Council PKT 02-18-2003 Regular
City of Federal Way
City Council Meeting
AGENDA
COUNCILMEMBERS
Jeanne Burbidge, Mayor
Jack Dovey
Eric Faison
Mary Gates
Linda Kochmar
Dean McColgan
Mike Park
CITY MANAGER
David H. Moseley
Office of the City Clerk
February 18, 2003
I.
II.
III.
IV.
V.
AGENDA
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
February 18, 2003 - 7:00 p.m.
(wwwcityofJedemlwaycom)
*****
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
a,
b,
Human Services Commission/Outgoing Commissioner Appreciation Plaque
Human Services Commissionlintroductions & Certificates of Appointment
Arts Commissionlintroductions & Certificates of Appointment
ProciamationlLiteracy Celebration Month
Introduction of New Employees/City Manager
Emerging Issues/City Manager
c,
d,
e,
f.
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the
podium and state your name/or the record PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES.
The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are
otherwise inappropriate.
CONSENT AGENDA
Items listed below have been previously reviewed by a Council Committee o(three members and brought b4ore
/ul/ Council for approval; all items are enacted by one motion. Individual items may be removed
by a Councilmember for separate discussion and subsequent motion.
Minutes/February 4,2003 Regular Meeting
Memorandum of Understanding/Joint HS Funding Program
2003 Arts Commission Contract for Services
2003 Arts Commission Work Plan
2002 King County Sustained Support Grant
Over please.
a,
b,
c,
d.
e,
VI.
VII.
VIII.
IX
X
XI.
f.
g.
h.
American Janitorial Services Contract Amendment
Amendment to 2002 CDBG CARES Agreements
2003 Planning Commission & Long Range Planning Work Program
Purchase of Replacement File/Record Server for Public Safety Records
Management System
Grant Funding for Transportation Improvement Projects - Resolution
Authorization to Enter Into Contracts with King County & Recipients of
Federal Way 2003 CDBG Public Service Funds
Council Bill #317lLimited Property Tax Exemption Code Amendment -
EnactmentOrdmance
j.
k.
CITY COUNCIL BUSINESS
Adopting Council Directives from 2003 Retreat - Resolution
INTRODUCTION ORDINANCE
Council Bill #318/2002 Comprehensive Plan Amendments
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH
MANAGEMENT ACT COMPREHENSIVE PLAN AND ADOPTING AMENDMENTS
TO THE CITY'S ZONING MAP.
CITY COUNCIL REPORTS
CITY MANAGER REPORT
EXECUTIVE SESSION
Potential LitigationlPursuant to RCW 42.30,110(1 )(i)
ADJOURNMENT
** THECOUNClL MAY ADD AND TAKE A CTION ON OTHER ITEMS NOT LlSTED ON THE AGENDA *.
THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND
ALSO ON THE CITY'S WEBSITE UNDER "NEW-FEDERAL WAY DOCUMENT LIBRARY"
MEETING DATE:
February 18,2003
ITEM# Ý( t:e.\
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL MEETING MINUTES
CATEGORY:
BUDGET IMPACT:
[g] CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Draft minutes ofthe City Council regular meeting held on February 4, 2003.
SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW
requirements,
CITY COUNCIL COMMITTEE RECOMMENDATION: n/a
PROPOSED MOTION: "I move approval of the draft minutes of the City Council regular meeting held February 4,
2003"
CITY MANAGER APPROVAL:
7\(N\
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDillEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
February 4, 2003 - 7:00 p.m.
Regular Meeting
Minutes
DRAf1"
¿;fr'/63
I.
CALL MEETING TO ORDER
Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the
hour of 7:05 p,m,
Mayor Burbidge asked for a moment of silence in remembrance of the astronauts who lost
their lives in the recent Space Shuttle Columbia tragedy,
Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan,
Councilmembers Jack Dovey, Mary Gates, Eric Faison, Linda Kochmar, and Mike Park,
Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk
Chris Green,
II.
PLEDGE OF ALLEGIANCE
Councilmember Gates led the flag salute,
COUNCILMEMBER FAISON MOVED TO ADD AN EXECUTIVE SESSION TO
TONIGHT'S AGENDA FOR THE PURPOSE OF DISCUSSING POTENTIAL
LlTIGATIONIPURSUANT TO RCW 42.30.1l0(1)(i); COUNCILMEMBER GATES
SECOND.
The motion passed as follows:
Burbidge
Dovey
Gates
Faison
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
Mayor Burbidge added a special presentation to tonight's agenda to recognize Management
Services Director I wen Wang and her staff on the city's recent acceptance of the Certificate
of Achievement for Excellence in Financial Reporting,
City ~f Federal Way City Council Regular Meeting Minute.,
February 4, 2003 Page 2 0/7
III.
SWEARING-IN CEREMONY
Police Officers
City Manager David Moseley called upon Police Chief Anne Kirkpatrick to introduce the
three new Police Officers.
City Clerk Chris Green administered the oath of office to the new Police Officers: Stacy
McKurdy, Patrick Maher, and James Nelson,
IV,
PRESENTATIONS
a, Special Presentation -ADDED ITEM
Mayor Burbidge called upon City Manager David Moseley to introduce and present the
recognition to Management Services Director Iwen Wang,
Mr. Moseley congratulated Management Services Director Iwen Wang and her staff on
receiving this award, He noted this certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers Association of the United
States and Canada to government units and public employee retirement systems whose
comprehensive annual financial reports (CAFRs) achieve the highest standards in
government accounting and financial reporting. He noted this is the twelfth annual award
the city has earned,
b, Introduction of New Employees/City Manager
City Manager David Moseley announced there were no new employees to introduce
tonight.
c. Emerging Issues/City Manager
City Manager David Moseley announced there were no emerging issues to discuss,
V.
CITIZEN COMMENT
H. David Kaplan, thanked the City Council and the city stafffor a very productive retreat,
he offered a few suggestions to be reviewed tor the Council Rules of Procedure.
Douglas Steele, (comments read into record by City Clerk) urged the passage of the
Adelaide Neighborhood Traffic Safety Project on tonight's Consent Agenda,
Roy Parke, voiced his opposition to the city's prior condemnation of his property.
City of Federal Way City Council Regular Meeting Minutes
February 4, 2003 Page 3 of 7
Ron Walker, spoke to Council on behalf of the Diversity Commission reporting on the
success of the Martin Luther King Jr. celebration, and thanked the many individuals and
sponsors who contributed to the event.
Pat Owen, spoke and distributed a written statement to Council regarding surface water
issues on her property and neighboring areas,
VI.
CONSENT AGENDA
a,
Minutes/January 13 & January 16,2003 Special Meetings and January 21,
2003 Regular Meeting -Approved
Vouchers-Approved
Quarterly Financial ReportlDecember 2002 (preliminary) -Approved
Legislative Transportation Principles for 2003-Approved
Adelaide Neighborhood Traffic Safety (NTS) Project-Approved
Citywide Pavement Marking Channelization AG #01-1 22-Approved
Official Newspaper Selection Criteria-Approved
Lodging Tax Advisory Committee 2003-2004 Biennial Workplan &
Budget-Approved Separately
2003 Insurance Renewal-Approved
b,
c,
d.
e,
f,
g,
h,
i,
COUNCILMEMBER P ARK MOVED TO APPROVE THE CONSENT AGENDA
AS PRESENTED; COUNCILMEMBER DOVEY SECOND.
Deputy Mayor McColgan pulled Consent Item (h)/Lodging Tax Advisory Committee
2003-2004 Biennial Workplan & Budget.
The main motion to approve Consent Items (a), (b), (c), (d), (e), (f), (g), and (i) passed as
follows:
Burbidge
Dovey
Gates
Faison
Kochmar
McColgan
Park
yes
yes
yes
yes
yes
yes
yes
Consent Item (h)/Lodging Tax Advisory Committee 2003-2004 Biennial Workplan &
Budget:
Deputy Mayor McColgan briefly reviewed this item explaining the tourism enhancement
grants that are available, he encouraged organizations to submit applications for these
grants and noted last year, a portion of these funds went unallocated,
City of Federal Way City Council Regular Meeting Minutes
February 4, 2003 Page4of7
DEPUTY MAYOR MCCOLGA!'. MOVED APPROVAL OF CONSENT ITEM
(h)/LODGING TAX ADVISORY COMMITTEE 2003-2004 BIENNIAL
WORKPLAN & BUDGET AS PRESENTED; COUNCILMEMBER GATES
SECOND. The motion passed as follows:
Burbidge
Dovey
Gates
Faison
VII.
yes
yes
yes
yes
Kochmar
McColgan
Park
CITY COUNCIL BUSINESS
a,
Arts Commission Appointments
yes
yes
yes
Councilmember Kochmar was pleased to announce the Arts Commission Appointments,
COUNCILMEMBER KOCHMAR MOVED THE REAPPOINTMENTS OF ARTS
COMMISSIONERS DONNA WELCH AND BETTE SIMPSON, THE
APPOINTMENT OF BONNIE KNIGHT -GRAVES AS A VOTING MEMBER, AND
THE APPOINTMENT OF TED NELSON AS AN ALTERNATE MEMBER, ALL
WITH 3- YEAR TERMS ENDING ON DECEMBER 31,2005; COUNCIL MEMBER
DOVEY SECOND. The motion passed as follows:
Burbidge
Dovey
Gates
Faison
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
b.
Human Services Commission Appointments
Councilmember Kochmar was pleased to announce the Human Services Commission
Appointments.
COUNCILMEMBER KOCHMAR MOVED THE APPOINTMENTS OF KERI
NEWPORT, KEVIN KING, AND STEPHN MCNEAL AS COMMISSIONERS AND
THE APPOINTMENTS OF LEONARD WILLIAMS AND NANCY ROBERTSON,
AS ALTERNATE MEMBERS ALL WILL 3-YEAR TERMS THROUGH JANUARY
31,2006; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows:
Burbidge
Do\ey
Gates
Faison
yes
yes
yes
yes
Kachmar
McColgan
Park
yes
yes
yes
City ~f Federal Way City Council Regular Meeting Minute"
February 4, 2003 Page 5 0/7
VIII.
INTRODUCTION ORDINANCE
Council Bill #317/Limited Property Tax Exemption Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
WASHINGTON, AMENDING CHAPTER 14 OF THE FEDERAL WAY CITY CÒDE
BY ADOPTING ARTICLE VII RELATING TO A PROPERTY TAX EXEMPTION
INCENTIVE FOR THE DEVELOPMENT OF MUL TIF AMIL Y HOUSING IN THE
CITY CENTER CORE ("CC-C") AND FRAME ("CC-F") ZONES.
COUNCILMEMBER FAISON MOVED COUNCIL BILL #317/LIMITED
PROPERTY TAX EXEMPTION CODE AMENDMENT TO SECOND
READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING;
COUNCILMEMBER PARK SECOND.
Deputy Mayor McColgan and Councilmember Kochmar stated their opposition to this
Amendment.
The motion passed as follows:
Burbidge
Dovey
Gates
Faison
yes
yes
yes
yes
Kochmar
McColgan
Park
no
no
yes
IX
CITY COUNCIL REPORTS
Councilmember Gates briefly updated Council on her attendance at various regional
meetings, and distributed a written report on Sound Transit.
Councilmember Kochmar announced the next meeting of the Parks/Recreation/Human
Services/Public Safety Committee would be February lOth at 4:00 p.m,; she further updated
Council on her recent attendance at various regional meetings.
Councilmember Park congratulated Management Services Director Iwen Wang on the
Financial Reporting Award the city received; he further thanked Diversity Commissioner
Ron Walker, countless other volunteers, staff and sponsors for again a wonderful Martin
Luther King Jr. Celebration.
Councilmember Jack Dovey reported to Council on the reception he attended with Korean
Consul General Moon; he noted he was pleased to see the continued relationship between
the city and the Korean community,
City of Federal Way City Council Regular Meeting Minutes
February 4, 2003 Page 6 of 7
Councilmember Faison announced the next meeting of the Land Use/Transportation
Committee would be February 24th at 5:30; he also reported on his attendance at the
Potential Annexation Area Steering Committee Open House,
Deputy Mayor McColgan had no report this evening,
Mayor Burbidge briefly reported to Council on her attendance at various regional meetings
and reminded citizens of upcoming events in the community,
x
CITY MANAGER REPORT
City Manager David Moseley reminded Council and citizens of the upcoming State of the
City address, which Mayor Burbidge will be delivering at the Chamber lunch held at the
Twin Lake Golf and Country Club on Wednesday, February 5, 2003.
Mr. Moseley extended "kudos" to Diversity Commissioner Ron Walker for his outstanding
work he did on this year's Martin Luther King Jr. celebration,
He noted he would be attending along with Assistant City Manager Derek Matheson,
Mayor Burbidge, Councilmembers Gates, Kochmar, and Park, the Association of
Washington Cities (A We) Annual City Forum, which will be February 19th and 20th in
Olympia,
City Manager David Moseley announced the ribbon cutting of the Mitchell House, named
in honor offormer legislator Maryann Mitchell; he noted the city contributed $185,000,00
towards this project.
Mr. Moseley stated there would be a resolution on the next City Council's agenda
formulating the City Council directions as discussed at the Council retreat.
He further reminded Council for the need of an executive session for the purposes of
discussing Potential Litigation/Pursuant to RCW 42.30,110(1 )(i); for approximately twenty
minutes with action expected,
XI.
EXECUTIVE SESSION - ADDED ITEM
Potential Litigation/Pursuant to RCW 42.30,110(1 )(i)
City of Federal Way City Counctl Regular Meeting Minutes
February 4, 2003 Page 7 of7
At 8: 17 p,m" Mayor Burbidge announced the Council would be recessing into Executive
Session for the purpose of discussing Potential LitigationlPursuant to RCW
42,30,11 O( 1 )(i); for approximately twenty minutes,
Council returned to Chambers at 8:48 p,m,
COUNCILMEMBER FAISON MOVED TO DIRECT AND AUTHORIZE THE
CITY MANAGER TO DIRECT CITY STAFF TO SETTLE THE
CONDEMNATION LITIGATION THROUGH ACQUISITION OF AN EASEMENT
FOR $7,500.00,TRANSFER OF PROPERTY WITH A BOUNDRY LINE
ADJUSTMENT AND RECORDING, AND TO ERECT A FENCE ALONG THE
PROPERTY LINE; COUNCILMEMBER KOCHMAR SECOND. The motion passed
as follows:
Burbidge
Dovey
Gates
Faison
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
COUNCILMEMBER FAISON MOVED TO DIRECT AND AUTHORIZE THE
CITY MANAGER TO DIRECT CITY STAFF TO SETTLE THE
CONDEMNATION LITIGATION THROUGH ACQUISITION OF REAL
PROPERTY IN FEE SIMPLE FOR $33,750.00, WHICH INCLUDES THE
APPRAISAL REIMBURESEMTN FEE, PROVIDE A SWER CONNECTION, AND
DECOMMISSION THE EXISTING SEPTIC TANK LOCATED ON THE CONNON
PROPERTY; COUNCILMEMBER KOCHMAR SECOND. The motion passed as
follows:
Burbidge
Dovey
Gates
Faison
XII.
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
Burbidge adjourned the regular meeting at 8:50 p,m.
Stephanie D, Courtney
Deputy City Clerk
MEETING DATE:
February 18,2003
ITEM#
La)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Authorization of a Memorandum of Understanding for a Joint Human Services Funding Program
CATEGORY:
BUDGET IMPACT:
~ CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: 1) A memo to the Parks, Recreation, Human Services, and Public Safely (PRHSPS) Committee dated
January 13,2003. This includes a copy of the Memorandum of Understanding (MOU) between the Cities of Auburn,
Burien, Covington, Federal Way, Kent, Renton, SeaTac, and TukwiIa)
SUMMARYIBACKGROUND: South King Counly Cily Human Services Planners held several meetings to review and
explore the possibilily of entering into a MOU for ajoint Human Services Funding, with a volunteer cily as a lead to serve
as a fiscal agent during the life of the contract. The MOU will benefit the agencies through time savings and
administrative cost savings, while the benefit to the cities at this point will be that every one will see the same reporting
form which will help reduce discrepencies. Four agencies have been identified for this pilot project, and if the cities find
this model to be successful, each cily would go back to their council for an update and ask for approval to jointly contract
with agencies, It is still each cily's responsibilily to review and approve the disbursement of funds before the agencies are
reimbursed. For the past 9 years, the cities have used a common application for funding, so this would be an extension to
an existing process to benefit service providers as well as funders.
CITY COUNCIL COMMITTEE RECOMMENDATION: At their February 10,2003 meeting, the Committee
reviewed and approved for the City to enter into a joint funding agreement.
PROPOSED MOTION: I move to approve of the Memorandum of Understanding between the Cities of Auburn,
Burien, Covington, Federal Way, Kent, Renton, SeaTac, and Tukwila for Human Services Funding,
CITY MANAGER APPROV AL:n~ ..
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERREDINO ACTION
COUNCIL BILL #
1ST reading
Enactment reading
0
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
RESOLUTION #
REVISED - 05/1012001
5.G
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
January 13, 2003 ,
Lydia Assæfa-D won, Human Services Manager dP'>
David Mos Manager
Memoran urn f nderstanding of a Joint Human Services funding
program
Background
For the past 9+ years, most South King County cities have been using a joint Human Services
funding application for agencies to use, The funding applications have been modified
periodically to make it easier for the applicants to fill out, and for funders to review. Additionally,
the funding cities have had application workshops for the agencies to provide technical
assistance and answer questions before each application cycle. In looking at better simplifying
the process, funders have been evaluating other options, such as having one common
application for the next funding cycle (2005-06), and now the implementation of a joint funding
project.
Eight South King County cities (Auburn, Burien, Covington, Federal Way, Kent, Renton,
SeaTac, and Tukwila) will be entering into a MOU (Attached) to fund four programs that are
funded by all or some. Each city will only enter into this MOU for those agencies the city is
committed to funding. The four agencies identified for this pilot project was based on funding
from multiple cities with good track records. Those agencies are: Crisis Clinic (for telephone
referral line), King County Sexual Assault Resource Center (for sexual assault services).
Community Health Centers, and King County Coalition Against Domestic Violence (for
Domestic Violence Planner). The City of Federal Way is funding three of the four agencies
identified above.
Currently, other cities have offered to be the lead city (fiscal agent), and participating cities will
send their portion of the funds to that lead city at the beginning of the year. Each city will be
responsible for the monitoring and reviewing of the programs, and to authorize the lead city to
pay the agency. If the city's expectations are not met, the city has the right to authorize the lead
city to withhold its portion of the payment. At the end of the funding year, there will be a
mechanism in place to either give unspent funds back to the city or carry forward to the
following year.
Once approved by the individual cities, the agencies will receive a joint award letter identifying
all the cities funding and contracts will be signed by all parties involved.
Should this process be proven successful, the cities will enter into contracts for all qualified
programs for subsequent years, and determine which programs individual cities will take the
lead on.
There will be administrative cost savings to the agencies, but at this point, it is unclear if it will
result in any type of savings to the participating cities However, cities will have the same
(-1-'\
PRHSPS
Joint funding MOU for Human Services
01/13/02
reports to review, so it will be easy to see discrepancies in service delivery and the agencies will
be less likely to provide inaccurate reports.
Committee Recommendation
1. The Committee recommends approval of the Pilot Joint Funding MOU between South
King County Cities for Human Services Funding for 2003, and continue the project if the
program proves successful and beneficial to the cities.
This recommendation is forwarded to the full City Council for approval on Jaft\:I8ty-21~,
2003. \~h w. '\ \\ )
L~-L
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITIES OF AUBURN, BURIEN, COVINGTON,
DES MOINES, FEDERAL WAY, KENT, RENTON,
SEATAC, AND TUKWILA FOR PLANNING,
FUNDING, AND IMPLEMENTATION OF A JOINT
HUMAN SERVICES APPLICATION AND FUNDING
PROGRAM.
DRAFt
d/ì f/ð.3
THIS MEMORANDUM OF UNDERSTANDING ("MOll") is entered into pursuant
to Chapter 39.34 RCW by the Cities of Auburn, Burien, Covington, Des Moines, Federal
Way, Kent, Renton, SeaTac, and Tukwila, Washington hereinafter referred to as "Cities",
to provide for planning, funding, and implementation of a joint human services
appiication and funding program.
WHEREAS, the Cities engage in activities which support human service providers in
King County; and
WHEREAS, the parties wish to make the most efficient use of their resources by
cooperating to provide funding to support human service providers in south King County;
and
WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to
engage in cooperative efforts which result in more efficient use of Government resources;
and
NOW THEREFORE, and in consideration of the terms, conditions and performances
made herein, it is agreed as follows:
1. Purpose of MOO: The purpose of the MOO is the set up a cooperative arrangement
between the Cities to consolidate the human services application and funding process.
Four nonprofit human serVices agencies, commonly funded by many of the Cities, have
been designated by the Cities for calendar year 2003. Nonprofit agencies may be added
or deleted each year as determined by the Cities for the cooperative program.
2, Joint Participation.
a) Lead City, A Lead City will be designated by the Cities for each Nonprofit
Agency, as shown in Exhibit A, to act as the fiscaJ and administrative agent
for the Cities for that Nonprofit Agency, A Lead City is usually established
by the amount of funding and/or support to the particular Nonprofit Agency.
The responsibilities of the Lead City are described in Section 4.
b) Participating City. A Participating City is a city participating in the
. cooperative funding of a Nonprofit Agency, who is not a Lead City,
Participating Cities for each Nonprofit Agency are identified in Exhibit A, A
Participating City shall review quarterly reports ITom the Nonprofit Agency.
~-s
Joint Human Services Application and Funding MOU
Page2of2
If a Participating City becomes concerned with a Nonprofit Agency's
services, it will promptly notify the Lead City. If a Participating City
determines that a Nonprofit Agency is not performing satisfactorily for their
city, the Participating City reserves the right to request the Lead City to
withhold payments to the Nonprofit Agency for their share of funding. In the
event that a claim or lawsuit is initiated by a Nonprofit Agency against any
City for withholding payment, the City requesting the withholding ofpayment
shall be responsible for settling or defending the claim or lawsuit. In addition,
in the event of any settlement of or judgment on the claim or lawsuit, the City
requesting that payment be withheld shall be fully responsible for the payment
of such settlement of judgment and shall indemnify, defend, and hold
harmless the other Cities for such settlement or lawsuit.
c) Nonprofit Agency. For calendar year 2003, the Cities identified and agreed
that they will coordinate to consolidate the human services application and
funding process for the following four Nonprofit Agencies: Crisis Clinic,
King County Sexual Assault Resource Center, Community Health Center, and
the Part-Time Domestic Violence Planner through the King County Coalition
Against Domestic Violence. Nonprofit Agencies may be added or deleted
each year as determined by the Cities for the cooperative program.
3. Funding Arrangement.
a) Allocation, Each Participating City shall provide to the Lead City no later
than March 31st of each year, the total annual funding allocation approved by
their City Councils for the Nonprofit Agency, as described in Exhibit A. No
administrative costs shall be imposed by the Lead City to the other
Participating Cities, Exhibit A will be updated each year to show the
Nonprofit Agencies, Lead Cities, Participating Cities, and funding amounts
for that calendar year.
b) Return of Unspent Funds. Any monies that the Nonprofit Agency(s) does not
spend during the calendar year shall be proportionately returned to each
Participating City. On or before March 31 st of the next calendar year the Lead
City will provide the unspent funds to each Participating City.
4. Responsibilities of Lead Citv. A Lead City has been designated to act as the fiscal and
administrative agent for the Cities for each Nonprofit Agency, as shown in Exhibit A.
The responsibilities ofthe Lead City shall include; the following:
a) Send an invoice to each Participating City by January 30th of each year for
their annual approved allocation to the Nonprofit Agency.
b) Contract with the Nonprofit Agency each year, for the total funding allocated
by the Participating Cities, detailing performance measures to be performed
by the Nonprofit Agency for each City.
c) Receive, review, and process the qrnuierly invoices and reports fÌ'om the
Nonprofit Agency. Quarterly reports shall describe services provided
1:\SUEF\ParksCommittee\2oo3\MOU - Final.doc
Final MOU - December 19, 2002
Gî-~
Joint Human Services Application and Funding MOU
Page 3 on
specifically to each City. Disputes regarding billings will be resolved among
the Participating Cities.
d) Proyide copies of quarterly reports to the Participating Cities, if the reports are
not provided directly by the Nonprofit Agency,
e) Provide the Nonprofit Agency with a funding application and technical
assistance as required.
f) Perform an annual monitoring visit of the Nonprofit Agency, to include the
participation of another Participating City.
g) Maintain accounts and records which properly reflect transactions related to
thisMOu.
5. Duration. This MOD shall become effective when it is approved by a majority of the
Cities and shall remain in effect through December 31,2003, with automatic extensions
annually, unless terminated as described in section 6.
6. Termination. Any party may terminate its participation in the MOD without cause by
giving the other Cities a thirty day written notice, The terminating party shall remain
fully responsible for meeting its funding responsibilities and other obligations established
by this MOD through the end of the calendar year in which such notice is given.
7. Notices. Notices to the Cities shall be sent to the following persons:
Ci
Auburn
Burien
Covington
Des Moines
Federal Way
Kent
Renton
SeaTac
Tukwila
8.
Indemnification,
Each City agrees to indemnify the other Cities from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of such City, the City's employees,
affiliated corporations, officers, and lower tier subcontractors in connection with this
MOD.
c;-s
t:\SUEFlParksComrnitlee\20031M0U - Final.doc
Final MOU - December 19,2002
Joint Human Services Application and Funding MOD
Page4of4
Each City hereby waives its immunity under Title 51 of the Revised Code of Washington
for claims of any type brought by any City agent or employee against the other Cities.
This waiver is specifically negotiated by the parties and a portion of the City's payment
hereunder is expressly made the consideration for this waiver.
9. Insurance, Each City shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000.00 per occurrence/aggregate for personal injury and property
damage. In the event that a City is a member of a pool of self-insured cities, the City
shaH provide proof of such membership in lieu of the insUrance requirement above, Such
self insurance shall provide coverage equal to or greater that required of non-self
insurance pool member Cities.
10. Oversight Committee. This Agreement shall be managed by an Oversight
Committee made up of one representative of each City. The representative of each City
shall be that person designated in section 7 of this Agreement. The Oversight
Committee shall meet at least annually to discuss the tenDS of the Agreement and manage
the services provided pursuant to the Agreement.
11. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. In the event any
suit, arbitration, or other proceeding is instituted to enforce any tenD of this Agreement,
the parties specifically understand and agree that venue shall be exclusively in King
County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
12. Counterparts. This document may be executed in any number of counterparts,
each one, which shall be considered anonginaJ.
IN WITNESS WHEREOF, the undersigned haye entered into this MOD as of this
day of , 2003.
CITY OF AUBURN
By:
Approved As To Fonn:
Title:
City Attorney
Date:
Attest:
(;,-tu
1:\SUEF\ParksCommiltee\2oo3IMOU . Final.doc
Final MOU . December 19,2002
Joint Human Services Application and Funding MOD
Page50f5
CITY OF BURlEN
By:
Title:
Date:
Attest:
CITY OF COVINGTON
By:
Title:
Date:
Attest:
CITY OF DES MOINES
By:
Title:
Date:
Attest:
CITY OF FEDERAL WAY
By:
Title:
Date:
Attest:
1:\SUBFlParksCommiu.e\2003IMOU - Final.doc
Final MOU -December 19,2002
(;-1
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Joint Human Services Application and Funding MOD
Page6of6
CITY OF KENT
By:
Title:
Date:
Attest:
CITY OF RENTON
By:
Title:
Date:
Attest:
CITY OF SEATAC
By:
Title:
Date:
Attest:
CITY OF TUKWILA
By:
Title:
Date:
Attest:
1;\sUEFlParksCornmittee120031M0U - FinaLdoc
Final MOU - DecembeT 19. 2002
c~-~
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Joint Human Services Application and Funding MOD
Page 7 of?
EXHIBIT A
to
Memorandum ofUuderstauding (MOU) between the Cities for planning, funding,
and implementation of a joint human services application and funding program.
CALENDAR YEAR 2003
Name of Nonprofit Agency Participating Cities &
Tentative Fundin!!
Crisis Clinic for the telephone Auburn - Lead City - $1,500
referral line Burien - $4,500
Covington - $5,000
Des Moines - $2,500
Kent - $5,000
Federal Way - $10,000
Renton - $3,300'
SeaTac - $2,780
Tukwila - $2,000
TOTAL - $36,580
King County Sexual Assault Renton - Lead City - $35,000
Resource Center (KCSARC) Auburn - $26,500
for sexual assault services Burien - $7,500
Covington - $3,500
Des Moines - $4,000
Kent - $20,000
Federal Way - $35,000
SeaTac - $7,200
Tukwila- $14,000
TOTAL - $152,700
Community Health Centers Kent - Lead City - $58,450
for comprehensive medical Auburn - $27,550
services for low and moderate Covington - $3,200
income persons. Federal Way - $31,827
Renton - $24,000
SeaTac - $10,600
TOTAL - $155,627
Part-Time Domestic Violence Kent - Lead City - $15,000
Planner through King County Renton - $5,000
Coalition Against Domestic TOTAL - $20,000
Violence for planning
activities in South King
County.
1:\SUEFlParIcsCommitt.e\2003IMOU - Final.doc
Final MOU - December 19, 2002
L,-ï
MEETING DAn::
February 18, 2003
ITEM# ~ V:L~-
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2003 Arts Commission Contract for Serviccs
CATEGORY:
BUDGET IMPACT:
~
0
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORI>INANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Committce Action Fonn Dated December 30, 2002; 2003 Arts Commission Contract for Serviccs
Program
SUMMARY/BACKGROUND: The Cultural Arts Contract for Services Program is a program of the Arts Commission
that funds local arts agcncics who offer cultural programs within thc community, Thc City serves as a partner rathcr than a
producer of arts programming which al1ows thc City to providc cultural services at a very reduced cost. Local arts
agencies complete an application; the Commission reviews the applications, interviews each agency and dcvelops funding
recommcndations,
The 2003 Arts Commission budget al1ocatcd $27,000 for thc Contract for Services Program. The Arts Commission has
developed a recommcndation bascd on thc al1ocated funding,
Organization
Recommcnded Funding
Aria Dance Company
Federal Way Chorale
Community Festival Association
Centcrstagc Theatre Arts Conscrvatory
Fedcral Way Symphony
Jet Cities Chorus
J-Iannony Kings
1,500
2,200
3,000
9,000
9,500
1,000
800
Total
$27,000
CITY COUNCIL COMMITTEE IŒCOMMENDATlON: Motion to rccommcnd to Council a "do pass" to approve
the recommended funding for the 2003 Contract for Scrviccs Program and place this item before Council on February 18,
2003.
PROPOSED MOTION: "J move approval ofthc 2003 Arts Commission Contract for Services Progam as presented",
~-~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
CITY MANAGER APPROVAL:
COUNCIL ACTION:
0 API'ROVED
0 DENIED
0 TABLED/DEFERIŒI>/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL 1/
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10120-01
----.
---
----
5.C
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date:
To:
From:
Via:
Subject:
December 30, 2002
PRHSPS Council Committee
Mary Faber, ecr a 'on and Cultural Seryices Superintendent
Dayid seIe nager
2003 Arts Com on tract for Services Program
Back2round:
The Cultural Arts Contract for Services Program is a program of the Arts Commission that funds
local arts agencies who offer cultural programs within the community, The City serves as a
partner rather than a producer of arts programming which allows the City to provide cultural
services at a very reduced cost. Local arts agencies complete an application; the Commission
reviews the applications, interviews each agency and develops funding recommendations,
The 2003 Arts Commission budget allocated $27,000 for the Contract for Services Program. The
Arts Commission has developed a recommendation based on the allocated funding,
Or anization
orus
rotal
$27,000
Committee Recommendation:
Motion to recommend to Council a "do pass" to approve the recommended funding for the 2003
Contract for Services Program and place this item before Council on ,111M!!!) 2 1,2003,
\=Û;¡"-",,-r'( \'6' 2"'-:::>
~
APPROVAL OF COMMITTEE REPORT:
C-I
CONTRACT FOR SERVICES
2003 Request for Funding
Organization 2003 2003 2002 2002 2001 2000
Recommendation Request Allocation Request Allocation Allocation Funding Request
Aria Dance Company 1,500 2,500 1,500 1,500 1,250 1,500 Funding will cover professional choreography fees.
Federal Way Chorale 2,200 2,200 2,200 3,500 2,200 3,500 Assist funding contracted professional orchestra fees for the
Sprin~ and Winter concerts in 2002.
Community Festival 3,000 6,000 3,000 6,000 3,000 3,500 Family Fest entertainers on all stages as well as wandering
Association entertainers, parade bands. and demonstrators (i.e. artists-in-
action), Also seeking funding for the cost of equipment and
technical support required by performers.
Centerstage Theatre Arts 9,000 15,000 10 ,000 15,000 10,000 10,500 Assist funding contracted Actors, Directors, designers and
Conservatory Technical Staff.
Federal Way Symphony 9,500 15,000 9,750 15,000 10 , 000 10,150 Funds will support orchestra musicians' fees for Sunday
Matinee Series.
Jet Cities Chorus 1,000 4,000 1,250 4,000 1,750 3,000 Assist w/director's artistic and coaching fees.
Puget Sound Musical Theatre N/A N/A N/A N/A N/A 4,500
Harmony Kings 800 1,000
¡TOTALS I I 45,700 I 27,700 I 45,000 I 28,200 I 36,650 I I
K, IARTS co MIPROGRAMS\CFSB UDG \RequesrtJ3. doc
c-J
(
<..J
MEETING DATE:
February 18, 2003
ITEM# ~Ç£)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2003 Arts Commission Work Plan
CATEGORY:
BUDGET IMPACT:
[g CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC m:ARING
0 OTHER
Amount Budgeted:
ExpendIture Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Committee action form dated February 3, 2003; Arts Commission Work Plan
SUMMARYIHACKGROUN)): The Arts Commission held a retreat in November to develop the proposed 2003 Work
Plan, The Arts Commission approved the Work Plan in January, following the adoption of the 2003-2004 budget. A
copy ofthe Work Plan is included for Council Review,
CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to recommend to Council a "do pass" to approve
the Arts Commission 2003 Work Plan as is, and suggest that the Arts Commission put a grant together to the Lodging Tax
Advisory Committee to get funding for Public Art at Celebration Park, and place this item before Council on February 18,
2003,
I'ROPOSED MOTION: "I move approval of the Arts Commission 2003 Work Plan as presented,"
CITY MANAGER API'ROV AL:
/\fN\
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 AI'PROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
5.D
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date:
To:
From:
Via:
Subject:
February 3, 2003
PRHSPS Council Committee tJð
Mary Faber, Recre ion and Cultural Services Superintenden
David Mo, anager
2003 Arts Co ission Work Plan
Backl!.round:
The Arts Commission held a retreat in November to develop the proposed 2003 Work Plan. The Arts
Commission approved the Work Plan in January, following the adoption of the 2003-2004 budget. A
copy of the Work Plan is attached for review.
Committee Recommendation:
Motion to recommend to Council a "do pass" to approve the Arts Commission 2003 Work Plan,
and place this item before Council on February 18,2003,
i:/ counciIinfo/ acworkp Ian
Motion to recommend to Council a "do pass" to approve the
Arts Commission Work Plan as is, and suggest that the Arts
Commission put a grant together to the Lodging Tax Advisory
Committee to get funding for Public Art at Celebration Park,
and place this item before Council on February 18, 2003.
I)-I
1.
2.
City of Federal Way
Arts Commission
DRAFT
2003 Work Plan
Public Art Committee
A.
Maintain City Hall Exhibits and Knutzen Family Theatre Gallery.
III Schedule artists for both galleries for 2002
City Hall Gallery: 5 shows, including the Arts Alive Juried Show
Knutzen Family Theatre: 4 Shows
Timeline: Artists scheduled by Jan, 15, 2002
Lead: Staff
III Organize volunteers to assist in installing and removing exhibits
B.
Sponsor Alive in the Arts Juried Art Show.
III Develop Artist Prospectus
Timeline: July, 2003
Lead:
III Distribute Prospectus
Timeline: September, 2003
Lead: Staff
III Install the Exhibit, Co-Host Arts Alive Reception
Timeline: October, 2003
Lead:
C.
Host dedication for the Skateboard Park Project.
III Compile invitation list and send out invitations.
Tlmeline: March, 2003
Lead:
Cultural Outreach Committee
A.
Knutzen Family Theatre Arts Community Feedback
III Host F,W.C.PA and get feedback from user groups
concerning the facility, policies and pricing
Timeline: February, 2003
Lead:
B,
Develop on-going advocacy with the Council on needs,
III Update Council Committee on facility schedules and needs
Timeline: Attend Council Committee Quarterly
Lead:
C,
Update annual informational Arts Commission brochure.
Timeline: Print in February, 2003
Lead:
3.
A.
ß,
C,
D.
D,
Publish semi-annual newsletter.
Timeline: Spring-Summer Edition mailed in March, 2003
Fall/Winter Edition mailed in September, 2003
Lead:
E.
Organize attendance Chamber meetings and bring promotional items for
display.
Timeline: Monthly as scheduled.
Lead:
G,
Submit information for the cultural calendar page on a quarterly schedule
for Recreation Brochure,
TImeline: Quarterly to coincide with the production of/he Recreation
brochure,
Lead:
Programs Committee
Sponsor Events at the Knutzen Family Theatre,
III Host a Winter Family Concert, Distribute promotions, provide
assistance with ticket sales and ushering,
Timeline: 2 Concerts to be held Feb-March 2003
Lead:
18 Co-Sponsor King County Performance Network Events at the
Knutzen Family Theatre. Assist with promotions, ticket sales,
ushering.
Timeline: 2 Concerts to be held Feb-March 2003
Lead:
Co-Host Arts Alive reception with Contract for Services Recipients and
City Council.
Timeline: March, 2003
Lead:
Red, White and Blues Festival:
III Review and develop new ideas for Artists in Action area,
Timeline: Finalized by March, 2003
Lead:
III Develop the idea of an integrated public art project at the event.
Timeline: Artists selected and ideas finalized by March,2003.
Lead:
2003 Contract for Services Program,
III Develop Update application guidelines,
TImeline: Programs Committee review June, 2003
Lead:
III Publish new guidelines,
Timeline: August 2003
Lead: Staff
2
4,
II Review applications and make recommendations for funding to
Commission,
Timeline: Review applications in October-November approve at Commission
Meeting in December, 2003
Lead:
E.
Continue involvement and funding support of the Summer Sounds on the
Beach Concert Series. Schedule Commission members to attend
Concerts,
Timeline: Summer, 2003
Lead:
Special Projects
A.
Cultural Plan Update:
18 Schedule a retreat to draft the priorities of the cultural planning
process,
Timeline: January, 2003,
Lead: Staff
18 Identify consultant or firm to facilitate drafting the new plan,
Timeline: February, 2003
Lead:
II Review draft plan with Commission,
Timeline: June, 2003
B.
Knutzen Family Theatre
II Review Vision and Mission Statements
Timeline:March, 2003
Lead:
II Review Pricing Policies and Guidelines,
Timeline: April, 2003
Lead:
II Recommend any revisions of Vision and Mission Statements
and pricing policies to Council.
Timeline: Present to Council Committee in June, Council July
Lead:
C,
Community/Senior/Aquatic Facility
II Assist with planning cultural facilities within the Center.
Timeline: 2003,as a part of the master planning process
Lead:
18 Identify public art opportunities for the Center,
Timeline: 2003,as a part of the master planning process
Lead:
MEE'J'JNG DATE:
February 18,2003
ITEM#
~ß)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2002 King County Sustained Support Grant
CATEGORY:
BUDGET IMI'ACT:
¡g¡ CONSENT
0 RESOLU'J'JON
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 I'UBLIC HEARING
0 o'J'Jllm
Amonnt Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Commillee action form dated January 6, 2003; 2002 King County Sustaincd Support Grant
SUMMARY/BACKGROUND: The King County Arts Commission Sustained Support Program provides annual funding
to local arts agencies with a history of bringing arts opportunities to King County residents, The City of Federal Way
applied for and was awarded $] 2,000 for art programs in 2002, These programs are the stage and arts venues at the Red,
White and Blues Festival; Arts Alive and Puget Sound Musical Theatre Camps and the Sounds of the Summer outdoor
concert series. The City has received funding through the Sustained Support program since] 996,
Due to the reorganization of the King County Arts Commission the contract was not received until December of2002,
and was required to be returned to King County by December 3], 2002. Funding for this program was under review by
King County Council and was not secure earlier in the year. In the past, the Sustained Support Program was a two-ycar
contract. The current contract is for 2002 only, Beginning January 1,2003 the King County Arts Commission is no
longer functioning, The newly formed CuJtural Development Authority of King County will now manage euJtural
outrcaeh for King County and has yctto determine the on-going programs and services,
A copy of the Sustained Support Agreement is attached for review.
CITY COUNCIL COMMITTEE RECOMMENDATION: Motion to Council a "do pass" to ratify the City Manager's
signature and accept the King County Sustained Support grant for $12,000 for euJturaI arts programs in 2002, and place
this item beforc Council on February] 8,2003,
I'ROI'OSED MOTION: "] move approval oflhe 2002 King County Sustained Support Grant as presented,"
CITY MANAGER API'ROV AL:
-- -------
------------- ---------
------------- -
- ---- --
(Bh-LOW TO BE COMPLEIBD BY CITY CLERKS OFnCE)
~--~---------- -
- ---
COUNCIL ACTION:
0 AI'I'ROVED
COUNCIL BILL #
0 DENIED
0 TAULED/J)E]<'ERREDINO ACTION
0 MOVED TO SECOND REA)))NG (ordinances only)
ST reading
Enactment reading
OU)))NANCE #
IŒSOLUTION #
REVISE-O - 05/10/2001
- -------
- -- ----- -- -
5.E
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date:
To:
From:
Via:
Subject:
January 6, 2003
PRHSPS Council Committee
Mary Fabet, Rec tion and Cultural Services Superintendent
David Mos I anager
2002 'g C ty Sustained Support Grant
Backl!round:
The King County Arts Commission Sustained Support Program provides annual funding to local
arts agencies with a history of bringing arts opportunities to King County residents, The City of
Federal Way applied for and awarded $12,000 for art programs in 2002. These programs are the
stage and arts venues at the Red, White and Blues Festival; Arts Alive and Puget Sound Musical
Theatre Camps and the Sounds of the Summer outdoor concert series. The City has received
funding through the Sustained Support program since 1996,
Due to the reorganization of the King County Arts Commission the contract was not received
until December of 2002, and was required to be returned to King County by December 31, 2002.
Funding for this program was under review by King County Council and was not secure earlier
in the year. In the past, the Sustained Support Program was a two-year contract. The current
contract is for 2002 only, Beginning January 1,2003 the King County Arts Commission is no
longer functioning, The newly formed Cultural Development Authority of King County will now
manage cultural outreach for King County and has yet to determine the on-going programs and
services,
A copy of the Sustained Support Agreement is attached for review,
Committee Recommendation:
Motion to Council a "do pass" to ratify the City Manager's signature and accept the King County
Sustained Support grant for $12,000 for cultural arts programs in 2002, and place this item
before Council on ]alluafJ~, 2003,
kh<...~y I'X
ABPIlOYAL. OF COMMlTTEEEJ<;I,'ORT:
];-1
King County Contract No. 0326900
Contractor's Federal TaxpayerlD No,
Department/Division Executive / Cultural Resources
Agency Federal Way Arts Commission
Project Title 2002 Programs
Contract Amount $ 12,000.
Contract Period From: 01/01/02
Fund Code HIM - Sustained Support
To: 12/31/02
KING COUNTY AGENCY SERVICES CONTRACT - 2002
THIS CONTRACT is entered into by KING COUNTY (the "County"), its designated agent or
successor,and~ City of Federal Way' whose address is PO Box 9718, Federal Wav WA
98063-9718 (the "Contractor"),
WHEREAS, the County desires to have certain services performed by the Contractor as described in
this Contract, and as authorized by Motion No. 11501.
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,
to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
I.
DURATION OF CONTRACT
This Contract shall commence on the ~ day of January, 2002, and shall terminate on the 3 1st
day of December, 2002, unless extended or terminated earlier, pursuant to the terms and
conditions of the Contract.
II.
COMPENSATION AND METHOD OF PAYMENT
The County shall pay Agency a total of$ I 2,000. for completion of the services and
requirements specified in Exhibit~, attached,
III.
EVALUATIONS. RECORDS AND INSPECTIONS
A.
The Contractor shall provide right of access to its facilities, at all reasonable times in
order to monitor and evaluate the services provided under this Contract. The County
will give advance notice to the Contractor in the CáSe of an audit to be conducted by the
County.
E-L
AG SERVICES 2002 SHORT FORM
Page 1 of 7
c.
IV.
B.
The Contractor shall maintain accounts and records, including personnel, property,
financial, programmatic records and other suc/i,records as may be deemed necessary by
the County to ensure proper accounting for all contract funds and compliance with this
Contract. If State funding is awarded in coJ1junction with this project,these records shall
be maintained for a period of six (6) years after termination hereof unless permission to
destroy them is granted by the Office of the Archivist in accordance with RCW Chapter
40.14, or unless a longer retention period is required by law. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and
services provided in the performance of this Contract. The records and
documents with respect to all matters covered by this Contract shall be subject at all
times to inspection, review, or audit by the County during the performance of this
Contract.
The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor's performance under this Contract and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42. I 7.
ASSIGNMENT IS UBCO NTRACTIN G
The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the written consent of the County. Said
consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the
date of any proposed assignment. "Subcontract" shall mean any agreement between the
Contractor and a subcontractor or between subcontractors that is based on this Contract,
provided that the term "subcontract" does not include the purchase of (i) support services not
related to the subject matter of this Contract, or (ii) supplies.
v.
TERMINATION
This Contract may be terminated by the County without cause, in whole or in part, prior to the
date specified in Section I, by providing the Contractor thirty (30) days advance written notice
of the termination.
The County may terminate this Contract, in whole or in part, upon seven (7) days advance
written notice in the event: (I) the Contractor materially breaches any duty, obligation, or
service required pursuant to this Contract, or (2) the duties, obligations, or services required
herein become impossible, illegal, or not feasible.
If expected or actual funding is withdrawn, reduced, or limited in any way prior to the
termination date set forth above in Section II, the County may, upon written notification to the
Contractor, terminate tills Contract in whole or in part. Funding under this Contract beyond the
culTent appropriation year is conditional upon appropriation by the County Council of sufficient
funds to support the activities described in the Contract. Should such appropriation not be
approved, this Contract will terminate at the close of the culTent appropriation year.
Ë-~
AG SERVICES 2002 SHORT FORM
Page2 of 7
The Contractor may terminate this Contract upon thirty (30) days written notice, should the
County commit any material breach of this Contract.
VI.
FUTURE SUPPORT
The County makes no commitment to support the services Contracted for herein and assumes
no obligation for future support of the activity Contracted herein except as expressly set forth in
this Contract.
VII.
HOLD HARMLESS AND INDEMNIFICATION
The Contractor agrees to protect, defend, and indemnifY the County, its officers, officials,
employees and agents ITom any and all costs, claims, judgments and/or awards of damages,
arising out of or in any way resulting ITom the activities associated with this Contract, by the
Contractor, its employees, representatives, volunteers and/or agents. In the event the County
incurs any costs including attorneys fees to enforce the provisions of this article, all such costs
and fees shall be recoverable ITom the Contractor.
VIII. INSURANCE
By the date of execution of this Contract, the Contractor shall, for the duration of this Contract,
procure, maintain and provide evidence of coverage for the applicable insurance required as
outlined below:
General Liabilitv: Coverage shall be at least as broad as Insurance Services Office form
number (CG 00 01 Ed. 11-88) Commercial General Liability, in the amOunt of at least
$1.000.000. combined single limit per occurrence. King County, its officers, officials,
employees and agents shall be included or endorsed as an additional insured,
Automobile Insurance: In the event the performance of this Contract requires the use of
an automobile, automobile liability coverage in compliance with the statutory
requirements of the State of Washington is required.
Workers' Compensation Coverage: When applicable, evidence of Workers'
Compensation coverage in compliance with the statutory requirements of the State of
Washington shall be provided.
By requiring such minimum insurance, the County shall not be deemed or construed to have
assessed the risks that may be applicable to the Contractor under this Contract. The Contractor
shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits
and/or broader coverage.
E-Y
AG SERVICES 2002 SHORT FORM
Page 3 of 7
IX.
