or operator of any partially abandoned major WCF shall notify the city in writing of the partial abandonment of a particular facility within 30 days of the date the major WCF is partially abandoned. The owner of the major WCF shall have 120 days from the date of partial abandonment to collocate another service on the major WCF. If another service provider is not added to the major WCF within the allowed 120-day collocation period, the owner shall, in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure that exceeds the point at which the highest operational antenna is mounted. (3) Removal and lien. If the owner or operator fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. The city may enforce this subsection using the procedures as set forth in Chapter 1.15 FWRC. Ordinance No. 21-_ Page 42 of 51 19.256.210 Revocation of permit. A permit issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons: (1) Failure to comply with any federal, state, or local laws or regulations; (2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; (3) When the permit was procured by fraud, false representation, or omission of material facts; (4) Failure to cooperate with other major WCF providers in collocation efforts as required by this chapter; (5) Failure to comply with federal standards for RF emissions; and (6) Pursuant to FWRC 19.05.300(3), the city shall use the same criteria to determine if the permit shall be revoked as it used to grant the permit. Section 6. Title 19 of the Federal Way Revised Code is hereby amended by the addition of a new Chapter — 19.257 "Eligible Facilities Requests": Chapter 19.257 ELIGIBLE FACILITIES REQUESTS Sections: 19.257.010 Purpose 19.257.020 Definitions 19.257.030 Application. 19.257.040 Qualification as an eligible facilities request. 19.257.050 Time frame for review. 19.257.060 Tolling of the time frame for review. 19.257.070 Determination that application is not an eligible facilities request. 19.257.080 Failure to act. Ordinance No. 21- Page d3 of 51 19.257.010 Purpose. Under 47 U.S.C. § 1455 and relevant Federal Communications Commission ("FCC") regulations, a local jurisdiction must approve a modification of a wireless facility qualifying as an eligible facility request. Accordingly, the city adopts the following provisions for review of applications for eligible facility requests as defined by this chapter and federal law. 19.257.020 Definitions. (1) Definitions. The following definitions shall apply to eligible facilities requests only as described in this chapter: (a) "Base station" means a structure or equipment at a fixed location that enables FCC - licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base station includes, without limitation: (i) Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small wireless- networks). (iii) Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (1)(a)(1) and (ii) of this section that has been reviewed and approved under the applicable zoning Ordinance No. 21- Page 44 of 51 or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. (iv) The term does not include any structure that, at the time the eligible facilities request application is filed with the city, does not support or house equipment described in subsections (1)(a)(i) and (ii) of this section. (b) "Collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. (c) "Eligible facilities request" means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) Collocation of new transmission equipment; (ii) Removal of transmission equipment; or (iii) Replacement of transmission equipment. (d) "Eligible support structure" means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city. (e) Existing. A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. Ordinance No. 21- Page 45 of 51 (f) Site. For towers other than towers in the public rights -of -way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process. (g) Substantial Change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: (i) For towers other than towers in the public right-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater; (ii) For towers other than towers in the public right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; (iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; Ordinance No. 21- Page 46 of 51 or, for towers in the public right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure; (iv) It entails any excavation or deployment outside the current site , except that, for towers other than towers in the public rights -of -way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; (v) It would defeat the concealment elements of the eligible support structure; or (vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above. (h) "Tower" means any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site. (i) "Transmission equipment" means equipment that facilitates transmission for any FCC - licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The Ordinance No. 21- Page 47 of 51 term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 19.257.030 Application. (1) Application. The Director shall prepare and make publicly available an application form that shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. 19.257.040 Qualification as an eligible facilities request. Upon receipt of an application for an eligible facilities request, the Director shall review such application to determine whether the application qualifies as an eligible facilities request. 19.257.050 Time frame for review. Applications for an eligible facilities request are reviewed by the Director or his/her designee, who will approve the application within 60 days of the date an applicant submits an eligible facilities request application, unless the Director or designee determines that the application does not qualify under FWRC 19.257.020. 