C.
D.
NO NO ISCRIMIN A TI 0 N
A.
King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully set
forth herein and such requirements apply to this Contract; provided however, that no
specific leyels of utilization of minorities and women in the workforce of the Contractor
shall be required, and the Contractor is not required to grant any preferential treatment
on the basis of race, sex, color, ethnicity or national origin in its employment practices;
and provided further that, notwithstanding the foregoing, any affirmative action
requirements set forth in any federal regulations, statutes or rules included or referenced
in the contract document shall continue to apply. The Contractor shall not discriminate
against any person on the basis of race, color, creed, religion, sex, age, nationality,
marital status, sexual orientation, or the presence of any sensory, mental or physical
disability in an otherwise qualified disabled person in employment. The Contractor shall
not violate any of the terms ofRCW Chapter 49.60, Title VII of the Civil Rights Act of
1964, or any other applicable federal, state or local law or regulation regarding
nondiscrimination in employment.
B.
During performance of this contract, the Contractor agrees that it will not engage in
unfair employment practices as defined by King County Code, Chapter 12. I 8, The
Contractor agrees that it shall not discriminate against, nor tolerate harassment of, any
employee or applicant for employment because of race, color, creed, religion, sex, age,
nationality, marital status, sexual orientation, or the presence of any sensory, mental or
physical disability in an otherwise qualified disabled person. The Contractor will take
affirmative action to ensure that applicants and employees are treated without regard to
their race, color, creed, religion, sex, age, nationality, marital status, sexual orientation
or the presence of any sensory, mental or physical disability in an otherwise qualified
disabled person. Such affinnative action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and,
selection for training, including apprenticeship, The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause,
The Contractor will, prior to commencement and during the tenn of this Contract,
furnish the County, upon request and on such forms as may be provided by the County,
a report ofthe affirmative action taken by the Contractor in implementing the terms.of
this provision, and will permit access by the County to the Contractor's records of
employment, employment advertisements, application forms, other pertÎDent data and
records for the purpose of monitoring and investigation to detennine compliance with
this contract.
Failure to implement and cany out the obligations outlined in this section in good faith
may be considered by the County a material breach of this Contract and may be grounds
for cancellation, tennination, or suspension of the Contract, withholding payment, or
invoking the enforcement provisions ofK.c.C. 12.16 which provides for penalties,
liquidated damages, or other remedies.
J;-S
AG SERVICES 2002 SHORT FORM
Page 4 of 7
E.
F.
x.
As required by King County Code Chapter 12.16, the Contractor shall provide the
County with assurance of their compliance with, the provisions of Section 504 of the
Federal Rehabilitation Act of 1973, as amended, and the Americans with Disabilities
Act of 1990. The Contractor shall complete and maintain in its office a Section 504 self
evaluation and corrective action plan. An assurance of compliance, contained in the
corrective action plan, must be signed, notarized and submitted to the County before the
Contract will be signed by the County.
In addition to the general prohibition against discrimination stated above, the following
nondiscrimination provisions relating to employment of persons with disabilities shall
apply to the Contractor:
1.
Reasonable Accommodation. The Contractor shall make reasonable
accommodation to the known physical or mental limitations of an otherwise
qualified disabled applicant or employee unless the Contractor can demonstrate
that the accommodation would impair or cause undue hardship on the operation
on the Contractor's business.
2.
Pre-employment inquiries. The Contractor may not conduct a pre-employment
medical examination or make a pre-employment inquiry as to whether an
applicant is a disabled person or as to the nature or severity of a disability. The
Contractor may, however, make a re-employment inquiry into an applicant's
ability to perform job-related functions. Nothing in this section shall prohibit
the Contractor ITom conditioning an offer of employment on the results of a
medical examination prior to initiation of the employment if all entering
employees are subject to such an examination regardless of disability.
MINORITY AND WOMEN BUSINESS PARTICIPATION
It is the County's policy that minority and women business enterprises (MWBEs) shall have the
maximum practicable opportunity to participate in the performance of contracts for the County,
In this regard, the Contractor is encouraged to make affirmative efforts to utilize firms certified
by the Washington State Office of Minority and Women's Business Enterprises as subcontractor
and suppliers in the event subcontracting or participation of firms other than the Contractor
becomes necessary the performance of this Contract. The Contractor may contact the County's
Minority and Women Business Enterprise Division to explain any work to be contracted and to
obtain a listing ofMwBEs which may be interested in performing such subcontract work.
XI.
CONFLICT OF INTEREST
King County Code Chapter 3.04 is incorporated by reference as if fully set forth hence, and the
Contractor agrees to abide by all conditions of said chapter. Failure by the Contractor to comply
with any requirement of said chapter shall be a material breach of contract.
E--(;
AG SERVICES 2002 SHORT FORM
Page 5 of 7
A.
The Contractor covenants that no officer, employee, or agent of the County who exercises
any functions or responsibilities in connection with the planning and implementation of
the program funded herein, or any other person who presently exercises any functions or
responsibilities in connection with the planning and implementation of the program
funded herein shall have any personal financial interest, direct or indirect, in this Contract.
The Contractor shall take appropriate steps to assure compliance with this provision.
B.
If the Contractor violates the provisions of Subsection XVIII (A) or does not disclose other
interest required to be disclosed pursuant to King County Code Section 3.04, the County
will not be liable for payment of services rendered pursuant to this Contract. Violation of
this Section shall constitute a substantial breach of this Contract and grounds for
tennination pursuant to Section XI above, as well as any other right or remedy provided in
this Contract or law.
XII.
POLITICAL ACTIVITY PROHIBITED
None of the funds. materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
XIII.
NOTICES
Whenever this Contract provides for notice to be provided by one party to another, such notice
shall be in writing and directed to the chief executive officer of the Contractor and the
director/manager of the County department/division specified on page I of this Contract.
XIV.
CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed which are mutually agreed upon
shall be incorporated by written amendments to this Contract.
xv.
KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Contractor shall use recycled paper for the production of all printed and photocopied
documents related to the fulfillment of this Contract and shall ensure that, whenever possible,
the COYer page of each document printed on recycled paper bears an imprint identifYing it as
recycled paper. If the cost of recycled paper is more than fifteen percent higher than the cost of
non-recycled paper, the Contractor may notifY the Contract Administrator, who may waive the
recycled paper requirement. The Contractor shall use both sides of paper sheets for copying
and printing and shaH use recycled/recyclable products wherever practical at the fulfillment of
this Contract.
&-l
AG SERVICES 2002 SHORT FORM
Page 6 of 7
XVI.
ENTIRE CONTRACTIW AIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any oral
or written representations or understandings not incorporated herein are excluded. Both parties
recognize that time is of the essence in the performance of the provisions of this Contract.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
breach of any provision of the Contract shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Contract
unless stated to be such through written approval by the County, which shall be attached to the
original Contract.
County:
Contractor:
FOR
?J.ttu;
David H. Moseley
Name (please type or print)
King County Executive
Date
Approved as to Form:
City Manager
Title (Please type or print)
12/27/02
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
March 7. 2001
Date
APPROVED AS TO FORM:
~~.~ ~ M ~À ~Ú 1v\Ll\ fu
tricia Ä. R hard son 'I
City Attorney
f-~
AG SERVICES 2002 SHORT F9RM
Page 7 of 7
EXHIBIT A
SCOPE OF SERVICE
Federal Wav Arts Commission and the King County Office of Cultural Resources mutually agree that the
following services be provided in accordance with the application and contract work sheet submitted'to
and approved by the King County Arts Commission.
Partial support for 2002 programs, including: Red, White and Blues Festival on July 4, 2002, a free
outdoor community event held at Celebration Park in Federal Way and featuring mainstage performances,
visual arts activities, and interactive activities for youth; Puget Sound Musical Theatre Camp, a new
program for 8-12 year olds co-sponsored by PSMT and culminating in public performances by students;
Arts Alive Summer Camp, an interdisciplinary arts camp offering education and experiences for youth in
visual, musical and performing arts; and Summer Sounds on the Beach, a free, summertime outdoor
concert performance series held weekly at Steel Lake Park. Events are open and publicized to the
community.
Amount: $12.000.00
For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation
regarding:
Final budget, actual
Completion of evaluation form
Final report of program activities
Programs, brochures, flyers if available
PUBLIC BENEFIT
Admission to summer concert performances and commUlÚty festivals is offered tree of charge.
Reduced fees and scholarships are available for youth participating in arts education programs.
PUBLICITY/PROMOTION POLICY
Prominent acknowledgment of King County is required of all recipients for use in all publicity and
promotional materials, including, but not limited to brochures, press releases, programs, posters, public
service announcements, flyers and advertisements, The following graphic is recommended:
@ King Coonty
* ~tS~~ission
Final payment will not be made until acknowledgment is submitted on printed material
E -9
MEETING DATE:
February] 8, 2003
J'O:M#.::¡r- ~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
First Amcndmentto American Janitorial Services Contract
CATEGORY:
nUDGET IMPACT:
[8J
0
0
CONSENT
RESOLUTION
CITY COUNCIL IWSINESS
0 OR))}NANCE
0 PUBLIC HEARING
0 OTm~U
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Commitlec action form datcd Dccembcr 30, 2002; First Amendment to American Janitorial Scrvices
Contract
SUMMAUYIBACKGROUND: The current janitorial serviccs contract with Amcrican Janitorial Services cxpired on
December 3], 2002. Staff would like to amend the contract for an additional year of service, This would be the first
amendment to the contract. American Janitorial Scrviccs has provided scrviccs at the Dumas Bay Centrc sincc 1997.
Thcy maintain a vcry good rcputation with our customcrs and staff is plcascd with thcir pcrformancc,
The Amendment would provide thc following:
Extcnd tcrm of contract for onc ycar
Increase compensation $100,000 from $298,200 to $398,200 for an additional year of compensation, including a slight
incrcasc in prevailing wages.
Janitorial scrvices is a budgeted item and is included in the 2003-04 budget. Schcduling of janitorial services corrclatcs
dircctly to facility bookings; if the building is scheduJcd janitorial serviccs arc scheduled, This request does not changc
thc Council adopted budgct for Dumas Bay Ccntrc,
A copy of the American Janitorial Scrviccs Contract is included for your review.
CITY COUNCIL COMMITTEE UECOMMENDA nON: Motion to recommend to Council a "do pass" to authorize
the City Manager to approve the First Amendment to the Amcrican Janitorial Services ContTact in the amount of
$100,000, extending the term of the contract for one year and to placc this item before Council on February 18, 2003,
I'UOI'OSED MOTION: "] move approval oflhe First Amendment to American Janitorial Scrvices Contract as
presented,"
CITY MANAGEU AI'I'UOY AL:
~~- - ~ ---
- ------
(BELOW TO BE COMPLETE)) BY CITY CLERKS OFnCE)
COUNCIL ACTION:
0 APPROVE})
0 })ENIIW
0 TABLE})/I)EF~;Rlm))/NO ACTION
0 MOVE}) TO SECOND R~;A])]NG (ordinances only)
COUNCIL BILL #
]ST reading
Enactment reading -----
ORDINANCE /I
IŒSOLlJTlON II
--------
REVISED - 05/10/2001
5.F
CITY OF FEDERAL WAY
I'ARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date:
To:
From:
Via:
Subject:
December 30, 2002
PRHSPS Council Committee
Mary Faber, ecr .on and Cultural Seryices Superintendent
Dayid M ele nager
First Amend nt to American Janitorial Services Contract
Backl!round:
The current janitorial services contract with American Janitorial Services expired on December 31,2002,
Staff would like to amend the contract for an additional year of service. This would be the first
amendment to the contract.
American Janitorial Services has provided services at the Dumas Bay Centre since 1997. They maintain a
very good reputation with our customers and staff is pleased with their performance, The Amendment
would provide the following:
H CIV';J
Extend term of contract ~IJIOO'
Increase compensation "from $298,200 to $398,200 for an additional year of compensation,
including a slight increase in prevailing wages.
Janitorial services is a budgeted item and is included in the 2003.04 budget. Scheduling of janitorial
services correlates directly to facility bookings; if the building is scheduled janitorial services are
scheduled. This request does not change the Council adopted budget for Dumas Bay Centre.
A copy of the American Janitorial Services Contract is included for your review,
:>y.¿c.V""Do...~+- 0<' AltD,DDv
Committee Rccommcndation: />'", 'I'
Motion to recommend to Council a "do pass" to authorize/the City Manager to approve the First
Amendment to the American Janitorial Services Contract' extending the term of the contract aBà-
.a~~Qd!ltet:l compensatiofl for one year and to place this item before Council Oß..Ja¡¡IiIliJ 21,2003,
\tb""",,<'j \'\ ,
K: / dbc/ fi rstam en d en m en tAmJ an i tori al 0 3
F-I
FIRST AMENDMENT
TO
JANITORIAL MAINTENANCE SERVICES AGREEMENT
FOR
FOR THE DUMAS BAY CENTRE AND KNUTZEN FAMILY THEATRE
DRAFT
~
/(1 ð.]
This First Amendment ("Amendment") is dated effective this 1" day of January 2003, and is
entered into by and between the City of Federal Way, a Washington municipal corporation ("City"),
and American Janitorial Services, a Washington corporation ("Contractor").
A, The City and Contractor entered into a Janitorial Maintenance Services Agreement
dated effective January 1, 2000, whereby Contractor agreed to provide janitorial services for the
Dumas Bay Centre and Knutzen Family Theatre ("Agreement").
B. Section 17,2 of the Agreement provided that the Agreement may only be amended by
written agreement signed by the parties.
C. The City and the Contractor desire to amend the Agreement to expand the scope of
work to be performed by the Contractor, to increase the compensation paid to the Contractor for the
rendering of these additional services, and to extend the term of the Agreement.
NOW, THEREFORE, the parties agree to the following terms and conditions:
1.
Scope of Work.
Section 1 of the Agreement and the Scope of Work attached as Exhibit "A" and Exhibit "B"
to the Agreement shall be amended to include those additional services more particularly described
in Exhibit "B-1" attached hereto and incorporated by this reference ("Additional Services").
Additional services shall commence on February 1, 2003.
2,
Term,
Section 2 of the Agreement shall be amended to provide to extend the term for a period of
one year and one month, terminating on January 31, 2004,
3,
Compensation,
In consideration of Contractor completing the Additional Services, Section 4.1 of the
Agreement shall be amended to increase the total compensation to be paid to the Contractor by an
additional amount not to exceed One Hundred Thousand and no/I 00 Dollars ($100,000), for a total
amount payable to Contractor pursuant to the Agreement and this First Amendment to be an amount
not to exceed $398,200,00.
~-L
4.
Full Force and Effect.
All other terms and conditions of the Agreement not modified by this Amendment shall
remain in full force and effect.
DATED the effective date set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley, City Manager
PO Box 9718
Federal Way, W A 98063-9718
ATTEST:
APPROVED AS TO FORM:
City Clerk, N, Christine Green, CMC
r ~ ~_Lw';'
Patricia Richardson, City Attorney
AMERICAN JANITORIAL SERVICES
By:
Robert Fritz
Its:
Owner
k:/ dbc/firstamendAmJ anitoria1O2
P.O. Box 5311
Kent, W A 98064
(253) 854-0433
r-5
- 2 -
JANITORIAL STANDARDS - KNUTZEN FAMILY THEATRE (Exhibit "A'"
AREA ITEM STANDARD FREQUENCY
THEATRE ~ Vacuumed, no soots. edaes cleaned and dusted As requested
Seats - fabric Clean, spots removed As reQues!.ed
Seats - backs and anns Clean and free 01 dust, finaen>rints and marks removed As reouested
Lights (WaR sconces) Clean and Iree 01 dust As requested
Trash cans Empty, wipe down As requested
Glass (Control & Fol'owspot rooms) Clean, fmgerprints and marks removed As reQuested
Walls Clean and free 01 dust As reQuested
STAGE Floor SweeD and da"'I'mop As requested
THEATRE LOBBY ~t Vacuumed, no soots, edaes cleaned and dusted As requested
WindOWS/Doors Clean alass, finaerorints and marks removed As requested
lights Clean and lree 01 dust As reQuested
Curved wall Clean and free 01 dust As requested
Trash cans Empty, wipe down As reQuested
CeDillO ve~ers Clean and free 01 dust As requested
LOBBY LOUNGE Carpet Vacuumed, no spots, edges cteaned and dusted Weekly
Lights Clean and free 01 dust Weekly
WmdowslDoors Clean alass, firn¡erorints and marks removed Weeklv
Glass Block Clean alass, finaerlJrints and marks removed WeeklY
Trash cans EmDtv, wiae down WeeklY
REHEARSAL SPACE Carpet Vacuumed, no spots, edges cleaned and dusted As requested
Floor SweeD, marks and sculls removed As requested
WondowslDoors Clean glass, fingerprints and marks removed As requested
Mirrors Clean alass, finaerprints and marks removed As requested
Ughts Clean and free 01 dust As requested
Trash cans Emotv, wioo down As requested
WORKROOM Floor Sanitized, marks and sculls removed As requested
Trash cans Emotv. wioo down As requested
Sink Clean, disinlect As requested
STAGE OFFICE Floor SanHized, marks and sculls removed As requested
Trash cans EmDtv, wiae down As requested
Windows Clean alass fmoerarints and marks removed As requested
HOLDING AREA Floor Sanitized, marks and scuffs removed As requested
DRESSING ROOMS (2) Floor SanHized, marks and scuffs removed As requested
Trash cans Emotv, wioo down As requested
Sink Clean, distnlect As requested
S~ di~nser Refilled As needed
Mirrors Clean alass, finaerarints and marks removed As requested
HALLWAYS Floor Sanitized, marks and sculls removed As requested
lights Clean and Iree 01 dust As requested
BATHROOM (Backstage) Trash can Emotv, wioo down Daily
Counter Wiae, disinfect Daily
Sink SanHized, fixtures polished Daily
Toilet Base, stool, seat, tank sanitized DailY
Door DOOt's clean and Iree 01 marks Dail
Glass/mirror Clean glass, fingerprints and marks removed Daily
FIOOt' SanHized, marks and scuffs removed Daily
Walls Soot cleaned Daily
SoaD dispenser RefiRed As needed
Toiletpaper disaenser Refilled As needed
Paper towel dispenser Refilled As needed
Liahts Clean and Iree 01 dust Weekly
BATHROOM (Mens) Trash cans Empty, wipe down Daily
COtJnler Wipe, disinlect Daily
Sinks SanHized, fixtures polished Daily
ToiletslUrinals Ba.., stool, seat, tank sanHized Daily
Doors Doors clean and Iree of marks Daily
Glass/mirrors Clean alass, finaerarints and marks removed Daily
F-'1
Floor Sanitized, marks and scuffs removed Daily
Walls Spot cleaned Daily
Relllled As-
Toilet Refiled As-
p- towel cf",pensers Refilled As-
lights Ck!atl and free of dust Weekly
BATHROOM (Wornens) Trash cans EI11 >ty, wipe down lLaIty
Counter WIpe, disinfect Daily
Sinks Sanitized, fixtures polished Daily
To/lets Base stool, seat tank sanitized Daily
Doors Doors cfean and free of marks Daily
Glass/mirrors Ck!atI ~s, finaerørtnts and marks removed Dally
I Floor SanItized marks and scuffs removed Dally
I
I Walls Spot cleaned Dally
RetIIed As needed
Toilet Refilled As needed
p- towel d~¡>ensers Refilled As-
lights Clean and free of dust Weekly
COORDINATOR OFFICE C~ Vacuumed no spots, edges cleaned and dusted Weekly
Trash cans Empty, wiDe down Wee/dy
Wlndows/Doors Cleanj lass, ~ and marks removed Wee<Jy
BOX OFFICE ~ Vacuumed, no spots, edges cleaned. and dusted Weekly
Trash cans Empty, ~down W~1dy
Wlndows/Doors Clea'!J ,lass, fi""",,,lints and marks removed Weekly
Counters Ck!atland free of dust Weekly
I:'M-tIoperlcust.wb3
r-5
DUMAS BAY CENTRE
FRONT ENTRANCE
"
Vaouumed; no "'°"', edges dean and du""d w-
windows/d"",
. '"
rum.....
....."'"
--ncomal
.... cao.
a... dean; "'" nnls and """'" rnmoved w-
Cleanand_oldu'.""g,- w
aeanand"'oldu," woe.
aean~d~eold~ ~
aean; Is~dma"'"moved
empty""'po down ......,.
MEN'SIWOMEN'S SA THROOM - 5
RECEPTION AREA
HAtl.WAYS
..'"
"",n""
,Inks
""ots
d-
gla""""",,
1lo0oi
walls
dl en'e..
_'.ap~dl, en,.,
"""", dl, en..,
<ta;1
d<
dati
dati
dally
ooun....
magaDno ..d<
wa""founlain
..'" can,
dean end"'oldu,1
deanend"'ofdu,"
",nltized, stainle" s",", oIlshed
empty""'.e down
w...
w...
w_y
weak'y
windows
ca I
e... deon; 'nge",nn'" end ma",s 'amoved ~e.
",wum;no",ots,ed deanenddusted wee.
",wum;nOS"",ed e'deananddusted weakl
dean;,..ol'ng"","n"'Ondma"'"""oved ~...
dean;"'oldusl moo"l
Clean and ,..oldus. bugs """oved moo"l orasneeded
AND MEETING ROOMS...
dean; dlôntected dait or as needed
dus"_lghten daU or"needed
BANQUET ROOMS, CONFERENCE
SlOE KITCHEN s
VENDING AREA
RETREAT ROOMS
S"""co non-<hed<out
caat
ledges
"'~ato..
U h'"
..'"
vawumed; no apols,edges clean and dusted da' o"'ne-
dean; ,.. oldu," daityo,," needed
dean;"'ofdusl dait ores needed
Cleanend_oldu,.bugsrnmoved moo'"
""'po down da; or as needed
em "'" e down dati or as needed
",ol dean dait ores needed
s dean deit ora,"eeded
dus"dean bl..nnuaU
bins
wal"
gIa"
tans
"",n""
""""
lances
..'"
dean;~,lnfect we'"
deon; ~';nfed we'"
dean;dlsmted weakl
ty . down woe.
e ty""'podown weakl
clean;'" ol du," w-
"'°' dean; 'n nn"'andma",s..moved weakly
s~"'ed;ma"'andscuffs"""oved weekly
dean;_ofdusl weakl
bins
led ,
windows
"""
..dle"'"
ma"'lnes
,-
coon""
de"';"'oldu,"
can"'""; ma... and scuff, rnmoved
ean; ° dust
we'"
weakly
we"'y
bed linens s"lgbten bed linens
coon"", d...s...., tables,
wlndow,;U',..dle"'" duslandeleon
"sh
Page t
~ - lo
DUMASBAYŒNTRE
Se"'", "'eckJnlootJ
BASEMENT
Stal"
Cta"",""", Roome
Ba"'room
aedotherdu6"a,
"'e"'- "
Re"'" rooms --
Dee dea",e . OIeae
bed ,...""
",ue'"""-""'".;edow
sUIs,<adJa1Dls
......
ca
"""e
ba"'rooms
baIh ,"ens
Kle«>e,
""et a"",
doeel
doeet
me~d.. cableet
alann deck
welcome Ie'"
male","ae", update
.-"" - .
ba"',"b,-.
baihroom, -5
"... and fi",""",
""""'"
tile 0"""
Handmll
Stal"
000"
tables/"""",",""
sink
","dow "",
......
roue,"",
""'"
""ele
d"""
~_mJ"""
0"""
wall,
dl, .."
JoItet "" an'a<
"wel, dl, ..,
"""urn
....... andnotha' o'rod.
dean1dJsJofedaJl baihroomlbdun>e, """",
""'"
aR baIh "ean,
"
"",1aceI- -mleimumof1eddltiooalrntlln
ba"'room
eel""
minimum 5 coat hae In room
-,
em ty, '""""'" aed_oIdeb.,
'me ""'"'" oed atane Jumed o'
,laced eea. oe d"'" or bed
Bad> day 10< any male","ance ,",,., In Ihe
bed..."".
Cleaeand _ofd""
Sw 0 :"'of~rtaeddeb'"
bI-w....
bI-
,"eltized: '"""" aed """".....ved
dean:'" oIdu"and_,
,"eltized, ed
dean:'" of ""etaed deb',
bI-w-
bI-w""
bI-weaId
bi-weekJ
em /wi _e
. "e"'"
eanIJIZed: O>du... /shed
baee,_,'eat,laek""'ltized
"""" _e and'" of me""
da'
da"
dall
daJJ
daiI
~a" dean; fin ""Ie and ma"" ..moved dell
eanIJIzed:,""""aed"""""""ed da'
dean
....,ed a, eBeded
"'1Ied as eBeded
-.. a'_ed
oea ,hourba...
',-,. Re, ""eforln,""" 01,02 ,tie,.. aedtoiletpa,
InOOde:
"e"'" """,'oondu aed""'",dlrtand"u,' Duet eeaedolha<horizoetal"'ñacee
F-ì
Page 2
Provide bed and bath linens:
L Twin bed/single occupancy - $4.95
lflat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, I face
towel (12x12), 1 hand towel (15x25), I bath towel (22x48).
Twin bed/double occupancy - $9.90 .
2 flat sheet, 2 fitted sheet, 4 pillow coyers, 2 mattress pads, 2 face
towels (12xI2), 2 hand towels (15x25), 2 bath towels (22x48)
Double bed/single occupancy - $5,65
lflat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, 1 face
towel (12x12), 1 hand towel (15x25), 1 bath towel (22x48).
Double bed/double occupancy - $7.70
1 flat sheet, 1 fitted sheet, 4 pillow covers, 1 mattress pad, 2 face
towels (12xI2), 2 hand towels (15x25), 2 bath towels (22x48).
Minimum linen order is linen for ten people. Maximum linen order is for linens for 90
people.
D,
EXHIBIT "B"
OVERNIGHT ROOM SERVICES
A Room cleaning: $4.00 per single person occupancy
$6.00 per double person occupancy
B.
Cleaning of showers, baths and toilet facilities for retreat services = $30.00 per
day of service,
C.
2,
3.
4.
Bed blanket cleaning, (if machine washable): $2.25 per blanket
GENERAL CUSTODIAL SERVICES
A Daily/weekly custodial services - $19.00 per hour, Services to be performed per
Exhibit "A:'. Additional services may be contracted at $19,00 per hour.
B.
c.
D.
Carpet extracting and cleaning - $0,11 per square foot - per the request of the
contract administrator. $150,00 minimum per service.
Floor scrubbing, stripping and waxing - $25.00 per hour
Window cleaning (all interior and exterior windows) - $500
\="-c¿
Provide bed and bath linens:
1. Twin bed/single occupancy - $4.95
1 flat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, 1 face
towel (12xI2), 1 hand towel (15x25), 1 bath towel (22x48).
Twin bed/double occupancy - $9.90
2 flat sheet, 2 fitted sheet, 4 pillow covers, 2 mattress pads, 2 face
towels (12xI2), 2 hand towels (15x25), 2 bath towels (22x48)
Double bed/single occupancy - $5,65
lflat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, 1 face
towel (12xI2), 1 hand towel (15x25), 1 bath towel (22x48),
Double bed/double occupancy - $7.70
1 flat sheet, 1 fitted sheet, 4 pillow covers, 1 mattress pad, 2 face
towels (12x12), 2 hand towels (15x25), 2 bath towels (22x48).
Minimum linen order is linen for ten people. Maximum linen order is for linens for 90
people.
D.
EXHIBIT "B""" I
REVISED FOR PREVAILING WAGE INCREASES FOR A CONTRACT
EXTENSION JANUARY L 2003
OVERNIGHT ROOM SERVICES
A. Room cleaning: $4.61 per single person occupancy
$6.92 per double person occupancy
B.
Cleaning of showers, baths and toilet facilities for retreat services = $34.59 per
day of service.
C.
2.
3.
4.
Bed blanket cleaning, (if machine washable): $2.25 per blanket
GENERAL CUSTODIAL SERVICES
A. Daily/weekly custodial services - $21.90 per hour. Services to be performed per
Exhibit "A". Additional services may be contracted at $21.90 per hour,
B.
c.
D.
Carpet extracting and cleaning - $0.13 per square foot - per the request of the
contract administrator. $150.00 minimum per service,
Floor scrubbing, stripping and waxing - $28,82 per hour
Window cleaning (all interior and exterior windows) - $575.00
~-1
MEETING DATE:
February 18,2003
ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Amendment to the 2002 CDBG CARES Agreements
CATEGORY:
BUDGET IMPACT:
[8J CONSENT
0 RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
0 PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: 1) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated
February 3, 2003. This includes the Amendment to the King County Housing and Community Development Agreement
for the use of the 2002 CDBG funds and Proposed Amendment to the Scope of Work for the Agreement with the Federal
Way Norman Center, YMCA for the CARES Child Care Subsidy Program.
SUMMARYIBACKGROUND: As part of the 2002 Community Development Block Grant (CDBG) Program, the City
of Federal Way allocated $50,239 to the Federal Way Norman Center YMCA for the CARES Child Care Subsidy
Program, Amendments to the Agreements with King County Housing and Community Development and the Federal
Way Norman Center, YMCA are being requested following review of the prior history ofthe program and performance
through the third quarter of2002. The Federal Way Norman Center has changed the focus of the program from serving
families in need of emegency child care (which are now referred to DSHS first) to stabilizing the family and keeping the
children in the same schooL The requested change would amend the performance measures by reducing the number of
unduplicated clients from 56 to 30 for 2002, Additionally, a modification to the units of service would change how the
number of days is calculated, The original agreement counted days the child care facility is open. The amendment would
count the combined number of days care is provided to each child in the CARES program during the reporting period,
This provides more meaningful data to the City regarding the usage of the program.
CITY COUNCIL COMMITTEE RECOMMENDATION: At the February 10,2003 Parks, Recreation, Human
Services, and Public Safety (PRHSPS) Committee meeting, the Committee voted to recommend approval of the requested
amendments the 2002 CDBG CARES Agreements to change the Scope of Service to 30 unduplicated clients per year and
modifY the Units of Service to track the number of days service is provided for the CARES.
PROPOSED MOTION: I move to approve the amendments to the 2002 CARES CDBG Agreements with King County
Community Services Division and the Federal Way Norman Center YMCA to change the Scope of Service to 30
unduplicated clients per year and modifY the Units of Service to track the number of days service is provided for the
CARES program.
.-------------.---.-.--.-..---------
..._._~--_.-
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
D TABLEDillEFERREDINO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED-O5/1012001
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
S.I
Date:
From:
Via:
Subject:
February 3, 2003 -~
Kelli O'Donnell, BG CoordinatoV"'" )
David Mo Manager
Amendment t t e 2 02 CDBG CARES Agreements
Background:
As part of the 2002 Community Development Block Grant (CDBG) Program, the City of Federal
Way allocated $50,239 to the Federal Way Norman Center YMCA for the CARES Child Care
Subsidy Program, The City of Federal Way entered signed agreements with King County
Housing and Community Development for the use of the 2002 CDBG funds and with the Federal
Way Norman Center YMCA as a Subrecipient of2002 CDBG funds. Both agreements included
a Project Scope that set out the details of the project including the performance measures for the
CARES program. (Attachment A and B)
In November it was determined that the performance measures for 2002 were not realistic
following meetings with the YMCA and review of the previous four years of the program. The
YMCA had changed their focus from serving families in emergency care, which are now referred
to DSHS first, to stabilizing the family and keeping the child in the same schooL An amendment
to the 2002 CARES Program performance measures was requested to reduce the number of
unduplicated clients for 2002 from 56 to 30. Additionally, it was requested that the Units of
Service tracked be changed from the number of days the childcare is open to the combined
number of days care is provided to each child in the CARES program during the reporting
period. The revised Units of Service would provide more meaningful data on the services
received by CARES clients.
King County has authorized the amendments to the CARES Program and forwarded the
amendment to Federal Way's King County Department of Community and Human Services
Housing and Community Development Contract - 2002, (Attachment A). An amendment to
Federal Way's Agreement with the Federal Way Norman Center YMCA is necessary to
implement this change with our Subrecipient. (Attachment B), The proposed amendments are
required for King County to reimburse the City of Federal Way for the fourth quarter expenses of
the CARES Program. If you have any questions or comments, please contact me at
253.661.4153 or bye-mail at kelli.odonnellt1V.ciJederal-way,wa.us,
Commission Recommendation
On January 13, 2003, the Human Services Commission passed a motion to recommend that
the City Council authorize the amendments to the 2002 CARES CDBG contracts to change the
scope of service to 30 unduplicated clients per year and modify the Units of Service to track the
number of days service is provided for the CARES program,
:I-I
Committee Recommendation
Motion to approve amendments to the 2002 CARES CDBG contracts with King County
Community Services Division and the Federal Way Norman Center YMCA to change the scope
of service to 30 unduplicated clients per year and modify the Units of Service to track the
number of days service is provided for the CARES program. To be forwarded to the City
Council for consideration at its February 18, 2003 meeting.
+-2-
CONTRACT AMENDMENT
Attachment A
Page 1 of 1 Page(s)
PROJECT NAME Federal Way YMCA CARES Child Care Subsidy Program Support
AGENCYICONTRACTOR City of Federal Way CONTRACT NO.
DATE ENTERED
AMENDMENT NO.
DATE ENTERED
D31341O
1/1/2002
ADDRESS
p,O, Box 9718
Federal Way, WA. 98063-9718
12/18/02
AMENDMENT REQUESTED BY
AMENDMENT EFFECTS
Community Services Division
Housing and Community Development Program
~ Scope of Service
Time of Performance
- Method of Payment
~eliance
- Compensation
Results of Services
- Terms & Conditions
PURPOSE
To revise section 3) Performance Measures, sub-section B. Units of Service, to Project Scope No.4, Project No.
C02406, Federal Way YMCA CARES Child Care Subsidy Program Support, to City of Federal Way's King
County Department of Community and Human Services Housing and Community Development Contract -2002.
A. PROJECT SCOPE CHANGES
Project Scope No.4, Project No. C02406, Federal Way YMCA CARES Child Care Subsidy Program Support, is
hereby replaced with Project Scope No.4, Revision No.1, and is incorporated as attached.
IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the
date first written above.
Signature
for
Ron Sims, King County Executive
David H. Moseley
Name (Typed)
Date
City Manager
Title
Approved as to form per
Prosecuting Attorney Memo
Date
'T-3
PROJECT SCOPE OF SERVICES NO.4 - REVISION NO.1
Pro'ect No.: C02406 Start Date: 1/1/2002
Project Title: Federal Way YMCA CARES Child Care End Date: 12/31/02
Subsid Pro am Su or!
Contract No.: D3134lD
Termination Date: 12/31/02
Pro'ect Mana er: Joshua Goldfin er
City Contact Person: Kelli O'Donnell
Tele hone: (253) 661-4153 Email: kelli.odonnell ci.federal-way.wa.us
City of Federal Way (hereinafter referred to as "the Agency") shall utilize King County
Co~¡¡nity Development Block Grant funds to perform the activities specified below. Such
services shall be provided in a manner which fully complies with all applicable federal, state and
local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended.
1) Project Summary
The Agency shall use CDBG funds to provide 2000 service days for chiIdcare for 30 low- and
moderate-income residents within the service area of the Federal Way Public Schools, through a
subcontract with the Federal Way Norman Center YMCA. CDBG funds will support the
CARES Childcare Subsidy Program, which provides financial relief for low- and moderate-
income families in need of affordable before- and after-school childcare.
2) Project Budget
The Agency shall apply the following County funds to the project in accordance with the Line
Item Budget Summary below:
A. County Funds
King County Community Development $50;239,00
Block Grant - Pass-through City Fuhds
Total County Funds: $50,239,00
ß. Liue Item Bud~et
Personnel Services (detail below) $
Office or Operating Supplies $
Consultant or Purchased Services $50,239,00
Construction Contracts $
Communications $
Travel and Training $
Other (sDecifv below): $
Total County Funds: $50,239.00
Project Scope of Services No, 4 - Revision No. I - Page 1
I-4
3) Performance Measures
A. Number Seryed
The Agency agrees to serve, at minimum, the following unduplicated number of persons with
CDBG funds:
1" 20' 3" 4'"
Quarter Quarter Quarter Quarter Total in
JAN.- APRlL- JULY- ocr.- Year 2002
MARCH JUNE SEPT. DEe.
No. of un duplicated persons assisted 9 7 7 7 30
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
1" 20' 3" 4"
Quarter Quarter Quarter Quarter Total in
JAN.- APRlL- JULY- ocr.- Year 2002
MARCH JUNE SEPT. DEC,
Service Davs Child Care is Provided 500 500 500 500 2,000
C. Definition of Services
Service Days Child Care is Provided: The total amount of all days of child care calculated by
adding together the number of days of care provided to each child during the reporting period.
4) Records
A. ProjeCt Files
The Agency shall maintain files for this project containing the following items:
I. Notice of Grant Award,
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills foLpayment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Scope are
allowable in accordance with OMB Circular A-87 for local governments and A-122 for
nonprofit organizations. Such records include, but are not limited to:
Project Scope of Services No.4 - Revision No. 1- Page 2
7-5
.
for personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time
sheets must be signed by a supervisor and annotated to document percent of time charged
against this project ifIess than full time;
.
for stafftravel, documentation of mileage charges for private auto use must include: a)
odometer reading at begill1Úng and end of trip, b) destination and starting location, and c)
purpose of trip; and
.
for copy machine use, postage, telephone use, and office supplies when these costs are
shared with other programs and no invoice is available, log sheets or annotated invoices,
9. Documentation of the solicitation process used to select vendors and subcontractors with
originäl purêhase orders and stIhcòiïtracts. . . 0'
10. Documentation required by this Contract if any funds provided under this Scope are used
to acquire equipment.
11. The Agency shall ensure that services provided with funding under this Contract are made
available to residents of the following jurisdictions that are participating in the King County
CDBG Consortium:
AIgona Duvall MapIeValley Shoreline
Beaux Arts EnumcIaw Mercer Island Skykomish
Black Diamond Federal Way Newcastle SnoquaImie
Bothell Hunts Point North Bend Tukwila
Burien Issaquah Pacific Woodinville
Carnation Kenmore Redmond Yarrow Point
Clyde Hill Kent Renton Unincorporated King County
Covington Kirkland Sannnamish
Des Moines Lake Forest Park SeaTac
Services provided with funding under this Contract may be limited to residents of one or more
of the ãbove-referenced jurisdictions.
12. Documentation of client income, .
The Agency shall screen all clients served with funds provided under this Contract and
maintain records documenting that each client served does not have a gross annual family
income in excess of the limits specified in the below Income Guidelines for Moderate Income
Households (80% and below of median) with the applicable number of Persons Per
Household. .
Project Scope of Services No.4 - Revision No. 1- Page 3 -:I--ft,
Adjusted gross income as defined by the Internal Revenue Service Form 1040 shall be used to
determine persons' or households' income. The following methods may be used to determine
income eligibility:
.
IRS income tax return;
Client income certification on a form approved by the County; or
Documentation of qualification for participation in a "means-tested" federal or state
program at least as restrictive as CDBG with regard to Income Guidelines.
.
.
2002 INCOME GUIDELINES
Persons Per Household
-
1 2 3 4 5 6 7 8
Moderate Income $38;100 $43,500 $4&,9W $54,400 $58,750 $63,100 $67,~O $71,800
(below 80% of median)
Low Income $27,250 $31,150 $35,050 $38,950 $42,050 $45,200 $48,300 $51,400
(below 50% of median)
Extremely Low Income $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
(below 30% of median)
Income guidelines may be adjusted periodically by HUD, The Agency agrees to use updated
Income Guidelines which will be provided by the County,
5) Invoices
The Agency shall submit invoices to the County within 20 business days after the end of the first,
second and third quarters. The Agency shall submit its final invoice to the County in accordance
with Part I, Section 3C. The Agency shall submit invoices to the County in the form of a CDBG
Program Voucher Reimbursement Request Form which will be provided by the County.
Such forms shall be signed by an authorized representative of the Agency,
6) Reports
The Agency shall collect and report client information to the County quarterly and annually on a
Program Accomplishment form, in a format provided by the County.
The Agency shall submit with the final invoice a Project Funding Report form, in a format
provided by the County, itemizing all funding used for the project.
Project Scope of Services No.4 - Revision No. I - Page 4
ì-¡
7) Subcontracted Services
The Agency shall execute written agreements with each agency with which it subcontracts to
provide services (hereinafter "Implementing Agency") and shall incorporate into such
subcontracts all applicable provisions of this Contract.
The Agency shall invoice the County for due and payable invoices of the Implementing Agency
or for costs paid by the Agency for goods, materials or services already provided. The Agency
shall invoice the County after the Implementing Agency has invoiced the Agency. The Agency
shall include a copy of the Implementing Agencýs invoice with the invoice submitted to the
County. The Agency shall ensure that all costs for which the Implementing Agency requests
reimbursement are allowable in accordance with OMB Circular A-122 for an Implementing
Agency that is a nonprofit corporation or OMB Circular A-87 for an Implementing Agency that
is a municipal corporation or an agency of the State of Washington.
If the Implementing Agency expends $300,000 or more in Federal funds annually, the Agency
agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-B3
(Audits of States, Local Governments, and Nonprofit Organizations), The Agency shall review
audit reports subnùtted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and
ensure that any audit findings are resolved within six months of the date of the audit report,
Project Scope of Services No.4 - Revision No, 1- Page 5
1>~
Attachmentð
~~ ~ Exhibit A
2002 CDBG PROJECT SCOPE OF SERVICES NO.4
Project No.: C02406 Start Date: 1/1/02
. Project Title: The Federal Way YMCA CARES Child Care End Date: 12/31/02
Subsidy Program Support
Contract No.: 0313410 Termination Date:
Project Manager: Kelli O'Donnell 12/31/02
City Contact Person: Kelli O'Donnell Telephone: (253)661-4153 Fax: (253)661-4048
E-mail: kelli.odonnell@ci.federal-way,wa.us
Contractor Contact Person: Theresa Young Telephone: (253) 838-4708
E-mail: Tyoung@fw,seattleymca.org Fax: (253) 838-9490
Federal Way Norman Center, YMCA (hereinafter referred to as "the Contractor")
shall utilize City of Federal Way Community Development Block Grant funds to perform
the activities specified below. Such services shall be provided in a manner which fully
complies with all applicable federal, state and local laws, statutes, rules and regulations,
as are now in effect or may be hereafter amended,
1) Project Summary
The Contractor shall use CDBG funds to provide 248 childcare days for 56 low- and
moderate-income residents within the service are of the Federal Way Public Schools.
CDBG funds will support the CARES Childcare Subsidy Program, which provides
financial relief for low- and moderate-income families in need of affordable before- and
after-school childcare,
2) Project Budget
The Contractor shall apply the following funds to the project in accordance with the Line
Item Budget Summary below:
A. City of Federal Way Funds
City of Federal Way Community $50,239.00
Development Block Grant - Pass-
through Funds
Total City of Federal Way Funds: $50,239.00
B. Line Item Budget
Personnel Services (detail below) $
Office or Operating Supplies $
Consultant or Purchased Services $50,239.00
Construction Contracts $
CDBG Project Scope of Services No.4 - Page 1 of 5
:X::-'l
Exhibit A
Communications $
Travel and Training $
Other (specify below): $
Total City of Federal Way Funds: $50,239.00
3) Peñormance Measures
A. Number Served
The Contractor agrees to serve, at minimum, the following unduplicated number of
persons with CDBG funds:
1" 2nd 3'" 4th
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL- JULY- OCT.- Year 2002
MARCH JUNE SEPT. DEC.
No, of unduplicated -Mj! .-M2 442 -M2 W30
persons assisted
B. Units of Service
The Contractor agrees to provide, at minimum, the following units of service by quarter:
1" 2nd 3'" 4th
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL- JULY- OCT.- Year 2002
MARCH JUNE SEPT. DEC.
Child Care Days @a 500 @a 500 @a 500 @a 500 ~
2,000
C. Definition of Services
Child care days: The number of d3Y£ C3ro i£ provided out of the tot::11 number of day£
care is availablo during the roporting period, The total amount of all days of child care
calculated by addinq toqether the number of days of care provided to each child durinq
the reportinq period.
4) Records
A. Project Files
The Contractor shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2, Motions, resolutions, or minutes documenting Board or Council actions.
CDBG Project Scope of Services No.4 - Page 2 of 5 :]:--10
12,
Exhibit A
3.
4.
5.
6.
7.
8,
A copy of this Scope and the City's notice to proceed on this project.
Correspondence regarding budget revision requests.
Copies of all invoices and reports submitted to the City for this project.
Bills for payment.
Copies of approved invoices and warrants.
Records documenting that costs reimbursed with funding provided under
this Scope are allowable in accordance with OMB Circular A-87 for local
governments and A-122 for nonprofit organizations. Such records include,
but are not limited to:
. for personnel costs, payroll time sheets for actual salary and fringe
benefit costs. Time sheets must be signed by a supervisor and
annotated to document percent of time charged against this project if
less than full time.
. for staff travel, documentation of mileage charges for private auto use
must include: a) odometer reading at beginning and end of trip, b)
destination and starting location, and c) purpose of trip; and
. for copy machine use, postage, telephone use, and office supplies
when these costs are shared with other programs and no invoice is
available, log sheets or annotated invoices.
9.
Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts,
Documentation required by this Contract if any funds provided under this
Scope are used to acquire equipment.
The Contractor shall ensure that services provided with funding under this
Contract are made available to Federal Way residents, a participating
jurisdiction in the King County CDBG Consortium.
Documentation of client income. The Contractor shall screen all clients
served with funds provided under this Contract to ensure that at least 51%
of the total number of clients served do not have a gross annual family
income in excess of the limits specified in the below Income Guidelines for
Moderate Income Households (80% and below of median) with the
applicable number of Persons Per Household.
10.
11,
Adjusted gross income as defined by the Internal Revenue Service Form 1040
shall be used to determine persons' or households' income. The following
methods may be used to determine income eligibility:
a) IRS income tax return;
b) Client income certification on a form approved by the County; or
c) Documentation of qualification for participation in a "means-tested"
federal or state program at least as restrictive as CDBG with regard
to Income Guidelines.
CDBG Project Scope of Services No.4 - Page 3 of 5
~- I
Exhibit A
Official HUD Income Guidelines for 2002 (effective Febrnary 1,2002)
(Income amounts have been rounded to the nearest 50)
# Persons Pc< Household
King County Median Family Income: $77,900
Moderate Income (below 80% ofmedian)'
$38,100 $43,500 $48,950 $52,500 $58,750 $63,100 $67,450 $71,800
$27,250 $31,150 $35,050 $38,950 $42,050 $45.200 $48,300 $51,400
$16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
Low Income (Below 50'/0 ofmedian)
E_mely Low Income (below 30% of median)
, Moderate income capped at national average
Income guidelines may be adjusted periodically by HUD. The Contractor
agrees to use updated Income Guidelines which will be provided by HCD.
B. Record Retention Period
All records required by this Scope shall be retained by the Contractor for the period
of time specified in the Agreement in Section 17. The period of time shall commence
on January 1 of the year following the year in which the final invoice was paid.
5) Reports, Invoicing and Reporting Schedule
A. Reports
The Contractor shall collect and report client information to the City quarterly and
annually on a Program Accomplishment form to be provided by the City.
The Contractor shall submit with the final invoice an Annual Project Funding Report
form itemizing all funding used for the project and indicating the location where the
records required by this Scope shall be retained for the required period.
B. Invoicing and Reporting Schedule
The Contractor shall submit invoices and reports to the City in accordance with the
following schedule:
Invoices and Program Accomplishment forms shall be submitted no less frequently than
quarterly and are due on the following dates:
1st Quarter: April 15, 2002 or within 10 days of notice to proceed, whichever is later.
2nd Quarter: July 15, 2002
3rd Quarter: October 15, 2002
4th Quarter: Final Invoice due January 5, 2003; Program accomplishment forms and
supporting documentation due January 15, 2003.
CDBG Project Scope of Services No.4 - Page 4 of 5
'J-/2
Exhibit A
The Annual Project Funding Report form shall be submitted annually with the final
invoice,
The Contractor shall submit invoices to the City in the form of a CDBG Program
Voucher Reimbursement Request form. Such forms shall be signed by an authorized
representative of the Contractor. Invoices shall include copies of supporting
documents.
Invoices shall include a copy of the Program Accomplishment form for the billing period.
1st Qtr
2nd'Qtr
3rd Qtr
4th Qtr
Estimated Quarterly Payments: Expenses must be incurred prior to submission of quarterly reimbursement requests.
Proof of expenditures must be attached to the reimbursement request for invoice to be
$12,560 approved.
$12,560
$12,560
$12,559
CDBG Project Scope of Services No.4 - Page 5 of 5
7>/'?:>
MEETING DATE:
February 18,2003
ITEM#
rÇt/ )
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: 2003 Planning Commission and Long Range Planning Work Program
CATEGORY:
BUDGET IMPACT:
~ CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
0 ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: I) February 6, 2003, Memorandum to the City Council; 2) February 3, 2003, Memorandum to the Land
Use/Transportation Committee (LUTC)
SUMMÂRYlßÁCKGRÖUND: .tfiè 26o3PIaniiIngCûmnJisslon Work Progrãm was preserited to ¡fiè LUtC on Feiiruary 3,
2003. At that meeting, the LUTC made a motion to recommend approval of the work program as presented by staff with one
modification to include Wellhead Protection, The LUTe's recommendation on the 2003 Planning Commission and Long
Range Work Program is described in the February 6, 2003, Memorandum to the City Council.
CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the proposed work program during a
public meeting on February 3, 2003, and recommended approval of the work program to the City Council as described in the
February 6, 2003, Memorandum,
PROPOSED MOTION: "I move approval of the LUTC's recommendation to approve the 2003 Planning Commission and
Long Range Planning Work Program."
CITY MANAGER APPROVAL:
... -7\)W\
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLED/DEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1sT READING
ENACTMENT READING
ORDINANCE #
RESOLUTION #
1:\2003 Planning Commission Work Programl021803 AGENDA BILLDOC/02/11/2003 9:42 AM
CITY OF ~
Federal Way
MEMO RAND UM
February 6, 2003
TO:
Members ofthe City Council
VIA:
David Moseley, City Manager
FROM:
Kathy McClung, Community Development Services Director
Margaret H. Clark, AICP, Senior Planner
SUBJECT:
2003 Planning Commission and Long Range Planning Work Program
MEETING DATE: February 18,2003
I.
BACKGROUND
The 2003 Planning Commission and Long Range Planning Work Program were presented to the
LUTC on February 3,2003. At that meeting, the LUTC made a motion to recommend approval to
the City Council of the work program as described in the following section,
II. LAND UsEffRANSPORT A nON COMMITTEE RECOMMENDA nON ON THE 2003 PLANNING
COMMISSION AND LONG RANGE PLANNING WORK PROGRAM
The following Work Program is organized first by items that are required to be completed by State
Law, followed by items prioritized by the LUTC. An asterisk marks any carry-over items from the
following year's work program and an explanation has been included as to their status.
A.
Items Required by State Law
1.
*2002 Comprehensive Plan Amendments - The Planning Commission has completed
their public hearing and the LUTC has completed their review. The adoption ordinance is
going to the City Council for first reading on February 18,2003,
B.
2,
2003 Comprehensive Plan Update - In September 2002, the City received six new site-
specific requests for changes to comprehensive plan designation and zoning, Staffwili
also be making changes to Chapter 3, "Transportation," to comply with state law,
3,
.2002 Development Regulations Update - In September 200 I, the City received requests
for six code amendments related to changes to the Neighborhood Business (BN) and
Business Park (BP) Use Zone Charts. These requests were presented to the City Council
for the Selection Process in June 2002. No formal work has been done as yet.
4,
2003 Development Regulations Update - In September 2002, the City received one
request for a change to the Neighborhood Business (BN) Land Use Chart to include mini
storage (this request will be subject to the Selection Process),
5,
. Phase II Potential Annexation Study - This is the preparation of a Sub-Area Plan for the
Potential Annexation Area (PAA). An Inventory Report and Initial Fiscal Scan for the Sub-
Area Plan have been completed. In addition, draft Level of Service Analysis, draft Sub-
Area Plan Goals and Policies, and draft Comprehensive Planning and Zoning Designations
have been completed, The plan is anticipated to be completed in August 2003,
6.
Annual Report to the Office of Financial Management (OFM) - The City is required to
provide building penn it-related infonnation every April to OFM, which then produces
City population estimates as of April I of each year,
7,
Benchmark Report - This is an annual data request made of all cities by King County to
fulfill requirements of the Growth Management Act (GMA),
8,
Buildable Lands Report - The City is required to provide King County with single family,
multifamily, commercial, and industrial development infonnation, as well as number of
single family lots platted (created) on a yearly basis. This process is intended to compare
anticipated growth against actual development over time to detennine whether there is
enough suitable land to accommodate expected growth for the 20 year planning period,
and whether urban densities are being achieved.
9,
. Wellhead Protection - The City has received the August 2001 Lakehaven Utility District
study. We will be utilizing this study to develop regulations to implement wellhead
protection policies pursuant to the Countywide Planning Policies and the Federal Way
Comprehensive Plan.
Items Prioritized by the LUTC
I.
Amendments to City Code to Allow Processing of a Planned Action SEP A - In 1995, the
legislature authorized a new category of project action called "Planned Action SEP A." In
1997, the SEP A Rules (WAC 197-11-164) were amended to adopt definition and criteria
for Planned Actions. The City will be conducting a Planned Action SEPA for a portion of
the City Center Core in order to provide a streamlined environmental review process at
the project stage, In order to facilitate the Planned Action SEP A, Federal Way City Code
(FWCC) Chapter 18 will be amended to incorporate those changes made in state law.
2003 Planning Commission and
Long Range Work Program
Page 2
February 6, 2003
2,
Amendments to the Community Design Guidelines - These amendments are intended to
provide for flexibility in addressing façade lengths, modulation requirements, and roof pitch
requirements for large institutional uses within residential zones, as well as to amend the
Use Zone Charts to allow increased heights for religious institutions in residential zones.
The amendments are scheduled to be heard by the Planning Commission in March 2003,
3.
Amendment Relating to Large Retail Establishments in City Center Core and Frame--
The Planning Commission held public hearings on September 18 and October 23,2002.
Staff is in the process of setting up meetings with affected property owners. Ajoint
LUTC/PIanning Commission meeting will follow this.
4.
Amendments Relating to Development Regulations for Multiple Family Development in
the City Center Core and City Center Frame - These amendments are intended to
encourage the construction of multiple family development by making changes to the
developmenl regulations, such as allowing increased height and density and removing the
requirement for provision of public open space.
5.
Amendments Relating to Processing and Standards for Essential Public Facilities - These
amendments are intended to clarify whether essenlial public facilities are subject to the
standards of the underlying zoning district.
6,
Amendments to Setback Requirements in the City Center Core, City Center Frame and
Neighborhood Business Zones - These amendments would modify the requirement for
setbacks in the various zoning districts to reflect urban design standards and character of
the specific district.
7,
Amend the Use Zone Chart in the Business Park Zone to Meet Changing Market
Conditions - In the past few years, the City has observed a marked increase in requests to
change parcels ITom the Business Park comprehensive plan and zoning designation to
other comprehensive plan and zoning designations,
8.
Amend the City Code to Require Applicants to Hold Traffic-Related Neighborhood
Meetings, When Necessary - Under some circumstances, the City may require a
developer/applicant to meet with the neighborhood to discuss ways to mitigate traffic
impacts, such as installation of traffic calming devices. Presently, there is no code basis to
require this,
1:\2003 Planning Commission Work Program\02l803 Planning Commission Work Program to CCdocl02/11l2003 10:58 AM
2003 Planning Commission and
Long Range Work Program
Page 3
February 6, 2003
~
CITY OF ~
Federal Way
To:
FROM:
VIA:
DATE:
SUBJECT:
MEMORANDUM
Eric Faison, Chair
Land Use/Transportation Committee (LUTC)
Kathy McClung, Community Development Services Director ~
Margaret H. lark, AICP, Senior Planner ~
David
February 3, 2003
2003 Planning Commission and Long Range Planning Work Program
I.
BACKGROUND
This memorandum includes the following:'
I.
Status of the 2002 Planning Commission Work Program as approved by the City Council
on February 19,2002. The status of work perfonned to date on each item and whether
that work should be carried over into 2003 are shown.
2,
Status of other work to be completed by City staff but not required to be presented to the
Planning Commission, However, this work will be incorporated into code amendments or
comprehensive plan amendments, which are presented to the Planning Commission.
3,
On-going long range planning responsibility required by state law.
4.
Potential new work items for the 2003 Planning Commission Work Program.
5,
Staff recommendation on the work program.
6.
A request for recommendation from the LUTC on the 2003 Planning Commission Work
Program.
, In order to assist the LUTC in its recommendation, a column has been included tn explain whether state law or other authority
mandates the work item.
2003 Planning Commission and
Long Range Planning Work Program
Page I
II.
STATUS OF 2002 PLANNING COMMISSION WORK PROGRAM
Description Status Potential Carry- Required By State Law
Over Items
2002 Comprehensive The Planning Commission has Yes RCW 36.70A.130(1) requires
Plan Update completed their public hearing the comprehensive plan to be
and the LUTC has completed updated annually.
their review. The adoption
ordinance is going to the City
Council for first reading on
February 18,2003.
2002 Development The City received requests for Yes RCW 36.70A.130 requires
Regulations Update six code amendments, related that cities consider
to changes to the Neighborhood amendments to their
Business (BN) and Business development regulations
park (BP) Use Zone Charts in from interested parties on at
September 2001. They were least an annual basis.
presented to the City Council
for the Selection Process in
June 2002. No fonnal work has
been done as yet.
Amend FWCC Chapter No fonnal work has been done Yes RCW 36.70A.450 prohibits
22, Article XIII, as yet. cities from imposing special
Division 6 relating to requirements, which would
requirements for prevent family day-care
allowing Home facilities from locating in
Occupations and residential areas.
clarifying the definition
and intent of a home
occupation.
Amend FWCC Chapter Completed October 2002. No RCW 36.70B,200 authorizes
22 to add a process for a city to approve a
Development development agreement only
Agreements and make after a public hearing.
related changes to
consolidate public
hearings.
Amend FWCC Chapter No fonnal work has been done Yes No
22, Article XV to allow as yet.
more flexibility for
shared parking and other
parking-related
incentives in the City
Center Core and Frame.
Amend FWCC, Division No fonnal work has been done Yes No
8 relating to setbacks in as yet.
the City Center Core and
Frame.
2003 Planning Commission and
Long Range Planning Work Program
Page 2
Description Status Potential Carry- Required By State Law
Oyer Items
Amend FWCC, Division No formal work has been done Yes No
8 to prohibit vehicle as yet.
service stations (gas
stations) in the City
Center Frame.
Amend FWCC, Section No formal work has been done Yes No
22-1093 to address types as yet.
ofland surface
modifications permitted
outright.
Wellhead Protection - The City has received the Yes WAC 173-100-120 requires
Amendments to FWCC August 2001 Lakehaven Utility local governments to adopt or
Chapter 22, Article XIV District study. We will be amend regulations to
utilizing this study to develop implement Wellhead
regulations to implement Protection Programs required
wellhead protection policies by the Federal Safe Drinking
pursuant to the Countywide Water Act.
Planning Policies and the
Federal Way Comprehensive
Plan.
Amendments to the This was a two-part study Yes. The Market No
Code to allow processing consisting first of a Market Study has been
of a Planned Action Study to determine the completed and the
SEPA for a portion of feasibility of conducting a area to be covered
the City Center Core Planned Action SEP A for the by the Planned
City Center Core and Frame Action SEPA has
and then preparation of a been identified.
Planned Action SEPA, Staff is presently
working on a scope
of work for the
Planned Action
SEPA.
Group Homes Type 1 The consultants have prepared Yes No. However, the Council
a draft report, This amendment has requested that staff
was broken down into two review whether amendments
parts. That portion addressing are appropriate in light of the
separation requirements for discussion of the Twin Lakes
transitional housing in Multiple Oxford House.
family zones has been
completed in September 2002.
2003 Planning Commission and
Long Range Planning Work Program
Page 3
Description Status Potential Carry- Required By State Law
Over Items
Phase II Potential An Inventory Report and an Yes. Anticipated to RCW 36.70A.130(3) requires
Annexation Study Initial Fiscal Scan for the sub- be completed in jurisdictions to review their
area plan have been completed. August 2003. urban growth areas, including
[n addition draft Level of densities and make changes,
Service Ana[ysis, draft Sub- if needed, at [east every 10
area Plan Goa[s and Policies, years.
and draft Comprehensive
Planning and Zoning
Designations have been
completed.
Amendment relating to The Planning Commission held Yes No
large retail a public hearing. Staff is in the
establishments in City process of setting up meetings
Center Core and Frame with affected property owners.
A joint LUTC/Planning
Commission meeting will
follow this.
Amendments to the The City has hired a consultant, Yes No
Community Design who has prepared draft
Guidelines to provide for language. The amendments are
flexibility in addressing scheduled to be heard by the
façade lengths, Planning Commission in March
modulation requirements 2003.
and roof pitch
requirements for large
institutional uses within
residential zones as well
as to amend the Use
Zone Charts to allow
increased heights for
religious institutions in
residential zones,
Miscellaneous Code The following were approved Yes. These are on- No
Amendments by Council: going
housekeeping-
Amendments to FWCC, related items that
Chapter 22 relating to are identified
definitions of residential throughout the
densities; clarifications to calendar year by
provisions relating to the staff.
keeping of animals; correction
to the definition of affordable
housing; and expansion of the
criteria for quasi-judicial
project-related rezones.
2003 Planning Commission and
Long Range Planning Work Program
Page 4
III. OTHER CODE AMENDMENTS NOT REQUIRED TO BE PRESENTED TO THE PLANNING COMMISSION
Description Status Potential Carry-Over Required By State
Items Law
Endangered Species Act This study was No Required by U.S.
(ESA)/NPDES Gap Analysis, completed in June Department of Fish and
Stormwater Capital 2002 and the Wildlife 4(D) Rule, and
Improvement Project Review. results were potentially by RCW
and Stream Inventory incorporated into 36.70A, 172 for protection
Assessment Chapter 9- of critical areas,
Natural
Environment of
the 2002
Comprehensive
Plan Update.
Traffic Impact Fee and This study is Yes. The results of this study No
Concurrency Management anticipated to be will be incorporated into
System completed by Chapter 3 -Transportation of
April 2003. the 2003 Comprehensive
Plan Update.
IV.
OTHER LONG RANGE PLANNING RESPONSIBILITIES
Description Status Required By State Law
ANNUAL REpORTS
Office of Financial Management This is an annual report provided to the State RCW 43.62,030 requires
Yearly Population Estimate Office of Financial Management (OFM) OFM to annually determine
Report the population of all cities
and towns of the State of
Washington as of April 1".
King County Benchmark and This is an annual data request made of all RCW 36, 70A.130 required
Annual Growth Information cities by King County to fulfill requirements Countywide Planning
Report of the Growth Management Act (GMA) Policies (CWPP's) to be
adopted by King County by
July I, 1992, The CPP's set
up the Benchmark Program
to assess progress in
meeting the CPP's.
Track and Inventory Buildable Under the Buildable Lands Program, six RCW 36,70A.2l5 requires
Lands counties, including King County, must evaluation of data collected
annually collect data on land capacity and under the "Buildable Lands
development activity from their cities and Program".
unincorporated areas
2003 Planning Commission and
Long Range Planning Work Program
Page 5
v.
POTENTIAL NEW WORK ITEMS FOR THE 2003 PLANNING COMMISSION WORK PROGRAM
(Not in priority order)
Description Required By State Law
2003 Comprehensive Plan Update. The City has Yes. RCW 36.70A.130 requires that cities that cities
received six new site-specific requests for changes to update their comprehensive plan on an annual basis.
comprehensive plan designation and zoning, Staff will
also be making changes to Chapter 3, "Transportation,"
to comply with state law.
2002 Development Regulations Update, The City has Yes. RCW 36.70A,130 requires that cities consider
received one request for a change to the Neighborhood amendments to their development regulations from
Business (BN) Land Use Chart to include mini storage interested parties on at least an annual basis.
in BN zone.
Research potential changes to the allowable mix of uses No
in the Bp zone in order to meet changing market
conditions.
In order to increase residential capacity to meet the No
adopted targets, City staff proposes that a definition of
density for conventional subdivisions be added to
Federal Way City Code (FWCC) Chapter 20,
"Subdivisions." The definition of density will be based
on gross acreage, which should result in relatively more
lots than presently allowed, based on the requirement for
minimum lot sizes,
Amend the City Code to include a provision requiring No
an applicant to hold neighborhood traffic meetings to
discuss ways, such as traffic calming devices, of
mitigating impacts to the neighborhood.
Adopt regulations for existing manufactured home No
parks. The existing regulations were written for
singlewide homes and are not working very well for the
larger doublewide homes that are more common today,
Add policies to the comprehensive plan to RCW 90,71,070, Puget Sound Water Quality
encourage low impact development and amend Protection, requires local governments to implement
various codes to require development to elements of the Puget Sound Work Plan, as funding is
incorporate measures for low impact development available. The 2000 Work Plan calls for adoption of
in order to reduce the amount of stormwater runoff low impact development ordinances that allow and
to protect our surface and groundwater resources. encourage low impact development practices.
40 CFR 9, 122, 123, and 124, National Pollutant
Discharge Elimination System Phase II Storm Water
Regulations, requires municipalities to reduce
pollutants in stormwater runoff for new development
and redevelopment sites.
2003 Planning Commission and
Long Range Planning Work Program
Page 6
Description Required By State Law
Amend FWCC, Section 22-946.1, "Essential Public No
Facilities" to clarify that essential public facilities are
subject to the standards of the underlying zoning
district in which they are allowed.
Amend various sections which address temporary No
uses to make them consistent with each other, e.g.:
Section 22-552 allows for a 60-day temporary use
permit, with the possibility for an additional 60 days
for a total of 120 days, However, Chapter 13 states
that temporary business registrations are only issued
for a maximum of90 days without the possibility of
an extension, Also, consider amending FWCC
Chapter 22, Article X, "Temporary Uses" to set up
criteria to allow uses that are permitted in a particular
zoning district on a temporary basis.
Modify setbacks in the Neighborhood Business Zone No
Charts to promote a more pedestrian-friendly
envIronment
Consider amending the regulations for Multiple No
Family in the City Center Core (CC-C) and City
Center Frame (CC-F) to make development more
economically feasible. Examples include making
changes to how additional height is permitted. Also
evaluating the requirement for open space and
removing a cap on maximum density. Allow density
to be determined by development standards similar to
senior housing,
Consider modifying the definition of Short No
Subdivision to the division or redivision ofland into
nine or less lots. Right now, a short plat is a division
or redivision into four or less parcels.
Amend FWCC Section 20-60 to allow zero lot line No
development for binding site plans for commercial,
business, office, industrial, and residential
condominium development'
Consider amending FWCC Section 22-332 to delete No
the requirement for a nonconforming use to be
terminated if there are any struclural changes. Also,
consider raising the threshold from 15 to 50 percent to
conform to the provisions of FWCC Section 22-334,
Consider adding the category "Cessation of Use"
Section 22-332.
Consider amending FWCC Section 22-342 to allow No
nonconforming improvements that have been
constructed since City incorporation to rebuild to 100
percent of the assessed or appraised value of the
improvement prior to the damage.
2003 Planning Commission and
Long Range Planning Work Program
Page 7
Description Required By State Law
Consider amending FWCC Section 22-409 to add an No
additional criterion, related to "economic conditions"
for allowing time extensions,
Based on research from other jurisdictions, decrease No
parking ratios for offices and hotels, and differentiate
between administrative and customer service offices.
Consider amendments to FWCC Chapter 22 Article XV, No
"Off-Street Parking," to ensure consistency between
various sections.
VI, STAFF RECOMMENDA nON
Staff recommends the following priority for the 2003 Planning Commission Work Program. This is
divided between amendments required by State Law and those that are discretionary,
1. Work Products Required by State Law:
(a)
(b)
(c)
Complete 2002 Comprehensive Plan Amendments,
Prepare 2003 Comprehensive Plan Amendments,
Process requests by citizens received in 200 I and 2002 for amendments to
FWCC Chapter 22 (the requests will be subject to the Selection Process).
Complete Potential Annexation Area (P AA) Study,
Prepare Office of Financial Management Yearly Population Estimate,
Respond to the King County Benchmark and Annual Growth Information
Report,
Track and Inventory Buildable Lands.
(d)
(e)
(f)
(g)
2, Discretionary Work Products:
(a)
(b)
Amend the code to allow processing of a Planned Action SEP A,
Amendments to the Community Design Guidelines related to façade lengths,
modulation requirements, and roof pitch requirements.
Complete amendments relating to large retail establishments in the City Center
Core and Frame.
Amend the regulations for Multiple Family in the City Center Core and Frame.
Amend the regulations relating to processing and standards for essential public
facilities,
Amend the regulations to address setbacks in the City Center Core and Frame
and in Neighborhood Business zones,
Amend the Use Zone Chart in the Business Park Zone to meet changing
market conditions.
Amend the City Code to require applicants to hold traffic-related
neighborhood meetings, when warranted,
(c)
(d)
(e)
(f)
(g)
(h)
2003 Planning Commission and
Long Range Planning Work Program
Page 8
VII. REQUEST FOR RECOMMENDA nON
Based on past experience, planning staffs time is expected to be spent on the annual comprehensive
plan update process, working with the consultant on code amendments, and completing those long
range tasks required by state law (please refer to Annual Reports in Section IV of this memorandum).
Staff is requesting the LUTC to choose from the following options:
1. . Recommend adoption to the City Council of the 2003 Planning Commission Work
program as presented in Section VI (Staff Recommendation),
í~ecommend adoption to the City Council of the 2003 Planning Commission Work
\...:/~~ogram as modified this evening,
ApPROVAL OF COMMITTEE ACTION:
~¿
IC Fais n 1
&~!;f~/~
[:\2003 Planning Commission Work Program\020303 Planning Commission Work Program to LUTC.doclOI12912003 [2:29 PM
2003 Planning Commission and
Long Range Planning Work Program
Page 9
MEETING DATE:
February 18,2003
ITEM# "--.i. (:¿ 1
---..-..'--'...'-..---.-'-'----'--'....'-'--'.'--.--'..'-'. '.'.'--""".-.---.'..'.'--.....'---..-.'.--.--.-..........
...---....----.......-.-....
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Purchase of replacement file/record server for PS records management system
CATEGORY:
BUDGET IMPACT:
¡g¡ CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Committee action fOTI11 dated February 3, Purchase of replacement file/record server for PS records
management system
SUMMARYIBACKGROUND: The City purchased a file/records server in 1996 for the department of Public Safety as
part of its Records Management System. The original cost of the server was approximately $50,000, The current server
has been functioning well in the last 6 years but it is due to be replaced because of the criticality of data stored, increasing
demand for infoTI11ation and data processing as well as it having reached its capacity. This hardware upgrade has been
budgeted through replacement reserves fund and approved for 03..04 budget years.
Additionally the City has scheduled the upgrade of the Records Management System software (Spillman) to a Graphical
User Friendly (GUI) version, is developing an interface between RMS and AFIS (Automated Fingerprint InfoTI11ation
System), and wireless connectivity from PS vehicles to the RMS, all of which will require additional hardware
capabilities, The software enhancements have also been budgeted for 03-04, and the contracts will be brought to the
council committee for review and approval in March,
MIS division evaluated various systems suitable for this purpose and discussed the options with the software vendor
(Spillman) in November and December of2002, A RFQ was issued in January of this year for the purchase of the
hardware for which seven (7) vendors replied, The lowest quote is from Dasher Technologies for $35, 153.98 including
installation, taxes and shipment.
Staff recommends the approval of the quote from Dasher Technology and requests the committee to forward the
recommendation to full counciL
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the quote from Dasher Technology in the amount
of$35, 153,98 for the purchase ofPS Records Management System hardware and forward it full council.
.."""'..-."."".'-"-.............
"-".".-".-."""."- ... . .'-'--"-.-.'.".-"'--"".."'--""."".-.."-""-"-..-...'
PROPOSED MOTION: HI move approval of the Purchase of replacement file/record server for PS records management
system as presented."
......-.--......-..................--...........
....... .........
~
.'..""'...-"...'-"'.-.."'.'.'.""'.-..--."'-'-...'.."'"'-"""."'.'-..'..-------"""",....".,.,
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDIDEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05110/2001
CITY OF FEDERAL WAY
MEMORANDUM
S.B
Date:
To:
Via:
From:
Subject:
February 3, 2003
Parks, Recreatio H an Services and Public Safety Committee
David H. M ele anager
Mehdi Sadri, Info ation Systems Manager ,.Æt'dI
Purchase of replacement file/record server for PS records management system
BACKGROUND:
The City purchased a file/records server in 1996 for the department of Public Safety as part of its
Records Management System. The original cost of the server was approximately $50,000, The
current server has been functioning well in the last 6 years but it is due to be replaced because of
the criticality of data stored, increasing demand for information and data processing as well as it
having reached its capacity. This hardware upgrade has been budgeted through replacement
reserves fund and approved for 03-04 budget years,
Additionally the City has scheduled the upgrade of the Records Management System software
(Spillman) to a Graphical User Friendly (GUI) version, is developing an interface between RMS
and AFIS (Automated Fingerprint Information System), and wireless connectivity ITom PS
vehicles to the RMS, all of which will require additional hardware capabilities, The software
enhancements have also been budgeted for 03-04, and the contracts will be brought to the council
committee for review and approval in March,
MIS division evaluated various systems suitable for this purpose and discussed the options with
the software vendor (Spillman) in November and December of 2002. A RFQ was issued in
January of this year for the purchase of the hardware for which seven (7) vendors replied, The
lowest quote is ITom Dasher Technologies for $35,153,98 including installation, taxes and
shipment.
Staff recommends the approval of the quote from Dasher Technology and requests the committee
to forward the recommendation to full council.
Attachments:
RFQ cover letter, RFQ specification sheet, vendor comparison chart.
'" ,sf $:»<:', IS~.'í"b
~..-
,<, \'r'-
COMMITTEE ACTION: Approve the quote from Dasher Technology for the purchase of PS
Records Management System hardware and forward it full council.
»g~e~
APPROVAL BY COMMITTEE:
r?J~ \
::odmalgrpwiselchpo.city hali.cfw_iib: 1460.1
CITY HALL
33530 1 st Way South
PO Box 9718
(253) 66t-4000
Federal Way, WA 98063-9718
January 17, 2003
The City of Federal Way is requesting a Quote for Purchase of a standalone (non-
racked) HP rp2470 with (2) 750 MHZ processors, (4) Gigabit of Ram, (2) 36Gigabit
Hard Drive (Mirrored), DVD-CD-ROM Drive, and DDS4 DA T Tape Drive. The
operating system will be HP-UX IIi OE, plus components of the Enterprise operating
environment suite (see attached for details). These additional products will greatly
enhance single-system availability and manageability, The City is also requesting three
years of 24 by 7 system support coverage.
The System must be configured, delivered, and setup on site by certified Hewlett
Packard technician(s). Detailed information about system configuration is attached,
System providers are encouraged to complete the form attached. Any variations to the
requested quote can be supplemented. Also needed is information about your company
i.e. expertise, years of experiences, and references.
All quotes are due 2:00 pm January 31, 2003, Selection criteria are based on cost,
delivery time, and service. Quotes can be faxed, mailed, or by E-mail. Fax number is
253-661-4075. Address is City of Federal Way, P.O. Box 9718, Federal Way, WA,
98063-9718, E-mail address is Brian.Pearson(QJ,Cityoffederalwav.com. Any questions,
please call Brian Pearson at 253-661-4088.
Sincerely,
Brian Pearson
IS/Telecommunications Supervisor
ß-L
CITY OF FEDERAL WAY
Request for Quotes
January 17, 2003
Quote due Janurary 31, 2003 @ 2:00PM
FAX responses to Brian Pearson at (253)661-4075. Questions?
Call (253)661-4088.
1
2
2
2
2
2
2
1
1
1
1
1
1
1
2
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
2
1
1
1
2
1
1
1
1
1
20
A6890A
A6892A
A6892A
A6114A
A6114A
A6742A
A6742A
A5230A
A5230A
83920EA
B3920EA
B3920EA
B3920EA
B3920EA
B9088AC
B2491BA
B2491BA
B2491BA
C1099A
C1099A
C4314A
C5687B
C5687B ABA
B3921GA
B3921GA
C2904A
C2957A
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4725A
H4725A
H4725A
H4725A
Notes:
HP server 2470 Solution
750MHz PAB700 CPU for HP server rp2470
OD1 Facto inte rated
2048MB HD SyncDRAM Memory Module
Facto int rated
36GB 10K HotPlug Ulta160 disk rp24XO
Facto inte rated
PCI 1011 OOBase- T LAN Adptr
OD1 Facto int rated
HP-UX OE Media for Servers
UM9 HP-UX version 11i
AAF CD-ROM (disk only)
OD1 Factory inte9rated
ABA U.S. - En lish localization
HP-UX OE LTU 1 CPU with s stem
MirrorDiskfUX License for Servers
2AH Single processor license
OD1 Facto inte rated
Tenninal Console for HP3000/9000 systems
ABA U.S. En lish localization
SMART Deskto DVD-ROM module
HP DAT 4Oe External Tape Drive
U.S. - En lish localization
HP-UX 11i English documentation manual
OBC Manuals on CD-ROM
SCSI Tenninator SE HDTS50
SCSI Cåble 2m HDTS50 MIM
24x7 System Support, Phone/Updates, 3yr
OBC Manuals on CD-ROM
447 Support-SMARTlntgrModule
455 Support- HP SureStrDLT1, DAT40/24 Drvs
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.-,-
MEETING DATE:
February 18,2003
ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Grant Funding for Transportation Improvement Projects
CATEGORY:
BUDGET IMPACT:
[8: CONSENT
[8: RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memo & Resolution to Land Useffransportation Committee dated February 3, 2003.
SUMMARYIBACKGROUND:
This memorandum provides the Council with the current status of the grant applications submitted in 2002, grant funding
received to date, and required match.
Pacific Highway S HOV Phase II (S 324 Street to S 340th Street)
(Construction Phase)
Grant Fund
Required Match
. 2002 Regional TEA21 (Federal)
$ 2,850,000
$ 384,750
Pacific Highway S HOV Phase III (S 284th Street to Dash Point Rd)
(Design and Right of Way Phase)
Grant Fund
Required Match
. 2002 Countywide TEA21 (Federal)
. 2002 Transportation Partnership Program (Slate)
. 2002 Regional TEA 21 (Federal)
$ 409,000 $ 55,215
$ 1,800,000 $ 1,191,000
No Grant Funding was Awarded
S 348'h Street (9'h Avenue S to SR99)
(Design, Right of Way and Construction)
2002 Arterial Improvement Program (State)
No Grant funding was awarded
21" Avenue SW Extension (S 356th to S 357th Street)
(Design, Right of Way and Construction)
2002 Arterial Improvement Program (State)
2002Hazard Elimination System (Federal)
No Grant funding was awarded
No Grant funding was awarded
2002 Grant Funding Totals
Grant Fund
Required Match
Federal Grants - TEA21
State Grants - TPP
Total
$3,259,000
$1,800,000
$5,059,000
$ 439,965
$1,191,000
$1,630,965
CITY COUNCIL COMMITTEE RECOMMENDATION:
Useffransportation Committee recommended:
Acceptance of the Federal grant in the amount of $2,850,000 for the Pacific Highway S HOV Phase II
Project
Acceptance of the Transportation Improvement Board grant in the amount of$I,8000,000 for the Pacific
Highway S HaV Phase III Project.
Approve the attached resolution to accept the Federal grant in the amount of $409,000 for the Pacific
Highway S HOV Phase III Project
At its February 3, 2003 meeting, the Land
PROPOSED MOTION: "I move acceptance of the Federal grant in the amount of $2,850,000 for the Pacific Highway S
HOV Phase II Project, the Transportation Improvement Board grant in the amount of $1,8000,000 for the Pacific
Highway S HOV Phase III Project and the attached resolution to accept the Federal grant in the amount of $409,000 for
the Pacific Highway S HOV Phase III Project"
CITY MANAGER APPROVAL:
~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 T ABLEDillEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
Impmvement Pmj.doc
K,ICOUNCILIAODBlLLS\200310mnt Funding for Tmnspol1atJon
DATE:
February 3, 2003
TO:
Eric Faison, Chair
Land Use and Transportation Committee
~
FROM:
Marwan Sa1~Systems Manager
David H. ¿.1ose~ City Manager
Grant Funding for Transportation Improvemeut Projects
VIA:
SUBJECT:
BACKGROUND:
This memorandum provides the Council with the current status of the grant applications submitted in 2002,
grant funding received to date, and required match.
Pacific Highway S HOY Phase II (S 324 Street to S 340th Street)
(Construction Phase)
Grant Fund
Relluired Mlltch
. 2002 Regional TEA21 (Federal)
$ 2,850,000
$ 384,750
Pacific Highway S HOY Phase III (S 284th Street to Dash Point Rd)
(Design and Right of Way Phase)
Grant Fund
Relluired Match
. 2002 Couniywide TEA21 (Federal)
. 2002 Transportation Partnership Program (State)
. 2002 Regional TEA 21 (Federal)
$ 409,000 $ 55,215
$ 1,800,000 $ 1,191,000
No Grant Funding was Awarded
S 3481h Street (91h Avenue S to SR99)
(Design, Right of Way and Construction)
2002 Arterial Improvement Program (State)
No Grant funding was awarded
Res. #_, Page 1
21" Avenue SW Extension (S 356tb to S 357tb Street)
(Design, Righi of Way and Conslruction)
2002 Arlerial Improvement Program (State)
2002Hazard Elimination System (Federal)
No Grant funding was awarded
No Grant funding was awarded
2002 Grant Funding Totals
Grant Fund
Required Match
Federal Grants - TEAll
State Grants - TPP
Total
$3,259,000
$1 800,000
$5,059,000
$ 439,965
$L191.000
$1,630,965
RECOMMENDATION:
Staff reconunends placing the following items on the February 18, 2003 Council consent agenda:
Acceptance ofthe Federal grant in the amount of$2,850,000 for the Pacific Highway S HOV
Phase II Project
Acceptance of the Transportation Improvement Board grant in the amount of$1 ,8000,000 for
the Pacific Highway S HOV Phase III Project.
Approve the attached resolution to accept the Federal grant in the amountof$409,OOO for the
Pacific Highway S HOV Phase TIt Project.
MS;tm
cc;
Project File
Day File
K;llutc\200JIGrant Funding for Transportation Improvement Projects
Res. #_, Page 1
RESOLUTION NO,
DRAFT
#((/63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AUTHORlZING EXECUTION
OF LOCAL AGENCY AGREEMENT WITH WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION REGARDING
IMPROVEMENT OF PACIFIC HIGHWAY SOUTH HOV LANES
PHASE III (S 284 TH STREET TO DASH POINT ROAD) IN THE
CITY OF FEDERAL WAY, WASHINGTON
WHEREAS, the City of Federal Way applied for a grant from the Washington State
Department of Transportation for the purpose of design, right-of-way acquisition and construction of
Pacific Highway South HOV Lanes Phase III between S 284th Street and Dash Point Road; and
WHEREAS, the Washington State Department of Transportation agrees to grant the
City of Federal Way estimated federal funds in the amount of Four Hundred Nine Thousand Dollars
($409,000) provided that the City Council authorizes the City Manager to enter into the Local
Agency Agreement; and
WHEREAS, by accepting said grant the City of Federal Way agrees to execute the
Local Agency Agreement; and
WHEREAS, by accepting said grant the City of Federal Way agrees to match the
federal funds in an estimated amount of Fifty Five Thousand Two Hundred Fifteen Dollars
($55,215), which has been budgeted in the City's 2003 - 2004 budget;
Res.#_,Pagel
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. Execution of Acceptance of the Local Agency Agreement.
The City Manager or his designee is hereby authorized to execute the Local Agency
Agreement regarding improvement of Pacific Highway South HOV Lanes Phase ill (S 284th Street to
Dash Point Road) in the City of Federal Way,
Section 2, Receipt of Federal Funds,
The City Manager or his designee is hereby authorized to receive the state and federal
funds estimated to be Four Hundred Nine Thousand and 00/100 Dollars ($409,000.00),
Section 3. Matching Funds Authorized. Pursuant to the terms ofthe Local Agency
Agreement, the city commits approximately Fifty Five Thousand Two Hundred Fifteen and 00/1 00
Dollars ($55,215,00), in matching funds,
Section 4. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution,
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
Section 6, Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City CounciL
Res. #_, Page 2
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this - day of February, 2003,
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
klsu"ts\p"ojectslsc99 pha" ;;;\æsolution - padfi, hwy s hov lanes pha" ;ii.doc
Res, #_, Page 3
MEETING DATE:
February 18,2003
ITEM# 1 (j )
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Authorization to Enter into Contracts with King County and Recipients of Federal Way 2003 CDBG
Public Service Funds
CATEGORY:
BUDGET IMPACT:
~
0
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: 1) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated
February 3, 2003. This includes the Contract with King County Housing and Community Development for public service
programs previously approved by the City Council for 2003 and the 2002 capital project with the city of Federal Way
Public Works Department for the 23'd Avenue S at 3 ] 4th Street street improvements; the 2003 CDBG Proposed Use of
Funds; and the 2003 CDBG Contingency Plan,
SUMMARYIBACKGROUND: The City Council approved the 2003 Community Development Block Grant (CDBG)
Proposed Use of Funds and Contingency Plan on September 17,2002, As a member of the King County CDBG
Consortium, the City of Federal Way monitors the public service programs and capital projects built by City departments
awarded CDBG funds and requests reimbursements from the King County Consortium on a quarterly basis. The contract
with King County sets out the responsibilities of the City of Federal Way in monitoring these contracts. The City of
Federal Way then contracts with the agencies awarded funds using this contract as a boilerplate for the subcontracts.
This year's contract includes a 2002 CDBG capital project that was delayed by the required environmental review by King
County and receipt of a contract to move forward on the project. Following approval by the City Council and signature
by the City Manager, Staff will request that the County expedite their signature process for the 2003 Contract. Once an
executed Contract has been received, Public Works and CDBG Staff will meet with the residents of 23'd Avenue S at S
3 14th Street area to review the final construction schedule and respond to any questions regarding the delay of this project.
CITY COUNCIL COMMITTEE RECOMMENDATION: Staff requested authorization for the City Manager to
execute the King County Housing and Community Development Contract - 2003 and enter into subcontracts that include
the required sections of the ICA and the applicable Project Scope of Services with Community Health Centers of King
County for the Dental Access Program; City of Federal Way Domestic Violence Unit for the Domestic Violence Victim
Advocate; Emergency Feeding Program for the Federal Way Emergency Feeding Program; Federal Way Senior Center
for the Adult Day Care Program; Institute for Family Development for the PACT - Parents and Children Together
Program; Federal Way Norman Center, YMCA for the CARES Child Care Subsidy Program; and City of Federal Way
Public Works Department for the 23'd Avenue S at 314'h St street improvements. At their February 10,2003 meeting, the
Committee reviewed and approved the Staff's recommendaton and forwarded the item to the February 18,2003 City
Council meeting,
PROPOSED MOTION: I move to authorize the City Manager to execute the King County Housing and Community
Development Contract - 2003 and enter into required subcontracts for Federal Way's 2003 COBO Public Service
Programs,
CITY MANAGER APPROVAL:
...._---_.~_._-_._------- ...
..----...-.--...-.....
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
5.J
Date:
From:
Via:
Subject:
February 3, 2003 .hQS2.
Kelli O'Donnell, G Coordinato~
David Mo e anager
Authorization Enter into Contracts with King County and Recipients of
Federal Way 2003 CDBG Public Service Funds
Background
The City of Federal Way participates in the King County Consortium for distribution of
Community Development Block Grant (CDBG) funds. The attached interlocal cooperation
agreement (ICA) is for the 2003 CDBG funds (Attachement 1) to the City of Federal Way for the
public service projects previously approved by the City Council. Additionally, the contract
includes the 2002 capital project with the city of Federal Way Public Works Department for the
23"' Avenue S at 314th Street street improvements,
On September 17,2002, the City Council approved the 2003 Community Development Block
Grant (CDBG) Proposed Use of Funds and Contingency Plan (Attachment 2 & 3), As of today,
Congress has not finalized the 2003 CDBG entitlement. King County has decided to proceed
with the 2003 public service programs due to the Continuing Resolûtions passed by Congress
that have authorized the funding of the CDBG program at the 2002 levels, Language has been
included in the contract should the 2003 CDBG funding be reduced. In the event, that
increased funding is available, amendments to the King County and affected Subrecipient
agreements will be brought back for Council'action,
The ICA with the County sets out the responsibilities of the City of Federal Way in monitoring
these contracts, The City of Federal Way then contracts with the agencies awarded funds
using the ICA as a boilerplate for the subcontracts, The City of Federal Way monitors the
public service programs awarded CDBG funds and requests reimbursement from the King
County Consortium on a quarterly basis. The City Attorney's Office is reviewing the ICA and
any recommended amendments will be reported to the Council Committee.
Staff is expediting this contract due to the inclusion of the 2002 Public Works capital project. All
capital projects awarded CDBG funds are subject to the National Environmental Policy Act
(NEPA) in addition to any local requirements under the State Environmental Policy Act (SEPA),
Federal Way CDBG projects are subject to NEPA environmental review by King County.
Federal Way was informed on October 10, 2002, that the project had received environmental
approval from King County. Federal Way staff met with King County staff on October 21, 2002
and reviewed the information required for the Project Scope of Services and reviewed the
timeline for the project. Information was returned to King County with the intent that the
contract would be received in time to take forward to the Council in December. The contract
was received from King County on January 13, 2003.
Staff Recommendation
Staff requests authorization for the City Manager to execute the King County Housing and
Community Development Contract - 2003. Authorization is also requested for the City
Manager to enter into subcontracts that include the required sections of the ICA and the
"]"-1
applicable Project Scope of Services with Community Health Centers of King County for the
Dental Access Program; City of Federal Way Domestic Violence Unit for the Domestic Violence
Victim Advocate; Federal Way Norman Center, YMCA for the CARES Child Care Subsidy
Program; Emergency Feeding Program for the Federal Way Emergency Feeding Program;
Federal Way Senior Center for Adult Day Care Program; and the Institute for Family
Development for the PACT - Parents and Children Together program.
Committee Recommendation
Motion to authorize the City Manager to execute the interlocal cooperation agreement for the
King County Housing and Community Development Contract - 2003 and enter into required
subcontracts for Federal Way's 2003 CDBG Public Service Programs and forward to the City
Council for consideration at its February 18, 2003 meeting.
"3-2
Attachment 1
Contractor's Federal Taxpayer ID No.: 911462550
DepartmentJDivision:
Department of Communi tv and Human Services/Communitv Service Division
Agency:
City of Federal Wav
King County Housing and Community Development Contract - 2003
THIS CONTRACT is entered into by KING COUNTY, a political subdiÝision of the State of
WashingtÖ", and, City of Federal Wiy, ({municipal corporation), (hereinafter refeITed to as the
"Agency"), whose address is 33530 First Way South, Federal Way, W A - 98063.
RECITALS
A, The County is an Urban County recipient of Conununity Development Block Grant Program
(CDBG) funds under the Housing and Community Development Act of 1974 Public Law 93-
383 as amended (the "HCD Act"), HOME Investment Partnership Program (HOME) funds,
under the Nationa] Affordable Housing Act of 1990 Public Law 101-625 as amended (the
"NAHA"), and Emergency Shelter Grants Program (ESG) funds, under the NAHA.The
County allocates Housing Opportunity Funds (HOF) to low-income housing development
capital projects and CuITent Expense ("CX") funds to housing and community development
projects in accordance with adopted County ordinances. The County will use CDBG,
HOME, HOF and/or CX funds for the purpose of carrying out eligible community
development and housing activities under the HCD Act, the NAHA, regulations promulgated
by the U-S. Department of Housing and Urban Development (RUD) at 24 CFR Part 570,24
CFR Part 92, 24 CFR Part 576 and adopted County ordinances;
B. An Urban County CDBG Consortium has been established by CDBG interiocal cooperation
agreements ("ICAs") between the County and certain municipal corporations (Consortium
Cities) within the County, The tenns of the CDBG ICAs specify allocation ofCDBG funds
by the County to those participating jurisdictions for use in accordance with the County
Consolidated Housing and Conununity Development Plan ("HCD Plan"). The HCD Plan has
been adopted by the King County Council, accepted by participating jurisdictions and
approved by HUD;
C. A HOME Consortium has been established by HOME ICAs between the County and certain
HOME Consortium Cities, the tenns of which specify allocation of HOME funds and ESG
funds by the County for use in accordance with the HCD Plan which has been adopted by the
King County Council, accepted by participating jurisdictions and approved by HUD;
D. The County desires to award certain funds to the Agency for use as described in this Contract
and as authorized by County ordinance, for the purpose of implementing eligible activities as
applicable under the HCD Act, the NAHA, HUD regulations, State laws and/or adopted
County ordinances;
E. It is appropriate and mutually desirable that the Agency be designated by the County to
undertake the aforementioned eligible activities, so long as the requirements of the HCD Act,
3-3
NAHA, HUD Regulations, State law and County ordinances are adhered to, as provided for
herein;
F. The purpose of this Contract is to provide for cooperation between the County and the
Agency, as the parties in this Contract, in implementing such eligible activities under the laws
and regulations that pertain to the funds awarded in this Contract;
G. The parties are authorized and empowered to enter into this Contract by County ordinance,
the HCD Act, the NAHA, RCW Chapter 39.34, RCW Chapter 35.21,730 et seq., by the
Constitution and the enabling laws of the State of Washington;
NOW, THEREFORE, for and in consideration of payt1!ents, covenants, and agreements
hereinaftèrmentionêd;to be made and perfonned by the parties hereto, the parties mutually
covenant and agreeâJ; -provided for in this Coittract. -'
AGENCY
KING COUNTY
Signature
for
Ron Sims
King County Executive
David H. Moseley
Name (Typed)
Date
City Manager
Title
Approved as to fonn per
Prosecuting Attorney Memo
Date
INDEX TO CONTRACT
PART I - GENERAL CONDITIONS
I. Scope of Contract
2. Duration of Contract
3. Compensation and Method of Payment
4. Budget
5, Internal Control and Accounting System
6. Maintenance of Records
7. Audits
8. Evaluations and Inspections
9. Corrective Action
10. Assignment
I I. Termination
12. Future Support
13. Hold Harmless and Indemnification
14. Insurance Requirements
3-4
15. Nondiscrimination and Equal Employment Opportunity
16. Nondiscrimination in Subcontracting Practices
17. Section 504 and Americans with Disabilities Act
18. Subcontracts and Purchases
19. Conflict ofInterest
20. Political Activity Prohibited
21. Equipment Purchase, Maintenance, and Ownership
22. Notices
23. Proprietary Rights
24. Contra<;tAmendments
25.' Kiug County Recycled ProdUottProcurement Policy
26. Entire Contract/Waiver'øfDefault
27> 'I\ÏlscèlIaneous Provisíóns;
,~8" Supplanting
f2?:. Costs & Attorneys Fees 0 0 . \ ',,' ,
30.D'rug-Free Workplace CertifiCation and Other Fedenll R.equ'irements
31.; .eònstitutional Prohibition . .>,.>
,°
P-MtT,2.:- ADDlTIONALREQUIl~'J<:MENTS FOR CAPITAL PRÇ>JECTS
1. Term of Compliance ' '. . . o'
2. Promissory Note, Deed of Trust and Covenant
3~ Property Management
4. Taxes and Licenses
5. Procedure in the Event ofCasualty/Condemnation
6. Anti-Displacement and Relocation Assistance
7. Affirmative Marketing
8. Environmental Review
9. Accessibility
10. Labor Standards
11. Employment Opportunities on Assisted Construction Projects
12. No Benefit to Owners and Developers of Assisted Housing
PART 3 - PROJECT SCOPE(S)
Project
Scope of Project Title Contract Amount Fund
Services No. Source
No.
I Federal Way COBG Program Administration 0321900 $64,771.00 COBG
2 Federal Way, Domestic Violence Victims Advocate 0321910 $20,000,00 COBG
3 Federal Way CHCKC Dental Support 0321920 $11,000.00 COBG
4 Federal Way YMCA CARES Child Care Subsidv 0321930 $39,140.00 COBG
5 Federal Way Emergency Feediní! Program 0314610 $5,000,00 COBG
6 Federal Way Senior Center, Adult Oav Care 0314620 $12,500,00 COBG
7 Federal Way PACT 0314630 $8,000.00 COBG
8 Federal Way 23"' Avenue S, Street Imnrovement 0313350 $195,000.00 COBG
'3-5
PART 1. GENERAL CONDITIONS
1.