19.257.060 Tolling of the time frame for review. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the city and the applicant or in cases where the city determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications. Ordinance No. 21- Page 48 of 51 (1) To toll the time frame for incompleteness, the city shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. (2) The time frame for review begins running again when the applicant makes a supplemental submission in response to the city's notice of incompleteness. (3) Following a supplemental submission, the city will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. 19.257.070 Determination that application is not an eligible facilities request. If the city determines that the applicant's request does not qualify as an eligible facilities request, the city shall deny the application. 19.257.080 Failure to act. In the event the city fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. Section 7. 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 Ordinance No. 21- Page 49 of 51 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 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. 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 2021. [signatures to follow] Ordinance No. 21- Page 50 of 51 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 51 of 51 COUNCIL MEETING DATE: January 5, 2021 ITEM #: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: COMPREHENSIVE PLAN AMENDMENT/REZONE POLICY QUESTION: Should the property located east of 27606 Pacific Hwy South, parcels 720480-0172, 720480-0174 and 720480-0165 be re-classified from High Density Residential to Multi -Family, and rezoned from RS7.2 to RM 1800? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 7, 2020 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Doc Hansen, Principal Planner DEPT: CD, Planning Division Attachments: Staff Report Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 't DIRECTOR APPROVAL: �I I-23-2000 C. itt Cn it InitiaVDate Initial c Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 5, 2021. V l ✓4 Z!f rf- vt c e V, Greg Baruso, Committee Chair Martin Moore, Committee Member HoangTran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JANUARY 5, 2021): "1 move to forward approval of the ordinance to the January 19, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 19, 2021): "I 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 N MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 2/2020 RESOLUTION # CITY OF Federal Way LAND USE AND PLANNING COMMITTEE REPORT STAFF REPORT December 7, 2020 TO: Greg Baruso, Land Use and Transportation Committee, Chair FROM: Brian Davis, Community Development Director Stacey Welsh, Planning Manager /)t -tx"- Robert "Doc" Hansen, Principal Planner *44 SUBJECT: File 20-100129-UP: 2020 Proposed Comprehensive Plan Amendment and Rezone for Shelter Resources Property from RS-7.2 to High Density, Multiple Family Classification and RM 1800. I. INTRODUCTION Pursuant to RCW 36.70A(2)(a), the City of Federal Way may update its comprehensive plan annually. Per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review citizen -initiated requests on an annual basis. As part of the annual review, the city may also make changes to chapters and maps of the comprehensive plan. The governing body shall consider all proposals concurrently so that the cumulative effect of the various proposals can be ascertained. Shelter Resources, Inc. requested a continuation for its comprehensive plan amendment and rezone on October 20, 2020, at the original proposal's second reading before City Council. Shelter Resources, Inc. requests to change the designations of parcels #720480-0172, #720480- 0174, and now the additional parcel #720480-0165. The proposal is to change the land's classification from Single -Family High Density Residential and Single -Family (RS 7.2, one unit per 7,200 square feet) to Multifamily Residential and Multifamily 1800 (RM 1800, one unit per 1,800 square feet. All parcels are within one half mile of the planned 272' Sound Transit Light Rail Station, at South 272na Street. These parcels do not front on a public street. However, the applicant has acquired the Silver Shadow Apartments, which is adjacent to the west, in order to provide the necessary access to parcels of the project. Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 1 of 8 The Planning Commission heard the original proposal on August 19, 2020, and heard the revised proposal including the additional parcel on December 2. 2020. Circumstances regarding the proposal have not changed. II. PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FVWRC.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. Even though this proposal was properly noticed and a public hearing held before the Planning Commission on August 19, 2020, the adjustment to the area proposed for zone/ comprehensive plan amendment to accommodate a revised proposal required and additional Planning Commission hearing on December 2, 2020. This adjustment was recommended by the Planning Commission after public hearing, and recommended to the City Council approval of the proposal. III. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) March 13, 2020 End of SEPA Comment Period March 27, 2020 End of SEPA Appeal Period April 17, 2020 Public Hearing before the Planning Commission August 19, 2020 LUTC Meeting September 14, 2020 City Council 1st Reading October 8, 2020 City Council 2nd Reading Postponed 2nd Public Hearing before Planning Commission December 2, 2020 LUTC Meeting December 7, 2020 City Council 1st Reading January 5, 2021 City Council 2nd Reading January 19, 2021 Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 2 of 8 IV. BACKGROUND AND PROJECT DESCRIPTION The land requested for rezone is three parcels, equaling 5.48 acres in size, and is currently vacant. In 2017, Shelter Resources, Inc. requested information on rezone of the property in order to allow development of a multiple -family, transit -oriented project. The property does not front a public street, and therefore, had no documented access to Pacific Highway South when the application was made. Access was to be secured before the city would consider the requested RM 1800 zoning. The land owners indicated that they would eventually obtain public access by the time of the public hearing, and the city submitted the proposal to the state's Department of Commerce for review of the proposal's adherence to RCW 36.70A, the Growth Management Act. No issues were raised by the Department of Commerce on the proposal. Since the 2018 application, the applicants for the proposal have secured public access to the property through an existing multiple -family development. Land Use An existing multiple family residential development is located adjacent and west of the proposed rezone/comprehensive plan site, similar to the request made by the applicant. A Metro Transit Park and Ride area is located north of the site and is zoned Community Business (BC). Land at the northeast point of the site is zoned RM 1800 and is developed with multifamily housing. Land directly east of the proposed change is zoned RS 7.2 and is vacant and restricted to development. Approximately 200 feet southeast from the southeastern corner of the proposed rezone site is a developed single-family subdivision zoned RS 7.2. Land directly south and adjacent of the site is proposed for storage and is zoned BC. The single-family development located southeast of the proposal is buffered from this proposed by a Native Growth Protection Easement (NGPE), where development is prohibited. Multi -family housing is not allowed in the existing RS 7.2 zone. However, it is allowed in the requested RM 1800 zone. The applicant is requesting a comprehensive plan designation amendment and rezone in order to allow transit -oriented multi -family housing since the parcel is within a half mile of the planned 272°d Sound Transit Light Rail Station. The station is planned to be operating by 2024 at the existing Star Lake Park and Ride located adjacent to the intersection of I-5 and South 272" d Street. SEPA Issuance of a determination of nonsignificance (DNS) for the project was made on March 13, 2020, and the period to appeal the determination ended on April 17, 2020. No comments were received regarding the proposal. That determination fulfills the SEPA requirements for the revised proposal. WAC 197-11-600(3)(b) permits the use of the existing DNS issued on March 13, 2020 as long as the change is not substantial, or as long as no new information is received indicating environmental impact from the revision. V. COMPLIANCE WITH THE COMPREHENSIVE PLAN The property proposed to be rezoned is now within a Single -Family High -Density Residential plan classification. The applicants request to be within a multifamily classification, allowing the proposed multi -family development. According to FWRC 19.80.140, the city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 3 of 8 (1) The effect upon the physical environment. There are no environmental restrictions to development on the two northern properties of the proposal. There is a steep slope to the east of the site. Existing stormwater and development standards will reduce the impact of development An additional 130 units is expected to increase traffic by approximately 910 vehicle trips per day, assuming 7 trips per unit (2) The effect on open space, streams, and lakes. Please refer to (1) above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Multiple family development will be compatible with the neighborhood area. Existing multi- family development exists to the west and northeast of the project The commercial land use along Pacific Highway South has a high -density potential that is conducive to such development. The zone classification will be compatible with the surrounding environment The open space area to the east contains a wetland that may remain undeveloped, thereby providing a buffer between the existing single-family housing in the RS 7.2 zone and the proposed multiple family development. (4) The adequacy of and impact on community facilities, including utilities, roads, public transportation, parks, recreation, and schools. Existing sewer and water capital facilities exist adjacent to the development adequate to service any potential development Access has been provided to the site, which will provide appropriate entrance to a proposed development Any project is subject to transportation and school impact fees designed to address impact upon these facilities. (5) The benefit to the neighborhood, city, and region. The proposed zone and amendment provide opportunity for development of additional housing needed within the city, as encouraged by the comprehensive plan. Existing land uses surrounding the proposal are compatible with development that may result from the action of the amendment. Any development would be a Transit Oriented Development (TOD), by locating next to the transit station located to the north of the site. Single-family development to the east of the site will be buffered by native vegetation expected to remain. Any development within the space will further meet objectives and policies for provision of adequate housing. (6) The quantity and location of land planned for the proposed land use type and density, and the demand for such land. The site is near mass transportation and has adequate physical public facilities (road, water, and sewer) to accommodate high density development. Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 4 of 8 (7) The current and projected population density in the area. This proposed amendment will allow additional provision/production of needed high density housing for existing and future populations. The site exists near and adjacent to high density development making it compatible with the surrounding environment. (8) The effect upon other aspects of the comprehensive plan. Approval of this proposal fulfills and meets relevant land use, capital facilities, housing, environmental, and transportation policies within the adopted comprehensive plan (see item 3 below, per FWRC 19.80.150). Per FWRC 19.80.150, the city may amend the comprehensive plan only if it finds that the proposal meets the criteria for amending the comprehensive plan, including: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; The proposed amendment and rezone enable the development of needed housing within the City of Federal Way. (2) The proposed amendment is in the best interest of the residents of the city. Please see the responses under Sections V (1), (2), and (5). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW, and with the portion of the city's adopted plan not affected by the amendments. The proposed category and zone reclassification are consistent with policies listed in Chapter 5 of the 2015 Federal Way Comprehensive Plan. Specifically, the following policies are relevant to the proposal being made: LUP 21 - Support multi -family development with transportation and capital facilities improvements. The proposal is located adjacent to a transit stop, making it a transit -oriented development, and providing potential residents access to public transportation. HP13 - Continue to use design guidelines to ensure that new and infill developments have aesthetic appeal and minimize impacts on surrounding development. The proposal will be designed to provide the needed housing, while maintaining the compatibility of the neighborhood Existing, unbuildable open spaces will provide a buffer between an existing single-family neighborhood to the southeast and the multiple family development to the west and northeast. Any development in the rezoned area will need to meet design standards required in FWRC 19.115 to insure compatibility. HG5 - Develop a range of affordable housing opportunities for low-income households consistent with the CWPPs and the needs of the community. Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 5 of 8 Two County -Wide Planning Policies (CWPP) are significant to this development including. H-9 - Plan for housing that is accessible to major employment centers and affordable to the workforce in them so people of all incomes can live near or within reasonable commuting distance of their places of work. Encourage housing production at a level that improves the balance of housing to employment throughout the county. T-12 - Address the needs of non -driving populations in the development and management of local and regional transportation systems. The proposed project is located near a public transit station, allowing low income residents access to public transportation throughout the region and therefore, access to employment and shopping. HP21 - Promote fair housing access to all persons without discrimination. The proposal is intended to provide housing on the basis of income and not upon any social status; thereby, avoiding any discrimination issues. HP22 - As required by the CWPPs, maintain sufficient land supply and adequate zoning within the City to accommodate those types of housing consistent with the City's affordable housing targets. Land for the development of all housing is scarce, and this property has not been developed largely due to the non -access of the property to any street Since the project proponents obtained access to the property, future multi family development will aid in the development of affordable housing. VI. COMPLIANCE WITH FWRC 19.75.130(3) Site -specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: a. The proposed request is in the best interests of the residents of the city. Provision of affordable housing is a main objective within the city's comprehensive plan, and the proponents initiating the reclaysfeation and rezone have a primary purpose of providing affordable housing. The proponents intend to apply for a project providing affordable housing. b. The proposed request is appropriate because either: (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 6 of 8 Demand for affordable housing and all housing has increased since the adoption of the plan. Average housing cost in 2015 was $289,100, increasing to $362,100 in 2018, a 12 percent increase and demonstrating a need for rental, multifamily dwellings. The proposed reclassification will allow for expanded affordable housing. (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established. In relation to item (ii) above, the proposal is not intended to "correct" any inappropriate zone classification. c. It is consistent with the comprehensive plan. The proposal is designated for High Density Residential in the comprehensive plan. The proposal will reclassify the site to "Multiple Family," which is in the nature of "high density" multi -family development. (see the expanded response in Section V, FWRC 19.80.150[31, above). d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. If this request is granted, any future development will be required to comply with all city regulations and the comprehensive plan. e. It is consistent with the public health, safety, and welfare. The proposed amendment provides opportunity for development of affordable housing. Provision of housing is consistent with meeting public welfare. All development will be required to meet current codes and regulations to protect public safety. VII. CITIZEN COMMENT No citizen comment has been received on this proposal at the time of writing the report. Comment was received in a March 11, 2020, letter from the Department of Ecology encouraging testing of soils for arsenic and lead prior to any development. These items are reviewed at time of SEPA review when a project is submitted. VIII. MAYOR'S RECOMMENDATION Upon review of the application and information that has been presented, the Mayor makes a recommendation to approve the proposed amendment and rezone. Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 7 of 8 EXHIBIT A: AREA PROPOSED FOR AMENDMENT AND REZONE Park R 400 Bt 1 :�? �j RMzaoo �.. she BC i�� - RM2400 Bc a _ RM2400 RM1800 R---• RM2 LD City of Federal Way Exhibit A 2020 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Shelter Resources Legend Site Specific Request L S Buildings s t Streets r - Streams (City Survey) e� wi Wetlands (1998 City Survey) Zoning Boundary' _r_,� r . Fl f.. ZY. � 1 % ±. Note: An asteriz (') next to a zoning designation indicates the property is J development rr governed by a agreement '! 0 250 500 ''� Feel ablwmrx •�_, {_ CITY 01 Federal Way .. This map is accompanied by no Warranties, —t--- and is simply a graphic representation Land Use and Transportation Staff Report December 7, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 8 of 8 City of Federal Way Existing Designations Requested Designations Comprehensive Plan.- Single Family High Densit zoneComprehensive Plan: Multi -Family High Density Zoning:Single Family (RS7.2) Zonin_q.- Multi -Family (RM1 800) Exhibit A 9418 0 BC RM24ui 2020 BC t r—A U Site Specific Requests .'-- F-71 for Comprehensive Plan and Zoning Designation Changes Redondo Heights FjPark and Ride BC, BC Shelter Resources U)S 276TH ST RM2400 CL 101 We d Legend 490 R 9:111 Site Specific Request n tj Buildings B S Streets RS7 2 a 78rh Streams (City Survey) Wetlands (1998 City Survey) J Zoning Boundary* L_0 CP Note: An asterix (*) next to a zoning RM2designation indicates the property is governed by a development agreement. LL. �Ml 8 Lil 3 N 0 250 500 Rating: I Feet RM2 S 280TH P CITY Of I -: Federal Way This map is accompanied by no warranties, and is simply a graphic representation. RAerikM \ProjectsWR CornplaM2020\Mapslssq 2020.mxd �1 t 1 L \ Ia AN ORDINANCE of the City of Federal Way, Washington, amending the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map, and approving a citizen initiated Comprehensive Plan Map and Zoning Map amendment and legislative rezone of 5.48 acres located East of Pacific Hwy and South of the Redondo Heights Park and Ride, parcels 720480-0172, 720480-0174 and 720480-0165 from High Density Residential (RS 7.2) to Multiple Family (MF 1800). (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843 and 19-866) WHEREAS, the Growth Management Act of 1990 as amended ("Chapter 36.70A RCW" or "GMA"), requires the City of Federal Way to adopt a comprehensive plan that includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, transportation element (including transportation system maps), and a park and recreation element; and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with a land use map ("Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2,1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, and June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2018, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018, and April 2, 2019; and WHEREAS, the City may consider Plan and development regulation amendments pursuant to Process VI, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and Ordinance No. 20- Page 1 of 8 Rev 2/19 CP WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the Council has considered amendments to the text of the comprehensive plan, comprehensive plan map, and zoning map, specifically in relation to the boundaries of the Residential Single Family (RS-7.2) zoning districts and a citizen -initiated change in the comprehensive plan and the zoning designations of parcels 720480-0172, 720480-0174, and 720480- 0165 from High Density Residential (RS 7.2) classifications to Multiple Family/(MF 1800) classifications (Exhibit A); and WHEREAS, on March 13, 2020, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the comprehensive plan and rezone amendments of parcels 720480-0172, 720480-0174, and 720480-0165; and WHEREAS, in September 2015, the City of Federal Way accepted a request from Puget Center Property for Site Specific Request No. 1; and WHEREAS, the City's Planning Commission held a public hearing on December 2, 2020, at the close of which they recommended to the council approval of the following amendments: 1) Change Comprehensive Plan map of parcels 720480-0172, 720480-0174 and 720480-0165 from a High Density Residential classification to a Residential Multifamily classification; 2) Rezone parcels 720480-0172, 720480-0174, and 720480-0165 from a Residential Single Family (RS-7.2) zone to a Residential Multifamily (RM 1800) zone; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the comprehensive plan amendments on October 20, 2020, following which it recommended approval of the Planning Commission's recommendations; and Ordinance No. 20- Page 2 of 8 Rev 2/19 CP WHEREAS, the City Council, through its staff, Planning Commission, City Council committees, received, discussed, and considered the testimony, written comments, and material from the public, and considered the matter at its City Council meeting on October 6, 2020 and WHEREAS, the City Council desires to approve the: 1) Amendments to the text of the comprehensive plan; 2) Amendments to the comprehensive plan map and zoning map boundaries of the RS 7.2 and the RM1800 zoning districts; 3) Approval of the citizen -initiated request for changes to the comprehensive plan and zoning