SCOPE OF CONTRACT
A. Scope. The Contract between the parties shall consist of the signature page, each Part, each Scope of
Services (Scope) incorporated into the Contract, all matters and laws incorporated by reference
herein, and any written amendments made in accordance with the provisions contained herein. This
Contract supersedes any and all fonner agreements regarding projects described in the attached
project Scope(s). In the event that there is a difference between any of the language contained in the
Contract and any of the language contained in any project Spope to this Contract, the language in the
Contract shall have cotìtrorover the language contaiõe.J.iI1.the project Scope, unless the partìes
-ilffirmativelyagree inw.ntinglO the contrary. . - . .
. ..
This Contract shall govem!toth (1) Service Project'> (hup1:l~service, plaruùng, progråiD. .-"
administration and micro'enterprise) and (2) CapitaIProjèc1,5 (acquisition, improvement: iujd ,
rehabilitation of real property and construction orrecolJ.strriçtion of public infrastructure). TIre. two
'~"{fiYPes of activities may be'intluded in one Contract as separåìß-project Scope(s) of Serviœs (tliê\,
-C"Scope or Scopes"), . - . - -~,-.
Á. . Mandatory Certifications. The Agency certifies that it shall compÍy with the provisions ofI~art L
Sections 15, 17, 19 and 20 of this Contract. If the Agencý is a municipal corporation or agency of the
State of Washington, King County Code chapters 12.16,12:17; 12.18 and 12,20 do not apply.
B. Contact Person, King County and the Agency shall each designate a contact person for each project
Scope incorporated in this Contract. All coITespondence, reports, and invoices shall be directed to the
designated contact person. This provision does not, however, supplant or override Section 22,
Notices.
C. Federal Funds. The tenn "federal funds" as used herein means CDBG funds, HOME funds andlor
ESG funds, The specific types of funds provided under this Contract is specified in Part 3, attached
project Scope(s),
2.
DURA nON OF CONTRACT
The terms of this Contract shall b~ in effect from the Start Date (as defined in the Scope(s», or the date of
execution of this Contract, whichever is earlier, until the TeillÚnation Date specified in each Scope, unless
extended to a later date or teillÚnated earlier, pursuant to the ~erms and conditions of the Contract.
3.
COMPENSA nON AND METIIOD OF PAYMENT
The County shall reimburse the agency only for the approved activities specified in each Scope and the
reimbursement amount shall not exceed the amount specified in each Scope. Reimbursements will be
payable in the following manner:
A. Start Date and End Date. Start Dates and End Dates for individual projects shall be specified in each
Scope. Costs incurred before the Start Date will not be reimbursed, except as provided in each Scope.
Costs incurred after the End Date will not be reimbursed.
B. Submission of Invoices. Supporting Documentation and RepOrts. The Agency shall submit an
invoice, supporting documentation for costs claimed in the invoice and all reports as specified in each
Scope or the County may not process the invoice. Supporting documentation for costs claimed in the
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invoice includes, but is not limited to: purchase orders and bills, The County will pay the agency
within fony-five (45) days following the County's approval of a complete and correct invoice,
supponing documentation and repons,
C. Final Invoice for Service Proiects. The Agency shall submit its final invoice for each Scope providing
funding for Service Projects within seven (7) business days after the End Date. The Agency shall
submit all outstanding repons for each Scope providing funding for Service Projects within thirty (30)
business days after the End Date.
If the Agency's final invoices, supporting documentation, and repons are not submitted by the last
date specified in this subsection, the County will be relieved of all liability for payment to the Agency
. .ofthe <llllounts set f~rth in said invoice or any subsequent invoiçe. P!<Jvided, however, that the - ,.
CouDt)!,may elect to pay any invoice: th~ãris not submitted in a timelymiìnner.
D.Fi~ál.§voice for Capital Projects.' Uillt;sßprovided otherwise in thè~p.tÖjs;çt Scope(s) the Agency
snallsublIÚt its final invoice, suppòrtiitg'aócumentation, and all outsÎánding reports for each Scope
providing funding for Capital Projectsbeföre the End Date specified in.the~Scope(s).
If, the Agency's final invoice, supponing documentation, and reports are not sllbmitted by the day
specified in this subsection, the County will be relieved Qf all liability for ¡Jayment to the Agency of
the amounts set forth in said invoice or any subsequent invoice; provided, however, that the County
mãy elect to pay any invoice that is riot submitted in a timely manner.
E, Return of Unspent Countv Funds. On or before the End Date specified in each Scope, for individual
projects covered by this Contract, the Agency shall transfer to the County any unexpended and
unencumbered funds provided under this contract that are on hand and any accouuts receivable
attributable to the use of County funds.
Projects using federal funds shall also comply with subsections F, G, H and I:
F. Municipal Corporations or State Public Agencies. If the Agency is a municipal corporation or an
agency of the State of Washington, costs for which the Agency requests reimbursement shall comply
with the policies, guidelines, and requirements ofOMB Circular No, A-87, "Cost Principles For
State, Local and Indian Tribal Governments" and the sections of 24 CFR Part 85 "Administrative
Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized
Indian Tribal Governments" identified at 24 CFR Pan 570.502(a) Applicability of Unifonn
Administrative Requirements, unless otherwise provided in the Scope(s).
G, Nonprofit Corporations. If the Agency is a nonprofit corporation, costs for which the Agency
requests reimbursement shall comply with, unless otherwise provided in the Scope(s), the policies,
guidelines and requirements of OMB Circular No. A-122, "Cost Principles for Non-Profit
Organizations," and the sections of 24 CFR Part 84, Unifonn Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations, identified at 24 CFR 570.502 (b), Applicability of Unifonn Administrative
Requirements.
H. Excess Federal Funds. CDBG and/or HOME funds on hand shall not exceed $5,000 if retained
beyond three (3) days unless written approval is received from the County. Any reimbursement in
excess of the amount required shall be promptly retumed to the County.
3-,
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Pro2Tam Income, The Agency shall report all CDBG and HOME Program Income, as defined in 24
CPR Part 570.504(c), 24 CPR Part 92.503 and in the HCD Plan, generated under this Contract for the
puI1Joses specified herein or generated through the project(s) funded under this Contract. Program
Income is to be returned to the County unless the County specifies that it may be retained by the
Agency. If the County authorizes the Agency to retain the Program Income to continue or benefit a
project(s), the Agency will comply with all provisions of this Contract in expending the funds. This
duty to repay the County shall not be diminished or extinguished by the prior tennination of the
Contract pursuant to the Duration of Contract or the Tennination Section.
4.
BUDGET
0..'
The Agency sfüiIi'appl~th!:Junds received from the Cou!ltyunder this Contract inåœordance with the
line item budget setf9rtlÍ in each project Scope.- TlÍi~i;;'cy shall request in writing piiQt approval from
the County to revise tlieJine item budgetwhen the,çû!Ì1ûfative amounlof transfers Jròm il-line item in any
project Scope is ex@fedto exceed ten percent (lO%Lof{hat line item. Suppórt¡ni~u'tr¡ents are
necessary to fully exþ1.tiñ the nature and puI1Joseòf tlié révisíon, and must accomþãßY-èaèlirequest for
prior approval. All budget revision requests in excess. of :lQ% of a line item amount shallJ>.!'tfÞ.viewed and
approved or denied by ihe:County in writing. .': -'¿~.;¿;-
5.
INTERNAL CÒNTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which complies
with applicable, generally accepted accounting principles, and governmental accounting and financial
reporting standards,
6.
MAINTENANCE OF RECORDS
A- Scope of Records, The Agency shall maintain accounts and records, including personnel, propeny,
financial, and progranunatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Contract funds and compliance w~th this Contract,
including all records specified in each Scope.
B. Time for Retention of Records. Records required to be maintained in subsection A above shall be
maintained for a period of six (6) years after the Tennination Date, unless a different period for
records retention is specified in the project Scope,
C. Location of RecordslNotice to Countv. The Agency shall inform the County in writing of the
location, if different from the Agency address listed on page one of this Contract, of the aforesaid
books, records, documents, and other evidence and shall notify the County in writing of any changes
in location within ten (lO) working days of any such relocation.
Projects using CederaI Cunds shall also comply with subsections D, E, F, G, H, I, J, K and L:
D. Federal Exceptions to Retention ReQuirements- Exceptions to the six (6) year retention period are as
Collows: (I) Records that are the subject of audit findings. litigation, or claims shall be retained until
such findings, litigation or claims have been resolved; and (2) The retention period for real property
and equipment records starts from the date of the disposition, replacement or transfer at the direction
, of the County.
D. Financial Management Records- Financial records shall identify adequately the source and
application of funds for activities within this Contract, in accordance with the provisions of 24 CFR
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Part 85.20 and the U. S. Office of Management and Budget ("OMB") Circular A-87 for governmental
agencies, 24 CFR Part 84.21 and OMB Circular A-122 for Nonprofit Corporations. These records
shall contain information pertaining to grant awards and authorizations, obligations;llnobIigated
balances, assets, liabilities, outlays, and income.
E. Tenant Notification and Relocation Records. If the Agency is acquiring property with existing
tenants, Agency recordkeeping for tenant notification and relocation must comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (The "Uniform Relocation
Act"), and regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload
- and a separate reloc~tio_n record for each person, busin\=,ss, organization, and farm operation displaced
Qr in the relocation worjdoaílnmst be kept ' .
. . " , .
i"?<Á"quisition Records. If the Â:ge'ncy is using funds under thisÜ;'htract for property acqÜísitiol!cthé
Agency must maintain a separate' acquisition file for each acqûisÍiÎon process documentipg - .
. ,cçgmpliance with Uniform ReIQC!Ition Act regulations at 49 G~rart 24, including a notice Qf :-
""~¡'ò1untaIysale. ,,-," .. . ',-'., ,
.W'
'cif BlOñêfièiarv Records. The ÄgencYágrees to maintain racial, etlÍriii,:disa\>ility status, sing1é head'óf
l1ousehoId, household income, and gender data showing the extent to which these categories of
persons have participated in,or'bènefited from, the activities 6uriiidout under this Contract if
required in a project Scope.
H. Labor Standards. If the Agency is using funds under this Contract for construction work, the Agency
shall maintain records documenting compliance by all construction contractors with the labor
standards as required under 24 CFR Part 570.603 for CDBG funds and 24 CFR Part 92.354 for
HOME funds. .
J.
Other Construction Records. The Agency and all of its contractors shall maintain records and
information necessary to document the level of utilization of state certified small, nùnority and
women owned businesses, and other businesses as subcontractors and suppliers under this Contract
The Agency shall also maintain all written quotes, bids, estimates or proposals submitted by the
Contractor and any and all businesses seeking to participate in this Contract The Agency shall make
such documents available to the County for inspection and copying upon request.
K. .EmDlovment Records, If the Agency is a municipal corporation or an agency of the State of
Washington, it agrees to maintain the following data for each of the Agency's operating units funded
in whole or in part with CDBG funds provided under this Contract:
I. employment data with such data maintained in the categories prescribed on the Equal
Employment Opportunity Conunission's EEO-4 fonn; and'
2. documentation of any actions undertaken to assure equal employment opportunities to all persons
regardless of race, color, national origin, sex or handicap,
L. Records Regarding Remedv of Past Discrimination, The Agency shall maintain documentation of the
affirmative action measures the Agency has taken to overcome prior discrimination if a court or HUD
has found that the Agency has previously discriminated against persons on the grounds of race, color,
national origin or sex in administering a program or activity funded in whole or in part with CDBG
funds pursuant to 24 CFR Part 121.
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7.
AUDITS
A. Nonprofit Corporations. If the Agency is a nonprofit corporation and expends a total of $300,000 or
more in federnI financial assistance and has received federal fmanciaI assistance from the County
during its fiscal year, it shall have an independent audit conducted of its financial statement and
condition, which shall comply with the requirements of generally accepted auditing standards
"GAAS"; GAO's Standards for Audits of Govemmental Organizations, Programs, Activities, and
Functions; and OMB Circular A.l33, as amended, and as applicable,
B. The Agency shall provide a copy of the audit report to each County division providing financial
ass,istánçeto the Agency no later thansiX'(6) months subsequent to the eridofthe Agency's fiscal
yéàr. The Agency shall provide to thê COli.nty their response andèorrec!iv.e. action plan for all
findings'a!ufreportabIe conditions colltái!ied:tn Îheir audit. When refer¿née~ made in their audit to a
"Management Letter" or other correspondenCe Ì11ade by the auditor, diëÀgèncy shall provide copies
oÚhose communications and the Agency'~response and corrective áctionplan.
C. MunicipalCoroorations, If the Agency isa.municipal corporation,kshal1 subnút to the County a
copy òf its.annùal report of exanúnationlaudit, conducted by the Washington State Auditor, within
thirty (30) days of receipt, which subnútiaI sball constitute compliance with Part 1, Section 7.A,
above. .
D. Catalog of Federal Domestic Assistance. -The Catalog of Federal Domestic Assistance (CFDA)
number for the CDBG Program is 14.218. The CFDA number for the HOME Program is 14.239. The
CFDA number for the ESG Program is 14.231.
E. Additional audit or review requirements which mav be imposed on the Countv will be I'assed on to
the Agencv and the Agencv will be required to compIv with anv such requirements.
8.
EV ALVA nONS AND JNSPECITONS
A. Right of Access to Facilities for Inspection of Records. The Agency shall provide right of access to its
facílíties, including those of any subcontractor to the County, the State, and/or federal agencies or
officials at all reasonable times in order to monitor and evaluate the activities funded under this
Contract. The County will give advance notice to the Agency in the case of fiscal audits to be
conducted by the County. .
B. Time for Insoeclion and Retention. The records and documents with respect to all matters covered by
this Contract shall be subject at all times to inspection, review, or audit by the County and/or
federal/state officials so authorized by law during the performance of this Contract and six (6) years
after the Termination Date, unless a different period is specified in the Scope or a longer retention
period is required by law.
C. Agreement to Cooperate. The Agency agrees to cooperate with the County or its agent in the
evaluation of the Agency's perfonnance under this Contract and to make available all information
reasonably required by any such evaluation process. The results and records of said evaluations shall
be maintained and disclosed in accordance with RCW Chapter 42. 17.
3-/0
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9.
CORRECTIVE ACTION
A. Default bv Agencv. If the County determines that a breach of Contract has occurred because the
Agency failed to comply with any material tenus or conditions of this Contract or the Agency has
failed to provide in any manner the work or services agreed to in any Scope attached hereto, and if the
County deems said breach to warrant corrective action, the following sequential procedure will apply:
1. The County will notify the Agency in writing of the nature of the breach;
. c'"
2, The Agency shall submit a plan describing the specific steps being taken to correct,the specified
deficiencies (the"Ö>rrective Action Plan"). The C!>rrective Action Plan Shall be. subinitted to the
Coúñtiwitl'Íin t~n 0.0) business days from Agenty's receipt of the County's notice:urider this
Section. TheCojT¥i!ye Action Plan shall specifY cth~proposed completion date. foÜiq,n.ging the
Conlract mt()c()m.j31Í:!nœ, which c()mpIetion d¡ite,sljal1 not be more than thi.ny.qO),iJåys from the
date the Còuntý~~ves the Agency's CQrreèíivè;Oß~tion Plan, urness the corintY~:~~~<Jle
dis~retion,speéifiis~h'writing an extension in thenÎ.!ïïibèr of days to complete theêÕj¡~}ive
actIons. "'è:;p. ",,01'.,'>, ./,;¡".~'
.. -" -";i:~,
3. The County will nojif): tl1e Agency in writing within tel!.( 10) business day of receiptötfue Plan
of the County' sdeteinil;;;iion as to the sufficiencý()fth~1'lan. The determination"olci'¡¡¡Ii;iency
of the Plan shall be at the sole discretion of the County.
B. Temñnation of Contract. In the event that the Agency does not respond within the appropriate time
with a CQrrective Action Plan, or the Agency's Corrective Action Plan is detennined by the County to
be insufficient, the County may commence temñnation of this Contract in whole or in part pursuant to
Part 1, Section I1.B;
C. County WitWJ.oIding of Pavment. The County may withhold any payment owed the Agency or
prohibit the Agency from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
D. No Waiver of Other Remedies. Nothing herein shall be deemed to affect or waivellIlY rights the
parties may have pursuant to Part I, Section 11 or other remedies authorized by law.
10.
ASSIGNMENT
The Agency shall not assign any portion of this Contract or transfer or assign any claim arising pursuant
to this Contiact without tJie prior written consent of the County. Additional terms for County consent to
such Assignment may be described in a project Scope or Scope(s). Said consent must be sought in
writing by the Agency not less than fifteen (15) business days prior to the date of any proposed
assignment. The Agency shall deliver to the County with its request for consent to such assignment, such
infonnation regarding the proposed assignee, including the proposed assignee's mission, description of
the proposed assignee's legal status, and financial and management capabilities as is reasonably available
to the Agency. Within fifteen (15) days after such request for consent to such assignment, King County
may reasonably request additional available infonnation on the proposed assignee. If the County shall
give its consent to any assignment, this Section shall nevertheless continue in full force and effect Am'
assignment without prior County consent shall be yoid.
3-1\
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n.
TERMINATION
A. Termination for Convenience,
1. This Contract may be tenninated by the County without cause, in whole or in part, prior to the
Tennination Date specified in the Scope of Services, by providing the Agency thirty (30) days
advance written notice of the tennination.
2. In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or limited in any
.way prior to the Tennination Date set forth in the project Scope, the County may, upon written
'notification to the Agency, temiiñate this Contract in whole _odD. part.
3, If the Contract is tenninatëd' ~iÞr!>:vided above: (I) theCouhti:Will be liable only for payment in
accordance with the teonsofthis Contract for services rendÿted'pnor to the-effective-date of
œnnination; and (2) the Age¡'¿)'~!\all be released from anyo!l!%ation to provide such further'. ~
services pursuant to the Contract'iis are affected by the ternûnåti~n.
13. Tèriiiiiíãtion for Cause.
-~- -"
1. The County may terminate this èonfra~t, in whole or in part, upo~ s~ven (7) days advance written
notice to Agency pursuant to, in.the event: (I) the Agency materially breaches any duty,
obligation, or service required pursuant to this Contract and such breach has not been cured by a
Corrective Action Plan acceptable to County or (2) the duties, obligations, or services required
herein become impossible, illegal, or not feasible.
2. If the County terminates the Contract pursuant to this section, the Agency shall be liable for
damages, including any additional costs of procurement of similar services from another source,
3. If the tennination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency
shall return to the County inunediately any funds, misappropriated or unexpended, which have
been paid to the Agency by the County.
4. If County expected or actual funding is withdrawn, reduced, or limited in arty way prior to the
tennination date'set forth-above in Part I Section 2, the County may, upon written notification to
the Agency, terminate this Contract in whole or in part.
5. If the Contract is terminated as provided in this Subsection: (I) the County will be liable only for
payment in accordance with the teons of this Contract for services rendered prior to the effective
date of tennination; and (2) the Agency shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the termination.
6. Funding or obligation under this Contract beyond the current appropriation year is conditional
upon appropriation by the County Council of sufficient funds to support the activities described in
the Contract. Should such appropriation not bê approved, this Contract will tenninate at the close
of the current appropriation year.
C. Waiver. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract at law or in equity that either party may have in the event that the obligations, tenns, and
conditions set forth in this Contract are breached by the other party.
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12.
FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this Contract.
13.
HOLD HARMLESS AND INDEMNIFICATION
A. Agencv is an Independent Contractor. In providing services under this Contract, the Agency is an
independent Contractor, and neither it nor its officers, agents, or employees are employees of the
County for anYl1urpose. The AgenGY shall be responsible for all federal and/òrstate tax, industrial
insurance, and Social Security liability that may result from toe pertormance. otand compensation for
these .services al1dcShali make no claimof êareerse¡vice or civil service righ~ which may accrue to a
County employee under state or local law, -" .' -
B. The County as~~mes no responsibility for thep~~e¡:'t of any compensati~n: ~ã~å;'benefits, or taxes
by or onbeha,lf oftJ:.te Agency, its empIoy('<i~,' a!1d1orothers by reason of.this Contraet,:The Agency
shall protect., :iiid<ònînify, and save harmless theCòuÏtiy, their officers, agents',âJÌd:èn\þìòyees from
and against any and all claitIlB, costs, and/or losses whatsoever occurring or resultin.g from (I) the
Agency's failuréló-pay any such compensation, wágéii, benefits, or taxes, ãnd/or(2ftîiè supplying to
the Agency of work, services, materials, or supplies by Agency employees or other suppliers in
connection with or support of the performance of this Contract.
C. Agencv Agreement to Repay. The Agency further agrees that it is financially responsible for and will
repay the County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the tenns of this Contract by
the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County
shall not be diminished or extinguished by the prior termination of the Contract pursuant to the
Duration of Contract or the Termination Sections.
D. Agencv Indenmification of Countv.
I. This subsection applies to all non-state agencies, The Agency shall protect., defend, indenmify,
and save harmless the County, their officers, employees, and agents from any and all costs, claims,
judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts
or omissions of the Agency, its officers, employees, and/or agents, in its perfonnance and/or non-
perfonnance of its obligations unde~ tjlis contract. The Agency agrees that its obligations. under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of
its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as
respects the County only, any immunity that would otherwise be available against such claims under
the Industrial Insurance provisions of RCW, Title 51. In the event the County incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article,
all such fees, expenses, and costs shall be recoverable from the Agency.
2. This subsection applies only to state agencies. Each party to the Contract shall be responsible for
the negligence of its officers, employees, and agents in the perfonnance of the Contract. No party to
the Contract shall be responsible for the acts and/or omissions of entities or individuals not a party to
the Contract.
E. Unfair Trade Practices. The Agency agrees not to perfonn any acts that include, but are not limited to,
use or transfer of software, book, document., report, film, tape, or sound reproduction or material of
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any kind, delivered hereunder, that constitutes an infringement of any copyright, patent, trademark,
trade name, and/or otherwise results in unfair trade practice. The Agency agrees to indemnify the
County for any harm resulting from unfair trade practices,
14.
INSURANCE REQUIREMENTS
A, Insurance Roouired. By the date of execution of this Contract, the Agency shall procure and maintain
for the duration of this Contract, insurance against claims for ~uries to persons or damages to
property. which may arise from, or in connection with, the penormance of work hereunder by the
Agency, its agents, representatives, employees, and/or subcontractors. The Agency or subcontractor
shall pay the costs of such insurance. The Agency mayfumish separate certificates of insurance and
policy endorsements from each subcontractor as evid.ence of compliance with the insufu.nce
requirements of this Contract:
l. The Agency is responsiþlefor ensuring compliance w!th_",11 of the insurance requiremšOEts.stated
herein. Failure by the Agency, its agents, employees, officers, subcontractors, providers, -ãnd/or
provider subcontractors t{¡:c'ümply with the ÎIisurancereq!Ìirements stated herein shali'constitute a
material breach of this co¡itract. .
Each insurance policy shall be written on an "occurrence" form; except that insurance ona
"claims made" fonD may be acceptable with prior County approval. If coverage is approved and
purchased on a "claims made" basis, the Agency warrants' continuation of coverage, either
through policy renewals or the purchase of an extended discovery period, if such extended
coverage is available, for not less than three years from the date of Contract tennination, and/or
.conversion from a "claims made" fonD to an "occurrence" coverage fonn.
B. Risk Assessment bv Agency. By requiring such llÙnimum insurance, the County shall not be deemed
or construed to have assessed the risks that may be applicable to the Agency under this Contract. The
Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater lillÙts
and/or broader coverage.
C. Minimum SCODe of Insurance. Coverage shall be at least as broad as:
L General Liability: Insurance Services Office fonD number (CG 00 01 Ed. 11-88) covering
COMMERCIAL GENERAL LIABILITY,
2. Professional Liability, Errors, and OllÙssions Coverage: In the event that services delivered
, pursuant to this Contract either directly or indirectly involve or require professional services,
Professional Liability, Errors, and OllÙssions coverage shàll be provided. "Professional
Services", for the purpose of this Contract Section, shall mean any services provided by a
licensed professional.
3. Automobile Liability: In the event that services delivered pursuant to this Contract involve the
transportation of clients by Agency personnel in Agency-owned vehicles or non-owned vehicles,
the Agency shall provide evidence of the appropriate automobile coverage. Insurance Services
Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1
"any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9,
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4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar coverage required for this work
by applicable federal or "Other States" state law,
5. Stop GapÆmployers Liability: Coverage shall be at least as broad as the protection provided by
the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy.
6. Property Insurance: Insurance Services Office fonn number (CP 00 10 Ed. 10-90) covering
. BUILDING AND PERSONAL PROPERTY COVERAGEFOR.M and Insurance Services Office
.form number (CP 10 30 Ed. 10,90) CAUSES OF LOSS - SPECIAL FORM or project
'appropriate equivalent.
D. Minimum Limits of Insurance, The Agency shall maintain limits no l~;s than, for:
':0'" "',.C
I. Ge[\eral Liability: $1 Million combined single limit per occurrence bý bodily injury, personal
injurY; and property damage, áíid:fo~t\iose policies with aggregatè'lifuits, a $2 Million aggregate
liniit:-
,,~,'..
2. P~ofessional Liability, Errors, and Omissions: $1 Million,
3. Automobile Liability: $1 Million combined single limit per accident for bodily injury and
property damage. Except if the transport of clients by Agency personnel is involved, then Risk
Management will review the appropriate amount of coverage,
4. Workers' Compensation: Statutory requirements of the state of residency.
5. Stop Gap ÆmpIoyers Liabiiity: $1 Million,
6. Property Insurance: 100% replacement value,
E. Insurance During Building Construction Period.
l. Prior to commencement of building construction and until construction is complete and approved
by the Agency, the Agency shall cause the construction contractor to procure and maintain
insurance against claims for injuries to persons or damages to property which may arise from, or
in connection with the activities related to this Contract. The Agency shall be a named as an
additional insured on all policies. The cost of such insurance shall be paid by the Agency and/or
any of the Agency's subcontractors.
2. For All Coverage: Each insurance policy shall be written on an "Occurrence" fonn.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
ill
General Liability: Insurance Services Office fonn number (CG 00 0 I Ed. 11-88)
covering COMMERCIAL GENERAL LIABILITY.
(ii)
Products and Completed Operations: The General Liability Policy required in this
Section shall include Products and Completed Operations coverage for the
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protection against bodily injury and property damage claims arising from this
hazard, at a Iiuùt acceptable to the County.
(iii) Automobile Liability: Insurance Services Office fonn number (CA 00 01 ed. 12-
90) covering BUSINESS AUTO COVERAGE, symbol I "any auto;" or the
combination of symbols 2, 7, 8, and 9.
(iv) Professional Liability, Errors and Omissions Coverage: In the event that services
delivered pursuant to this Contract either directly or indirectly involve or require
- professional services, Professional Liability, Errors and Ouùssions coverage shall
. be provided. "ProfessionaISeiViéës" for the purposes of this SeCtion shall mean
. any services provided by a licensed professional.
(v)
Builder's Risk Insurance: The Agency will obtain; or cause to be obtained, a
builder's risk policy (Insurance Services Office fonn number (C~~Ü2 Ed. 10-90)
BUJLDER'S RISK COVERAGE FORM) covering 100% of the r';p1acement value
.oUhe building/structures.- .,-,
-: -
(vi)
Worker's Compensation: Workers'Compensation coverage, as required by the
Industrial Insurance Act of the State of Washington.
(vii) Stop Gap, Employers Contingent Liability
3. Minimum Liuùts of Insurance. The Agency shall maintain liuùts no less than, for:
a. General Liability: $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage.
b. Products and Completed Operations: $1,000,000.
c. Automobile Liability: $1,000,000 combined single liuùt per accident for bodily injury and
property dan1age,
b.
Professional Liability, Errors & Ouùssions: $1,000,000.
c.
Builder's Risk Insurance: 100% replacement cost value.
d,
Workers Compensation: Statutory requirements of the State of residency.
e.
Stop Gap or Employers Liability Coverage: $1,000,000.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not
apply to the Agency's liability to the County and shall be the sole responsibility of the Agency,
G. Other Insurance Provisions, The insurance policies required in this Contract are to contain, or be
endorsed to contain, the following provisions:
I. General and Automobile Liability Policies
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2. The County, its officers, officials, employees, and agents are to be covered as additional insureds
as respects liability arising out of activities performed by or on behalf of the Agency in
connection with this Contract.
3, To the extent of the Agency's negligence, the Agency's insurance coverage shall be primary
insurance as respects the County, its officers, officials, employees, and agents. Any insurance
and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall
not contribute with the Agency's insurance or benefit the Agency in any way.
- 4. The Agency's insurance sball apply separately to each insured against whom claim is made
and/or lawsuit is brought, except with respect tò the linúts ohhe insurer's liability."
5. Property Coverage Policies -
.6:, The County is to be added to >ill Property Coverage Policies ~s;an additional loss payee as its
interests may appear.
7. All Policies
8. Coverage shall not be suspended, voided, canceled, reduced in coverage or in linúts, except by
the reduction of the applicable aggregate linút by claims paid, until after forty-five (45) days prior
written notice has been given to the County,
H. Acceptabilitv of Insurers. Unless otherwise approved by the County. insurance is to be placed with
insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum
surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions
insurance may be placed with insurers with a Bests' rating of B+ VII. Any exception must be
approved by the County,
If, at any time, the foregoing policies shall fail to meet the above requirements, the Agency shall,
upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same
to the County, with appropriate certificates and endorsements, for approval.
I.
Verification of Coverage, The Agency shall furnish the County with certificates of insurance and
endorsements required by this Contract. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements for each insurance policy are to be on forms approved by the County prior to the
commencement of activities associated with the Contract. The County reserves the right to require
complete, certified copies of aU required insurance policies at any time.
J.
Subcontractors. The Agency shall include aU subcontractors as insureds under its policies or shaU
furnish separate certificates of insurance and policy endorsements from each subcontractor.
Insurance coverages provided by subcontractors as evidence of compliance with the insurance
requirements of this Contract shall be subject to all of the requirements stated herein.
K. Municipal or State Agency Provisions, If the Agency is a municipal corporation or an agency of the
State of Washington and is self-insured for any of the above insurance requirements, a certification of
self-insurance shall be attached hereto and be incorporated by reference and shall constitute
compliance with this Section.
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15.
NON-DISCRlMINA TION AND EQUAL EMPLOYMENT OPPORTUNITY
A, Non-discrimination and Fair Emplovment Provisions Incorporated, King County Code Chapters
[2,[6, 12.17, 12,18, and 12.20 are incorporated by reference as if fully set forth herein and such
requirements apply to this Contract, provided however, that no specific levels of utilization of
minorities and women in the workforce of the Agency shall be required, and the Agency is not
required to grant any preferential treatment on the basis of race, sex, color, ethnicity or national origin
in its employment practices; and provided further that, notwithstanding the foregoing, any affirmative
action requirements set forth in any federal regulations, statutes or rules included or referenced in the
contract documents shall continue to apply. King County Code sections 12.16, 12.[7, 12,18, and
12.20 do not apply to an Agency thai IS a municipal corporation or state agency.
B, Non-discrimination. During the performance of this Contract, neither the Agency nor any party
subcontracting under the authority of this Contract shall discriminate nor tolerate harassment on the
basis'ofrace, color, sex, religion, nationality, creed, marital status, sexual oáentation, age, or the
presence of any sensory, mental, or physical disability in the employment or application for
employment or ìn the administration or deIivèryof services or any othêrbenef'i~Jl.l)der this Contract.
C. Equal Emplovment Opportunitv. The AgencywiU implement and carry ouuhe obligations contained
in its Affidavit and Certificate of Compliance regarding equal employment opportunity, and all other
requirements as set forth in the Affidavit and Certificate of Compliance. Failure to implement and
carry out such obligations in good faith may be considered by the County as a material breach of this
Contract and grourids for withholding payment and/or termination of the Contract and dismissal of
the Agency.
D. Compliance with Applicable Laws. The Agency shall comply fully with all applicable federal, state
and [ocallaws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49,60 and Titles VI and VII of the Civil Rights Act
of 1964, the Americans with Disabilities Act, and the Restoration Act of [987. The Agency shall
further comply fully with any affumative action requirements set forth in any federal regulations,
statutes or rules included or referenced in the contract documents.
E. Fair Emplovment Practices. King County Code Chapter 12.18 is incorporated by reference as if fully
set forth herein and such requirements apply to this Contract. During the performance of this
Contract, neither the Agency rior any party contracting or subcontracting under the authority of this
contract shall engage in unfair employment practices. It is an unfair employment practice for any:
1. Employer or labor organization to discriminate against any person with respect to refeITal, hiring,
tenure, promotion, terms, conditions, wages or other privileges of employment;
2. Employment agency or labor organization to discriminate against any person with respect to
membership rights and privileges, admission to or participation in any guidance program,
apprenticeship training program, or other occupational training program;
3. Employer, employment agency, or labor organization to print, circulate, or cause to be printed,
published or circulated, any statement, advertisement, or publication relating to employment or
membership, or to usc any form of application therefor, which indicates any discrillÚnation unless
based upon a bona fide occupation qualification;
-=s- -I ~
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4. Employment agency to discriITÛnate against any person with respect to any reference for
employment or assignment to a particular job classification;
5. Employer, employment agency or a labor organization to retaliate against any person because this
person has opposed any practice forbidden by King County Code Chapter 12.18 or because that
person has made a charge, testified or assisted in any manner in any investigation, proceeding or
hearing initiated under the provisions of King County Code Chapter 12,18;
6. Publisher, firm, corporation, organization or association printing, publishing or circulating any
newsl'aper, magazine or other written pubIication-,toprint or cause to be printed or circulated any
advertisement with knowledge that the same is in viohition of King County Code Chapter
12.18.030.c., or to segregate and separately designate advertisements as applying only to men
and women unless such discriITÛnation is reasonably necessary to the normal operation of the
particular business, enterprise or employment, .unless based upon a bona fide occupational
qualification; and/or '.'
'...'
7. Employer to prohibit any. person from speaking a lànguage other than English in tl\ewörl¡;þlace
unless:' . '. . ,.
a. the employer can show that requiring that empìoyres speak English at certain times is
justified by business necessity, and
b, the employer infonns employees of the requirement and the consequences of violating the
rule,
F. Non-DiscriITÛnation and Equal Emplovment Opportunity Reporting.
1, If the Agency is a nonprofit corporation and one or more Scopes attached to this Contract have a
cumulative value of $25,000 or more the Agency shall subITÛt the following with this Contract:
a. An Afftdavit and Certificate of Compliance on the form provided by the County and attach
the original, notarized, completed form to this Contract. Subject to the provisions of KCC
12.16.060, the Agency's Affidavit of Compliance shall be effective for two years after the
date on which the report was subITÛtted.;
b. Sworn Statement of Compliance with King County Chapter 12,16 from any labor unions or
employee refelTal agencies which refers workers or employees or provides or supervises
apprenticeship or other training programs from whom Agency obtains empIoyres,
c. The Agency shall also subITÛt Personnel Inventory Reports, Affidavit and Certificates of
Compliance and Sworn Statements of Compliance from any contractors or subcontractors it
utilizes to perform any work under this contract. Such contractor or subcontractor
information shall be subITÛtted prior to the County processing and paying any progress
payment, which includes such contractor or subcontractor work,
d. All reports and forms provided by the County and shall otherwise cooperate fully with the
County in monitoring and assisting the Agency in providing nondiscriITÛnatory programs.
Assistance with the requirements of this Section and copies of King County Chapters 12.16
and 12.18 are available from the King County Business Develop~ent and Contract
Compliance Division, phone (206) 296-3439.
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2. If the Agency is a nonprofit corporation and one or more Scopes attached to this Contract have a
cumulative value of $25,000 or more the County will not execute an agreement or contract
without prior receipt of fully executed forms listed in subparagraph I, above.
G. Fair Housing Protections, The Agency shall comply with the federal Fair Housing Act, Public Law
90-284 (42 USC 3601 et seq,) The Agency shall take necessary and appropriate actions to prevent
discrimination in any housing-related project under this contract, which includes rental housing
projects and/or projects that include residential real estate-related transactions, as required by the
Federal Fair Housing Act as amended (42 USC 3601) and the Washington State Law Against
Discrimination (RCW Chapter 49,60). Residential real estate-related transactions include the making
or purchasing of loans or the provision of financial assistance secured by real estate, or the making or
purchasing of loans or financial assistance for the purchasing, constmcting, improving, repairing or
maintaining of a dwelling. Rçntal housing includes any dwelling which is intended for occupancy as
à residence for one or more families-by lease, sublease or by grant forA.c(;onsideration of the right to
occupy premises not owned by the occupant. In addition, except for projects located in incorporated
-jud&~#i()ÎIs, the Agency shall co¡r\p!ywith the provisions of the King.C_òunty Open Housing .
Ordinarîê", codified at Chapter 12,20 of the King County Code, which prohibits practices of housing
discrimination against any person on the basis of race, color, national origin, religion, sex, disability,
parental status, retaliation, marital status, age, ancestry, sexual orientation and possession of section 8
housing assistance.
Projects using federal funds shall also comply with subsections H, I, and J:
H. Additional Federal Nondiscrimination Requirements. The Agency shall comply with all applicable
federal laws prohibiting discrimination, including the following:
1. Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at
24 CPR Part 107;
2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301);
3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155,201,218 and 225); and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CPR Part 8.
I.
Prohibited Discriminatory Actions.
I, The Agency may not, under any program or activity to which this Contract may apply, directly or
through contractual or other arrangements, discriminate on the grounds of age, sex, marital status,
familial status, religion, race, creed, color, sexual orientation, nationality, or the presence of any
sensory, mental or physical disability. Discriminatory actions may include but are not limited to
the following:
a) Denying any person access to facilities, services, financial aid or other benefits provided
under the program or activity.
b) Providing any person with facilities. services, financial aid or other benefits, which are
different, or are provided in a different form from that provided to others under the program
or activity.
Hed Boilerplate Page -- 18
320
c) Subjecting any person to segregated or separate treatment in any facility or in any matter or
process related to receipt of any service or benefit under the program or activity.
d) Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by
others in connection 'with facilities, services, financial aid or other benefits under the program
or activity,
e) Treating any person differently from others in detennining whether the person satisfies any
admission, enrollment, eligibility, membership, or other requirement or condition which
individuals must meet in order to be provided any facilities, services òr other benefit provided
under the program or activity.
f)
Denying any person any opportunity to participate in a program or activity as an employee.
. - ",~,-'-
g) Failing to design and construct facilities for fll'st occupancy after Januar{26; -1993 that are
readily accessible to and usable by individuals with disabilities and failure t.9Ì!ê!Jl°ve
architectural and communication barriers that are structural in nature in existing'facilities,
where such,removal can be accomplished without difficulty and expense.
2. The Agency shall not utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination on the basis of race, color, familial Slatus, religion, sexual
orientation, nationality, sensory, mental or physical disability, age or sex, or have the effect of
defeating or subslantially impairing accomplishment of the objectives of the program or activity
with respect to individuals of a particular age, sex, marilaI slatus, familial slatus, religion, race,
creed, color, sexual orientation, nationality, or the presence of any sensory, menial or physical
disability.
3. The Agency, in detennining the site or location of housing or facilities provided in whole or in
part with funds under this Contract, may not make selections of such site or location which have
the effect of excluding individuals, denying them benefits, or subjecting them to discrimination
on the grounds of age, sex, marilal Slatus, familial Slatus, religion, race, creed, color, sexual
orienlation, nationality, or the presence of any sensory, mental or physical disability; or which
have the purpose or effect of defeating or substantially impairing the accomplishment of the
objectives of the HCD Act or of the HUD Regulations.
J.
Emplovment Protections. In all solicilations under this Contract, the Agency shall state that all
qualified applicants will be considered for employment. The words "equal opporturnty employer" in
advertisements shall constitute compliance with this Section.
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16. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
A. Compliance with Initiative 200, In accordance with the provisions of Washington Initiative 200, no
County Minority and Women Business (MIWBE) utilization requirements shall apply to this
Contract. No minimum level of MIWBE participation or purchase from MlWBE certified vendors is
required and no preference will be given for MIWBE utilization or M/WBE status. Provided,
however, that any affirmative action requirements set forth in any federal regulations or statutes
, included or referenced in the Contract documents will continue to apply.
B. Non-Discrimination. During the term of this Contract, the Agency shall not create barriers to open
and fair opportunities to participate in County contracts or to obtain or compete for contracts and
subcontracts as sources of supplies, equipment, construction and services, In considering offers from
and doing business with contractors and suppliers, the Agency shall not discriminate against any
person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual
orientation or the presence of any mental or physical disability in an otherwise qualified disabled
person.
C. Record-Keeping Requirements. The Agency shall maintain, after completion of all work under this
contract, records and information necessary to document its level of utilization of MIWBEs and other
businesses as contractors, subcontractors and suppliers in this contract and in its overall public and
private business activities for the same period. The Agency shall also maintain, after completion of
all work under this contract, all written quotes, bids, estimates or proposals submitted to the Agency
by all businesses seeking to participate on tIús Contract. Such records shall be retained by the
Agency for the period specified in Part 1, Section 6 above. Agency shall make such documents
available to Ihe County for inspection and copying upon request.
D. Open Competitive Opportunities,
The County encourages Ihe Agency to utilize small businesses, including minority owned businesses
("MBEs") and women-owned businesses ("WBEs")(coliectiveIy, "M/WBEs") in County contracts. The
County encourages the Agency to use the following voluntary practices to promote open competitive
opportunities for small businesses including MlWBEs:
1. Scheduling a pre-bid or pre-solicitation conference to provide project infonriation and to inform
M/WBEs and other finDS of contracting and subcontracting opportunities.
2. Placing all qualified small businesses attempting to do business in the County, including
M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to
M/WBEs and all other small businesses capable of perfotming the work, including without
limitation all businesses on any list provided by the County, in sufficient time to allow such
businesses to respond to the written solicitations.
3. Breaking down total requirements into smaller tasks or quantities, where economically feasible,
in order to permit maximum participation by small businesses including MIWBEs.
4. Establishing delivery schedules, where the requirements of this contract permit, that encourages
participation by small businesses, including M/WBEs.
5. Providing small businesses including MIWBEs that express interest with adequate and timely
information about plans, specifications, and requirements of the Contract.
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6. Utilizing the services of available community organizations, contractor groups, local assistance
offices, the County, and other organizations that provide assistance in the recruitment and
placement of small businesses including MlWBEs.
7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can
provide a list of certified MIWBEs. Contact the OMWBE office at (360) 753-9693 or on-line
through their web site at http://www.omwbe.wa.gov/.
E, Sanctions for Violations. Any violation of the mandatory requirements of Ihe provisions of this
Section shall be a material breach of contract for which the Agency may be subject to damages,
withholding of payment and any other sanctions provided for by contract and by applicable law.
F. Affidavits of Amounts Paid. Upon completion of all work and as a condition precedent to final
payment, the Agency shall submit a final Affidavit of Amounts Paid, identifying amounts actually
paid and amounts owed to each- contractor or subcontractor fmu for performance under the Contract.
Failure to submit such affidavits may result in withholding of payments or the final payment. The
County will provide affidavit forms.
G. Site Visits. The County may at any time visit the site of the work and the Agency's office to review
records related to actual utilization of and payments to contractors. The Agency shall maintain
sufficient records necessary to enable the County to review utilization of contractors. The Agency
shall provide assistance requested by the County during such visits,
Projects using federal funds shall also comply with subsections H and I:
H. Federal Requirements. In soliciting subcontractors to supply goods or services for the activities under
this Contract, the Agency shall comply with 24 CPR Part 85.36(e) as amended if the Agency is a
municipal corporation or an agency of the State of Washington, and 24 CPR Part 84.44(b)(I)-(5) if
the Agency is a nonprofit corporation. In accordance with these regulations, the Agency shall take all
necessary affirmative steps to assure MIWBE's and labor surplus area firms are used as
subcontractors when possible. Affinnative steps shall include those actions specified above in this
Section of the Contract.
I.
Nondiscrimination in Federally Assisted Construction. The Agency shall also require compliance
with Executive Order 11246 as amended and 41 CPR Part 60 regarding nondiscrimination in bid
conditions for construction projects over $10,000.
17.
SECTION 504 AND AMERICANS WITH DISABILITIES ACT
If the Agency is a nonprofit corporation, the Agency warrants and represents that it has completed a
Disability Self-Evaluation Questionnaire for all programs and services offered by the Agency (including
any services not subject to this Contract) and has evaluated its services, programs and employment
practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504") and the
Americans with Disabilities Act of 1990 ("ADA"). The Agency warrants and represents that it has
completed a 504/ ADA Disability Assurance of Compliance and shall submit it to the County. Such
Assurance of Compliance is attached to this Contract and is incorporated herein by this reference,
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18.
SUBCONTRACTS AND PURCHASES
A. Subcontract Defined. "Subcontract" shall mean any agreement between the Agency and a
subcontractor or between subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of (1) support services not related to the subject matter of
this Contract, or (2) supplies,
B. Writing Reauired. Any work or services assigned or subcontracted hereunder shall be in writing.
The Agency agrees that it is as fully responsible to the County for the acts and omissions of its
subcontractors and their employees and agents, as it is for the acts and omissions of its own
employees and agents, as defined in Part 1, Section 13,c.
C. Reauired Contract Terms. The Agency shall include ihe applicable provisions of Part 1, Sections 14,
15 A-G, 16 A-G and 17 in every subcontract or purchase order for goods or services which are paid
for in whole or in part with funds provided under this Contract.
Projects using federal funds must also comply with subsections D, E, F, G and H:
O. Debarred Contractors. The Agency shall not make any award at any time to any contractor, wlùch is
debarred, suspended or excluded, from participation in federal assistance programs under Executive
Order 12549, "Debarment and Suspension".
E. Subcontracting Reauirements. An Agency which receives federal funds under this Contract will also
include the following Sections in every subcontract or purchase order for goods and services which
are paid for in whole or in part with funds provided under this Contract: Part I, Sections 15 ], 16 H-I,
19 B and 20(B)(3) and, if the subcontract is for construction, Part 2, Sections 10 and I L
F. Federal Procurement Reauirements. If the Agency is a municipal corporation or an agency of the
State of Washington, it agrees to comply with procurement requirements specified in 24 CPR Part
85.36(b) through (g). If the Agency is a nonprofit corporation, it agrees to comply with procurement
requirements specified in 24 CPR Part 84.40 through .48 or as otherwise provided in the project
Scope. .The regulations at 24 CPR Part 85.36 (b) through (g) and 24 CPR Part 84.40 through .48,
require that all goods and services, irrespective of cost, be procured using a competitive process.
E. G. Federal Bid Guarantee and Bond Reauirements. If the Agency is subcontracting construction
work under this Contract, the subcontract must require for construction contracts exceeding $100,000,
(a) a bid guarantee from each bidder equivalent to five percent (5%) of the bid price, (b) a
perfonnance bond from the contractor for one hundred percent (100%) of the contract price, and (c) a
payment bond from the contractor for one hundred percent (100%) of the contract price. The Agency
may, at its discretion, require any of these requirements on construction contracts of less than
$100,000. The specific requirements for bid guarantees and bonds are at 24 CPR Part 84.48(c) for
nonprofit corporations and 24 CPR Part 85.36(h) for municipal corporations and agencies of the State
of Washington,
H. Failure to Comp! y is Default. Failure by the Agency to require compliance with the above terms and
conditions in subcontracts shall constitute a breach of this Contract.
19.
CONFLICT OF INTEREST
A. King Countv Code Incorporated Herein. King County Code Chapter 3.04 ön Employee Code of
Ethics is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all
Hcd Boilerplate Page -- 22
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conditions of said chapter. Failure by the Agency to comply with any requirement of said King
County Code Chapter shall be a material breach of contract. This section shall not apply to state
agencies or to an Agency that is a municipal corporation which has adopted an employee code of
ethics.
B. Agency Covenants. The Agency covenants that no officer, employee, consultant, elected or
appointed official, or agent of the Agency who exercises any functions or responsibilities in
connection with the activities funded in whole or in part under this Contract, herein, or any other
person who presently exercises any functions or responsibilities in connection with the activities
funded herein shall have any personal financial interest, direct or indirect, in this Contract. The
Agency shall take appropriate steps to assure compliance with this provision.
C. Non Disclosure is Grounds For Termination, If the Agency violates the above provisions or does not
disclose other interests required to be disclosed pursuant to King County Code Chapter 3.04, or if the
. Agency is a municipal corporation which has adopted an employee code of ethics, and violates the
adopted employee code of ethics, the County will not be liable for payment of services rendered
pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this
Contracl and grounds for lerminationpursuant to Part 1, Section II, as well as any other right or
remedy provided in this Contract or law,
20.
POLITICAL ACTIVITY PROHIBITED
A. No Partisan Activitv. None of the funds, materials, property, or services provided directly or
indirectly under this Contract shall be used for any partisan political activity or to further the election
or defeat of any candidate for public office.
All Projects using federal funds shall also comply with the following subsection:
B. Certification Regarding Lobbving. The Agency certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress; or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the makitlg of any Federal
grant; the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid tò any person
for influencing or attemptingto influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the Agency shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions. .
3. The Agency shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose
accordingly. .
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4. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this lransaction imposed by 31 USC 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
21.
EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. EQuipment over $1000. The Agency agrees that any equipment purchases, in whole or in part, with
Contract funds at a cost of $1,000 per item or more, when the purchase of such equipment is
reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County
and/or federaVstate government.
B. Maintenance of Eauipment. The Agency shall be responsible for aI~ such property, including the
proper care and maintenance of the equipment.
C. EQuipment Returned. The Agency will ensure ihat all such equipment will be returned to the County
or federaVstate government upon tentúnation of this Contract unless otherwise agreed upon by the
parties.
D. Right of Access, The Agency will admit the County's Property Management Officer to the Agency's
premises for the purpose of marking such property with County property tags.
E. Maintenance of Records. The Agency shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with
Conlract funds.
Projects using federal funds shall also comply with the following subsection:
F. Disposition of EQuipment. If the Agency ceases to use equipment purchased in whole or in part with
CDBG funds for the purpose described in tlús Contract, or if the Agency wishes to dispose of such
equipment, the disposition shall be detentúned under the provisions of 24 CPR,
Part 570.502(b)(3)(vi), if the Agency is a nonprofit corporation and 24 CFR Part 570.502(a) and 24
CPR Part 85.32(e) if the Agency is a municipal rorporation or an agency of the State of Washington.
The Agency agrees that it wíll contact the County for instructions prior to disposing of, surplusing,
encumbering or transferring ownership of any equipment purchased in whole or in part with federal
funds,
22.
NOTICES
Whenever this Conlract provides for notice to be provided by one party to another, such notice shall be in
writing; and Directed to the Chief Executive Officer of the Agency and the Director of the County
Department of Community and Human Services. Any time within which a party must take some action
shall be computed from the date that the notice is received by said party.
23.
PROPRIETARY RIGHTS
The parties to this Conlract hereby mutually agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such material or article shall
be the sole property of the Agency. The Agency agrees to and does hereby grant to the County,
irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and
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use any method that may be developed as part of the work under this Contract. The foregoing license
shall not apply to existing training materials, consulting aids, checklists, and other materials and
documents of the Agency which are modified for use in the perfonnance of this Contract.
24.
CONTRACf AMENDMENTS
Either party may request changes to this Contract, Proposed changes, which are mutually agreed upon,
shall be incorporated by written amendments to this Contract. Budget revisions approved by the County
pursuant to Part I, Section 4 are not required to be incorporated by written amendment.
25.
KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied documents related
to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each
document printed on recycled paper bears an imprint identifying it as recycled paper.
If the cost of recycled paper is more than fifteen percent (15%) higher than the cost of non-recycled
paper, the Agency may notify the County which may waive the recycled paper requirement. The Agency
shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products
wherever practical at the fulfillment of this Contract.
26.
ENTIRE CONTRACfIWAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any oral or written
representations or understandings not incorporated herein are excluded. Both parties recognize that time
is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be
deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Contract shall
not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
27.
MISCELLANEOUS PROVISIONS
A. Severabilitv. If any term or provision of this Contract or an application of any term or provision to
any person or circumstance is invalid or unenforceable, the other tenus or provisions of this Contract,
or the application of the term or provision to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected and will continue in full force.
B. Cumulative Remedies. No provision of this Contract precludes the County from pursuing any other
remedies for the Agency's failure to perform its obligations.
C. No Third Partv Beneficiarv. This Contract is for the benefit of the named parties only and no third
party shall have any rights thereunder.
28.
SUPPLANTING
A. NonDrofit Corooration. If the Agency is a nonprofit corporation providing public (human) services
under this Contract with CDBG and/or ESG funds and the Agency received non-federal funds from
King County ("Iocal funds") to provide the same services as those funded herein between January 1
and December 31, 2002, the Agency must use the funds provided herein to pay for units of service
over and above those provided with local funds in 2003.
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B. Municipal Corporation, If the Agency is a municipal corporation, any federal CDBG Funds made
available under this Contract to provide public (human) services shall not be utilized by the Agency
to reduce or replace the local financial support currently being provided to public (human) service
programs.
29.
A TIORNEYS FEES AND COSTS
If, by reason of any default or breach on the part of either party in the perfonnance of any of the
provisions of this Contract, a legal action is instituted, the losing party agrees to pay all reasonable costs
and attorney's fees in connection therewith. It is agreed that the venue of any legal action brought under
the terms of this Contraclshall be in the county in which the real property owned or leased by the Agency
assisted under this Contract (Premises) are situated.
30.
DRUG FREE WORKPLACE CER,Í1FICA TION AND OTHER FEDERAL
REQUIREMENTS
A. Drug-Free WorkDIace Certification. The Agency certifies that it is in compliance with the Drug-Free
WorkPlace Act of 1988 (42 USC 701) and regulations set forth at' 24 CFR part 24, subpart F.
B. Other Federal Requirements. The absence of mention in this Contract of any other federal
requirements which appIy-tò the award and expenditure of the federal funds made available by this
Contract is not intended to indicate that those federal requirements are not applicable to Agency
activities. The Agency shall comply with all other federal requirements relating to the expenditure of
federal funds, including but not limited to: the Hatch Act (5 U.S,C. Chapter 15) regarding political
activities.
31.
CONSTfTUTIONALPROHmITION
Funds not Used for Religious Purposes, In accordance with the First Amendment of the United States
Constitution, Article 1, Se<;tion 11 of the Washington State Constitution, and separation of church and
state principles, as a general rule, funds received under this Contract may not be used for religious
activities or provided to primarily religious entities for any activities, including secular activities, The
following restrictions and limitations apply to the use of CDBG, HOME and ESG funds:
A. CDBG funds may not be used for public services provided by an Agency or a subcontractor that is a
primarily religious entity unless the Agency certifies that it will not discriminate or conduct religious
activities pursuant to 24 CPR Part 570.200 0)(3).
B. ESG funds may not be used for public services provided by an Agency or a subcontractor that is a
primarily religious entity unless the Agency certifies that it will not discriminate or conduct religious
activities pursuant to 24 CPR Part 576.23(a).
C. CDBG, HOME and ESG funds may not be used to rehabilitate or construct facilities and housing
owned by primarily religious organizations or to assist primarily religious organizations in acquiring
housing as set forth in 24 CPR 570.2000)(1) and 24 CPR part 576,23(b). Completed facilities and
housing project must be used exclusively by the owner entity for secular purposes, available to all
persons regardless of religion. In addition, there shall be no religious or membership criteria for
tenants of the property.
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32.
COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY
ACT OF 1996
Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts
160 and 164,
A Obligations and Activities of the Agencv
L
The Agency agrees not to use or disclose protected health information other than as pernútted or
required by law.
2.
The Agency agrees to use appropriate safeguards to prevent use or disclosure of protected health
information other than as provided for in this Contract.
3.
The Agency agrees to nútigate, to the extent practicable, any harmful effect that is known to the
Agency of a use 'or disclosure of protect health information by the Agency In vìoIation of the
requirements of this Contract.
4.
The Agency agrees to report to King County any use or disclosure of protected health
information not provided for by this Contract of which it becomes aware.
5.
The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides
protected health information received from, or created or received by the Agency on behalf of
King County, agrees to the same restrictions and conditions that apply through this Contract to
the Agency with respect to such information.
6,
The Agency agrees to make available protected health information in accordance with 45 CFR §
164.524.
7.
The Agency agrees to make available protected health information for amendment and
incorporate any amendments to protected health information in accordance with 45 CFR § 164-
526.
8.
The Agency agrees to make internal practices, books, and records, i¡1c1uding policies and
procedures and protected health information, relating to the use and disclosure of protected
health information received from, or created or received by the Agency on behalf of King
County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary
deternúning King County's compliance with the privacy rule.
9,
The Agency agrees to make available the information' required to provide an accounting of
disclosures in accordance with 45 CFR 164 § 528.
B. Pernútted Uses and Disclosures bv Business Associate.
The Agency may use or disclose protected health information to perform functions, activities, or services
for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would
not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of
King County. '
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C. Effect of Termination.
L Except as provided in paragraph c.2. of this section, upon ternûnation of this Contract, for any
reason, the Agency shall return or destroy all protected health infonnation received from King
County, or created or received by the Agency on behalf of King County. This provision shall apply
to protected health information that is in the possession of subcontractors or agents of the Agency.
The Agency shall retain no copies of the protected health infonnation.
2, In the event the Agency detennines that retunúng or destroying the protected health information
is infeasible, the Agency shall provide to King County notification of the conditions that make return
or destruction infeasible. Upon notification that return or destruction of protected health information
is infeasible, the Agency shall extend the protections of the Contract to such protected health
infonnation and lioút further uses and disclosure of such protected health infonnationto .those
purposes that make the retum or destruction infeasible, for so long as the Agency mainlains such
. protected health information.
. PART 2 - ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS
The provisions of this Part 2 are applicable to Scope(s), which provide funding for Capital PrQjects. F9r
Scope(s) which provide funding for the construction or reconstruction of public infrastruclure, the only
provisions of Part 2 that apply are: Sections 5, 6 , 8.A, 9, 10 and 1 L
1.
TERM OF COMPLIANCE
The Agency shall comply with the tenns and conditions set forth in this Contract and the appropriate
project Scope(s) atlached hereto until the Tennination Date as specified in each Scope of Services.
2.
PROMISSORY NOTE, DEED OF TRUST AND COVENANT
The Agency agrees that funding provided under this Contract for the acquisition, improvement and or
rehabilitation of real property owned by the Agency IS a loan from the County to the Agency. The
Agency agrees to promptly execute a pronûssory note, deed of trust and covenant, in a fonnat approved
by the County, if required in a project Scope. The Agency agrees that for real property, which is leased
by the Agency and assisted under this Contract, the Agency shall oblain a covenant from the owner of the
real property in a form approved by the County, if required in a project Scope.
3,
PROPERTY MANAGEMENT
A. The Agency shall engage in sound property and program management practices and at all times
operate and i11aintain the Preoúses in a manner which fully co'mplies with all applicable federal, slate,
and local laws, statutes, rules and regulations covering health and safety issues in order to provide
decent, safe and sanitary housing, as now in effect or as may be hereafter amended. The Agency
specifically agrees to comply and pay all costs associated with achieving such compliance without
any notice of requirement or requirements from the County, and that the County does not waive this
Section by giving notice of demand for compliance in any instance.
ß, The Agency shall throughout the term of this Contract, without cost or expense to the County, keep
and maintain the J'reoúses and all improvements, landscaping, fIXtures and equipment which may
now or hereafter exist thereon, in a neat, clean and sanitary condition, and shall, except for
reasonable wear and tear, at all times preserve the Preoúses in good and safe repair.
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C. If, after thirty (30) days notice from the County, the Agency fails to maintain or repair any part of
the Premises or any improvement, landscaping, fixtures or equipment thereon, the County may, but
shall not be obligated to, enter upon Prenùses and perfonn such maintenance or repair and the
Agency agrees to pay the costs thereof to the County upon receipt of a written demand,
4.
TAXES AND LICENSES
The Agency shall pay throughout the term of this Contract, all applicable taxes, and all licenses and
excise fees covering the ownership and operations ?f the Prenùses.
5.
PROCEDURE IN THE EVENT OF CASUAL TV ICONDEMNA TION
A. In the event that all or any portion of the Prenùses is taken or conveyed as a result of any
condemnation proceeding or damaged as a result of any casualty, the County and the Agency agree
that the proceeds of any condemnation or casualty affecting the.Prenùses sh<li! be made available for
the repair or restoration of the real property if the County and the Agency in their reasonable
judgment agree that: (a) repair or restOrati°1! of the real property is feasible and that sufficient funds
are available to complete such work;' (b) afterihe completion of work, the real property can be
feasibly operated within the restrictions and requirements of the project Scope; and (c) more than two
years remain after the completion of the work until the end of this Contract. '
B. The County and the Agency shall meet as necessary to discuss in good faith the rebuilding or repair
of the real property and reach a decision with respect thereto within sixty (60) days after the
occurrence of the casuatty or condemnation. If the parties cannot in good faith agree to repair or
restore the real property as provided above, then any proceeds of the casualty or condemnation,
within sixty (60) days of demand, shall be paid first to satisfy the County's lien. The balance of the
proceeds shall be paid to the Agency.
6.
ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE
The Agency shall at all times comply with all applicable federal, state, and local laws, statutes, rules and
regulations relating to relocation of those persons and households residing at the Prenùses prior to
occupancy by Tenants. The Agency shall be solely responsible for the cost of all relocation benefits
required by law.
Capital Projects using federal funds shaU also comply with the following subsection:
A. Federal ACQuisition and Relocation Requirements. Implementation of any project provided for in this
Contract will be undertaken so as to nùninùze involuntary displacement of persons, businesses,
nonprofit organizations, or fanns to the greatest extent feasible. The Agency shall comply with the
following:
1, Any acquisition of real property by the agency for any activity assisted under this Contract shall
comply with the Unifonn Relocation Act and 49 CPR Part 24.
2. Any displacement of persons, businesses, nonprofit organizations, or fanus occurring as the result
of acquisition of real property assisted under this Contract shall comply with the Unifonn
Relocation Act, at 24 CPR Part 42 and 49 CPR Part 24 as amended, and the County's Residential
Anti-displacement and Relocation Assistance Plan required by federal regulations at 24 CPR Part
570.6O6{c), and adopted by the County Council as part of the HCD Plån. The Agency shall
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comply with the Regu1atìons pertaining to costs of relocation and written policies, as specified by
the King County Residential Antì-displacement and Relocation Assistance Plan.
3,
When any lower-income dwelling units are demolished or converted to a use other than a lower-
income dwelling unit, in connectìon with an activity assisted under this Contract with federal
funds, the units must be replaced on a one-for-one basis. Lower-income dwelling units are
defined as a dwelling unit with a market rent (including utility costs) that does not exceed the
applicable Fair Market Rent (FMR) for existìng housing as eslablished by HUD and published
annually, pursuant to 24 CFR Part 888, The Agency must comply with the one-for-one
replacement of housing requirements of Section I 04( d) of the HCD Act, as amended. The
implementing regu1atìons are found at 24 CFR Part 42, and for CDBG funds at 24 CFR Part
570.606,
7.
AFFIRMATIVE MARKETING
A, Federal Marketing Requirements. Each Agency must adopt affmnative marketing procedures and
requirements for projectS conlaining 5 or more housing units funded with CDBG and/or HOME
funds. Affirmative marketìng steps consist of actions to provide information and otherwise attract
eligible persons from all racial, ethnic, and gender groups in the housing market area to the available
housing, (The affirmative marketing procedures do not apply to families with housing assistance
provided by the Public Housing Authority or families with tenant based renlal assistance provided
with HOME funds.) The County will annually assess the Agency's affmnatìve marketìng program to
deternùne the success of affirmative marketing actions and any necessary corrective actions.
B, The affirmative marketing requirements and procedures adopted must include:
1. Methods for infornùng the public, owners, and potential tenants about federal fair housing laws
and the use of the Equal Housing Opportunity logotype or slogan in press releases and solici-
tations for owners, and written conununication to fair housing and other groups;
2. Requirements and practìces the Agency must adhere to in order to carry out the participating
jurisdiction's affmnatìve marketìng procedures and requirement (e.g., use of conunercial media,
use of conununity conlacts, use of the Equal Housing Opportunity logotype or slogan, and display
of fair housing poster);
3. Procedures to be used by the Agency to inform and solicit app1icatìons from persons in the
housing market area who are not likely to apply for the housing without special outreach (e.g"
use of community organizations, places of worship, employment centers, fair housing groups, or
housing counseling agencies);
4. Reeords must be kept describing actions laken by the Agency to affirmatively market units and
records to assess the result as of these actions; and
5. A descriptìon of how the Agency will assess the success of affirmati ve marketìng actions and
what corrective actions will be taken where affirmative marketing requirements are not met.
8.
ENVIRONMENTAL REVIEW
Hazardous Substances. The Agency shall not, without fust obtaining the County's prior written approval,
generate, release, spill, store, deposit, transport, or dispose of (collectively "Release") any hazardous
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substances, sewage, petroleum products, radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any pollutants, or substances defined as
hazardous or toxic in accordance with applicable federal, state, and local laws and regulations in any
reportable quantities ("Hazardous Substances") in or about the Premises except for commercial cleaning
supplies which shall be handled in accordance with all applicable federal, state, and local laws and
regulations. In the event, and only in the event, the County approves such Release of Hazardous
Substances on the Premises, the Agency agrees that such Release shall occur safely and in compliance
with all applicable federal, state, and local laws and regulations.
The Agency shall indemnify, hold hamúess, and defend the County from any and all claims, liabilities,
lossès, damages, clean up costs, response costs, and expenses, including reasonable attorney's fees arising
out of or in any way related to any Release by the Agency, or any of its agents, representatives, or
employees, or the presence of such Hazardous Substances in, on or about the Premises occurring at any
time after the commencement date of this Contract.
CapitaIPfOjects using federal funds sbàIl also comply with subsectionSB, C and D:
A. Nationå.I Environmental Policy Act. 'ti\é County retains environmental review responsibility for
purposes of fulfilling requirements of the National Environmental Policy Act as implemented by
HUD Environmental Review Procedùres (24 CPR Part 58) and the Federal laws and authorities
identified therein. The Agency shall be solely responsible for the cost of compliance with all such
Federal laws and authorities including the cost of preparing plans, studies, reports and the publication
of notices that may be required.
B. National Flood Insurance. The use of CDBG and HOME funds for acquisition or construction
purposes in identified special flood hazard areas shall be subject to Agency mandatory purchase of
flood insurance as required by Section 1O2(a) of the Flood Disaster Protection Act of 1973 (Pub L.
93-237).
C Lead Based Paint. The Agency shall comply with the Lead-Based Paint Poisoning Prevention Act
(42 USC 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 USC
4851-4856), and implementing regulations at 24 CPR Part 35, subparts A, B, J, K, and R. Generally,
these laws prohibit the use of lead-based paint (whenever funds under this Contract are used directly
or indirectly for construction, rehabilitation, or modernization of residential structures); require
elimination of immediate lead-based paint hazards in residential structures; and require notification of
the hazards of lead-based paint poisoning to purchasers and tenants of residential structures
constructed prior to 1978.
9.
ACCESSIBILITY
Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to this
Contract are subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C 4151 - 4157)
and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CPR Part 40 for
residential structures, and Appendix A to 41 CPR Parts 101-19 and subpart 101-19.6 for general type
building). When applicable, certain multifamily housing units designed and constructed for first
occupancy after March 13, 1991, with assistance provided under this Contract must comply with the Fair
Housing Accessibility Guidelines, 24 CPR Part 100 as amended.
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10.
LABOR STANDARDS
For projects using HOF Cunds, Agencies shall comply with the Collowing:
A. State Prevailing Wages. Unless projects. have federal funds, all construction work must be paid at the
state prevailing wage levels.
For projects using CDBG and/or HOME Cunds, Agencies shall comply with subsections Band C:
B. Davis-Bacon ReQuirements. All construction work funded in whole or in part under this Contract
must be performed in accordance with the Davis-BaconÅct. as amended (40 USCsections 276(a)-
276(a)(5)), the Copeland" Anti-Kickback" Act, as amended (40 U.S,c. 276(c» and the Contract
Work Hours and Safety Standards Act (40 U.S.c. 327 et seq.) as further prescribed at 29 CPR Parts I,
3,5,6and7.
For projects assístèd with CDBG funds, this sèctiõn shall not apply to rehabilitation of residential
property.deSign~ f~r residential usè by less than eight units. For projects assisted with HOME funds,
this Section shall not apply to rehabilitation of rental property consisting of less than twelve units. A
copy of the current Davis-Bacon wages must be included in all construction bid specifications,
contracts, and/or subcontracts over $2,000.
C. Use of Volunteers. The Agency shall obtain the written approval of the County prior to allowing any
volunteers to perform construction work on a project assisted under this Contract
11.
EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS
Capital Projects using CederaI Cunds shall comply with subsections A and B:
A. Section 3 Requirements. The work to be performed under this contract may be subject to the
requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.c. 1701u (section 3). The purpose of section 3 is to ensure that employment and other econolIÛc
opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to
the greatest extent feasible, be directed to Iow- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing,
B. Section 3 Criteria for CaDital Proiects, As .sct forth in the HCD Plan, Section 3 regulations found at
24 CPR Part 135.38 apply to all Scopes which meet all three of the following criteria:
1. The Scope must include $200,000 or more in total HUD funds from one or more program years;
and
2. The Scope must include construction or rehabilitation work as a task that will be funded in full or
in part with the HUD funds; and
3. The construction or rehabilitation work that will be funded must have a contract value, which
exceeds $ 100,000. That actual contract value of construction or rehabilitation work is the
determining factor, not a cost estimate.
Additionally, Section 3 regulations are applicable to project Scope(s), which do not itútially meet the
above criteria but which are amended so as to add funds or change the activities for which the funds
are used. Section 3 regulations do not apply to projects which include $200,000 or more in HUD
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3-3Lf
funds when the funds are being used for acquisition and/or professional services only and not for
construction or rehabilitation work.
12.
NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING
No agency, developer or sponsor (or officer, employee, agent or consultant of the owner, developer or
sponsor) whether private, for profit or nonprofit (including a community housing development
organization (CHDO) when acting as an owner, developer or sponsor) may occupy a COBa, HOME,
HOF or eX-assisted affordable housing unit in a project. This provision does not apply to an owner-
occupant of single family housing or to an employee or agent of the owner or developer of a rental
housing project who occupies a COBa, HOME,HOF or CX-assisted unit as the project manager or
maintenance worker.
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PROJECT SCOPE OF SERVICES NO.1
Project No.: C03375 Start Date: 1/1/2003
Project Title: Federal Way CDBG Program Administration End Date: 12/31/2003
Contract No,: O32190D Tennination Date: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kellLodonnell@cLfederal-
way,wa,us
City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
Development Block Grant funds to perfonn the activities specified below. Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules
and regulations, as are now in effect or may be hereafter amended,
1)
Project Summary
The City shall use CDBG funds to plan and administer the City's CDBG projects in accordance with the
CDBG ¡CA.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
below. The total amount of reimbursement pursuant to this Scope shall not exceed $64,771.00.
A. County Funds
King County Community Development Block Grant - $64,771.00
Pass-through City Funds
Total County Funds: $64,771.00
B. Line Item Budget
Personnel Services (detail below) $60,921.00
Office or Operating Supplies $250.00
Consultant or ~urchased Services
Communications $1,300.00
Travel and Training $2,300,00
Other (specify below):
Total County Funds: $64,771.00
B. Personnel Detail
Position Title Position Full Time Annual Salary CDBG Funds
Equivalent a!ld Benefits
CDBG Coordiuator I HE $60,256,00 $60,256,00
Administrative Assistant ,03 HE $22,397.00 $665.00
Total: $82,653.00 $60,921.00
Project Scope of Services No. I - Page I
'3-3{P
3)
Project Requirements
The City agrees to perform the following services:
a) Meet with HCD staff in the first quarter of 2003 for training on the HCD Plan's citizen participation
requirements, assessing projects for eligibility and other subjects of interest identified by City staff;
b) Participate in or assist in conducting at least one of the following CDBG Consortium meetings or
workshops:
. Regional Community Facility Preapplication Workshop
Public meeting on Consolidated Annual Performance Evaluation Report
Working group to prepare recommendations for allocating Consortium-wide Program Income
HOME Working Group
Working group to monitor the performance of the Housing Stability Project and make
recommendations for future years
Working group to provide input on the Consortium's Fair Housing Action Plan
Working group to provide input on the Safe Harbors data system; or
. Working group to develop guidelines for and to rank McKinney homeless funding applications.
c) Ensure CDBG Joint Agreement for 2003-2005 with King County and the King County HOME
InterIocal Cooperation Agreement are followed;
d) Submit completed Pass-through City Certification Form for 2003 to the County by April 30, 2003;
e) Publicize and conduct a public meeting prior to City Council action approving allocation of CDBG
funds to projects, The City shall publish a public notice to advertise the meeting in a newspaper of
general circulation at least two weeks prior to the public meeting, The notice shall include a brief
description of the projects proposed for funding, information on where citizens may obtain detailed
information about the proposed projects and information indicating that citizens may comment on or ask
questions about the proposed projects at the public meeting,
The public meeting shall include an opportunity for citizens to comment on and ask questions about the
projects the City proposes to fund.
The City shall provide copies of the following documents to the County after the public meeting:
Public notice and affidavit of publication;
Public meeting agenda and commission, committee or staff report, if any;
Minutes documenting Council action;
Written comments submitted by citizens at the meeting;
Summary of comments made orally by citizens at the meeting, if any; and
Documentation showing that the City considered comments (such as correspondence or minutes),
.
f) Notify the County of minor changes, amendments and substantial changes to City funded projects
listed in the Consortium's 2003 Action Plan and, if applicable Action Plans from prior years. Minor
changes, amendments, and substantial changes are defined in the HCD Plan.
Project Scope of Services No, 1 - Page 2
"'3-01
The City shall notify the County in writing of minor changes at least 14 days prior to implementation,
Minor changes that require further environmental review or compliance with other regulations such as
the URA, may not be implemented prior to the County confirming that applicable regulatory
requirements have been met.
The City shall notify the County of amendments and substantial changes prior to publishing a public
notice in a newspaper of general circulation indicating the change and any proposed 'new' use of funds,
The public notice for amendments shall be published at least 14 days prior to Council action, The public
notice for substantial changes shall be published at least 30 days prior to Council action. The City shall
provide copies of the following documents to the County after Council approval of each amendment and
substantial change:
Public notice and affidavit of publication;
. Staff report, if any, and Council meeting minutes approving the amendment or substantial change;
Written comments submitted by citizens regarding amendments and substantial changes, if any;
. A summary of comments made orally by citizens regarding amendments and substantial changes at
meetings, if any; and
Documentation showing that the City considered comments (such as correspondence or minutes),
g) Provide information to interested citizens, organizations and public officials regarding the City's
CDBG funded activities and the City's process and criteria for awarding CDBG funds;
h) Respond to comments and questions regarding projects assisted with the City's CDBG funds and
. provide copies to the County;
i) Provide technical assistance to nonprofit organizations and other agencies proposing projects for
City CDBG funding prior to Council approval in order to ensure that proposals comply with CDBG
Program Regulations and are consistent with the HCD Plan;
j) Submit completed Summary Sheet and project applications, in formats approved by the County, by
September 22, 2003, Project applications shall be accompanied by records required to document
compliance with CDBG Program Regulations and Consolidated Plan policies applicable to each project.
Such records include, but are not limited to, those required by 24 CFR Part 570.208 to document the
national objective for each project; and
k) If the City allocates CDBG funds for Service Projects that are subcontracted to nonprofit
organizations, the City shall monitor perfonnance under each such subcontract at least once every two
years and prepare a written monitoring report in a format approved by the County. The City shall submit
a copy of each monitoring report to the County with its Final Voucher Request. Such monitoring shall
include at a minimum reviewing Implementing Agency records to ensure compliance with the
subcontract provisions required under Part I, Section 18 and the record keeping provisions required
under section 4 of each Service Project Scope.
4)
Records
The City shall maintain files for this project containing the following items:
L Motions, resolutions, and minutes documenting City Council actions relating to the City's CDBG
Pass-through funds.
Project Scope of Services No. I - Page 3
3-3'6
2. Correspondence regarding budget revision requests.
3, Copies of all invoices and reports submitted to the County for this project.
4. Bills for payment.
5, Copies of approved invoices and warrants,
6. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87, Such records include, but are not limited to:
For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time
sheets must be signed by a supervisor and annotated to document percent of time charged against
this project if less than full time;
For staff travel, documentation of mileage charges for private auto; and
For copy machine use, postage, telephone use, and office supplies when these costs are
shared with other programs and no invoice is available, log sheets or annotated invoices,
7, Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
8. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
5)
Compensation
Total amount ofpayrnents pursuant to this Project Scope shall not exceed $64,771.00. The Agency shall
be paid twenty-five percent (25%) $16,192.75, of the total contract compensation quarterly, subject to
the following tenns and conditions:
The quarterly voucher invoice shall be accompanied by all reports which fall due during the billing
period according to the requirements listed in 3 a - k, The Program Accomplishment Fonn should
include a brief narrative listing activity (ies), dates and times the city has chosen to participate in to
comply with Project Requirements listed in 3 a - k, (Le, participated on HOME work group by attending
a meeting(s) held).
Quarter
Milestones
1 st Quarter January - March:
2002 Project Completion Fonn;
2nd Quarter April- June:
Specific Reports - Section 3 d)
3rd Quarter July - September:
Specific Reports - Section 3 e) Section 3 j)
4th Quarter October - December:
(due by January 9,2004)
Final Voucher Request
Public Service Project Monitoring Report(s)
Project Scope of Services No. I - Page 4
"3 - ;31
6)
Invoices and Reports
The City shall submit invoices to the County within 20 business days after the end of the first, second
and third quarters, The City shall submit its final invoice to the County in accordance with Part I,
Section 3c. The City shall submit invoices to the County in the fonn of a CDBG Program Voucher
Reimbursemeut Request Form, which will be provided by the County. Such fonns shall be signed by
an authorized representative of the City.
The City shall submit with each invoice a completed Program Accomplishment Fonn.
Project Scope of Services No.1 - Page 5
3 -LID
PROJECT SCOPE OF SERVICES NO.2
Project No.: C03389 Start Date: 1/1/2003
Project Title: Federal Way Domestic Violence Victims Advocate End Date: 12/31/2003
Contract No,: D32191D Termination Date: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kelli.odonnell@ci.federal-way.wa.us
City of Federal Way (hereinafter referred to as "tbe City") shall utilize King County Community
Development Block Grant funds to perform the activities specified below. Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules
and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to provide 853 hours of advocacy and 30 referrals to shelter for 355
unduplicated persons. CDBG-funded support will include personnel services (0.4 FTE) and associated
purchased services to support a part-time legal advocate serving victims of domestic violence within the
city of Federal Way. The advocate serves as a victim's guide through the legal system. The goals of the
program are to aid in safety planning for victims, collect informatiO/) relevant to the persecution of
defendant barterers, and direct victims to other service agencies for needed assistance,
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed
$20,000.00.
A. County Funds
King County Community Development Block $20,000.00
Grant - Pass-through City Funds
Total County Funds: $20,000.00
B. Line Item Budget
Personnel Services (detail below) $20,000.00
Office or Operating Supplies
Consultant or Purchased Services
Construction Contracts
Communications
TrayeI and Training
Other (specity below):
Total County Funds: $20,000.00
C. Personnel Detail
Position Title Position Full Time Annual Salary and CDBG Funds
Equivalent Benefits
DV Advocate .40 FTE $20,000.00 $20,000.00
Total: .40 FTE $20,000,00 $20,000.00
Project Scope of Services No.2 - Page 1
3-L/1
3)
Performance Measures
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
1" 20' 3"' 4"
Quarter Quarter Quarter Quarter Total in
JAN.- APRlL- JULY- 0Cf.- Year 2003
MARCH JUNE SEPT. DEC.
No. of un duplicated persons assisted 89 89 89 88 355
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
1" 2" 3"' 4"
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL- JULY- 0Cf.- Year 2003
MARCH JUNE SEPT. DEC.
Hours of advocacy 213 213 213 214 853
Referrals to shelter 7 7 8 8 30
C.
Definition of Services
Hours of adyocacy: Represents hours of service given to clients.
Referrals to shelter: When appropriate, an advocate will arrange for a client to enter a domestic violence
shelter.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests,
5, Copies of all invoices and reports submitted to the County for this project
6. Bills for payment.
7. Copies of approved invoices and warrants,
Project Scope of Services No.2 - Page 2
3" -Lf L
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-122 for nonprofit organizations,
Such records include, but are not limited to:
For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project ifiess than full time;
For staff travel, documentation of mileage charges for private auto use must include: a) odometer
reading at beginning and end of trip, b) destination and starting location, and c) purpose of trip; and
For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9, Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts,
10, Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in. the King County CDBG
Consortium:
AIgona Federal Way Redmond
Beaux Arts Hunts Point Renton
Black Diamond Issaquah Sammamish
Bothell Kenmore Shoreline
Burien Kirkland Skykomish
Camation Lake Forest Park Snoqualmie
Clyde Hill Maple Valley Tukwila
Covington Mercer Island Woodinville
Des Moines Newcastle Yarrow Point
Duvall North Bend Unincorporated King County
Enumclaw Pacific
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
Invoices
The City shall submit invoices to the County within 20 business days after the end of the first, second
and third quarters, The City shall submit its final invoice to the County in accordance with Part I,
Section 3c. The City shall submit invoices to the County in the form of a CDBG Program Voucher
Reimbursement Request Form, which will be provided by the County. Such forms shall be signed by
an authorized representative of the City,
Project Scope of Services No, 2 - Page 3
3 -'-(5
6)
Reports
The City shall collect and report client information to the County quarterly and annually on a Program
Accomplishment form, in a format provided by the County,
The City shall submit with the final invoice a Project Funding Report form, in a format provided by
the County, itemizing all funding used for the project.
Project Scope of Services No, 2 - Page 4
3-L/~
PROJECT SCOPE OF SERVICES NO.3
Project No,: C03393 Start Date: 1/1/2003
Project Title: Federal Way CHCKC Dental Support End Date: 12/31/2003
Contract No.: D32192D Tennination Date: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kelli.odonnell@ci.federaI-way.wa,us
City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
Development Block Grant funds to perfonn the activities specified below. Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules
and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to provide 112 dental visits for 51 unduplicated persons through a
subcontract with Community Health Centers of King County (CHCKC).
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed
$11,000.00.
A. County Funds
King County Community Development Block Grant - $11,000.00
Pass-through City Funds
Total County Funds: $11,000.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $11,000.00
Construction Contracts
Communications
Trayel and Training
Other (specify below):
Total County Funds: $11,000.00
3)
Performance Measures
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
I" 20' 3'" 4"
Quarter Quarter Quarter Quarter Total iu
JAN.- APRIL- JULY- OCT.- Year 2003
MARCH JUNE SEPT. DEe.
No. of un duplicated persons assisted 20 15 10 6 51
Project Scope of Services No.3 - Page I
--s - ~_S
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
1" 2"' 3" 4"
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL- JULY- OCT,- Year 2003
MARCH JUNE SEPT. DEe.
Dental visits to Federal Way clients 28 28 28 28 112
C.
Definition of Services
Dental Visits: Dental visits provided to individuals living in Federal Way.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
L Notice of Grant Award,
2, Motions, resolutions, or minutes documenting Board or Council actions,
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6, Bills for payment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-122 for nonprofit organizations,
Such records include, but are not limited to:
For personnel costs, payroll time sheets for aclual salary and fringe benefit costs, Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project ifless than full time;
For staff travel, documentation of mileage charges for private auto use must include: a) odometer
reading at beginning and end of trip, b) destination and starting location, and c) purpose of trip; and
For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9, Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
Project Scope of Services No.3 - Page 2
3-'-f~
10. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
tó residents of the following jurisdictions that are participating in the King County CDBG
Consortium:
Algona Federal Way Redmond
Beaux Arts Hunts Point Renton
Black Diamond Issaquah Sammamish
Bothell Kenmore Shoreline
Burien Kirkland Skykomish
Carnation Lake Forest Park Snoqualmie
Clyde Hill Maple Valley Tukwila
Covington Mercer Island Woodinyille
Des Moines Newcastle Yarrow Point
Duvall North Bend Unincorporated King County
Enumclaw Pacific
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
12. Documentation of client income, The City will ensure that the agency shall screen all clients
served with funds provided under this Contract and maintain records documenting that at least 5 I % of
the total number of clients served do not have a gross annual family income in excess of the limits
specified in the below Income Guidelines for Moderate Income Households (80% and below of
median) with the applicable number of Persons Per Household.
Adjusted gross income as defined by the Internal Revenue Service Fonn 1040 shall be used to detennine
persons' or households' income. The following methods may be used to detennine income eligibility:
IRS income tax return;
Client income certification on a fonn approved by the County; or
Documentation of qualification for participation in a "means-tested" federal or state program
at least as restrictive as CDBG with regard to Income Guidelines.
2002 INCOME GUIDELINES
Persons Per Household
1 2 3 4 5 6 7 8
Moderate Income $38,100 $43,500 $48,950 $54,400 $58,750 $63,100 $67,450 $71,800
(below 80% of
median)
Low Income (below $27,250 $31,150 $35,050 $38,950 $42,050 $45,200 $48,300 $51,400
50% of median)
Extremely Low $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
Income (below 30%
of median)
Project Scope of Services No, 3 - Page 3
~~Yl
Income guidelines may be adjusted periodically by HUD. The City agrees to use updated Income
Guidelines which will be provided by the County.
5)
Invoices
The City shall submit invoices to the County within 20 business days after the end of the first, second
and third quarters. The City shall submit its final invoice to the County in accordance with Part I,
Section 3C. The City shall submit invoices to the County in the fonn of a CDBG Program Voucher
Reimbursement Request Form which will be provided by the County. Such fonns shall be signed by
an authorized representative of the City.
6)
Reports
The City shall collect and report client infonnation to the County quarterly and annually on a Program
Accomplishment form, in a fonnat provided by the County.
The City shall submit with the final invoice a Project Funding Report form, in a fonnat provided by
the County, itemizing all funding used for the project
7)
Subcontracted Services
The City shall execute written agreements with each agency with which it subcontracts to provide
services (hereinafter "Implementing Agency") and shall incorporate into such subcontracts all applicable
provisions of this Contract
The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs
paid by the City for goods, materials or services already provided. The City shall invoice the County
after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing
Agency's invoice with the invoice submitted to the County. The City shall ensure that all costs for which
the Implementing Agency requests reimbursement are àllowable in accordance with OMB Circular A-
122 for an Implementing Agency that is a nonprofit corporation or OMB Circular A-87 for an
Implementing Agency that is a municipal corporation or an agency of the State of Washington.
If the Implementing Agency expends $300,000 or more in Federal funds annually, the City agrees to
ensure that the nonprofit agency is audited in compliance with OMB Circular A-B3 (Audits of States,
Local Governments, and Nonprofit Organizations), The City shall review audit reports submitted by the
nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are
resolved within six months of the date of the audit report.
Project Scope of Services No.3 - Page 4
3-<i~
PROJECT SCOPE OF SERVICES NO.4
Project No,: C03406 Start Date: 1/1/2003
Project Title: Federal Way YMCA CARES Child Care End Date: 12/31/2003
Subsidy Program Support
Contract No,: D32I93O TenninationDate: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kelli.odonnell@ci.federal-way,wa.us
City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
DeyeIopment Block Grant funds to perfonn the activities specified below. Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, stallltes, rules
and regulations, as are now in effect or may be hereafter amended,
1)
Project Summary
The City shall use CDBG funds to provide 248 childcare days for 38 low- and moderate-income
residents within the service area of the Federal Way Public Schools, through a subcontract with the
Federal Way NonnanCenter YMCA. CDBG funds will support the CARES Childcare Subsidy
Program, which provides financial relief for low- and moderate-income families in need of affordable
before- and after-school childcare.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed
$39,140.00,
A. County Funds
King County Community Development Block Grant - Pass- $39,140.00
through City Funds
Total County Fuuds: $39,140.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $39,140.00
Construction Contracts
Communications
Travel and Training
Other (specify below):
Total County Funds $39,140.00
Project Scope of Services No, 4 - Page I
3-Y,
3)
Performance Measures
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
I" 2"' 3'" 4"
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY- OCf.- Year
MARCH JUNE SEPT. DEe. 2003
No. of un duplicated persons assisted 10 9 9 10 38
A.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
I" 2" 3" 4"
Quarter Quarter Quarter Quarter Totaliu
JAN.- APRIL- JULY- 0Cf.- Year 2003
MARCH JUNE SEPT. DEe.
Child Care Days 500 500 500 500 2,000
c.
Definition of SerVices
Child care days: The number of days care is provided out of the total number of days care is available
during the reporting period.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
I. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions,
3. A copy of this Scope and the County's notice to proceed on this project.
4, Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants,
Project Scope of Services No.4 - Page 2
3~50
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-122 for nonprofit organizations.
Such records include, but are not limited to:
. For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project ifIess than full time;
. For staff travel, documentation of mileage charges for private auto use must include: a) odometer
reading at beginning and end of trip, b) destination and starting location, and c) purpose of trip; and
. For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
10. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in the King County CDBG
Consortium:
Algona Federal Way Redmond
Beaux Arts Hunts Point Renton
Black Diamond Issaquah Sammamish
Bothell Kerunore Shoreline
Burien Kirkland SkYkomish
Carnation Lake Forest Park SnoquaImie
Clyde Hill Maple Valley TukwiIa
Covington Mercer Island Woodinville
Des Moines Newcastle Yarrow Point
Duvall North Bend Unincorporated King County
Enumclaw Pacific
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
12. Documentat.ion of client income, The City will ensure that the Agency shall screen all clients
served with funds provided under this Contract and maintain records documenting that each client
served does not have a gross annual family income in excess of the limits specified in the below
Income Guidelines for Moderate Income Households (80% and below of median) with the applicable
number of Persons Per Household.
Adjusted gross income as defined by the Internal Revenue Service Form 1040 shall be used to determine
persons' or households' income, The following methods may be used to determine income eligibility:
.
IRS income tax return;
Client income certification on a form approved by the County; or
Project Scope of Services No.4 - Page 3
--:s- --5/
Documentation of qualification for participation in a "means-tested" federal or state
program at least as restrictive as CDBG with regard to Income Guidelines.
2002 INCOME GUIDELINES
Persons Per Household
1 2 3 4 5 6 7 8
Moderate Income $38,100 $43,500 $48,950 $54,400 $58,750 $63,100 $67,450 $71,800
(below 80% of
median)
Low Income $27,250 $31,150 $35,050 $38,950 $42,050 $45,200 $48,300 $51,400
(below 50% of
median)
Extremely Low $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
Income
(below 30% of
median)
Income guidelines may be adjusted periodically by HUD. The City agrees to use updated Income
Guidelines which will be provided by the County.
5)
Invoices
The City shall submit invoices to the County within 20 business days after the end of the first, second
and third quarters. The City shall submit its fmal invoice to the County in accordance with Part 1,
Section 3c. The City shan submit invoices to the County in the form of a CDBG Program Voucher
Reimbursement Request Form which wiII be provided by the County, Such forms shall be signed by
an authorized representative of the City.
6)
Reports
The City shall collect and report client information to the County quarterly and annually on a Program
Accomplishment form, in a format provided by the County.
The City shall submit with the final invoice a Project Funding Report form, in a format provided by
the County, itemizing all funding used for the project.
7)
Subcontracted Services
The City shall execute written agreements with each agency with which it subcontracts to provide
services (hereinafter "Implementing Agency") and shall incorporate into such subcontracts all applicable
provisions of this Contract.
The City shall invoice the County for due and payableinyoices of the Implementing Agency or for costs
paid by the City for goods, materials or services already provided. The City shall invoice the County
after the Implementing Agency has invoiced the City, The City shall include a copy of the Implementing
Agency's invoice with the invoice submitted to the County. The City shall ensure that all costs for
which the Implementing Agency requests reimbursement are allowable in accordance with OMB
Circular A- 122 for an Implementing Agency that is a nonprofit corporation or OMB Circular A-87 for an
Implementing Agency that is a municipal corporation or an agency of the State of Washington,
If the Implementing Agency expends $300,000 or more in Federal funds annually, the City agrees to
ensure that the nonprofit agency is audited in compliance with OMB Circular A-133 (Audits of States,
Project Scope of Services No.4 - Page 4
3-sz-
Local Governments, and Nonprofit Organizations), The City shall review audit reports submitted by the
nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are
resolved within six months of the date of the audit report.
Project Scope of Services No, 4 - Page 5
~~S5
PROJECT SCOPE OF SERVICES NO.5
Project No,: C03257 Start Date: 11112003
Project Title: Federal Way Emergency Feeding Program End Date: 12/31/2003
Contract No.: D31461O Termination Date: 12/31/2003
Project Manager: Wendy DeRobbio
Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kelli.odonnell@ci.federal-
way.wa.us
City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
Development Block Grant funds to perform the activities specified below, Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules
and regulations, as are now in effect or may be hereafter amended.
I)
Project Summary
The City shall use CDBG funds to provide nutritionally balanced and culturally sensitive food packs to
320 Federal Way residents in emergency hunger situations through a sub-contract with Emergency
Feeding Program.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed $5,000,00.
A. County Funds
King County Community Development Block Grant - $5,000.00
Pass-through City Funds
Total County Funds: $5,000.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $5,000.00
Construction Contracts
Communications
Travel and Training
Other (specify below):
Total County Funds $5,000.00
C. Personnel Detail
Position Title Position Full Time Annual Salary' and CDBG Funds
Equivalent Benefits
Operations Coordinator .16 $31,342.88 $5,000,00
Total .16 $31,342.88 $5,000.00
Project Scope of Services No, 5 - Page I
3--5H
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
I" 2" 3'" 4"
Quarter Quarter Quarter Quarter Total iu
JAN.- APRlL- .J{JLy- OCT.- Year 2003
MARCH .JUNE SEPT. DEC.
No. of un duplicated persons assisted 80 80 80 80 320
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
I" 2.' 3'" 4"
Quarter Quarter Quarter Quarter Total in
JAN.- APRlL- .J{JLy- OCT.- Year 2003
MARCH .JUNE SEPT. DEC.
Meals 448 448 448 448 1,792
c.
Definition of Services
Meals = Total number of meals provided to unduplicated service recipients.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
I. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5, Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7, Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A- I 22 for nonprofit organizations.
Such records include, but are not limited to:
Project Scope of Services No.5 - Page 2
3-55
For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project if less than full time;
For staff travel, documentation of mileage charges for private auto use; and ,
For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
10, Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in the King County CDBG
Consortium:
Algona
Beaux Arts
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
Enumclaw
Federal Way
Hunts Point
Issaquah
Kenmore
Kirkland
Lake Forest Park
Maple Valley
Mercer Island
Newcastle
North Bend
Pacific
Redmond
Renton
Sammamish
Shoreline
SkYkomish
Snoqualmie
TukwiIa
Woodinville
Yarrow Point
Unincorporated King County
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
5)
Invoices
The City shall submit invoices to the County within 20 business days after the end of the first, second
and third quarters. The City shall submit its final invoice to the County in accordance with Part I,
Section 3C. The City shall submit invoices to the County in the form of a CDBG Program Voucher
Reimbnrsement Request Form which will be provided by the County, Such forms shall be signed by
an authorized representative of the City.
6)
Reports
The City shall collect and report client information to the County quarterly and annually on a Program
Accomplishment form, in a format provided by the County,
The City shall submit with the final invoice a Project Funding Report form, in a format provided by
the County, itemizing all funding used for the project.
Project Scope of Services No.5 - Page 3
3-5L
PROJECT SCOPE OF SERVICES NO.6
Project No.: C03258 Start Date: 1/1/2003
Project Title: Federal Way Senior Center, Adult Day Care End Date: 12/31/2003
Contract No,: D31462D Tènnination Date: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kelli.odonnell@ci.federal-way.wa.us
The City of Federal Way (hereinafter referred to as "the City") shall utilize King County
Community Development Block Grant funds to perfonn the activities specified below, Such services
shaIl be provided in a manner which fully complies with all applicable federal, state and local laws,
statutes, rules and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shaIl use CDBG funds to provide adult day care for low-income senior citizens experiencing
dementia/Alzheimer disease through a sub-contract with Federal Way Senior Center.
2)
Project Budget
The City shall apply the foIlowing County funds to the project in accordance with the Line Item Budget
Summary below, The total amount of reimbursement pursuant to this Scope shall not exceed
$12,500,00.