designations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) Regarding the site -specific request to amend to the Comprehensive Plan Map and zoning designation of 5.48 acres, located east of Pacific Highway and south of the Redondo Heights Park and Ride on 276th Street from High -Density Residential (zone RS 7.2, one unit per 7,200 square feet) to Multiple Family (zone RM1800, one unit per 1800 square feet) (Exhibit A): (i) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, attached hereto, is consistent with the following goals of the Federal Way Comprehensive Plan: Overall Housing Goal: Preserve, protect, and enhance Federal Way's existing high - quality residential neighborhoods and promote a variety of opportunities to meet the housing needs of all residents of the community and region. Housing Goal (HG) 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character; Ordinance No. 20- Page 3 of 8 Rev 2/19 CP Housing Policy 2 Amend development regulations to accommodate a diverse Housing Goal 5 range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. Develop a range of affordable housing opportunities for low- income households consistent with the C WPPs and the needs of the community. Housing Policy 22 As required by the CWPPs, maintain sufficient land supply and adequate zoning within the City to accommodate those types of housing consistent with the City's affordable housing targets Land Use Goal 4 Provide a wide range of housing types and densities commensurate with market demand, adopted housing targets, and the community's needs and preferences Land Use Policy 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. Land Use Policy 21 Support multi -family development with transportation and capital facilities improvements. Land Use Policy 22 Multi -family residential development should be designed to provide privacy and common open space. Variations in facades and rooflines should be used to add character and interest to multiple - family developments. Ordinance No. 20- Page 4 of 8 Rev 2/19 CP Land Use Policy 23 Encourage the establishment of street patterns and amenities that encourage walking, bicycling, and transit use. (ii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with language in the Federal Way Comprehensive Plan's Land Use element, which states that "The multi -family residential land use designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, aging population, increasing diversity, decline in average family size, and high cost of single-family homes have created heavy demand for new housing types"; and (iii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with the GMA goal to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner"; and (iv) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with the goal of the King County Countywide Planning Policies for growth to occur in a compact, centers -focused pattern that uses land and infrastructure efficiently; and (v) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with the Puget Sound Regional Council ("PSRC") goal of Vision 2040 to focus growth within already urbanized areas to create walkable, compact, and transit -oriented communities that maintain unique local character; and Ordinance No. 20- Page 5 of 8 Rev 2/19 CP (vi) The proposed amendment to the Comprehensive Plan Map as set forth in Exhibit A, will not negatively affect open space, streams, lakes, wetlands, or the physical environment; and (vii) The proposed amendment to the Comprehensive Plan Map, asset forth in Exhibit A, is consistent with the Council vision for the City of Federal Way, and will allow development that is compatible with the surrounding land uses; and (viii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, will allow for growth and development consistent with the Federal Way Comprehensive Plan's overall vision and with the Federal Way Comprehensive Plan's land use element, household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas; and (ix) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, bears a substantial relationship to the public health, safety, and welfare; is in the best interest of the public and the residents of the City; and is consistent with the requirements of Chapter 36.70A RCW, VISION 2040, and the King County Countywide Planning Policies; and (x) The proposed amendment to the Zoning Map, set forth in Exhibit A, is consistent with the applicable provisions of the Federal Way Comprehensive Plan, bears a substantial relation to public health, safety, and welfare, and is in the best interest of the public and the residents of the City; and Ordinance No. 20- Page 6 of 8 Rev 2119 CP (xi) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, attached hereto, has complied with the appropriate process under state law and the FWRC. Section 2. Comprehensive Plan, Comprehensive Plan Maps, and Zoning Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2013, 2015, 2017, and 2018, copies of which are on file with the Office of the City Clerk, the comprehensive plan maps, and zoning map are amended as set forth in Exhibit A, attached hereto. Section 3. Amendment Authority. The adoption of plan and map amendments in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to Chapter 19.80 FWRC. 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 other persons or circumstances. Section 5. Savings Clause. The 1995 Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2013, 2015, 2017 and 2018 shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/ clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Ordinance No. 20- Page 7 of 8 Rev 2/19 CP Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force five days after passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2020. 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. 20- Page 8 of 8 Rev 2/19 CP