A. County Funds
King County Community Development Block Grant - Pass- $12,500.00
through City Funds
Total County Funds: $12,500.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $12,500.00
Construction Contracts
Communications
Travel and Training
Other (specify below):
Total Connty Funds: $12,500.00
C. Personnel Detail
Position Title Position FuIl Time Annual Salary CDBG Funds
Equivalent and Benefits
Adult Day Care Coordinator .67 $18,720.00 $12,500.00
Total: .67 $18,720.00 $12,500.00
Project Scope of Services No.6 - Page 1
3-31
3)
Performance Measures
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
I" 2" 3" 4"
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL- JULY- OCT.- Year 2003
MARCH JUNE SEPT. DEC.
No. ofunduplicated persons assisted 3 2 I 0 6
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
I" 2" 3" 4'"
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL- JULY- OCT.- Year 2003
MARCH JUNE SEPT. DEC.
Days of Care 102 292 356 324 1,074
C.
Definition of Services
Days of Care = The total number of days of care provided to the unduplicated persons assisted.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions,
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests,
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local goverrunents and A-122 for nonprofit organizations.
Such records include, but are not limited to:
Project Scope of Services No.6 - Page 2
:} --5ß
For personnel costs, payroll time sheets for actual salary and fringe benefit costs, Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project if less than full time;
. For staff travel, documentation of mileage charges for private auto use; and
For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts,
10, Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
II. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in the King County CDBG
Consortium:
AIgona
Beaux Arts
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Coyington
Des Moines
Duyall
EnumcIaw
5)
Invoices
Federal Way
Hunts Point
Issaquah
Kenmore
Kirkland
Lake Forest Park
Maple Valley
Mercer Island
Newcastle
North Bend
Pacific
Redmond
Renton
Sammamish
Shoreline
Skykomish
SnoquaImie
Tukwila
Woodinville
Yarrow Point
Unincorporated King County
The City shall submit invoices to the County within 20 business days after the end of the first, second
and third quarters, The City shall submit its final inyoice to the County in accordance with Part 1,
Section 3C. The City shall submit invoices to the County in tile fonn of a CDBG Program Voucher
Reimbursement Request Form which will be provided by the County. Such fonns shall be signed by
an authorized representatiye of the City.
6)
Reports
The City shall collect and report client infonnation to the County quarterly and annually on a Program
Accomplishment form, in a fonnat provided by the County,
The City shall submit with the final invoice a Project Funding Report form, in a fonnat provided by
the County, itemizing all funding used for the project.
Project Scope of Services No.6 - Page 3
3-51
PROJECT SCOPE OF SERVICES NO.7
Project No. C03259 Start Date: 1/1/2003
Project Title: Federal Way PACT End Date: 12/31/2003
(Parents and Children Together)
Contract No.: 0314630
Project Manager: Wendy DeRobbio Tennination Date: 12/31/2003
Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kelli,odonnell@.ci.federal-
way.wa.us
The City of Federal Way (hereinafter referred to as "the City") shall utilize King County
Community Development Block Grant funds to perfonn the activities specified below. Such services
shall be provided in a manner which fully complies with all applicable federal, state and local laws,
statutes, rules and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to provide in-home counseling, skill building and support services to
high risk children and their families in Federal Way through a sub-contract with Institute for Family
Development.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed $8,000.00.
A. County Funds
King County Community Development Block Grant - Pass- $8,000.00
through City Funds
Total County Funds: $8,000.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $8,000,00
Construction Contracts
Communications
Travel and Training
Other (specitÿ below):
Total County Funds: $8,000.00
B. Personnel Detail
Position Title Position Full Time Annual Salary and CDBG Funds
Equivalent Benefits
In-Home Therapist .10 $42,310.02 $4,23 1.40
Program Manager/Supervisor .02 $51,176.14 $1,023.68
Secretary .02 $27,423.73 $548.02
Data Manager .008 $33,269,72 $266.64
Project Scope of Services No.7 - Page I
3:io
I Total:
.148
$154,179.61 I
$6,069.741
3)
Performance Measures
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
I" 2"' 3" 4"
Quarter Quarter Quarter Quarter Total iu
JAN.- APRIL- JULY- OCf.- Year 2003
MARCH JUNE SEPT. DEC.
No. of un duplicated persons assisted 2 2 3 I 8
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
1" Quarter 2"' 3'" 4"
JAN.- Quarter Quarter Quarter Total in
MARCH APRlL- JULY- OCf.- Year 2003
JUNE SEPT. DEe.
Hours in In-Home Family Counseling, 20 60 40 20 140
Skill Building, Support Hours
C.
Definition Services
Total number of client service hours includes individual and family counseling, skill building, support,
advocacy, travel time, collateral and documentation,
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
I, Notice of Grant A ward.
2, Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests,
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
Project Scope of Services No.7 - Page 2
3-~1
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-122 for nonprofit organizations,
Such records include, but are not limited to:
.
For personnel costs, payroll time sheets for actual salary and fringe benefit costs, Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project if less than full time;
For staff travel, documentation of mileage charges for private auto use; and
For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
10, Documentation required by this Contract if any' funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in the King County CDBG
Consortium:
Algona Federal Way Redmond
Beaux Arts Hunts Point Renton
Black Diamond Issaquah Sammamish
Bothell Kenmore Shoreline
Burien Kirkland Skykomish
Carnation Lake Forest Park SnoquaImie
Clyde Hill Maple Valley Tukwila
Covington Mercer Island Woodinville
Des Moines Newcastle Yarrow Point
Duvall North Bend Unincorporated King County
Enumclaw Pacific
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
12. Documentation of client income. The City will ensure that the Agency shall screen all clients
served with funds provided under this Contract and maintain records documenting that at least 51 % of
the total number of clients served do not haye a gross annual family income in excess of the limits
specified in the below Income Guidelines for Moderate Income Households (80% and below of
median) with the applicable number of Persons Per Household,
Adjusted gross income as defined by the Internal Revenue Service Fonn 1040 shall be used to detennine
persons' or households' income. The following methods may be used to detennine income eligibility:
IRS income tax return;
Project Scope of Services No.7 - Page 3
3~L
Client income certification on a fonn approved by the County; or
Documentation of qualification for participation in a "means-tested" federal or state program
at leaSt as restrictive as CDBG with regard to Income Guidelines.
2002 INCOME GUIDELINES
Persons Per Household
1 2 3 4 5 6 7 8
Moderate Income (below $38,100 $43,500 $48,950 $54,400 $58,750 $63,100 $67,450 $71,800
80% of median)
Low Income(below 50% $27,250 $31,150 $35,050 $38,950 $42,050 $45,200 $48,300 $51,400
of median)
Extremely Low Income $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
(below 30% of median)
Income guidelines may be adjusted periodically by HUD, The City agrees to use updated Income
Guidelines which will be provided by the County,
5)
Invoices
The City shall submit invoices to the County within 20 business days after the end of the first, second
and third quarters. The City shall submit its final invoice to the County in accordance with Part I,
Section 3C, The City shall submit invoices to the County in the fonn of a CDBG Program Voucher
Reimbursement Request Form which will be provided by the County. Such fonns shall be signed by
an authorized representative ofthe City.
6)
Reports
The City shall collect and report client infonnation to the County quarterly and annually on a Program
Accomplishment form, in a fonnat provided by the County.
The City shall submit with the final invoice a Project Funding Report form, in a fonnat provided by
the County, itemizing all funding used for the project.
7)
Subcontracted Services
The City shall execute written agreements with each city with which it subcontracts to provide services
(hereinafter "Implementing City") and shall incorporate into such subcontracts all applicable provisions
of this Contract.
The City shall invoice the County for due and payable invoices of the Implementing City or for costs
paid by the City for goods, materials or services already provided. The City shall invoice the County
after the Implementing City has invoiced the City. The City shall include a copy of the Implementing
City's invoice with the invoice submitted to the County, The City shall ensure that all costs for which
the Implementing City requests reimbursement are allowable in accordance with OMB Circular A-122
for an Implementing City that is a nonprofit corporation or OMB Circular A-87 for an Implementing
City that is a municipal corporation or an city of the State of Washington.
Project Scope of Services No, 7 - Page 4
3 -Co 3
If the Implementing City expends $300,000 or more in Federal funds annually, the City agrees to ensure
that the nonprofit city is audited in compliance with OMB Circular A-B3 (Audits of States, Local
Governments, and Nonprofit Organizations). The City shall review audit reports submitted by the
nonprofit city as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are
resolved within six months of the date ofthe audit report.
Project Scope of Services No, 7 - Page 5
-:S~'1
PROJECT SCOPE OF SERVICES NO.8
Proiect No,: C02364 Start Date: 10/09/2002
Project Title: Federal Way 23'" Avenue S. Street Improvements End Date: 12/31/2003
Contract No,: 0313350 Termination Date:
12/31/2003
ProiectManager: Eric Jensen
Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: keIli.odonnell(@,ci.federaI-way.wa,us
.City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
UeveIopment Block Grant funds to perform the activities specified below. Such services shall be
. provided in a manner which fully complies with all appIicablefedçral, state and local Ia,ws, statutes, rules
and regulations, as are now in efféà or may be hereafter amended.
1)
Project Summary
The Agency shall Use CDBG funds for traffic signal and crosswalk improvements for the intersection of
23" Avenue South and South 314'" Street. Funds will be used for the installation of a fully actuated red.
yellow-green traffic signal and crosswalks on all legs of the intersection as well as removal of the existing
yellow flashing signal lights.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below, The total amount of reimbursement pursuant to this Scope shall not exceed
$195,000,00.
A. County Funds
King County Community Development Block Grant - $195,000.00
County and Small èities Funds
Total Countv Funds: $195,000.00
B. Line Item Budget .
personnel Services (detail below)
Office or Operating Supplies
Environmental Review Fees $157
Consultant or Purchased Services $37,000
Construction Contracts . $152,843
Communications
Travel and Training
Other (specify below): $5,000
Inspection
Total County Funds $195,000.00
Project Scope of Services No.8 - Page I
3~loS
3) Project Schedule
The Agency shall implement the project in accordance with the following schedule:
Task
Projected Completion Date
4) Records
A. Project Files
The Agency shall maintain files for this project containing the following items:
1, Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
8. Payroll time sheets for actual salary and funge benefit costs. Time sheets must be signed by a
supervisor and annotated to document percent oftime charged against this project ifless than full
time,
9. Documentation, such as log sheets, of copy machine use, postage, telephone use, and office supplies
when these costs are shared with other programs and no invoice is available. As an alternative,
alU1otated invoices may be used to document charges as appropriate.
10. Documentation of mileage charges for private auto use.
II. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
5) Invoicing
The Agency shall submit invoices and reports to the County in accordance with the following schedule:
Invoices shall be submitted within 10 business days after the end of each quarter in which the Agency
incurs costs reimbursed under this Contract.
The Agency shall submit invoices to the County in the fonn of a CDBG Program Voucher
Reimbursement Request fonn. Such fonns shall be signed by an authorized representative of the
Agency,
Invoices shall include copies of supporting documents
Project Scope of Services No.8 - Page 2
3-("(p
6) Reporting
a) Program Accomplishment Form Quarterly
The Agency shall submit a Program Accomplishment Fonn in a fonnat provided by the County within
ten (10) business days after the end of each quarter.
b) Project Funding Report
The Agency shall submit a Project Funding Report fonn in a fonnat provided by the County with the final
invoice.
7) County review and approval of procurement documents
The Agency shall submit!idraft of the following procurement documents to the County forreview and
approval at least fifteen (15) days prior to preparing the final version and advertising or solicÚing
responses for any type of service including, but not limited to, professional services and construction
services:
construCtion bid specifications;
invitation to bid;
request for proposals; and
request for qualifications,
The draft procurement documents shall include provisions required by this Contract. The Agency shall
specifY the location in the draft procurement document of each of the required provisions.
The Agency shall not prepare a final version of any of the above documents and advertise or solicit
responses without the written approval of the County.
8) Construction Project Requirements
The Agency shall not authorize any work under a construction contract assisted in whole or in part under
this Contract to proceed until and unless King County Housing and Community Development Program
staff have presented each prime contractor with detailed infonnation regarding compliance with CDBG
Program Regulations including, but not limited to, federal labor standards, at a preconstruction
conference.
The Agency shall include in construction bid specifications and construction contracts assisted in whole
or in part under this Contract, provisions requiring each prime construction contractor to submit a
completed King County Final Affidavit of Amounts Paid to the County. The fonn, to be provided by the
County, shall be submitted by the Agency to the County prior to the Agency's release of retain age to each
prime contractor.
The County shall retain ten percent (10%) of the amount of funds provided under this project Scope. The
County shall disburse the retained amount upon the County's verification that the Agency has complied
with the provisions of this Contract that are applicable to construction contracts,
9) Compliance with Section 7 of the Endangered Species Act - "Urban In-Fill No Effect
Determination
The County has detennined that the project which is the subject of this Scope will not affect species listed
pursuant to the Endangered Species Act. The County's determination is based on infonnation submitted
to the County by the Agency and set forth in the "Urban In-Fill No Effects Detennination" which is
attached to this project Scope and incorporated by reference into this Contract. The Agency agrees that
Project Scope of Services No.8 - Page 3
'3 -Cc ì
the information contained in the attached Detennination, including the Project Description, is accurate
(Attachment 1).
10) Project Funding Sign During Construction
The Agency shall include the following phrase on any sign erected during construction to identify funding
sources used for the project:
Funding/or thi£ project was provided by King County's Community Development Block Grant Program.
Project Scope of Services No.8 - Page 4
-S~~1S
@}
Attachment 1
KING COUNTY
IGng County ExecùtÎve
Endangered Species Act Policy
Coocdination Office
King Street Center
201 South Jackson. 7" Floor
Seattle, WA 98104-3855
(206) 296-3784
Urban In-fill No Effect Project Biological Evaluation
- Urban In-fill projects are locale(Nn highly urbanized areas whereimpetVious surfaces are extensive- and
slormwaler collection and treatmehtis established. .
Date:
August20,2002
proj:Name:
Project #:
- .. ,
Federal Way -23rd Ave. South Street ImproVêmJrit -
Project #C02364
Proj~ét Description: The proje'ctéonsists of replacing a blinking yellow crosswalk light with a
~_greén-yellow-red traffic signal. No new impervious sQrface will. be added,
Project location & proximity to-water: The project is located on 23"' Ave S at S. 314'".st in
red.eral Way (see Figure 1 &2), The distance to the neare.stbody of water, Steel Lake,is
apprÕj(imately 2,000 feet (Fig:,,3.& Fig, 4), The distance to'the nearest source of conveying
water, Mill Creek, is approximately 5,200 feet (Fig. 4), The project is located in the Hylebos
. Creek Drainage Basin (Fig. 5r- . -.
Project Action Area: The project "Action Area" includes.all areas potentially affected directly or
. ind,irectly by the proposed activities or by activities that arê.ì"iiter-related and/or interdependent
with the proposed activities. Further analysis of potential impacts to ESA-listed and proposed
species is then focused on habitats and listed species thatmay be present inside the described
Action Area. By definition, no impacts are expected to occur outside the described Action Area.
For the proposed activities, the Action Area includes all ground or pavement that may be
disturbed by construction activities and all surfaces downslope from ground-disturbing activities
as far as the stormwater containment and/or spill containÒ'1ent-barriers, whichever is further
downslope. -
Pre-Col]struction Site Conditions: The project is located in the City of Federal Way at a pre-
existing yellow crosswalk signal.
Treatment of water run-off during construction and storm water during and after
construction from the site: There is an existing 30" pipe underground conveyance system
along 23rd Ave S, On-site within the right-of-way, there is an existing storm drainage
conveyance system along 23rd Ave S. The project will be located approx. 20' next to or over the
top of an existing storm drainage conveyance system on 23rd Ave S. The project lòcation is
approx, 800' from the nearest storm drainage treatment facility, Cratsenberg Pond, Federal Way
uses King County Standards for storniwater runoff.
-S-L9,\
Date: August 20, 2002
Proj. Name: Federal Way 23rd Ave. South Street Improvement
Pr~ect#: CO2364
'location of listed species: There are no listed species within the range of effects of this
project. .
Effect Determination: This project as- described will have NO EFFECT on listed species or
their critieal habitat.
Ka~~~~
2
3-70
fJþ$/v~
,
Date
MEETING DATE: ~I,(~ le',1.V(13
ITEM#~{f.)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: ORDINANCE IMPLEMENTING MUL TIF AMIL Y LIMITED TAX EXEMPTION IN
CITY CENTER
CATEGORY:
)(CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
BUDGET IMPACT:
x
ORDINANCE
PUBLIC HEARING
OTHER
Amount Budgeted:
Expeuditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Draft proposed Ordinance to designate the residential targeted area; Staff Memo to LUTC, dated
1/21/03; Resolution No. 02-374 regarding intent to designate residential targeted area
SUM'M'ARY}BACKGRÖUN1Ebn Decemlier 5; z(jOz iheCìty Cüui1¿írpašseaRešo ¡li¡ÍonOZ:3íiO;desÍgnatìngilieCíiY
Center Core and Frame zones as a "residential targeted area" for the purposes of applying a limited property tax
exemption to new multifamily construction of over 4 units, pursuant to RCW 84.14,005, (Resolution and map attached
for reference,)
The above-cited RCW sections provide that once a City has designated a "residential targeted area," it may adopt
corresponding code language to implement the limited property tax exemption. Attached you will find a draft ordinance
containing all the requisite code language necessary to implement the limited property tax exemption for multifamily
construction in the City Center, in accordance with State requirements, The code language will consist of an addition of a
new Article VII to Chapter 14 "Taxation,"
It should be noted that the attached, proposed code language has been derived from applicable State regulations (RCW
84.14.005), as well as by analyzing the corresponding local code provisions from nearby communities that have
previously enacted analogous limited property tax exemptions for multifamily conslruction,
Without going into detail, the following outline briefly describes each section of the proposed ordinance and code
language:
Section 2, Amendment of Chapter 14 FWCC by addition of new Article VII "Multifamily Dwelling Unit Limited
Property Tax Exemption."
Section 14-230, Purpose. This section lays out the stated purpose for the limited property tax exemption, mentioning six
express purposes that generally derive from the Comprehensive Plan's various policies related to encouraging more
residential opportunities within the City Center,
Section 14-231.
provisions,
Definitions,
Six definitions are provided here for terms of particular importance in these code
Section 14-232, Residential targeted areas - Designation, This section specifies that the City Center Core and Frame
zones are the designated "residential targeted area."
Section 14-233. Tax Exemption - Duration - Valuation - Exceptions, This section states that the property tax exemption
is for 10 years, that it applies only to multifamily construction and not to land values or nonmultifamily construction,
Section 14-234, Project eligibility, This section details several requirements for eligibility, including project location in
the City Center, containing at least 4 units, compliance with all other applicable land use and building regulations, having
no code violations, construction having to be completed within 3 years of approval of the tax exemption, and the necessity
for the project owner to enter into a written contract with the City,
Section 14-235, Application procedure. This section outlines the procedures for applying for tax exemption. The
following will be required: a completed application form (to be created following adoption of this ordinance); a written
description of the project and schematic plans;owner acknowledgement of tax liability if the project becomes ineligible;
an application fee of $150; application prior to land use or building permit application; allowance for application if a land
use or building permit application is already on file as of the adoption of this ordinance,
Section 14-236. Application Review - Approval - Required findings - Issuance of conditional certificate - Denial -
Appeal. This section outlines the criteria for application approval and denial. If approved, the owner shall enter into a
contract with the City, to be approved by the City Council, following which the Director shall issue a conditional
certificate of acceptance of tax exemption. If the application is denied, the Director shall so state in writing, and this
denial is appealable to the City Council.
Section 14-237, Amendment of contract. The above-mentioned contract may be amended upon written petition from the
owner. Terms and conditions may be considered for amendment. A fee of $150 is required,
Section 14-238, Extension of conditional certificate - Required findings - Denial- Appeal. This section allows for the
extension of the conditional certificate by up to 24 additional months upon written petition and $150 fee. Criteria for
extension include: circumstances beyond control of owner delaying completion of construction; owner has been acting in
good faith; and all conditions are being satisfied, Director may deny extension, which decision is appealable to the
Hearing Examiner,
Section 14-239, Final certificate - Application - Issuance - Denial - Appeal. Upon completion of construction the
Director issues a final certificate of tax exemption with the Assessor upon demonstration by the owner that all conditions
have been met. A $50 fee is required, The contract cited above is then recorded with King County, The Director may
elect not to issue a final certificate, upon finding noncompliance with the contract. Such decision is appealable to Hearing
Examiner.
Section 14-240. Annual certification, The owner shall file an annual report that includes a statement of
occupancy/vacancy of the units; statement that the use is still multifamily; and description of any changes to the property,
Failure to submit may result in cancellation of tax exemption.
Section 14-24 I, Cancellation of tax exemption - Appeal. If the tax exemption is canceled due to noncompliance with the
contract, the Director shall so notify the owner. This decision is appealable to the Hearing Examiner, who shall give
substanlial weight to the Director's decision.
Section 14-242. Review of program. This section stipulates that the Council may review the program at any time, but at a
minimum the program shall be reviewed within five years, Review shall include consideration of the number of units
constructed, multifamily development trends, review of administrative processes and procedures, public comment, among
other things, Review of the program may result in its termination. Any applications pending upon such termination
would be vested to the preexisting regulations and would continue to be processed for tax exemption,
Section 3, Amendment of Chapter 14, Article VI, "School Impact Fees," Code sections 14-220 through 229 have been
added and reserved for this article to accommodate future amendments, given that the new article VII begins with 14-230.
Sections 4, 5, 6 - Severability, Ratification, Effective Date. Standard language,
CITY COUNCIL COMMITTEE RECOMMENDATION: LUTC recommended approval ofthe ordinance
implementing the multifamily limited property tax exemption for the City Center Core and Frames zones, as outlined
above, at its 1/27/03 meeting.
PROPOSED MOTION: "I move Ihe ordinance implementing the multifamily limited property tax exemption for the
City Center Core and Frame zones to second re ing and enactment at the next regular meeting,"
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
~ MOVED TO SECOND READING (ordinances only)
13, J.OO?J GðW7ed rntdin
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
4F 311
fJ/"¡/O?J
ORDINANCE NO.
Dt'?J~Fr
~",
cov:'/ If ..:?
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON,
AMENDING CHAPTER 14 OF THE FEDERAL WAY
CITY CODE BY ADOPTING ARTICLE VII
RELATING TO A PROPERTY TAX EXEMPTION
INCENTIVE FOR THE DEVELOPMENT OF
MULTIFAMILY HOUSING IN THE CITY CENTER
CORE ("CC-C") AND FRAME ("CC-F") ZONES.
WHEREAS, in 1995 the Washington State Legislature adopted Chapter 84.14
RCW, to encourage increased residential opportunities in cities required to plan under the
Growth Management Act, by providing for special property tax valuations for eligible
multifamily housing in targeted urban, residential areas; and
WHEREAS, Chapter 84,14 further authorized cities with a population of at least
fifty thousand to adopt procedures to implement the special property tax valuations; and
WHEREAS, in 1998 the Federal Way City Council adopted the Federal Way
Comprehensive Plan, to implement the planning requirements of the Growth
Management Act, RCW 36,70A; and
WHEREAS, the Comprehensive Plan designates City Center Core ("CC-C")
and City Center Frame ("CC-F") areas, to "redevelop the City Center and create a
compact urban community and vibrant center of activity," with the crux of the strategy
being the promotion of "a compact urban center with connections between where we live,
work and recreate,"; and
WHEREAS, the Comprehensive Plan contains goals (CCP9 and 10)
encouraging the City to "provide incentives to encourage residential development in City
ORD # -' Page 1
Center, core/frame areas", and to "Revise land use regulations to allow the frame area to
accommodate higher density residential uses accompanied by residentially oriented retail
and services uses"; and
WHEREAS, on December 3, 2002 the City Council designated the City Center
Core and Frame zoning districts as a "residential targeted area" for the purpose of
allowing a limited property tax exemption for qualifyÍng multifamily housing, pursuant to
RCW 84,14.040(2); and
WHEREAS, the City Council desires to adopt procedures for the application for
and approval of property tax incentives for qualifying multifamily housing within the
"residential targeted area";
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings of Fact.
A.
The City Center Core and Frame zones are an urban center, as defined
in RCW 84.14.010, because they are an identifiable district where urban residents may
obtain a variety of products and services,
B.
The City Center Core and Frame currently lack sufficient available,
desirable, and convenient residential housing to meet the needs of the public who would
be likely to live in the City Center Core and Frame if desirable, attractive and livable
places to live were ayailable,
C.
The provision of special property tax valuations within the City Center
Core and Frame will encourage construction of new multifamily housing, and that
ORD # -' Page 2
provision such additional housing opportunities in the City Center Core and Frame will
assist in achieving the goals of the City's Comprehensive Plan and the parallel purposes
set forth in RCW 84.14,007.
D,
Encouraging the development of new residential units in the City
Center Core and Frame will also assist in reducing development pressures on single-
family residential neighborhoods.
E.
Additional residential development within the City Center Core and
Frame will help achieve development densities that are more conducive to transit use.
Section 2. Amendment of Chapter 14 of the Federal Way City Code, to add
a new Article VII, "Multifamily Dwelling Unit Limited Property Tax Exemption".
Chapter 14 ofthe Federal Way City Code is hereby amended by the addition of Article
VII, Multifamily Dwelling Unit Limited Property Tax Exemption, as follows:
Article VII.
Multifamily Dwelling Unit Limited Property Tax Exemption
Section 14-230. Purpose.
As provided for in chapter 84.14, RCW, the purpose of this article is to provide
limited, ten (10) year exemptions fÌom ad valorem property taxation for qualified new
multifamily housing constructed in the City Center Core and Frame zones, in order to:
(1)
Accomplish the planning goals of the Growth Management Act, RCW
36.70A, and the City of Federal Way Comprehensive Plan, specifically Goals CCP 9 and
10; and/or
ORD # -' Page 3
(2)
Encourage residential opportunities within the City Center Core and
Frame residential targeted area; and/or
(3)
Stimulate new construction of multifamily housing in the City Center
Core and Frame to increase housing opportunities; and/or
(4)
Assist in directing future population growth into the City Center Core
and Frame, thereby reducing development pressures on single-family residential
neighborhoods; arid/or
(5)
Achieve development densities that are more conducive to transit use
in the City Center Core and Frame; and/or
(6)
Promote community development and City Center Core and Frame
revitalization, in fulfillment of the Comprehensive Plan City Center "Vision."
Section 14-231. Definitions.
In construing the provisions of this article, the following definitions shall be
applied:
(1)
(2)
"Assessor" means the King County Assessor.
"Director" means the Director of the Federal Way Community
Development Services Department, or any other City office, department or agency that
shall succeed to its functions with respect to this article, or his or her authorized designee.
(3)
"Multifamily housing" means a building or townhouse having four (4)
or more dwelling units designed for permanent residential occupancy.
(4)
(5)
"Owner" means the property owner of record.
"Permanent residential occupancy" means multifamily housing that
provides either rental or owner occupancy for a period of at least one (1) month. This
ORD # -' Page 4
excludes hotels and motels that predominately offer rental accommodation on a daily or
weekly basis.
(6)
"Residential targeted area" means the City Center Core and Frame
zones, as designated by the City Council pursuant to this article,
Section 14-232. Residential targeted areas - Designation.
(a)
Pursuant to this Section, the Federal Way City Center, consisting of
the areas zoned CC-C and CC-F, is designated as a "residential targeted area."
(b)
If a part of any legal lot is within the residential targeted area, then the
entire lot shall be deemed to lie within the residential targeted area. .
Section 14-233. Tax Exemption - Duration - Valuation - Exceptions.
(a)
Exemption, Duration of The value of improvements qualifying under
Section 14-234 is exempt from ad valorem property taxation for ten (10) successive years
beginning January 1st of the year immediately following the calendar year of issuance of
the Final Certificate of Tax Exemption.
(b)
Limits on exemption. The exemption does not apply to the yalue of
land or to the value of nonhousing improvements not qualifying under Section 14-234,
nor does the exemption apply to increases in assessed valuation of land and
nonqualifying improvements. This article also does not apply to increases in assessed
valuation made by the assessor on nonqualifying portions of building and value of land,
nor to increases made by lawful order of a county board of equalization, the Department
of Revenue, or a county, to a class of property throughout the county or specific area of
the county achieve the uniformity of assessment or appraisal required by law,
ORD # -' Page 5
Section 14-234. Project eligibility.
To qualifY for exemption from property taxation under this article, the property
must satisfY all of the following requirements:
(I) The property must be located in the designated residential targeted area,
(2) The project must consist of at least four (4) dwelling units ofmuitifamily
housing, located within a residential structure or a mixed use development, in which at
least fifty (50) percent of the space within such residential structure or mixed use
development is intended for permanent residential occupancy.
(3) The project must comply with all zoning requirements, land use
regulations, and building code requirements contained in Federal Way City Code
Volumes I and II and applicable upon land use permit approval or submittal of a
complete building permit application, whichever occurs sooner.
(4) For the duration of the exemption granted under this article, the property
shall have no violations of applicable zoning requirements, land use regulations, or
building code requirements contained in Federal Way City Code Volumes I and II for
which the Community Development Services Department shall have issued an order to
cease activity ("OTC") or notice of violation and order to correct ("NOV") that are not
resolved by a voluntary correction agreement, vacation by the hearing examiner, or action
of the property owner in compliance with the applicable code requirements as determined
by the Director, within the time period for compliance provided in such OTC or NOV
and any extension of the time period for compliance granted by the Director.
ORD # -' Page 6
(5) New construction multifamily housing must be completed within three (3)
years from the date of approval of the application or by any extended deadline granted by
the Director pursuant to Section 14-238.
(6) The owner must enter into a contract with the City, approved by the City
Council, under which the owner has agreed to the implementation of the deyelopment on
terms and conditions satisfactory to the City Council.
Section 14-235. Application procedure.
The owner of property applying for exemption under this article shall submit an
application to the Director on a form established by the Director. The owner shall yerifY
the correctness of the information contained in the application by hislher signature and
affirmation made under penalty of peIjury under the laws of the State of Washington. The
application shall contain such information as the Director may deem necessary or useful,
which at a minimum shall include:
(1)
A completed City of Federal Way .application form, including
information setting forth the grounds for tax exemption.
(2)
A brief written description of the project, and schematic site and floor
plans of the multifamily units and the structure(s) in which they are proposed to be
located;
(3)
Floor and site plans of the proposed project, which plans may be
revised by the owner provided such revisions are made prior to the City's final action on
the exemption application;
(4)
A statement from the owner acknowledging the potential tax liability
when the property ceases to be eligible for exemption under this article;
ORD # -, Page 7
(5)
At the time of initial application under this section, the owner shall
pay to the City an initial application fee of one hundred fifty dollars ($150), plus an
amount necessary to cover recording fees under Section 14-239.
(6)
Except as otherwise provided in subsection 7 of this section, the
application shall be submitted any time before the earlier of (1) an application for a land
use approval process FWCC Chapter 22, and (2) an application for a building or other
construction permit under FWCC Chapter 5,
(7)
If, on the effective date of this Article, the owner has applied for a
permit identified in subsection 6 of this section, then application for exemption under this
section may be submitted any time prior to issuance of a building permit.
Section 14-236. Application Review - Approval - Required findings - Issuance of
conditional certificate - Denial- Appeal.
(a)
The Director may approve an application ifhe or she finds that:
(1) a minimum of four (4) new units are being constructed;
(2) the proposed project is or will be, at the time of completion, in
conformance with all approved plans, and all applicable requirements of the Federal Way
City Code or other applicable requirements or regulations in effect at the time the
application is approved;
(3) the owner has complied with all of the requirements of this article,
including but not limited to project eligibility requirements contained in Section 14-234
and application requirements contained in Section 14-235; and
(4) the project site is located within a designated residential targeted
area.
ORD # -' Page 8
(b)
The Director shall deny an application if the foregoing criteria are not
met.
(c)
If the application is approved, the owner shall enter into a contract with
the City, approved by the City Council, regarding the terms and conditions of the project
under this article,
(d)
Following Council approval of the contract, the Director shall issue a
conditional certificate of acceptance of tax exemption. The conditional certificate shall
expire three (3) years fÌom the date of approval unless an extension is granted as
provided in Section 14-238.
(e)
If the application is denied, the Director shall state in writing the reasons
for the denial and send notice of denial to the owner's last known address within ten (10)
days of the denial.
(f)
An owner may appeal a denial of a tax exemption application to the City
Council by filing a notice of appeal with the City Clerk within thirty (30) calendar days
of receipt of notice of the denial. The appeal before the City Council shall be based upon
the record before the Director, and the Director's decision will be upheld unless the
owner can show that there is no substantial evidence on the record to support the
Director's decision. The City Council's decision on appeal is final.
Section 14-237. Amendment of contract.
(a)
Any owner seeking amendment(s) to the contract approved by the
Director may do so by submitting a request in writing to the Director at any time within
three (3) years of the date ofthe Director's approval of the contract.
ORD # -' Page 9
(b)
Any owner seeking amendments to the approved form of contract shall
pay to the City an amendment application fee of one hundred fifty dollars ($150) for
administrative costs, plus any amount necessary to cover recording fees under Section
14-239.
(c)
The date for expiration of the Conditional Certificate shall not be
extended by contract amendment unless all the conditions for extension set forth in
Section 14-238 are met.
Section 14-238. Extension of conditional certificate - Required findings - Denial -
Appeal.
(a)
The conditional certificate may be extended by the Director for a period
not to exceed twenty-four (24) consecutive months. The owner shall submit a written
request stating the grounds for the extension together with a. fee of one hundred fifty
dollars ($150) for the City's administrative cost to process the request. The Director may
grant an extension if the Director finds that:
(1)
The anticipated failure to complete construction within the required time
period is due to circumstances beyond the control ofthe owner; and
(2)
The owner has been acting, and could reasonably be expected to
continue to act, in good faith and with due diligence; and
(3)
All the conditions of the original contract between the owner and the
City will be satisfied upon completion of the project.
(b)
If an extension is denied, the Director shall state in writing the reason
for denial and shall send notice to the owner's last known address within ten (10)
calendar days of the denial. An owner may appeal the denial of an extension to the
ORD # -' Page 10
Hearing Examiner by filing a notice of appeal with the City Clerk within fourteen (14)
calendar days after issu,ance of the notice of the denial. The appeal before the Hearing
Examiner shall follow the provisions of the Federal Way City Code, Sections 22-397 -
22-406. The Hearing Examiner's decision shall be the final decision of the City, and is
not subject to further appeal.
Section 14-239. Final certificate - Application - Issuance - Denial - Appeal.
(a)
Upon completion of the construction as provided in the contract
between the owner and the City, and upon issuance of a temporary certificate of
occupancy, or a permanent certificate of occupancy if no temporary certificate is issued,
the owner may request a final certificate of tax exemption, The owner shall file with the
Director such information as the Director may deem necessary or useful to evaluate
eligibility for the final certificate, which shall at a minimum include:
(1)
A statement of expenditures made with respect to each multifamily
housing unit and the total expenditures made with respect to the entire property;
(2)
A description of the completed work and a statement of qualification
for the exemption;
(3)
Á statement that the work was completed within the required three (3)
year period or any approved extension; and
(b)
At the time of application for final certificate under this section, the
owner shall pay to the City a fee of fifty dollars ($50) to cover the City's administrative
costs.
ORD # -' Page 11
(c)
Within thirty (30) days of receipt of all materials required for a final
certificate, the Director shall determine whether the completed work is consistent with
the contract between the City and owner, whether all or a portion of the completed work
is qualified for exemption under this article and, if so, which specific improvements
satisfy the requirements of this article.
(d)
If the Director determines that the project has been completed in
accordance with the contract between the owner and the City and the requirements of this
article, the City shall file a final certificate of tax exemption with the Assessor within ten
(10) days of the expiration of the thirty (30) day period provided under subsection C of
this section.
(e)
The Director is authorized to cause to be recorded, or to require the
owner or owner to record, in the real property records of the King County Department of
Records and Elections, the contract with the City required under Section 14-236, or such
other document(s) as will identify such terms and conditions of eligibility for exemption
under this article as the Director deems appropriate for recording.
(f)
The Director shall notify the owner in writing that the City will not file
a final certificate if the Director determines that the project was not completed within the
required three (3) year period or any approved extension, or was not completed in
accordance with the contract between the owner and the City and the requirements of this
article, or the owner's property is otherwise not qualified for the limited exemption under
this article.
(g)
The owner may appeal the Director's decision to the Hearing
Examiner by filing a notice of appeal with the City Clerk within fourteen (14) calendar
ORD # -' Page 12
days after issuance of the notice of the denial. The appeal before the Hearing Examiner
shall follow the provisions for appeal contained in FWCC 22-397 - 22-406. The owner
may appeal the Hearing Examiner's decision to the King County Superior Court
according to the procedures contained in RCW 34.05.510 through 34.05,598, as provided
in RCW 84.14.090(6), within thirty (30) days of notification by the City to the owner of
the decision.
Section 14-240. Annual certification:
(a)
Within thirty (30) days after the first anniversary of the date the City
filed the final certificate of tax exemption and each year thereafter, for a period of ten
(10) years, the property owner shall file a certification with the Director, verified upon
signed affirmation under penalty of petjury under the laws of the State of Washington.
The certification shall contain such information as the Director may deem necessary or
useful, and shall at a minimum include the following information:
(1)
A statement of occupancy and vacancy of the multifamily units during
the previous year;
(2)
A certification that the property has not changed use since the date of
filing of the final certificate of tax exemption, and continues to be in compliance with the
contract with the City and the requirements of this article;
(3)
A description of any improvements or changes to the property made
after the filing of the final certificate or most recent certification, as applicable.
(b)
Failure to submit the annual certification may result in cancellation of
the tax exemption.
ORD # -' Page 13
Section 14-241. Cancellation oftax exemption - Appeal.
(a)
If at any time the Director determines that the property no longer
complies with the terms of the contract or with the requirements of this article, or the use
of the property is changed or will be changed to a use that is other than residential, or the
property for any reason no longer qualifies for the tax exemption, the tax exemption shall
be canceled and additional taxes, interest and penalties imposed pursuant to state law.
(b)
If the owner intends to convert the multifamily housing to another use,
the owner must notify the Director and the King County Assessor within sixty (60) days
of the change in use. Upon such change in use, the tax exemption shall be canceled and
additional taxes, interest and penalties imposed pursuant to state law.
(c)
Upon determining that a tax exemption shall be canceled, the Director
shall notify the property owner by certified mail, return receipt requested. The property
owner may appeal the determination by filing a notice of appeal with the City Clerk,
within thirty (30) days after issuance of the decision by the Director, specifying the
factual and legal basis for the appeaL The appeal before the Hearing Examiner shall
follow the procedures set forth in Sections 22-397 - 22-406. At the appeal hearing, all
affected parties may be heard and all competent evidence received. The Hearing
Examiner shall affirm, modify, or repeal the decision to cancel the exemption based on
the evidence received, The Hearing Examiner shall give substantial weight to the
Director's decision to cancel the exemption, and the burden of proof and the burden of
oyercoming the weight accorded to the Director's decision shall be upon the appellant.
An aggrieved party may appeal the Hearing Examiner's decision to the King County
Superior Court in accordance with the procedures in RCW 34.05.510 through 34,05.598,
ORD # -' Page 14
as provided in RCW 84.14,110(2), within thirty (30) days after issuance of the decision
of the Hearing Examiner.
Section 14-242. Review of program.
(a)
The provisions of this article shall be reviewed five (5) years after the
effective date of the ordinance codified herein. Such review may include, but not be
limited to, the number of dwelling units granted property tax exemption under this
program, consideration of the multifamily development trends in the City and region,
review of administrative processes and procedures, as well as public comment. If the
program is terminated, no further applications for a conditional certificate of tax
exemption shall be accepted. Incomplete applications shall be returned to the owner.
(b)
Notwithstanding subsection (a) of this section, pending complete
applications for a conditional certificate, extension of conditional certificate or final
certificate shall be processed as provided in this article under Sections 14-234 - 14-238.
Sections 14-233, 14-236, 14-239, and 14-240 shall survive the expiration of this article
and shall apply to all properties that have been issued a final certificate of tax exemption
under this article until expiration, termination or cancellation of the certificate,
Section 3. Amendment of Chapter 14, Article VI, "School Impact Fees."
Chapter 14, Article VI, School Impact Fees, is hereby amended to add the following as
the last line of that article:
14-220 - 14-229. Reserved.
Section 4. Severability. The provisions of this ordinance are declared separate
and severable. The inyalidity of any clause, sentence, paragraph, subdivision, section, or
portion of this ordinance or the invalidity of the application thereof to any person or
ORD# -' Page 15
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. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed,
Section 6. Effectiye Date. This ordinance shall take effect and be in force five
(5) days ITOm the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,2003.
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N, CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
ORD # -' Page 16
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO,
K:\ordinanceltaxexemptionordinance 12 -30
ORD# -' Page 17
~ Fëderal Way
DATE:
January 21, 2003
TO:
SUBJECT:
Eric Faison, Chair
Land Use and Transportation Committee
Patrick Dohe-L1~ty Director for Economic Development,
Community ~t Services Department
David H. MteleVi\iMII.nager
Code Amendments for Multifamily Tax Exemption in City Center
FROM:
VIA:
BACKGROUND
On December 3, 2002 the City Council passed Resolution 02-380, designating the City Center Core and
Frame zones as a "residential targeted area" for the purposes of applying a limited property tax
exemption to new multifamily construction of over 4 units, pursuant to RCW 84.14.005. (Resolution
and map attached for reference.)
The above-cited RCW sections provide that once a City has designated a "residential targeted area," it
may adopt corresponding code language to implement the limited property tax exemption, Attached
you will find a draft ordinance containing all the requisite code language necessary to implement the
limited property tax exemption for multifamily construction in the City Center, in accordance with State
requirements. The code language will consist of an addition of a new Article VII to Chapter 14
"Taxation,"
It should be noted that the attached, proposed code language has been derived from applicable State
regulations (RCW 84.14.005), as well as by analyzing the corresponding local code provisions from
nearby communities that have previously enacted analogous limited property tax exemptions for
multifamily construction,
Without going into detail, the following outline briefly describes each section of the proposed ordinance
and code language:
Section 2, Amendment of Chapter 14 FWCC by addition of new Article VII "Multifamily Dwelling
Unit Limited Property Tax Exemption,"
Section 14-230. Purpose, This section lays out the stated purpose for the limited property tax
exemption, mentioning six express purposes that generally derive from the Comprehensive Plan's
various policies related to encouraging more residential opportunities within the City Center.
Section 14-231. Definitions, Six definitions are provided here for terms of particular importance in
these code provisions.
Memo to LUTC on Housing Tax Exemption
Page 2 of2
Section 14-232, Residential targeted areas - Designation. This section specifies that the City Center
Core and Frame zones are the designated "residential targeted area,"
Section 14-233, Tax Exemption - Duration - Valuation - Exceptions. This section states that the
property tax exemption is for 10 years, that it applies only to multifamily construction and not to land
values or nonmultifamily construction.
Section 14-234, Project eligibility. This section details several requirements for eligibility, including
project location in the City Center, containing at least 4 units, compliance with all other applicable land
use and building regulations, having no code violations, construction having to be completed within 3
years of approval of the tax exemption, and the necessity for the project owner to enter into a written
contract with the City.
Section 14-235. Application procedure, This section outlines the procedures for applying for tax
exemption. The following will be required: a completed application form (to be created following
adoption of this ordinance); a written description of the project and schematic plans;owner
acknowledgement of tax liability if the project becomes ineligible; an application fee of $150;
application prior to land use or building permit application; allowance for application if a land use or
building permit application is already on file as ofthe adoption of this ordinance.
Section 14-236. Application Review - Approval - Required findings - Issuance of conditional
certificate - Denial- Appeal, This section outlines the criteria for application approval and denial. If
approved, the owner shall enter into a contract with the City, to be approved by the City Council,
following which the Director shall issue a conditional certificate of acceptance of tax exemption. If the
application is denied, the Director shall so state in writing, and this denial is appealable to the City
Council.
Section 14-237, Amendment of contract. The above-mentioned contract may be amended upon written
petition from the owner. Terms and conditions may be considered for amendment. A fee of$150 is
required,
Section 14-238, Extension of conditional certificate - Required findings - Denial- Appeal. This
section allows for the extension of the conditional certificate by up to 24 additional months upon written
petition and $150 fee. Criteria for extension include: circumstances beyond control of owner delaying
completion of construction; owner has been acting in good faith; and all conditions are being satisfied,
Director may deny extension, which decision is appealable to the Hearing Examiner.
Section 14-239, Final certificate - Application - Issuance - Denial- Appeal. Upon completion of
construction the Director issues a final certificate of tax exemption with the Assessor upon
demonstration by the owner that all conditions have been met. A $50 fee is required, The contract cited
above is then recorded with King County. The Director may elect not to issue a final certificate, upon
finding noncompliance with the contract. Such decision is appealable to Hearing Examiner.
Section 14-240. Annual certification, The owner shall file an annual report that includes a statement of
occupancy/vacancy of the units; statement that the use is still multifamily; and description of any
changes to the property, Failure to submit may result in cancellation of tax exemption.
Section 14-241. Cancellation of tax exemption - Appeal, If the tax exemption is canceled due to
noncompliance with the contract, the Director shall so notify the owner. This decision is appealable to
Memo to LUTC on Housing Tax Exemption
Page 3 of 3
the Hearing Examiner, who shall give substantial weight to the Director's decision.
Section 14-242. Review of program. This section stipulates that the Council may review the program
at any time, but at a minimum the program shall be reviewed within five years, Review shall include
consideration of the number of units constructed, multifamily development trends, review of
administrative processes and procedures, public comment, among other things. Review of the program
may result in its termination. Any applications pending upon such termination would be vested to the
preexisting regulations and would continue to be processed for tax exemption,
Section 3, Amendment of Chapter 14, Article VI, "School Impact Fees." Code sections 14-220
through 229 have been added and reserved for this article to accommodate future amendments, given
that the new article VII begins with 14-230.
Sections 4, 5,6 - Severability, Ratification, Effective Date, Standard language.
RECOMMENDATION
Staff recommends that the LUTC recommend approval of the proposed draft code amendments.
cc:
Resolution 02-380
~b
RESOLUTION NO? 2 - 3 8 ()
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, REGARDING
DESIGNATION OF A RESIDENTIAL TARGETED AREA,
ENCOMPASSING THE AREAS CURRENTLY ZONED CITY
CENTER CORE AND FRAME, FOR LIMITED TAX
EXEMPTION FOR MULTIFAMILY DEVELOPMENT.
WHE~AS, in 1995 the Washington State Legislature adopted Chapter 84,14 RCW, to
encourage increased residential opportunities in cities required to plan under the Growth
Management Act, by providing for special property tax valuations for eligible multifamily
housing in targeted urban, residential areas; and
WHEREAS, Chapter 84.14 further authorized cities with a population of at least fifty
thousand to adopt procedures to implement the special property tax valuations; and
WHEREAS, in 1998 the Federal Way City Council adopted the Federal Way
Comprehensive Plan, to implement the planning requirements of the Growth Management Act,
RCW 36.70A; and
WHEREAS, the Comprehensive Plan designates City Center Core ("CC-C") and City
Center Frame ("CC-F") areas, to "redevelop the City Center and create a compact urban
community and vibrant center of activity," with the crux of the strategy being the promotion of
"a compact urban center with connections between where we live, work and recreate,"; and
WHEREAS, the Comprehensive Plan contains goals (CCP9 and 10) encouraging the City
to "provide incentives to encourage residential development in City Center, core/frame areas",
02-380
Res. #-----' Page 1
(Q~¥L
and to "Revise land use regulations to allow the frame area to accommodate higher density
residential uses accompanied by residentially oriented retail and services uses"; and
WHEREAS, the City Council desires to consider whether to adopt a residential targeted
area in which property tax exemptions may be granted for construction of qualifying multi-
family housing; and
WHEREAS, RCW 84.14,040(2) provides that the City Council may adopt a resolution of
intention to so designate a residential targeted area, and that the resolutIOn must state the time
and place of a hearing to be held by the City Council to consider the'designation of such an area;
and
WHEREAS, the City Council adopted a resolution of intention to designate a residential
targeted area on November 5, 2002 and set the public hearing for December 3, 2002; and
WHEREAS, the City has provided official notice of this hearing in the Federal Way
Mirror on November 16 and 20, 2002, in compliance with the requirements ofRCW
84.14.040(3); and
WHEREAS, the City Council has heard and considered public comment regarding the
designation of a residentially targeted area for the purposes of applying a limited property tax
exemption for multifamily housing in the City Center Core and Frame zones at the November 6,
2001 and December 3, 2002 public hearings;
02-380
Res. #-----' Page 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1.
Pursuant to RCW 84,14, the City Council designates the area of the
Federal Way City Center currently zoned City Center Core and Frame (see map, Exhibit 1) as a
residential targeted area for the purposes ofIimited tax exemption for new multifamily development.
Section 2.
The City Council directs City staff to draft the corresponding
implementing ordinance(s) and/or procedures and present them for consideration by the Finance,
Economic Development and Regional Affairs Committee.
Section 3. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 4, Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 5, Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City CounciL
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this - day of , 2002,
~Y OF FEDERAL WAY
~~~ /-'7 /I~Ø#bFa~4c
MAYOR, JEA E BÚRBIDGE
02-380
Res. i_, Page 3
ATTEST:
.>¿ (&ß~~~~
CITY CLERK, N, CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
f aZ:: ¿¡ -&.h~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 0 Z - 8 8 0
11/26/02
12/03/02
k: \reso \ taxdesigreso
02-380
Res. #-----' Page 4
'~xhibit 1
Residential Targeted Area
Ð
Legend:
IV Residential Targeted
Area
~ Dale: September. 2001.
Pre¡øoo by:
atvof FeOOraI Way,
61$ DMsIoo
0
I
500 1,000 Feet:
I ,I i
" .
~~X
MEETING DATE:
February 18,2003
ITEM#
~
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2003 City Council Retreat - Resolution Directing Implementation of Retreat Results
CATEGORY:
BUDGET IMPACT:
0
X
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amonnt Budgeted:
Expenditure Am!.:
Contingency Req'd:
$
$
$
A TT ACHMENTS: Draft Resolution (1) directing the Implementation of Steps Agreed Upon at the 2003 City Council Retreat for the
municipal facilities, (2) adopting the Work Plan for a Community Center/Senior CenterlPool, which is attached (3) adopting the
proposed amendments to the City Council Rules of Procedure, which are attached and (4) declining to take action on the PAA until
the after the P AA study is completed; and a Memorandum from the City Attorney outlining Retreat changes to the Council Rules of
Procedme.
SUMMARYfBACKGROUND: At the conclusion of the Council retreat on January 25, 2003, the Council agreed on several steps to
implement the consensus reached, First. Council created criteria for the staff to follow when evaluating the sites. Council then
directed the City Manager to direct staff to review and evaluate the rune real estate sites considered by the Municipal Facilities
Advisory Committee plus to contact the new owners of SeaTac Mall. Second, the Council adopted the attached Work Program and
Timeline for the commuruty center/senior center/pool with the understanding that the facility might be co-located with the municipal
facilities. Third, the Council agreed on the amendment of Council Rules as discussed during the retreat. Fourth, the Council agreed
not to take action on potential annexation until the P AA study could be completed and reviewed, which should be completed in the
fall of2003.
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
PROPOSED MOTION: "[ move approval of the Draft Resolution Directing the 1mplenation of Steps Agreed Upon at the 2003 City
Council Retreat"
~I~~M~~~~~:;;~~~:;---~------ .
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0
0
0
0
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
MOVED TO SECOND READING (",din"nc", onlv)
COUNCIL BILL #
1ST reading
Enaetment reading
ORDINANCE #
RESOLUTION #
REVISED - 05110/2001
K\agenditem\2003 council cetreat
RESOLUTION NO,
DRAFT
d-//f /(J~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DIRECTING THE
IMPLEMENTATION OF STEPS AGREED UPON AT THE 2003
CITY COUNCIL RETREAT
WHEREAS, the Federal Way City Council held a retreat on January 25, 2003 at the
Dumas Bay Centre; and
WHEREAS, at the retreat, the City Council discussed the consideration oflocations
for the municipal facilities and criteria for evaluating the sites, consideration of the work plan and
potentially co-locating the community center, senior center/pool with the municipal facilities,
Council Rules of Procedure, and the potential annexation areas ("P AA"); and
WHEREAS, at the close of the retreat the City Council requested that the City
Manager draft a Resolution directing the implementation ofthe steps Council agreed to take on
the items discussed;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1, Municipal Facilities, The City Council herby directs the City Manager
to have staff review and evaluate the nine real estates sites considered by the Municipal Facilities
Advisory Committee plus contact the new owners ofSeaTac Mall to inquire ¡fthere is interest in
being considered as a site for the municipal facilities, The criteria for evaluating the real estate
sites includes: (1) the size of the property using 100,000 square feet needed for the facilities; (2)
the potential of the site to co-locate with the community center/senior center/pool; (3)
Res. #_, Page 1
accessibility to transit; (4) traffic; (5) terrain of the property; (6) the potential cost in relation to
economy of scale and predictability of increased costs; (7) the layout or configuration of the
buildings as it relates to customer service, organizational culture and efficiency of staff time; (8)
whether public/private partnership and economic development benefits are possible; and (9) the
encouragement of public gatherings inside and outside, The evaluation of the sites will be
presented in a study session before the regular March 4, 2003 Council Meeting,
Section 2, Communitv Center/Senior Center/Pool. The City Council hereby adopts the
attached Work Program and Timeline for the community center/senior center/pool with
Council's recognition that it may change if the facility is co-located with the municipal facilities.
Section 3. Council Rules and Procedures. The City Council hereby amends the Council
Rules of Procedure, which are attached.
Section 4, Potential Annexation Area. The City Council hereby decides that it will not
take action or direct staff to take action on potential annexation until the completion and review
ofthe PAA study, which should be completed in the fall of2003,
Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date
of the resolution is hereby ratified and affirmed.
Section 7, Effective Date, This resolution shall be effective immediately upon passage by
the Federal Way City Council.
Res. #_~, Page 2
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this - day of
,2003.
CITY OF FEDERAL WAY
MAYOR, JEANNE BURBIDGE
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO,
k:\reso\2003CCretreat.doc
Res, #_--, Page 3
Community Center Review and Approyal Process
Work Program and Timeline
Goal: Gather public input and develop a plan for a conununity center, senior center and pool that will meet three
objectives: I) a facility that will provide a place for a diverse multi-generational recreation and cultural activities, i.e..
fitness, classes and gatherings, 2) a pool facility that will meet the need for leam-to-swim programs, competitive
swimming programs, swim for fitness and recreation swim activities and 3) a facility that will serve our conununity's
senior health, recreation and social needs.
Staff Team: Donna Hanson (co-lead), Jennifer Schroder (co-lead), Mary Faber, B. Sanders, Ken Miller, Karen
Kirkoatrick, Michael Olson, Gre2 Fewins and Stacv Flores
I TlMELINE 2003 -2006
ACTIVITIES 2004 2005 2006
tartup I" QTR 2NDQTR 3"'QTR 4"'QTR
I. Council review and direction on conununity X
center work plan and time line
2. Council review/approval of fmal work plan and X
timeline
3. Advertise/select/contract A&E Consultant X X
4. Project web site/newsletters/traveling display X X X X X X X
planuiug Phase
5. Convene and meet with advisory group X X X X
representing a variety of conununity interests
6, Conduct online survey ofprogranuning interests X
7. Advisory group reviews city's recreation X
programs and fee policies
8. Convene focus groups on specialized X
progranuning areas
9. Tour Community Centers X
10. Conduct a public conununity center design X
charrette
II. Identity potential sites and selection criteria X
reliminary Design Phase
12. Prepare and review business plan and facility X
concepts for potential sites
13. Open House on concept plans and sites X
14. Evaluate potential sites X X
15. Update Councilon fIDdings, reconunendations, X X X
and budget impacts of conceot olans and sites
16. Council selects preferred concepts and site X X
17. Council authorizes property acquisition X X X
18. Prepare schematic design and preliminary cost X X
est. for 2-3 preferred concepts
19. Open house on conununity center schematic X
design alternatives
20. Prepare a report on fmdings 1T0m advisory group X
input, outreach and research
21. Presentation of findings, recommendations, and X
budget impacts to council
22. Council selects preferred design alternative X
Final Design and Construction Phase
23. Council authorize staff to proceed with a fmal X
design and business plan
24. Prepare construction documents X
25. Permitting X
26. Bid project X
27. Construction X X
28. Grand Opening X
February 18,2003
DATE:
TO:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
February 6, 2003
Federal Way City Council Members
Patricia A. Richardson, City Attorney fNL
Amendments to the City Council Rules of Procedure
During deliberations at the Council Retreat, on January 25, 2003, Council directed further
amendments to the City Council Rules of Procedure, The amendments from the Retreat are in
italics. The following summarizes those amendments from the Retreat:
4,
5.
6.
7,
8,
9.
1.
Section 11,1 (4) - Addition to the definition of excused absences to include situations
when a Council member is absent from a regular meeting due to City and/or Council
obligations elsewhere and due to circumstances beyond the Council member's control.
Section 12.3 - No substantive modification. Typographic and grammar errors.
Section 14.1 - Change the word "should" to "shall" in the first sentence requiring the
Council member to state the majority of Council's position if known.
Section 15.1 - Change the word "should" to "shall" in the first sentence requiring the
Council member to keep all topics and/or substantive discussion in Executive Session
confidential.
Section 21.2 - Added the phrase "in consultation with the Committee members" when
the Committee chair detennines the Committee's regular meeting,
Section 21.7 - Deleted the 75% attendance requirement and replaced with "a majority of
each respective" committee.
21.8 - Grammatical modification.
21.9- Added the phrase "The Mayor has the discretion to appoint or remove Committee
members at any time,"
2.
3.
Additionally, Council directed further research and suggested modifications for the following
sections:
1. Section 15. Council inquired whether a violation ofthe confidentiality of executive session
could be censored under the City of Federal Way's Code of Ethics. At this time, there is no
authority. Section 3.3 of the Code of Ethics does not address using confidential infonnation
acquired in Executive Session as a basis for a violation, and Section 4,I(e) requires a
financial benefit. Consequently. the proposed amendments to the City Council Rules of
Procedure remain silent at this time in regards to censure.
Council Members
2003 City Council Rules Amendments
February 6, 2003
Page 2 of2
The procedure to authorize censuring under the Code of Ethics for revealing confidential
information obtained in Executive Session would require the Ethics Board members amend the
Code of Ethics to include the provision in Section 3.3.
2. Section 22,5(6) - Deleted the number requirement offour members for a majority vote and
added the requirement of a majority of the remaining members patterning after the statutory
language in RCW 42.12.070, This allows flexibility in the event that 3 vacant positions exist at
the same time,
cc:
David Moseley, City Manager
K,ICOUNMEMO'IJ3"ru]",me"d.
3rd DRAFT
3rd DRAFT
3rd DRAFT
CITY OF FEDERAL WAY
CITY COUNCIL
RULES OF PROCEDURE
ADOPTED
JANUARY 21, 1992
Amended
March 17, 1992
May 19, 1992
Jnly 21, 1992
December 15, 1992
April 20, 1993
January 18, 1994
June 7, 1994
September 21,1994
December 6, 1994
November 16, 1999
Febrnary 19, 2002
Februan ,2003
OFFICE OF THE CITY CLERK
3rd DRAFT
INDEX
SECTION NO.
TITLE
Authority
2
Council Meetings
3
Agenda Preparation
4
Council Discussion
5
Citizen Commeut
6
Motions
7
Ordinances
8
Mayor and Deputy Mayor
9
Council Relations with City Staff
10
Council Meeting Staffing
11
Council Member Attendance at Meetings
12
Puhlic Hearings
13
Media Representation at Council Meetings
14
Council Representation
15
Confidentiality
16
Council Trayel & Expenses
2
PAGE NO.
4
4
8
9
9
10
12
13
13
14
15
15
16
16
16
17
SECTION NO. TITLE P AGE NO.
17 Public Records 24
18 City Manager Evaluation Process 24
19 Mayorffieputy Mayor Selection Process 2S
20 City AdYisory Committees 26
21 Council Committees 29
22 Filling City Council Vacancies 30
23 Miscellaneous 33
24 Suspension and Amendment of Rules 33
3
SECTION 1.
1.1
AUTHORITY
The Federal Way City Council hereby establishes the following Rules of
Procedure ("Rules") for the conduct of Council meetings, proceedings and
business. These Rules shall be in effect upon adoption by the Council and until
such time as they are amended or new Rules adopted in the manner provided by
these Rules.
SECTION 2.
2.1
COUNCIL MEETINGS
TYPES OF MEETINGS
(1)
(2)
(3)
Re!!ular Meetin!!s. Council's regular meetings will be held the first and
third Tuesdays of each month in Council Chambers, City Hall.
Regular Council meetings will begin at the hour of 7;00 p.m., and will
adjourn no later than 10:00 p.m. To continue past this time of
adjournment, a majority of the Council must concur.
If any Tuesday on which a meeting is scheduled falls on a legal holiday,
the meeting shall be held at 7;00 p.m. on the first business day following
the holiday, or on another day designated by a majority yote of the
Council.
Special Meetin!!s. A Special meeting is any Council meeting other than a
Regular Council meeting. Notice shall be given at least 24 hours in
advance specifying the time and place of the meeting and the business to
be transacted. A Special Council meeting may be scheduled by the
Mayor, City Manager or at the request of a majority of the Council
Members.
Study Sessions. Council's Study Sessions will be held, when needed, as
follows:
Study sessions may be called by the Mayor, City Manager or by two (2)
or more Council Members.
Study Sessions will be informal meetings for the purpose of reviewing
forthcoming programs, receiving progress reports on current programs
or projects, or receiying other similar information. The Mayor and City
4
2.2
Manager will determine on-going dedicated schedules for regular Study
Sessions,
No final decisions can be made at a Study Session. Decisions on those
issues will be scheduled for a Regular or Special Council meeting.
(4)
Emer2enCY Meetin2s. An Emergency meeting is a Special Council
meeting called without the 24-hour notice. An Emergency meeting deals
with an emergency invoIYing injury or damage to persons or property or
the likelihood of such injury or damage, when time requirements of a 24-
hour notice would make notice impractical and increase the likelihood of
such injury or damage. Emergency meetings may be caned by the City
Manager or the Mayor with the consent of a majority of Council
Members. The minutes will indicate the reason for the emergency.
(5)
Executiye Session Meetin2s. An Executive Session is a Council meeting
that is closed except to the Council, City Manager and authorized staff
members and/or consultants authorized by the City Manager. The
public is restricted from attendance. Executiye sessions may be held
during Regular or Special Council meetings and will be announced by
the Mayor or the Chair of the Special Council Committee, respectively.
Executiye session subjects are limited pursuant to Chapter 42 RCW,
including considering real property acquisition and sale, public bid
contract performance, complaints against public officers and employees,
public employment applications and public employee eyaluation, eIectiye
office appointments and attorney-client discussions.
Before conyening an Executive session, the Mayor or Chair shall
announce the purpose of the meeting and the anticipated time when the
session will be concluded. Should the session require more time, a public
announcement shall be made that the meeting is being extended.
ORDER OF REGULAR COUNCIL MEETING AGENDA
(1)
Call Meetin2 To Order
The Mayor calls the meeting to order. The Mayor will announce the
attendance of Council Members and indicate any Council Member who
is not in attendance and whether or not the Council Member has an
excused absence. The Mayor may, with the concurrence ofthe Council
Members, take agenda items out of order. Agenda items may be added
pursuant to Section 3.3 of these Rules.
5
(4)
(2)
Pledl!e of Allel!iance
Council Members and, at times, invited guests lead the flag salute.
(3)
Proclamations and Presentations
A Proclamation is defined as an official announcement made by either
the City Council or the Mayor.
City Council Proclamations are defined as those non-controversial
events which have a major citywide impact. City Council Proclamations
shall be publicly read at a City Council meeting and presented to a
representatiye of the event during the Council meeting.
Mayor's Proclamations are defined as those non-controversial eyents
which are requested by and for a special interest group within the City.
Mayor's Proclamations are signed by the Mayor and forwarded to a
representatiye of the event.
The Mayor and City Manager shall determine if the Proclamation
request is for a City Council Proclamation or a Mayor's Proclamation.
Controyersy is defined as a dispute, especially a lengthy and public one,
between sides holding opposing yiews.
City Manager - Introduction of New City Employees and Emerging
Issues
Citizen Comment
Members of the audience may comment on items relating to any matter.
Citizen comment sign-ups will be available at each regular council
meeting for the use of those citizens wishing to address the Council.
Comments are limited to three (3) minutes, except that for a person
whose property is the subject ofa condemnation ordinance then pending
before the City Council, or a person speaking on behalf of a group,
comments are limited to fiye (5) minutes. No speaker may conyey or
donate his or her time for speaking to another speaker.
The Mayor may allow citizens to comment on individual agenda items at
times during any regularly scheduled City Council meeting other than
the regularly scheduled Citizen Comment period. These agenda items
include, but are not limited to, ordinances, resolutions and Council
Business issues. (See also Section 5, "Citizen Comment" ofthese Rules.)
6
(8)
(9)
(10)
(5)
Consent Al!enda
Consent Agenda items haye either been fully considered by a City
Council Committee or are considered to be routine and non-
controversial and may be approved by one motion. Items on the Consent
Agenda include but are not limited to, minutes, resolutions and
ordinances discussed at a preyious City Councilor Committee meetings,
bid awards and previously authorized agreements. Any Council
Member may remoye any item from the Consent Agenda for separate
discnssion and action.
(6)
Pnblic Hearinl!s
See Section 12 of these Rules for discussion of public hearing procedure.
(7)
Council Business
Council Busiuess items are usually those items other than resolutions
and ordinances requiring Council action.
Introduction and First Readinl! of Ordinances
Discussion and debate by the City Council may be held at this time.
Council Members may request amendments to the ordinance at this time
or at any time prior to adoption, direct staff to further review the
ordinance, or approye placing the ordinance on the Consent Agenda at
an upcoming Regular Council meeting for enactment as an enforceable
City law.
Council Reports
The Council Members may report on significant actiyities since the last
meetiug.
City Manal!er Report
The City Manager and staff update the Council Members on current
issues or items of Council interest.
7
2.3
(11)
Adjournment
With no further business to come before the Council, the Mayor
adjourns the meeting.
MEETING MINUTES
The City Clerk will keep an account of all proceedings of the Council in
accordance with the statutory requirements, and proceedings will be entered
into a minute book constituting the official record of the Council. City Council
meeting minutes will not be revised without a majority affirmative vote of the
Council at a regularly scheduled Council meeting.
2.4
COUNCIL MEMBER SEATING
A City Council Member's seat at the dais will be determined as follows:
(1)
(2)
SECTION 3.
3.1
The Mayor shall sit in Chair #4, the center seat at the dais, and the
Deputy Mayor shall sit to the Mayor's right, in Chair #3;
The remaining Council Members will be seated north to south by
position #1 through #7, as consecutiyeIy as possible.
AGENDA PREP ARA TION
The City Clerk will prepare an agenda for each Council meeting specifying the
time and place of the meeting, and setting forth a brief general description of
each item to be considered by the Council. The agenda is subject to approyal by
the Mayor and the City Manager.
3.2
An item may be placed on a Council meeting agenda by any of the following
methods:
(1)
(2)
(3)
(4)
(5)
(6)
A majority yote of the Council;
Council consensus;
By any two (2) Council Members;
By the City Manager;
By a Council Committee; or
By the Mayor.
A draft agenda will be provided to all City Council Members who shall have
approximately 48 hours to review prior to publication.
8
3.3
An item may be placed on a regular Council meeting agenda after the agenda is
closed and the notice published if the Council Member or City Manager
explains the necessity and receives a majority yote of the Council at a public
meeting.
3.4
The City Clerk will endeayor to schedule sufficient time between public
hearings and other scheduled items, so the public is not kept unduly waiting,
and so the Council will haye sufficient time to hear testimony and to deliberate
matters among themselves.
3.5
Legally required and advertised public hearings will have a higher priority over
other time-scheduled agenda items which haye been scheduled for convenience
rather than for statutory or other legal reasons.
3.6
Agendas will be finalized by Wednesday, noon - approximately one (1) week
prior to the Conncil meeting. Agenda materials will be available, at City Hall,
for the Council, City staff, media and public on the Friday before the meeting.
3.7
All agenda items packet reports will be in the format provided by the City
Clerk's Office.
3.8
The Council may use the agenda item cover sheet "Recommendation
Statement" language for making a motion.
SECTION 4.
COUNCIL DISCUSSION
4.1
All Council discussion shall be governed by ROBERTS RULES OF ORDER.
NEWLY REVISED.
SECTION 5.
CITIZEN COMMENT
5.1
Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name for the
record, and limit their remarks to three (3) minutes. No speaker may conveyor
donate his or her time for speaking to another speaker. All remarks will be
addressed to the Council as a whole, and not to individual City staff members.
Any person making personal, impertinent, or slanderous remarks, or who
becomes boisterous, threatening, or personally abusiye while addressing the
Council, may be requested to leave the meeting.
9
5.2
5.3
The Mayor has the authority to preserve order at all meetings of the Council, to
cause the removal of any person from any meeting for disorderly conduct and to
enforce these Rules. The Mayor may command assistance of any peace officer
of the City to enforce all lawful orders of the Mayor to restore order at any
meeting.
Citizens with complaints, concerns or questions, will be encouraged to refer the
matter to the City Manager, or ask that the matter be placed on a future City
Council meeting, or Council Committee agenda with the appropriate
background information. Any citizen who voices a concern or complaint at a
City Council meeting which involves a potential violation of the City's Code of
Ethics shall be adyised by the Council, or City Management staff, of the
existence of the City's Board of Ethics, and of the procedures for requesting
Ethics Board opinions and/or inyestigations from the Ethics Board.
SECTION 6.
MOTIONS
6.1
6.2
6.3
6.4
6.5
6.6
Ifa motion does not receiye a second, it dies. Motions that do not need a second
include: Nominations, withdrawal of motion, agenda order, request for a roll
call yote, and point of order.
A motion that receives a tie yote is deemed to have failed.
When making motions, be clear and concise and not include arguments for the
motion within the motion.
After a motion and second, the Mayor will indicate the names of the Council
Members making the motion and second.
After a motion has been made and seconded, the Council may discuss their
opinions on the issue prior to the yote. No further citizen comments may be
heard when there is a motion and a second on the floor, unless allowed by the
Mayor.
After a motion has been made and seconded, the Council may ask questions of
staff and/or discuss their opinions on the issue prior to the yote. No further
citizen comments may be heard when there is a motion and a second on the
floor, unless allowed by the Mayor.
When the Council concurs or agrees to an item that does not require a formal
motion, the Mayor will summarize the agreement at the conclusion of the
discussion.
10
6.7
A motion may be withdrawn by the maker of the motion, at any time, without
the consent of the Council.
6.8
A motion to table is undebatable and shall preclude all amendments or debates
oftbe issue under consideration. If the motion to table prevails, the matter may
be "taken from the table" only by adding it to the agenda of a future Regular or
Special meeting at which time discussion will continue; and if an item is tabled,
it cannot be reconsidered at the same meeting.
6.9
A motion to postpone to a certain time is debatable as to the reason for the
postponement but not to the subject matter of the motion; is amendable; and
may be reconsidered at the same meeting. The question being postponed must
be considered at a later time at the same meeting, or to a time certain at a future
Regular or Special City Council meeting.
6.10
A motion to postpone indefinitely is debatable as to the reason for the
postponement as well as to the subject matter of the motion; is not amendable,
and may be reconsidered at the same meeting only ifit received an affirmative
yote.
6.11
A motion to call for the question shall close debate on the main motion and is
undebatable. This motion must receiye a second and fails without a two-thirds'
(2/3) yote; debate is reopened if the motion fails.
6.12
A motion to amend is defined as amending a motion that is on the floor and has
been seconded, by inserting or adding, striking out, striking out and inserting,
or substituting.
Motions that cannot be amended include: Motion to adjourn, agenda order, lay
on the table, roll call yote, point of order, reconsideration and take from the
table. A motion to amend an amendment is not in order.
6.13
Amendments are yoted on first, then the main motion as amended (if the
amendment receiyed an affirmative vote).
6.14
The motion maker, Mayor or City Clerk should repeat the motion prior to
voting.
6.15
At the conclusion of any vote, the Mayor will announce the results of the vote.
6.16
When a question has been decided, any Council Member who voted in the
majority may moye for a reconsideration, but no motion for reconsideration of a
vote shall be made after the meeting has adjourned.
11
6.17
The City Attorney shall decide all questions of interpretations of these Rules
and other questions of a parliamentary nature which may arise at a Council
meeting. (See also Section 4 of these Rules.) All cases not provided for in these
Rules shall be governed by Robert's Rules of Order, Newly Reyised. In the
eyent of a conflict, these Rules shall preyail.
6.18
Roll call votes will be taken during all teIeyised Council meetings on non-
unanimons votes, or if requested by a Council Member, or as required by law.
The purpose of roll call votes is to assist the City Clerk in recording the yote and
to communicate to the Yiewing public during teleyised City Council meetings the
outcome of the yote. The official meeting minutes will always reflect roll call
yotes on each action item.
6.19
The Presiding Officer's decision on a point of order may be appealed. If
seconded, the appeal may be yoted on by the Council. An appeal may not be
amended, is not debatable when it relates to indecorum, transgressions of the
rules of speaking, the priority of business, or if the appeal is made while the
preYious question remains pending. In the eyent of a tie yote, the decision ofthe
Presiding Officer stands. An appeal is not in order when another appeal is
pending.
SECTION 7.
ORDINANCES
7.1
All ordinances shall be prepared or reyiewed by the City Attorney. No
ordinance shall be prepared for presentation to the Council, unless requested by
a majority of the Council, or requested by the City Manager or City Attorney.
7.2
Ordinances will be introduced and enacted by a Council Bill Number. After
enactment, the City Clerk shall assign a permanent ordinance number.
7.3
The City Clerk or designee shall read the title of the ordinance prior to yoting
unless the ordinance is on the Consent Agenda.
7.4
Upon enactment of the ordinance, the City Clerk shall obtain the signature of
the City Attorney. After the City Attorney's signature, the City Clerk shall
obtain the signature of the Mayor. After the Mayor's signature, the City Clerk
shall sign the ordinance.
7.5
Ordinances, or ordinance summaries, shall be published in the official
newspaper, as a legal publication, immediately following enactment.
7.6
Ordinances become effective thirty (30) days after the passage ofthe ordinance
unless otherwise specified.
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SECTION 8.
MAYOR AND DEPUTY MAYOR
8.1
The Presiding Officer at all meetings ofthe Council shall be the Mayor, and in
the absence of the Mayor, the Deputy Mayor will act in that capacity. If both
the Mayor and Deputy Mayor are absent, the Council Members present shall
elect one of its members to serve as Presiding Officer until the return of the
Mayor or Deputy Mayor.
8.2
The Presiding Officer shall:
(1)
Preserye order and decorum in the Council chambers;
(2)
Observe and enforce these Rules;
(3)
Decide all questions on order, in accordance with these Rules, subject to
appeal by any Council Member;
(4)
Recognize Council Members in the order in which they request the floor.
The Presiding Officer, as a Council Member, shall haye only those
rights, and shall be goyerned in all matters and issues by the same rules
and restrictions as other Council Members; and
(5)
From time to time, appoint Council Members to serve on City Council
and ad hoc committees.
SECTION 9.
COUNCIL RELATIONS
STAFF
WITH CITY
9.1
There will be mutual respect from both City staff and Council Members oftheir
respectiye roles and responsibilities when, and if, expressing criticism in a
public meeting.
9.2
City staff will acknowledge the Council as policy makers, and the Council
Members will acknowledge City staff as administering the Council's policies.
9.3
All written informational material requested by indiyidual Council Members
shall be submitted by City staff, after approyaI of the City Manager, to all
13
Council Members with a notatiou iudicating which Council Member requested
the information.
9.4
Council Members shall not attempt to coerce or influence City staff in the
selectiou of personnel, the awarding of contracts, the selection of consultants,
the processing of deyelopment applications or the granting of City licenses or
permits.
9.5
The Council shall not attempt to change or interfere with the operating rules
and practices of any City department.
9.6
Mail that is addressed to the Mayor and Council Members shall be copied and
circulated to all City Council Members by the City Clerk, as soon as practicable
after it arrives.
9.7
The City Clerk shall not open mail addressed to individual Council Members if
it is marked personal and/or confidential.
9.8
No Council Member shall direct the City Manager to initiate any action or
prepare any report that is significant in nature, or initiate any significant
project or study without the consent of a majority of the Council. New
initiatives having policy implementation shall be directed to a Council
Committee for consideration.
9.9
IndiyiduaI requests for information can be made directly to the Department
Director unless otherwise determined by the City Manager. If the request
would create a change in work assignments or City staffing levels, the request
must be made through the City Manager.
9.10
To provide staff the necessary preparation time, Council Members will provide
staff adyance notice of any questions or concerns they may have regarding an
agenda item prior to a public meeting, if possible.
SECTION 10.
COUNCIL MEETING STAFFING
10.1
The City Manager shall attend all regular meetings of the Council unless
excused. The City Manager may make recommendations to the Council and
shall have the right to take part in the discussions ofthe Council, but shall haye
no vote. When the City Manager has an excused absence, the designated Acting
City Manager shall attend the meeting.
10.2
The City Attorney shall attend all meetings ofthe Council unless excused, and
shall, upon request, giye an opinion, either written or oral, on legal questions.
14
The City Attorney shall act as the Council's parliamentarian. The Deputy or
Assistant City Attorney shall attend meetings when the City Attorney has been
excused.
10.3
The City Clerk, or designee, shall attend Regular meetings of the Council, keep
the official journal (minutes), and perform such other duties as may be needed
for the orderly conduct of the meetiug.
SECTION 11.
COUNCIL MEMBER ATTENDANCE AT
MEETINGS
11.1
11.1
follows:
(1) Death of immediate familv member. "Immediate familv members" are
defined as: spouse, child, parents, siblin¡¡s, ¡¡rand parents, father and
mother-in-law, or dau¡¡hter and son-in-law.
Illness. Illness of a Council member or of an immediate family member,
as defined above, requirin¡¡ the member to personallv attend and care
for the immediate familv member.
Three nonconsecutiye absences. Three (3) nonconsecutive absences per
calendar year provided that prior notice is ¡¡iyen to as referenced in
Section 11.3.
Absences for Council Business. A Council member who is abse1lt because
of other commitments representinfl Councilor because of circumstances
beJ'ond the Council member's control, which include bul are not limited to
traffic. weather, accident.
VACANCY OF OFFICE. A Council position shall become vacant upon three
(3) consecutive unexcused absences or more than three (3) lIonconsecutiye
absences as defined in Section 11.1(3). (RCW 35A.12.060)
Council Members will inform the Mayor, ø-GJUBcil l\'JembCf'-;.the City Manager
or City Clerk if they are unable to attend any Council meeting, or if they
knowingly will be late to any meeting. The minutes will show the Council
Member as haying an excused absence.
EXCUSED ABSENCES,
Excused absences are defined as
(2)
(3)
(4)
11.2
11.3
SECTION 12.
PUBLIC HEARINGS
12.1
TYPES There are two types of public hearings: legislative and quasi-judicial.
The Mayor will state the public hearing procedures before each public hearing.
Citizens may comment on public hearing items.
15
12.2
LEGISLATIVE PUBLIC HEARINGS The purpose of a legislative public
hearing is to obtain public input on legislatiye decisions on matters of policy,
including without limitation, review by the City Council of its comprehensiye
land use plan or the biennial budget.
I 12.3
QUASI-JUDICIAL PUBLIC HEARINGS. The purpose of a quasi-judicial
public hearing is to decide issues including the right of specific parties and
include, without limitation, certain land use matters such as site specific rezones,
preliminary plats, and yariances. The City Council's decision on a quasi-
judicial matter must be based upon and supported by the "record" in the
matter. The "record" consists of all testimony or comment presented at the
hearing and all documents and exhibits that haye been submitted. In quasi-
judicial hearings, Council Members shall comply with all applicable laws
including without limitation the appearance offairness doctrine (Chapter 42.36
RCW).
APPEARANCE OF FAIRNESS. Council members should reco!!nize that the
Appearance of Fairness Doctrine does not require establishment of a conflict of
interest, but whether there is an appearance of conflict ofinterestto the avera!!e
pcrson. This may involve the Council member or a Council member's business
associate, or immediate family. It could involve ex parte (outside the hearin!!)
communications, ownership of prOI)ertv in the vicinity, business dealin!!s with
the proponents and/or opponents before or after the hearing, business dealings
of the Council member's emplover with the proponents and/or oPDoncnts,
announced predispositions, and the like, Prior to any quasi-judicial hearing,
each Council member should !!ive consideration to whether a potential violation
ofthe Appearance of Fairness Doctrine exists. Uso, no matter how I"emote, the
Council member shonld disclose thc facts to the Citv Manager who will seek the
opinion of the City Attorney, which will be communicated to the Council
member and the Mayor.
SECTION 13.
MEDIA REPRESENTATION AT
COUNCIL MEETINGS
13.1
All public meetings of the City Council, Council Committees, and Council
advisory committees shall be open to the media, freely subject to recording by
radio, teIeyision and photographic services at any time, provided that such
arrangements do not interfere with the orderly conduct of the meeting. Seating
space shall be proyided for the media at each public meeting.
SECTION 14.
COUNCIL REPRESENT A TION
16
~14.1 If a Council Member appears on behalf of the City before another I
goyernmentaI agency, a community organization, or through the media, for the purpose of
commenting on an issue, the Council Member neeåshall t&state the majority position oCthe I
Council, if known, on such issue. Personal opinions and comments which differ from the
Council majority may be expressed if the Council Member clarifies that these statements
do not represent the Council's position.
14.2 Council Members need to have other Council Members' concurrence before
representine (1) another Council Member's view or position, or (2) the majoritv of
Council's yiew or position with the media, another eovernmentaI aeencv or community
oreanization.
14.3 Letters, written statements, neWSDaper euest oJ)inions bv a Council member, and so on,
which state a Council opinion or policv shall he submitted to the full Council for review,
comment and nnal approval prior to their release.
14.4 As a matter of courtesv, letters to the editor, interviews or other communication by a
Council member of a controversial nature, which do not express the majority opinion of
the Council, should be presented to the full Council iø the Colløeil aecnda paek-et prior to
publication so that the Council members mav be made aware oCthe impendiue publication.
SECTION 15.
CONFIDENTIALITY
15.1
Council Members sIwukIshall keep confidential aU written materials and yerbal I
information, includine but not limited to the topic(s) and/or the substance,
proyided to them during Executiye Sessions, to ensure that the City's position is
not compromised. Confidentiality also includes information proyided to
Council Members outside of Executive Sessions when the information is
considered to be exempt from disclosure under exemptions set forth in the
Reyised Code of Washington (RCW 42.23,O70(3)l. I
15.2
If the Council, in Executive session, has proYided direction or consensus to City
staff on proposed terms and conditions for any type of issue, all contact with the
other party should be done by the designated City staff representative handling
the issue. Council Members should obtain the permission of the City Manager
prior to discussing the information with anyone other than other Council
Members, the City Attorney or City staff designated by the City Manager. Any
Council Member haying any contact or discussion needs to make full disclosure
to the City Manager and/or the City Council in a timely manner.
17
SECTION 16.
COUNCIL TRAVEL AND EXPENSES
16.1
PURPOSE AND ADMINISTRATION
The ohjectiyes of this policy are to proyide elected officials who incur authorized
trayel, subsistence, registration and related expenses while on city business,
reasonable and timely mechanisms for the reimbursement and/or the
advancement of such necessary expenditures.
It is also recognized that City payment for business related food and beverage
for non-travel purposes will be incurred by the City Council wherein
reimbursement will be proyided. This policy statement also serves to provide
guidelines by which to determine whether or not expenditures by the City
Council may be reimbursable to the Council Member, and by which to
determine refreshments and related costs served or made ayailabIe at meetings
involving volunteers and other quasi-employees are legitimate City
expenditures.
Claimants have the responsibility for becoming knowledgeable about authorized
expenditures and the documentation requirements. Care must be taken to avoid
unnecessary or excessiye expenditures, and those not directly and reasonably
related to the conduct of City business.
16.2
DOCUMENTATION
Except for per diem allowances, no claim for reimbursement shall be paid
unless it is accompanied by a bona fide yendor's receipt. Such receipts should
show the date, a description of the purchase, yendor identification and amount
paid.
16.3
CLAIMS
Claims for reimbursement shall contain the following:
(1)
The name of the person who consumed the goods or used the service for
which reimbursement is requested, whether it be for meals, lodging,
transportation or any other purpose.
(2)
A description ofthe event, occasion or circumstances related to the claim
and the public policy or public purpose served.
18
16.4
MEALS
Meal costs must be iucurred directly by the claimant; direct billing to the City
by a restaurant is prohibited except by way of an authorized City credit card.
Payment for table service at a restaurant, commonly referred to as a tip, not to
exceed fifteen percent (15%) of the restaurant price ofthe meal, is reimbursable
as a reasonable and necessary cost for such service.
16.5
PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS
The reasonable cost of necessary meals while conducting City business is
authorized for reimbursement.
All City officials claiming reimbursement for meals consumed while on City
business shall be entitled to reimbursement not to exceed the Renzheimer
MeaIILodging Index.
Notwithstanding the foregoing index, actual meal costs may be claimed when
they are part of a regularly scheduled business event such as training seminar,
professional meeting, or other business meeting.
If the costs of meals for persons other than the claimant are included, those
persons must be entitled to meal reimbursement in their own right and they
shall be listed by name and title in claim documentation.
16.6
EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS
Unauthorized expenditures include, but are not limited to:
(1)
Liquor.
(2)
Expenses of a spouse or other persons not authorized to receive
reimbursement under this policy.
16.7
TRAVEL
Reimbursement for reasonable costs of business trayeI is authorized. General
guidelines are as follows.
16.8
CITY VEHICLE
Out-of-the-area costs ofyehicle operation are authorized, such as gas, oil, tires
and necessary repairs.
19
16.9
16.10
16.11
PERSONAL VEHICLE
Expenses shall be reimbursed for travel within a 300 mile radius of the City at
such rate per mile as shall be established from time to time by the City Manager
in his/her discretion, but not to exceed the then current maximum rate allowed
by the United States Internal Revenue Service for reimbursement of such
expenses for purposes of business trayeI expense deductions. Trips beyond this
limit will be reimbursed at the lower of a) the established rate per mile, or b) the
lowest ayailable (other than non-refundable) airfare obtainable by the City's
Purchasing Manager plus mileage reimbursement at the then current City rate,
based upon the estimated distance between the airport and the destination.
Incidental travel costs such as parking, ferry or bridge tolls are reimbursable as
they would be if a City yehicle was provided.
RENTAL VEHICLE
The cost of vehicle rental is considered an exception to this policy and must be
approved in writing per Section 4A (Meal Reimbursement for Non-City
Officials). Vehicle rental authorization must be separately set out in any request
for approval of such expenses. Approval ofyehicIe rental as an item on a trayel
advance request will not be considered sufficient authorization without a
separate statement presenting the reason such an expenditure is required.
AIR TRAVEL
Arrangement for air travel on City related business shall be arranged by the
Purchasing staff of the Finance Department or as otherwise designated by the
City Manager as outlined below:
(I)
Whenever feasible, the need for air trayel arrangements should be
proyided by way of the normal requisition process at least 5 weeks in
advance of the departure date.
(2)
The authorized procurer will arrange for air travel based on the lowest
ayailable (other than non-refundable) airfare for a regularly scheduled
flight which reasonably accommodates the time oftrayeI requested, and
the destination as specified by the requisitioning department.
(3)
The authorized procurer will purchase the tickets at the time the rate is
quoted and the Council Member will be advised of the arrangements for
acquiring the tickets.
(4)
If personal trayel is combined with business related trayeI, the trayeling
Council Member shall be responsible for paying the increase in airfare
20
16.12
16.13
16.14
necessary to accommodate the personal part of the flight. The City shall
only pay the lowest ayailable (other than non-refundable) airfare for the
round trip between the Seattle/Tacoma airport and the business related
destination. Such payment for a personal trayel shall accompany the
City's payment to the yendor for the tickets.
(5)
If changes in trayel plans occur that are the result of City business
requirements, (i.e. delays in departure, cancellations, extended stays, or
revised itinerary) any associated costs shall be paid by the City.
Howeyer, all increase in cost of travel due to changes for personal
convenience will be borne by the Council Member.
(6)
Officials who obtain airline tickets on their own will be reimbursed
based on the lower of: a) Actual out-of-pocket cost paid for the airline
tickets or alternate means of transportation (substantiated by a receipt);
or b) the lowest (other than non-refundable) airfare available for their
time of travel, unless an exception is granted in writing by the City
Council. In this case, the official must pay the cost ofthe travel and seek
reimbursement along with all other travel expenses. Direct billing of
airfare to the City is allowed only if ordered by the Purchasing Staff, as
may be authorized by the City Manager.
FIRST CLASS AIR TRAVEL
First class air travel is not authorized.
OTHER TRAVEL EXPENSES
Miscellaneous travel costs such as bus, taxi, bridge or other tolls, parking, ferry,
porter, bellman and the like (not including any maid service) are authorized by
a listing of same as provided by the reimbursement form. Payment of a
reasonable amount for porter serYice, bellman service and the like is considered
to be a necessary payment for such service and, therefore, reimbursable.
VENDOR'S RECEIPT
A yendor's receipt will be required only when the single item cost of this type
expense exceeds $10.00.
Local parking, ferry and bridge tolls may be reimbursed through the Petty Cash
system, subject to the Petty Cash Guidelines.
21
16.15
16.16
16.17
16.18
16.19
OUT-OF-STATE OR OVERNIGHT TRAVEL
To be eligible for any City reimbursement for out of state and/or overnight
trayeI expense, the one way travel distance must be greater than 50 miles from
City or home.
ACCOMMODATIONS
Reasonable hotel/motel accommodations for officials are acceptable and will be
reimbursed at a maximum of the single room rate. A yendor's receipt for this
category is required for all claims. Direct billing of hotel/motel charges is not
allowed unless by way of an authorized City credit card.
INCIDENTAL EXPENSES
Includes all reasonable and necessary incidental expenses and includes, but is
not limited to, the following.
ALLOWABLE INCIDENTAL EXPENSES
Laundry expenses if away from home four (4) or more calendar days.
Baggage checking.
Business telephone and postage expenses. Personal telephone calls home, if
away from home for more than a 24 hour duration, are considered a business
telephone expense.
NON-ALLOW ABLE INCIDENTAL EXPENSES
Personal entertainment.
Theft, loss or damage to personal property.
Expenses of a spouse, family or other persons not authorized to receive
reimbursement under this policy
Barher or beauty parlor services.
Airline and other trip insurance.
Personal postage, reading material, telephone calls.
Personal toiletry articles.
22
16.20
16.21
16.22
(2)
(3)
NON-TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subject to the followiu!!:
(1)
Meals consumed by the City official during meetings and other functions
which conduct official City business or serve to benefit the City of
Federal Way are reimbursable to the official.
(2)
Generally, the City will not incur costs for refreshments, and other
related items, for meetings or functions held in the normal course of
business or that are attended solely by City officials. Howeyer, such
meetings or functions wherein a municipal function, public purpose, or
City program is seryed or furthered, and wherein the City Council has
expressly approyed the meeting as such, the City may incur such costs
directly or as a reimbursement to employees who have incurred such
costs on behalf of the City.
(3)
Refreshments purchased solely for personal entertainment are not a
legitimate City expense.
CEREMONIES AND CELEBRATIONS
(1)
Reasonable expenses, including food and beverage, associated with
commemorating a dedication or an unveiling that is recognized as
serving a public purpose are legitimate City expenditures.
Priyate celebrations rather than public celebrations are not generally
considered as serving a public purpose. Refreshment, food and beyerage
related costs would therefore not be recognized as legitimate City
expense.
Support of a local "event" or celebration may not take the form of a
gratuitous contribution of public funds to a private person, committee or
organization. Expenditure of public funds on a publicly sponsored eyent
requires the existence of a recognizable public purpose that relates to the
City's existence, proper authorization from the legislative authority for
such public sponsorship, and a reasonable relationship between the
amount of the City's expenditure and the "public" nature of the event.
MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS
Council Member claims for the reimbursement of meal costs for non-city
employees and non-city officials shall be documented by a memo authorized by
23
16,23
16.24
16.25
16.26
16.27
16.28
the Mayor or, in the Mayor's absence, the Deputy Mayor. The memo must
identify:
(1)
The names of the indiyiduaI or individuals being hosted;
(2)
Their official title or capacity as it related to City business;
(3)
The explanation of why this expenditure was an appropriate use of City
funds.
CLAIMS AND APPROVAL PROCEDURE
All claims shall be submitted for reimbursement using the form provided by the
City Finance Department. Travel and subsistence expenses except for incidental
and minor costs will not be paid from any Petty Cash Fund, unless as in
compliance with petty cash policy adopted by the City.
Special approvals required by this policy shall be obtained by Council
Members, from the Mayor, or in his/her absence, by the Deputy Mayor. Such
approyals shall be by separate memo which identifies the policy exception being
authorized and explains the reasons therefor.
Claims may include the reimbursable costs of other City officials who would be
entitled in their own right to claim business expenses.
Claims of Council Members must be approyed by the Mayor or in his/her
absence the Deputy Mayor.
Exceptions to the expense rules for unusual circumstances may be approved at a
regular City Council meeting by a majority vote of the Council Members
present at the meeting.
In preparation of the City's annual operating budget, Council Member travel
and training expenses shall be anticipated and included in budget
appropriations. Attendance at annual conferences of municipal officials, such
as the National League of Cities or Association of Washington Cities, shall be
addressed at the time of budget adoption to reflect the number of Council
Members who will attend to represent the City.
Meetings, conventions or training programs that require expenditure offunds
to be reimbursed or paid on behalf of Council Members, and that are not
anticipated at the time of budget adoption, must be submitted to the Council for
approyal. The request must be presented to the Council in a timely manner
prior to the eyent to permit an opportunity for the Council to reyiew and
24
approye or deny the request based on its merit, to allow all Council Members
opportunity to discuss the appropriate Council attendance. The request shall
include: (a) Name of organization sponsoring meeting, (b) Why attendance is
requested; benefits to the City, (c) Council Member(s) to attend, (d) Location,
(e) Attendance dates, and (t) Estimated cost to the City.
16.29
A report, oral and/or written as appropriate, shall be made to the Council at a
meeting no later than two (2) weeks following said conference, seminar or
training, in order that the full Council may benefit from the training experience
received by the Council Member who attended. A record of such reports shall
be maintained by the City Clerk.
The Mayor shall make an annual State of the City report during a regularly
scheduled City Council meeting; a written report shall be made ayaiiabIe to the
public at the time of the meeting.
The City Manager shall provide an Executive Summary following each City
Council retreat; a written report shall be made available to the public the first
working day followiug the retreat.
SECTION 17.
PUBLIC RECORDS
17.1
Public records created or received by the Mayor or any Council Member should
be transferred to the City Clerk's office for retention by the City in accordance
with the Public Records Act, Chapter 42.17 RCW. Public records that are
duplicates of those received by, or in the possession of the City, are not required
to be retained. Questions about whether or not a document is a public record or
if it is required to be retained should be referred to the City Attorney.
17.2
(Reser','cd fw',-...fA&troltœ--ReeøFdslEleetnmic.-MmijElectronic mail
communications that do not relate to the functional responsibilitv of the
recipient or sender as a public official. such as meetin!! notices, reminders,
telephone messages and informal notes, do not constitute a public record. All
other messages that relate to the functional responsibility of the recipient or
sender as a public oflïcial coustitute a public record.
E-mail communications (hat are intended to be shared amon!! four or more
Council members. whether concurrently or serially. must be considered in light
of the Open Public l\1eclings Act. If the intended purpose of the e-mail is to
haye a discussion that should be held at an OIJen meeting. the electronic
discussion should not "('Cllr. Furtht'r, the use of e-mail communication to form
a collective decision oLJJ'.i' Council violates the Open Public Meetinl!s Act.
25
18.5
18.6
18.7
18.8
SECTION 18.
CITY MANAGER EVALUATION
PROCESS
18.1
The Mayor, Council Members and City Manager will determine the eyaIuation
criteria and format for the process.
18.2
After the criteria haye been deyeloped, the Council Members need to concur on
when the completed evaluation forms are due and who will collect these
documents.
18.3
Council Members need to discuss and decide ifthe Mayor and one (1) or more
Conncil Members should meet prior to the actual eyaIuation; this meeting
would allow time to summarize the comments; also, this sub-committee (of less
than a quorum) could determine recommendations for the City Manager's
employment contract amendments, including, but not limited to, salary,
performance payment, cost-of-living increase; the sub-committee can make a
recommendation to the entire Council at the time of the eyaIuation.
18.4
Copies of the City Manager's current employment contract shall be made
ayailable to the entire Council.
At the eyaIuation session, the summary comments may be given, as well as
indiyiduaI comments by Council Members; the City Manager may wish to
respond which is usually at the conclusion of the Council comments; the City
Manager's contract should be discussed and any recommendations may be
concurred to by the Council.
The eyaluation is held in Executiye session. Attendance is limited to the Mayor,
Council Members, City Manager and City Attorney.
The final step of the City Manager evaluation process is to haye the City
Attorney prepare amendments, if any, to the City Manager's employment
contract. This contract needs to be approved as a Consent Agenda item at a
Council meeting.
The Mayor shall prepare a press release no later than the next working day
following the Executive Session regarding the results of the eyaluation.
26
SECTION 19.
MA YORIDEPUTY MAYOR SELECTION
PROCESS
19.1
The Mayor and the Deputy Mayor shall be nominated and elected from the
ranks of the sitting Council Members.
19.2
The Mayor and Deputy Mayor shall be elected for two (2) year terms at the first
Regular City Council meeting in January of the applicable year, by a majority
yote of the City Council in accordance with RCW 35A.13.030 and .035.
19.3
The City Clerk or designee shall conduct the election for Mayor. The Mayor
shall then conduct the election for the Deputy Mayor. (See Appendix "A" to
these Rules.)
SECTION 20.
CITY ADVISORY COMMITTEES
20.1
Federal Way's commissions, committees and task forces proYide an invaluable
serYice to the City. Their adyice on a wide yariety of subjects aids the Mayor
and Council Members in the decision-making process. Effectiye citizen
participation is an invaluable tool for local goyernment.
20.2
These advisory bodies originate from different sources. Some are established by
ordinance while others are established by motion of the City Council. It is atthe
discretion of the Council as to whether or not any advisory body should be
established by ordinance.
20.3
Federal Way adyisory bodies bring together citizen viewpoints which might not
otherwise be heard. Persons of wide-ranging interests who want to participate
in public seryice but not compete for public office can be inyolved in
governmental commissions, committees and task forces. These bodies also serve
as a training ground or stepping stone for qualified persons who are interested
in seeking public office.
20.4
As Federal Way advisory bodies haye been formed since incorporation, the
adoption of uniform rules of procedure is necessary to assure maximum
productivity. The following policies goyern the City's advisory groups; some of
these adyisory groups may haye more specific guidelines set forth by ordinance,
resolution, the Federal Way City Code, or at times by state law.
20.5
Eyery advisory body, when it is formed, will have a specific statement of
purpose and function, which will be re-examined periodically by the City
Council to determine its effectiyeness. This statement of purpose is made
available to all citizen members when they are appointed.
27
20.6
20.7
20.8
20.9
20.10
20.11
20.12
20.13
20.14
The size of each advisory group is determined by the City Council and the size is
related to its duties and responsibilities. Another determination to be made
prior to formation, is the cost impact for City staffing a proposed advisory body.
The Council may dissoIye any adYisory body that, in their opinion, has
completed its working function or for any other reason.
Members and alternate members of all advisory bodies are appointed by
majority yote of the Council Members during a regularly scheduled meeting.
The Council Committee of the Whole shall be conyened to review, interview
and recommend Citizen Advisory Committee appointments to the City Council.
Any Council Member who shall attend the public interview session shall be
eligible to yote on the recommendation to be made to the full Council. A
quorum of three (3) Council Members shall be required to forward any
recommendation to the full Council. The full City Council shall yote on the
appointments to the Citizen AdYisory Committee at a regularly scheduled
Council meeting.
The City Council may approye reappointment of citizens wishing second terms
subject to any limits established by ordinance or other laws.
Council Members will raise any concerns about any recommendation prior to
the City Council meeting that is scheduled for the approval ofthe appointment.
Vacancies are adyertised so that any interested citizen may submit an
application. Applicants must be citizens of the City of Federal Way if required
by the Federal Way City Code or if required by the City Council. Council
Members are eucouraged to solicit applications from qualified citizens.
Applications shall be ayailable from the Office of the City Clerk.
Lengths of terms vary from one advisory body to another, but in all cases
oyerlapping terms are intended. On special work task forces, where a specific
project is the purpose, there need not be terms of office.
Newly appointed members will receive a briefing by the commission, committee
or task force chairperson and/or City staff, regarding duties and responsibilities
of the members of the adYisory body. This will include a review of the City of
Federal Way Ethics Code. Each newly-appointed member will receive an
information packet which will iuclude a Certificate of Appointment signed by
the City Council, a commission, committee or task force membership list,
responsible City staff member, statement of purpose for the adYisory body
28
20.15
20.16
20.17
20.18
20.19
20.20
20.21
20.22
20.23
which may include an ordinance, resolutiou, bylaws, or annual work program
aud a copy of the City of Federal Way Ethics Code.
All adYisory bodies will be respousible for adopting their operating policies
consistent with the establishing resolution or ordinance.
All meetings of adYisory bodies are open to the public in accordance with the
public meeting laws of the State of Washington which requires a minimum 24-
hour advance notice; no advisory committee will schedule a meeting earlier than
7:00 a.m.
The number of meetings related to business needs ofthe adYisory group may be
set by the individual body, unless set forth in a resolution or ordinance. Notice
of all meetings, including date, time, place and principal subjects to be discussed
will be published in accordance with the public meetings laws of the State of
Washington and the policies of the City of Federal Way.
The advisory body chairperson will be respousible for coordiuating the meeting
agendas with the appropriate City support staff.
Minutes will be kept of all meetings in accordance with the public meeting laws
of the State of Washington. The appropriate City support
staff will be responsible for preparation of the minutes of each advisory
committee meeting.
Excessive absenteeism, excludiug illness or required travel, is cause for the
removal of an advisory body member. Three (3) cousecutiye absences will be
considered resignation from the body unless prior to the third abseuce, the
member has requested, and beeu granted, an excused absence. The adYisory
body granting the excused absence will determine the yalidity of the request.
Members may resign at auy time their personal circumstauces change to
preveut effective service.
Members may be removed, from any adYisory committee, prior to the
expiration of their term of office, by a majority yote of the City Council.
A quorum for conductiug business is a simple majority ofthe membership ofthe
advisory body.
All members of advisory bodies should be aware of the ueed to ayoid any
instauce of conflict of interest. No indiyiduaI should use au official position to
gaiu a personal advantage.
29
20.24
20.25
20.26
20.27
20.28
Lobbying efforts by any advisory bodies on legisIatiye, or political, matters
should first be checked for consistency with existing City policy by contacting
the City Manager's office. In the eyent a position is taken that differs from that
of the City's policy, an adyisory body acting as an official body of the City of
Federal Way, cannot represent that position before another body, Le., the State
Legislature or the King County Council. An indiyidual member is free to voice
a position, oral or written, on any issue as long as it is made clear that he or she
is not speaking as a representatiye of the City of Federal Way, or as a member
of his or her commission, committee or task force.
Members of adYisory bodies are encouraged to attend City Council meetings to
keep abreast of Council actions.
The City Council transmits referrals for information or action through the City
Manager to the adYisory groups. These adyisory groups transmit findings,
reports, etc., to the City Council through the City Manager.
While the City staffs role is one of assisting the commission, committee or task
force, the City staff members are not employees of that body. The City staff
members are directly responsible to his or her Department Director and the
City Manager.
Annually, each advisory committee shall develop a work program for the City
Council's consideration and approyal. The City Council may amend the
committee's work program.
SECTION 21.
CO UN CIL COMMITTEES
21.1
Council committees are policy review and discussion arms of the Council.
Committees may study issues and develop recommendations for consideration
by the Council. Committees may not take binding action on behalf of the City
unless a quorum ofthe City Council is present, the Council Committee has been
adyertised as a Special Meeting of the Whole City Council and, by majority
yote, the City Council has directed that such action occur at the Council
Committee.
Council Committee structure shall be as determined by the City Council in
January of each year. The 1999 committees are as follows:
FINANCE/ECONOMIC DEVELOPMENTIREGIONAL AFFAIRS
COMMITTEE
LAND USE/TRANSPORTATION COMMITTEE
30
PARKS/RECREATIONIHUMAN SERVICES & PUBLIC SAFETY
COMMITTEE
21.2
Committees shall establish regular meeting schedules as determined by the
Chair of the Committee in consultation with the Committee members.
21.3
Each committee will haye staff support assigued by the City Mauager. Staff will
work with the committee chairs to set agendas, proyide support materials and
prepare reports.
21.4
Summaries of each meeting will be prepared by staff and distributed to the
Mayor and Council Members. These summaries will be in lieu of verbal reports
at Council meetings.
21.5
The City Manager or Mayor may send issues directly to committees for their
review in lieu of being referred to committee by the entire Council.
21.6
Committee appointments (chairs and members) shall be made by the Mayor.
The Mayor will take into account the interests and requests of indiyiduaI
Council Members in making committee assignments.
21.7
Membership of each committee will consist of three (3) Council Members.
Council Members are expected to attend theiF a maiori~' of' each respective
committee meetin!!s a minimum of seventy rn'e percent (75(~<,) for each calendar
vear.
21.8
The Mayor shall be ~fÐ'.!.-.membeFsan "ex officio" member of each I
committee. The Deputy Mayor may serve as "ex officio" or be appointed to a
committee.
21.9
The Mayor will make committee assignments each January, with members
serving one (1) year terms. The Maror has the discretion to appoint or rcmove I
Committee members at aliI' time.
SECTION 22.
FILLING CITY COUNCIL VACANCIES
22.1
PURPOSE
The purpose of this section is to provide guidance to the City Council when a
Federal Way Council Member position becomes vacant before the expiration of
the official's elected term of office. Pursuant to state law, a vacancy shall be
31
22.2
22.3
filled only until the next regular municipal election, to serye the remainder of
the unexpired term.
REFERENCES
RCW 42.30.11 O(h) - Executiye Session Allowed to Consider Qualifications of a
Candidate for Appointment to Electiye Office.
RCW 42.30.060 - Prohibition on Secret Ballots.
RCW 42.12 - Vacant Position.
RCW 35A.13.020 - Vacancies - Filling of Vacancies in Councii/Manager Form of
Government.
APPOINTMENT PROCESS
(1)
A Council position shall be officially declared vacant upon the
occurrence of any ofthe causes of yacancy set forth in RCW 42.12.010,
including resignation, recall, forfeiture, written intent to resign, or death
of a Council Member. The Council Member who is vacating his or her
position cannot participate in the appointment process.
(2)
The City Council shall direct staff to begin the Council Member
appointment process and establish an interyiew and appointment
schedule, so that the position is filled at the earliest opportunity.
(3)
The City Clerk's Office shall prepare and submit a display
advertisement to the City's official newspaper, with courtesy copies to all
other local media outlets, which announces the yacancy consistent with
the requirements necessary to hold public office: that the applicant (a)
be a registered voter of the City of Federal Way, and (b) have a one (1)
year residency in the City of Federal Way. This display advertisement
shall be published once each week for two (2) consecutive weeks. This
display adyertisement shall contain other information, including but not
limited to, time to be served in the vacant position, election information,
salary information, Council Member powers and duties, the deadline
date and time for submittiug applications, interview and appointment
schedules, and such other information that the City Council deems
appropriate.
(4)
The City Clerk's Office shall prepare an application form which
requests appropriate information for City Council consideration of the
32
22.4
applicants. Applications will be available at City of Federal Way offices,
King County libraries located iu Federal Way, the Federal Way
Chamber of Commerce office, the Federal Way School District
administration office and such other locations that the City Council
deems appropriate. Copies ofthe display adyertisement will be proyided
to current members of City of Federal Way commissions, committees,
task forces and other City-sponsored citizen groups.
(5)
Applications received by the deadline date and time will be copied and
circulated, by the City Clerk's Office, to the Mayor and City Council.
Packets may also contain additional information received such as
endorsements, letters of reference and other pertinent materials.
(6)
The City Clerk's Office shall publish the required public notice(s) for the
meeting scheduled for interYiewing applicants for consideration to the
yacant position. This meeting may be a regularly scheduled City Council
meeting, or a special City Council meeting.
(7)
The City Clerk's Office shall notify applicants of the location, date and
time of City Council interyiews.
(8)
Prior to the date and time of the interview meeting, the Mayor shall
accept one interview question from each Council Member.
INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30 minutes in
length as follows:
(1)
(2)
(3)
(4)
(5)
The applicant shall present his or her credentials to the City Council. (10
minutes)
The City Council shall ask the predetermined set of questions which
must be responded to by the applicant. Each applicant will be asked and
will answer the same set of questions, and will haye 2 minutes to answer
each question. (14 minutes)
An informal question and answer period in which Council Members
may ask and receiye answers to miscellaneous questions. (10 minutes)
The applicants' order of appearance will be determined by a random lot
drawing performed by the City Clerk.
The Council may reduce the 30-minute interyiew time if the number of
applicants exceed six (6) candidates, or alternatively, the Council may
elect not to interview all of the applicants if the number exceeds six (6)
33
22.5
candidates. The decision as to which applicants to interyiew will be
based on the information contained in the application forms.
VOTING
Upon completion of the interviews, Council Members may convene into
Executive Session to discuss the qualifications of the applicants. Howeyer, all
interviews, deliberations. nominations and votes taken by the Council shall be in
open public session.
(1)
(2)
(3)
(4)
(5)
@§)
~2)
~
(@
The Mayor shall ask for nominations from the Council Members ~
Duroose of creatin!! a !!rOUD of candidates to consider. No second is
needed.
Nominations are closed bv a motion. second and majoritY vote of the
Council.
Council Members mav deliberate such matters as criteria for selection
and the nominated !!rOUD of candidates.
The Mayor shall Doll Council Members to ascertain that Council
Members are DreDared to vote.
!.ft@)' a DOmination and B@@ond DaB hen I'@@ei ed, t The City Clerk shall
proceed with a roll-call vote.
Elections will continue until a nominee receives a majority of foul' (4)
yotes of'the remaillinf! Council members.
At anytime during the election process, the City Council may postpone
elections until a date certain or regular meeting if a majority vote has not
been receiyed.
Nothing in this policy shall prevent the City Council from reconvening
into Executiye Session to further discuss the applicant/candidate
qualifications.
The Mayor shall declare the nominee receiying the majority vote as the
new Council Member and shall be sworn into office by the City Clerk at
the earliest opportunity or no later than the next regularly scheduled
City Council meeting.
(.!.Q1) If the City Council does not give a majority vote within 90 days of the
declared vacancy, the Revised Code of Washington delegates
appointment powers to King County.
34
SECTION 23.
MISCELLANEO US
23.1
When Council Members register to attend an official conference requiring
voting delegates, such as the annual National League of Cities or Association of
Washington Cities, the Council shall designate the voting deIegate(s) and
alternate yoting delegate(s) during a public meeting, by a majority yote; when
possible, said selection of voting
delegate(s) shall be done on a rotating basis for the purpose of allowing all
Council Members the opportunity to be an official yoting delegate.
SECTION 24.
SUSPENSION AND AMENDMENT OF
RULES
24.1
Any provision of these rules not goyerned by state law or ordinance, may be
temporarily suspended by a two-thirds (2/3) majority yote of the Council.
24.2 These rules may be amended, or new rules adopted, by a majority vote of the
Council.
K'\DOCUMEN'I\CCRULES.2002
01109/02
35
(2)
(3)
(4)
(5)
(6)
(7)
APPENDIX "A"
MA YORIDEPUTY MAYOR ELECTION PROCESS
(1)
Any Council Member may nominate a candidate; no second is needed.
Nominations are closed by a motion, second and 2/3 yote of Council.
If only one (1) nomination is made, it is appropriate to make a motion and obtain a
second to instruct the City Clerk to cast a unanimous ballot for that nomination.
Approval is by majority vote of Council Members present.
If more than one (1) nomination is made, an open election is conducted by roll call yote.
To be elected, the nominee needs a majority vote of the Council.
Elections will continue until a Mayor and Deputy Mayor are elected by a majority vote
of the Council.
The City Clerk shall declare the nominee receiying the majority yote as the new Mayor.
The new Mayor shall declare the nominee receiYing the majority vote as the new
Deputy Mayor. The Clerk shall swear the individuals into office.
36
MEETING DATE:
February 18,2003
ITEM#
--we
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2002 Comprehensive Plan Amendments
CATEGORY:
BUDGET IMPACT:
0
0
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
~ ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: I) Draft Adoption Ordinance; 2) Exhibit A -Comprehensive Plan Text and Map Amendments; 3) Exhibit B-
Site-Specific Requests/Amendments to the Comprehensive Plan Map and Zoning Map; 4) Exhibit C - February 10,2003,
Memorandum to the City Council; 5) Exhibit D - January 22, 2003, Memorandum to the Land Userrransportation Committee
(LUTe) (Please note that due to their bulk, Exhibits 1-27 of Exhibit D are not included, but are available in the Council Conference
Room); 6) Exhibit E -- January 21,2003, Petition on Site-Specific Request #1.
SUMMARYIBACKGROUND: Federal Way adopted its Comprehensive Plan in November of 1995, and amended the plan in
December of 1998, September 2000, and November 2001, Pursuant to RCW 36.70A.130, this year's update is the 7-year update.
The intent of the 7-year update is for a city to review its comprehensive plan to ensure that the plan complies with the key
requirements made to the Growth Management Act (GMA) between 1995 and 2001. As part of this year's amendments, four
requests for changes in comprehensive plan designation and zoning are being forwarded to the City Council for action,
Descriptions of these requests can be found in Exhibit C - February 10,2003, Memorandum to the City Council, and their locations
are shown in Exhibit B - Site-Specific Requests/Amendments to the Comprehensive Plan Map and Zoning Map. The Planning
Commission held public hearings on November 6, November 20, and December 4, 2002,
CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC discussed the Planning Commission's recommendation
during public meetings on December 16,2002, January 6, 2003, and January 27, 2003. At the close of the January 27th meeting, the
LUTC made a motion to recommend approval of the amendments to the text and maps ofthe comprehensive plan as recommended by
the Planning Commission and modified by the LUTC (Exhibit A), The following will result in changes to the Comprehensive Plan
Map, as well as the Zoning Map, For, Site-Specific Request #1, they recommended approval of Community Business with a
development agreement for only the Taylor and Peterson parcels, In addition, they recommended a change from Business Park to
Community Business for Site-Specific Requests #2 - STRS and #3 - Clerget L.P. They also recommended a change from Business
Park to Multiple FamilylRM 2400 for Site-Specific Request #4 - Kitts Comer, based on it becoming made part ofthe larger Kitts
Comer development agreement The LUTC made a motion to forward the comprehensive plan amendments to the full Council for
first reading on February 18,2003,
PROPOSED MOTION: "[ move approval of the ordinance adopting amendments to the comprehensive plan to second reading
and enactment on March 4, 2003,"
~ITY;¡~¡G~;:¡;;;O~¡~;-~ .
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0
0
0
0
APPROVED
DENIED
TABLEDillEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
2(?
Revised - 05/10/2001
1:IWORKINGI021803 CC Cover Agenda.doc/02l1112003 11 :15 AM
ORDINANCE NO.
DRAFT
;Z¡11/6l
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE
CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN
AND ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP.
WHEREAS, the GrowIh Management Act of 1990, as amended, (Chapter 36. 70A RCW or "GMA")
requires the City of Federal Way to adopt a comprehensive plan which includes a land use element
(including a land use map), housing element, capital facilities plan element, utilities element, and
transportation element (including transportation system map[s]); 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 land use map (the
"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, and November 1,2001; and
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, under RCW 36, 70A.130, by December, 2004, all jurisdictions within Washington State
must take action to review and, if needed, revise its comprehensive plan and development regulations to
ensure that they comply with the GMA; and
WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article
IX, Chapter 22 ofthe Federal Way City Code (FWCC); and
WHEREAS, in September 200 I, the City of Federal Way accepted requests for amendments to the text
and maps of the comprehensive plan and applications for site-specific changes to the Plan's land use map and
ORD#
,PAGE I
the City's zoning map, and considered amendments to the text and maps of the comprehensive plan and to
the Plan's land use map and the City's zoning map; and
WHEREAS, on June 29, 2002, the City SEPA Responsible Official issued a Determination of
Nonsignificance on the proposed amendments to the text and maps of the comprehensive plan and on the
site-specific changes to the Plan's land use map and the City's zoning map; and
WHEREAS, the proposed amendments to the text and maps of the comprehensive plan and the site-
specific changes to the Plan's land use map and the City's zoning map address all of the goals and
requirements set forth in the GMA; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
committees, and full City Council has received, discussed, and considered the testimony, written comments,
and material from the public, as follows:
I.
The City's Planning Commission considered the requests for amendments to the text and
maps of the comprehensive plan at public hearings held on November 6, 2002, and November 20,2002,
following which it approved and recommended adoption of the Plan text and map amendments;
2.
The City's Planning Commission considered the requests for site-specific changes to the
Plan's land use map and the City's zoning map, and considered the proposed amendments, on December 4,
2002, following which it approved and recommended adoption of certain of the requested site specific
changes and denial of others;
3,
The Land Use and Transportation Committee of the Federal Way City Council considered
the proposed amendments to the text and maps of the comprehensive plan and site-specific changes to the
Plan's land use map and the City's zoning map on December 16,2002, January 6, 2003, and January 27,
2003 following which it recommended adoption of the plan text and map amendments and recommended
adoption of certain of the requested site-specific map changes and denial of others; and
ORD#
, PAGE 2
4.
The full City Council considered the matter at its meetings on February 18,2003, and March
4,2003; and
WHEREAS, the City Council desires to adopt the Plan text and map amendments and certain of the
requests for site-specific changes to the Plan's land use map and the City's zoning map.
NOW, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as
follows:
Section I, Findings,
A.
The proposed amendments to the comprehensive plan, as set forth in Exhibit A hereto,
reflect new or updated infonnation developed since the initial adoption of the comprehensive plan, on
various elements of the comprehensive plan and comprehensive plan policies, They therefore bear a
substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the
City; and are consistent with the requirements of RCW 36,70A, the King County Countywide Planning
Policies, and the unamended portion of the Plan.
B,
The proposed amendments to the comprehensive plan land use map, set forth in Exhibit B
attached hereto, are compatible with adjacent land uses and surrounding neighborhoods and will not
negatively affect open space, streams, lakes or wetlands, or the physical environment in general. They will
allow for growth and development consistent with the Plan's overall vision and with the Plan's land use
element household and job projections, and/or will allow reasonable use of property subject to constraints
necessary to protect environmentally sensitive areas. They therefore bear a substantial relationship to public
health, safety, and welfare; are in the best interest ofthe residents of the City; and are consistent with the
requirements ofRCW 36. 70A, the King County Countywide Planning Policies, and the unamended portion
of the Plan,
c.
The proposed amendments to the Zoning Map set forth in Exhibit B attached hereto, are
consistent with the applicable provisions of the comprehensive plan and the comprehensive plan land use
ORD#
, PAGE 3
map proposed to be amended in Section 2 below, bear a substantial relation to public health, safety, and
welfare, and are in the best interest of the residents of the City.
Section 2.
Comprehensive Plan Amendmenls Adoption,
The 1995 City of Federal Way
comprehensive plan, as thereafter amended in 1998,2000, and 2001, including its land use element map,
copies of which are on file with the Office ofthe City Clerk, hereby are and shall be amended as set forth in
Exhibit A attached hereto, A copy of Exhibit A is on file with the Office of the City Clerk and is hereby
incorporated by this reference as if set forth in full.
Section 3, Zoning Map Amendments Adoption. The 1996 City of Federal Way Official Zoning
Map, as thereafter amended in 1998 and 2000, is hereby amended as set forth in Exhibit B, a copy of which
is on file with the Office ofthe City Clerk and which documents are hereby incorporated by this reference as
if set forth in full.
Section 4. Amendment Authority. The adoption of Plan amendments in Sections 2 and 3 above is
pursuant to the authority granted by Chapters 36, 70A and 35A,63 RCW, and pursuant to FWCC Section 22-
541.
Section 5, Severabilitv, 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 6, Savings Clause, The 1995 City of Federal Way Comprehensive Plan, and 1996 Zoning
Map, as thereafter amended in 1998, 2000, and 2001, shall remain in force and effect until the amendments
thereto become operative upon the effective date of this ordinance.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed,
ORD#
, PAGE 4
Section 8, Effective Date. This ordinance shall take effect and be in force five (5) days from and
after its passage, approval, and publication, as provided by law,
PASSED by the City Council of the City of Federal Way this
,2003,
day of
CITY OF FEDERAL WAY
Mayor, Jeanne Burbidge
ATTEST:
City Clerk, N, Christine Green, CMC
ApPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
1:\2002 Comprehensive Plan AmendmentslLUTClAdoption Ordinance.doc/02/ll/2003 3:53 PM
ORD#
, PAGE 5
EXHIBIT A
CITY OF FEDERAL WAY
COMPREHENSIVE PLAN
CITY COUNCIL DRAFT
0
0.5
1.5 2 Miles
1
City of Federal Way
Comprehensive Plan
2002
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Composite Map
Legend:
N City Limits
"". .. Potential Annexation Area
'. Site Requests
"Om
~~
mæ
,-~
01..
¡n
'"
~
N
Map Prlnted-October 18, 2002
N
City of Federal Way
Comprehensive Plan
2002
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Vilma Taylor
et al
Site Specific Request #1
Key:
Steep Slopes
IiiiI Wetlands
""Om
»x
G)::r:
mOJ
IJ).~
°'0)
ï1
..
#1
Map Printed-February 13, 2001
BP
Lowe's
BC
Vacant
BP
S, 356TH ST.
Warehouse
Vacant
Vacant
BP
Apts.
Nolo: TIll. m.p ¡.Intended for UI. .. a grophtcel ropro..nte6on only.
Tho C1ty of Fadorol Way mak.. no worronty.. to Its 1ICCIH'ItCJ'.
Video
Only
BC
Home Depot
Existing Designation:
Comprehensive Plan:
Business Park
Zoning: BP
Nursery
C
~.: 90 180 270 3~ Feet A
N
City of Federal Way
Comprehensive Plan
2002
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
STRS Associates
Site Specific Request #2
Key:
Steep Slopes
- Wetlands
"1Jm
»x
(VI
mro
~~
0
¡n
1ft
#2
Map Printed.Qctober 22, 2002
U UC::ICity of Federal Way
Comprehensive Plan
2002
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Clerget Industries
loP.- Rob Rueber
Site Specific Request #3
. I I
BP
Vacan
1( I Video
i Only
BC 'f
Existing Designation:
Comprehensive Plan:
Business Park
Zoning: BP
Lowe's
BC
BP
pet I Requested Designation:
Comprehensive Plan:
Community Business
Zoning: BC
RS35.0
Nolo: TIlls m.p ¡s¡mOOed for us. .s. 9rophlcal ropro..nt.Ucn only,
77Jo CIty of F.U."" W.y mok.s no worronty.. to n. occurocy,
N
Key:
Steep Slopes
- Wetlands
-om
>x
G)::I:
m-
I~ !E
r:---I
0
¡n
I'"
#3
Map Printed.Qctober 22, 2002
Existing Designation:
Comprehensive Plan:
Business Park
Zoning: BP
~
~
!i
BP
NoIe: TIll. map I. Intended for u.a a. a grophlcel ropl..an/a6or> only.
TIIa CIty of Fedarel Way make. no wsrronty as to fts accurecy,
200 0
Feet ~
N
- u_--'
City of Federal Way
Comprehensive Plan
2002
SITE SPECIFIC REQUESTS
FOR COMPREHENSIVE PLAN
DESIGNATION CHANGES
Kitts Corner
Site Specific Request #4
Key:
Steep Slopes
- Wetlands
-om
:J»<
G)I
mro
I",~
0
iT1 '1Ð1
UI
#4
Map Prlnted-October 22, 2002.
~
CITY OF ~,.;
Federal Way
MEMO RAND UM
February 10,2003
To:
Mayor and City Council Members
VIA:
David Moseley, City Manager
FROM:
Kathy McClung, Director of Community Development Services
Margaret H, Clark, AICP, Senior Planner
SUBJECT:
2002 Comprehensive Plan Amendments
MEETING DATE:
February 18,2003
A.
BACKGROUND
The 2002 Comprehensive Plan Amendments include changes to text and maps of the comprehensive
plan (Exhibit A) and requests by the public for changes to comprehensive plan designations and
zoning for specific parcels as shown in Exhibit B, Proposed changes by staff to the text of the
comprehensive plan are shown by stÅk@oot (additions) and underline (deletions); proposed changes
by the Planning Commission are shown as ¡j8.."1" strile". It and double underline; and proposed
the Land Use/Transportation Committee (LUTe) are shown as (shaded) ~¡¡9~t and
B.
PROCEDURAL SUMMARY
November 6, 2002
Planning Commission Public Hearing
November 20, 2002 Continuation of Planning Commission Public Hearing
December 4, 2002
Continuation of Planning Commission Public Hearing (the Planning
Commission made a motion to forward their recommendations to the LUTC
and City Council with the recommendations described in Section E of this
memorandum)
December 16, 2002
LUTC Meeting
EXHIBI1 C
PAGE-LOF --'.k-
January 6, 2003
Continuation of LUTC Meeting
January 27 2003
Continuation ofLUTC Meeting (the LUTC made a motion to forward the
comprehensive plan amendments with the recommendations described in
Section F of this memorandum to the full Council for first reading on
February 18,2003)
C.
SITE-SPECIFIC COMPREHENSIVE PLAN CHANGES
The City received four requests for changes to comprehensive plan designations and zoning of
property, These requests are summarized as follows and are more fully discussed on Pages 4-16 of
Exhibit 7 of Exhibit D. The location of all four site-specific requests is shown on Exhibit B, Page 1
0/5,
Site Specific Request #1 - Taylor, Peterson, and Robinson
File Number:
Parcels:
Location:
01-103839-00 UP
401320-0006,092104-9100, and 092104-9261
One parcel located south of South 304" Street and east of Military Road
South and two parcels located south of South 304m Street and west of
Military Road South (Exhibit B, Page 2 0/5).
1.79 acres
Size:
Applicants:
Parcel No. Property Owner Acres
401320-0006 Vilma Stewart Taylor 0.3 acres
092104-9100 Linda Peterson 1.03 acres
092104-9261 Robert Robinson 0.46 acres
Total 1. 79 acres
Vilma Taylor, Linda Peterson, and Robert Robinson applied for the
comprehensive plan amendment and rezone, City staff recommended
including Parcel No. 92104-9098, a 0.85-acre parcel, located north of
the Vilma Taylor parcel, which is owned by Shirlene Olsen, This parcel
experiences similar noise levels to the other three parcels, In a December
26, 2002 letter, Ms, Olsen indicated that she did not want to be part of
the request (Exhibit 9 of Exhibit D),
Owner:
Agent:
Request:
Same as Applicant
Brad Medrud, AHBL, Inc,
Request to change the comprehensive plan designation and zoning from
Single Family High Density Residential and RS 7,2 (one unit per 7,200
square feet) to Community Business (Be),
Existing
Comprehensive Plan:
Existing Zoning:
Single Family High Density Residential
RS 7,2 (one unit per 7,200 square feet)
EXH I b; C
PAGE~JF .e.
2002 Comprehensive Plan Amendments
Page 2
February 10,2003
Requested
Compreheusive PIau: Community Business
Requested Zoning: Community Business (BC)
Public Comments Received
Prior to
Planning Commission
Public Hearing:
Staff
Recommendation:
Planning Commission
Recommendation:
The applicants submitted nine letters in support oftheir request (Exhibits
G-O of Exhibit 7 of Exhibit D), Earlier in the process, at the selection
stage, the City received a telephone call from a citizen who was
concemed that changing the zoning of these three parcels would be spot
zoning, In addition, one of the applicants for a similar request in the 2000
Comprehensive Plan Update indicated his desire to be included as part of
this request.
That the Taylor, Peterson, Robinson, and Olsen parcels be granted a
comprehensive plan designation and zoning of Neighborhood Business
and BN.
The Planning Commission recommended that the comprehensive plan
designation and zoning of the Taylor, Peterson, and Robinson parcels be
changed from Single Family High Density Residential and RS 7.2 (one
unit per 7,200 square feet) to Neighborhood Business and BN, but that
the Olsen propertY not be included in the change, However, because the
vote was not by a majority of the entire Commission, the Planning
Commission's recommendation on this request goes forward as "No
recommendation."
Correspondence
Received During and
After Planning Commissiou
Public Hearing: During the public hearing, Timothy Hickel of the Law Offices of Payne
and Hickel submitted infonnation in support of Vilma's Signs being
considered an allowable use in the Neighborhood Business (BN) zone
(Exhibit 10 of Exhibit D). Subsequent to the public hearings by the
Planning Commission, Mr. Hickel also submitted a letter following up
on his previous testimony (Exhibit 11 of Exhibit D), Correspondence
was also received from Shirlene Olsen stating that she did not want to be
part of the request (Exhibit 9 of Exhibit D).
LUTC
Recommendation:
The LUTC recommended that the comprehensive plan designation and
zoning of the Taylor and Peterson parcels be changed from Single
Family High Density Residential and RS 7.2 (one unit per 7,200 square
feet) to Community Business and BC, but that the Robinson propertY not
be included in the change, They also recommended that a development
agreement, which restricts the range of allowable uses in the BC zone,
be prepared for these parcels by staff.
2002 Comprehensive Plan Amendments
Page 3
EXH1BlJ . , c.
P AGE::::[,t>,- ,..
Additional Correspondence
Received: A January 21, 2003, petition was submitted by 15 property owners,
representing 1 I properties (Exhibit E). The petitioners state that they were
not properly notified and that they oppose the request. City code requires
that all property owners within 300 feet of a site requesting a change in
comprehensive plan designation and zoning be notified by mail at least
14 days prior to a public hearing, Thirteen ofthe 15 petitioners
representing 10 properties live within 300 feet of Site-Specific Request
# 1, Upon checking the file, staff determined that all property owners
living within 300 feet were notified by mail on October 18,2002, at least
14 days prior to the Planning Commission Public Hearing of November
6, 2002, The property owners believe that they should have been notified
bye-mail based on a tracking form intended for internal City use, This
form is used for record keeping purposes to verify who is notified as part
of project review, As a result of this misunderstanding, staff has since
changed the form to clarify that property owners within 300 feet are not
required to be notified bye-mail.
REQUESTS #2 AND 3 ARE FOR TWO ADJACENT PARCELS, WHICH ALTHOUGH UNDER DIFFERENT
OWNERSHIP, ARE PRESENTLY BEING USED AS A TRUCK TERMINAL. As A RESULT, THE REQUESTS
WILL BE REVIEWED TOGETHER.
Site Specific Request #2 - STRS Associates
File Number:
Parcel:
Location:
01-103689 UP
292104-9077
North of South 356" Street and west of Enchanted Parkway South
(Exhibit B, Page 3 of 5)
5.44 acres
STRS Associates
Same
Same
Request to change the comprehensive plan designation and zoning from
Business Park (BP) to Community Business (Be),
Size:
Applicant:
Agent:
Owner:
Request:
Existing
Comprehensiye Plan:
Existing Zoning:
Requested
Comprehensiye Plan:
Requested Zoning:
Business Park
Business Park (BP)
Community Business
Community Business (BC)
Site Specific Request #3 - CIerget Industries L.P.
File Number:
Parcel:
01-103554-00 UP
292104-9001
EXHlb C
PAGE_4-, ,~--"'-
2002 Comprehensive Plan Amendments
Page 4
February 10, 2003
Location:
Size:
Applicant:
Owner:
Request:
North of South 356'h Street and west of Enchanted Parkway South
(Exhibit B, Page 4 of 5)
4.27 Acres
Clerget Industries L.P., Rob Rueber
Same
Request to change the comprehensive plan designation and zoning from
Business Park (BP) to Community Business (BC),
Existing
Comprehensive Plan:
Existing Zoning:
Reqnested
Comprehensive Plan:
Requested Zoning:
Business Park
Business Park (BP)
Community Business (BC),
Community Business (Be)
Public Comments Received
Prior to
Planning Commission
Public Hearing:
Staff
Recommendation:
Planning Commission
Recommendation:
A property owner to the south of South 356'" has called staff and visited
the office, He was interested in obtaining more information about the
requests,
Staff recommended that the requests be denied and that the City explore
potential changes to the allowable mix of uses in the Business Park (BP)
zone in order to meet changing market conditions,
The Planning Commission recommended that the comprehensive plan
designation and zoning of the STRS Associates and CIerget Industries
L.P. parcels be changed from Business Park and BP to Community
Business and Be.
Correspondence
Received During and
After Planning Commission
Public Hearing: During the public hearing, Rob Rueber representing Clerget Industries
L.P, submitted a letter in support of changing the comprehensive plan
designation and zoning of the two parcels from Business ParklBP to
Community BusinessfBC (Exhibit 19 of Exhibit D), This letter states
that the market for these two parcels is for retail uses such as those
allowed in the Community Business (BC) zone and not for those
industrial types of uses allowed in the Business Park (BP) zone,
LUTC
Recommendation:
2002 Comprehensive Plan Amendments
The LUTC recommended that the comprehensive plan designation and
zoning of the STRS Associates and Clerget Industries L.P. parcels be
changed from Business Park and BP to Community Business and BC,
Page 5
EXHIBIl_C
PAGE ebruØ ~
Site Specific Request #4 - Kitts Corner
File Number:
Parcels:
Location:
Size:
Agent:
Applicant:
Owners:
Request:
CPA99-0008
202104-9070,202104-9001, and 202104-9072
South of South 336"' Street and west of Pacific Highway South, west ofthe
on-site wetlands (Exhibit 5, Page 5 of 5)
13.35 acres
Richard Borsini on behalf of Campus Gateway Associates, Gene Merlino,
and Chase WN Trust
Same as above
Campus Gateway Associates, Gene Merlino, and Chase WN Trust
To change the comprehensive plan designation and zoning from Business
Park and BP to Multiple Family and RM 2400
Existing
Comprebensiye Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
Business Park
Business Park (BP)
Multiple Family
Multiple Family (RM 2400)
Public Comments Received
Prior to
Planning Commission
Public Hearing:
Staff
Recommendation:
Planning Commission
Recommendation:
LUTC
Recommendation:
2002 Comprehensive Plan Amendments
A July 15,2002, letter was received from the Washington Trucking
Association (Exhibit R of Exhibit 7 of Exhibit D), The Association was
concerned that multiple family development in that area would result in
additional traffic congestion,
The staff recommended that the comprehensive plan designation and
zoning of the Kitts Comer parcel be changed from Business Park and BP
to Multiple Family and RM 2400 zoning, and that it be included in the
Kitts Comer development agreement.
The Planning Commission recommended that the comprehensive plan
designation and zoning of the Kitts Comer parcel be changed from
Business Park and BP to Multiple Family and RM 2400 zoning, and that
it be included in the Kitts Comer development agreement,
The LUTC recommended that the comprehensive plan designation and
zoning of the Kitts Comer parcel be changed ITom Business Park and BP
to Multiple Family and RM 2400 zoning, and that the it be included in
the Kitts Comer development agreement.
Page 6
EXHIBIl C
PAGE ebf)fJi~
D.
E.
F.
REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 22, Article IX, "Process VI Review," any amendments to the
comprehensive plan, comprehensive plan designations map, or zoning text must be approved by the
City Council based on a recommendation from the Planning Commission,
PLANNING COMMISSION RECOMMENDA nON
The Planning Commission conducted public hearings on November 6, November 20, and December
4,2002. After conclusion of the December 4,2002, public hearing, the Planning Commission
forwarded the following recommendations to the City Council.
1.
Approve the amendments to the text and maps of the comprehensive plan as proposed by staff
and amended by the Commission (staff changes are shown by stfikeoot and underline and
Planning Commission changes are shown as "B"8Io "tri"oe"t and dmlbJeundeflij1J;),
2.
Site-Specific Request #1- The comprehensive plan designation and zoning of the Taylor,
Peterson, and Robinson parcels be changed from Single Family High Density Residential and
RS 7.2 (one unit per 7,200 square feet) to Neighborhood Business and BN, but that the Olsen
propertY not be included in the change. However, because the vote was not by a majority of the
entire Commission, the Planning Commission's recommendation on this request goes forward
as "No recommendation,"
3,
Site-Specific Requests #2 and #3 - The comprehensive plan designation and zoning of the
STRS Associates and Clerget Industries LP, parcels be changed from Business Park and BP to
Community Business and BC.
4,
Site-Specific Request #4 - The comprehensive plan designation and zoning of the Kitts Comer
parcel be changed from Business Park and BP to Multiple Family and RM 2400 zoning, and
that the it be included in the Kitts Comer development agreement.
LAND USEITRANSPORT A nON COMMITTEE RECOMMENDA nON
The LUTC considered the 2002 comprehensive plan amendments during public meetings on
December 16,2002, January 6, 2003, and January 27, 2003, After conclusion ofthe January 27,
2003 public meeting, the LUTC forwarded the following recommendations to the City Council.
1.
Approve the amendments to the text and maps of the comprehensive plan as proposed by staff
and as amended by the Planning Commission and by the LUTC (staff changes are shown by
stfikeoot and underline, Planning Commission are shown as 118"81. utril¡..llt and
double underline, and LUTC changes are shown as and
2,
Site-Specific Request #1 - The comprehensive plan designation and zoning of the Taylor and
Peterson parcels be changed from Single Family High Density Residential and RS 7.2 (oIje
Page 7
~
r, )",W) 10,208]
PAGE~OF--HL-
2002 Comprehensive Plan Amendments
unit per 7,200 square feet) to Community Business and BC, but that the Robinson property not
be included in the change. They also recommended that a development agreement, which
restricts the range of allowable uses in the BC zone, be prepared for these parcels by staff,
3.
Site-Specific Requests #2 and #3 - The comprehensive plan designation and zoning ofthe
STRS Associates and Clerget Industries LoP. parcels be changed from Business Park and BP to
Community Business and Be.
4,
Site-Specific Request #4 - The comprehensive plan designation and zoning of the Kitts Comer
parcel be changed from Business Park and BP to Multiple Family and RM 2400 zoning and
that the it be included in the Kitts Comer development agreement,
G.
FACTORS TO BE CONSIDERED AND CRITERIA FOR AMENDING THE COMPREHENSIVE PLAN
1.
Section 22-529. Factors to Be Considered in a Comprehensive Plan Amendment
The City may consider, but is not limited to, the following factors when considering a
proposed amendment to the comprehensive plan:
1)
The effect upon the physical environment.
The proposed housekeeping amendments to update the chapters of the comprehensive
plan and accompanying map changes will not affect the physical environment, No
development is proposed in conjunction with this non-project action. Future project
specific actions will be subject to environmental review as required by the SEP A Rules,
and will be evaluated in accordance with all plans, policies, rules, and regulations adopted
as a basis for the exercise of substantive authority under SEPA to approve, condition, or
deny proposed actions.
2)
The effect on open space, streams, and lakes,
The proposed amendments include housekeeping changes to update the chapters ofthe
comprehensive plan, accompanying map changes, and four site-specific requests, None of
these proposed changes would have a significant adverse impact on open space, streams,
and lakes,
3)
The compatibility with and impact on adjacent land uses and surrounding neighborhoods.
The proposed housekeeping amendments to update the chapters of the comprehensive
plan and accompanying map changes will not impact adjacent land uses and surrounding
neighborhoods. There are four site-specific requests, Site-Specific Request # I, if
approved, would change the designation of two parcels located along Military Road from
Single Family Residential to Community Business (Be), These parcels are already being
operated as commercial uses and as presently used are compatible with adjacent land
uses, including surrounding single family uses, Designating these parcels BC with a
development agreement would allow the continuation of these uses, yet restrict any new
uses to those that would be compatible with adjacent land uses and surrounding
neighborhoods. If the comprehensive plan designation and zoning of Site-Specific
2002 Comprehensive Plan Ameodments
Page 8
EXW1B1T C
PAGE~O~~
Requests #2 and #3 were to change from Business Park (BP) to Community Business
(BC), the uses allowed under the BC zoning would be compatible with adjacent land uses
to the north and to the east, which are retail in nature. If approved, Site-Specific Request
#4 would be subject to a development agreement, which would impose certain conditions
to ensure compatibility with the adjacent development.
4)
The adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools,
The City of Federal Way Comprehensive Plan (FWCP) Capital Facilities Chapter has
been updated to address the adequacy of community facilities, including utilities, roads,
public transportation, parks, recreation, and schools. If the site-specific requests are
granted, specific impacts associated with development will be evaluated at the time that a
development penn it is applied for, and any potential adverse impacts will be mitigated at
that time,
5)
The benefit to the neighborhood, city, and region.
Updating the comprehensive plan is of benefit to Federal Way neighborhoods, the City of
Federal Way, and the region as existing infonnation is being updated and this will provide
a better basis for decision-making. There are four site-specific requests, Site-Specific
Request # I, if approved, should not result in significant changes in land use since these
two parcels are already developed. Changing the comprehensive plan designation and
zoning of Site-Specific Requests #2 and 3 from Business ParkIBP to Community
BusinesslBC may tend to attract additional development to an area that is already
characterized by Community Business uses such as Costco, Home Depot, and Lowe's,
thus concentrating similar uses in one area. Granting Site-Specific Request #4 would
benefit the City by creating additional residential units, which will assist the City in
reaching its 2022 household targets,
6)
The quantity and location of land planned for the proposed land use type and density and
the demandfor such land
Amendments are being proposed for FWCP Chapter 2, Land Use, which should assist the
City in reaching its 2022 household targets, Granting Site-Specific Request # I would
allow existing nonconfonning uses to become outright pennitted uses. Granting Site-
Specific Requests #2 and #3 would allow Community Business uses in an area that
appears to have a demand for such uses, Changing the comprehensive plan designation
and zoning of Site-Specific Request #4 from Business ParkIBP to Multiple Family/RM
2400 should be an asset to the community because it would provide more residential units
as part of a quality mixed-use development based on a development agreement.
7)
The current and projected population density in the area,
As stated in Response #6 above, amendments are being proposed for FWCP Chapter 2,
Land Use, which should assist the City in reaching its 2022 household targets, The
approval of Site-Specific Request # 1 would not result in any changes in population or
density since these commercial uses already exist. Approval of Site-Specific Requests #2
2002 Comprehensive Plan Amendments
Page 9
C
EXHIBIT- Febroary-NJ,20QJ--
PAGE~OF-UL--
and #3 from Business ParklBP to Community BusinesslBC should not have any impact
on current and projected population density and granting Site-Specific Request #4 should
increase population density in the area,
8)
The effect upon other aspects of the comprehensive plan.
There should not be any adverse impacts on the comprehensive plan as a result of the
proposed changes,
2.
Section 22-530. Criteria For Amending The Comprehensive Plan
The City may amend the comprehensive plan only if it finds that:
1)
The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
Updating the comprehensive plan will result in better infonnation for decision-making
purposes, which has a direct relationship to public health, safety, and welfare. None of the
four site-specific requests, if approved, should adversely affect public health, safety, or
welfare.
2)
The proposed amendment is in the best interest of the residents of the City.
Please see response under 1), above.
3)
The proposed amendment is consistent with the requirements of RCW 36. lOA and with the
portion of the City's adopted plan not affected by the amendment,
RCW Chapter 36,70A, the Growth Management Act, requires the City of Federal Way to
adopt and implement a comprehensive plan and to amend it in a timely manner, but no
more than once a year except under certain circumstances, The City is responding to this
mandate by updating the comprehensive plan,
3.
Compliance With FWCC Section 22-488(c)
Site Specific Request #1 - Taylor, Peterson, and Robinson
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.
Designating the Taylor and Peterson parcels as Community Business/BC with a
development agreement will not conflict with any policies within the comprehensive
plan, Commercial zoning in this area would be more compatible with the physical
environment. Furthennore, these businesses are already in existence and provide
both employment and services to the City,
2002 Comprehensive Plan Amendments
Page 10
EXHIBIT C
PAGE 1O' Or~
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 and that, under those
changed conditions, a change in designation is within the public interest;
These parcels are located south of South 304th Street and on either side of Military
Road, 1-5 is immediately adjacent to the Taylor parcel. WSDOT has recently
constructed a High Occupancy Vehicle (HOV) Lane along this stretch ofI-5. This
has resulted in 1-5 being widened by approximately 15 feet, bringing traffic closer
to the subject site. In order to widen 1-5, trees were removed. Furthennore, WSDOT
has recently issued a Revised Draft Environmental Impact Statement and Draft
Section 4(f) Evaluation for the SR 509; Corridor Completion/I-5/South Access
Road, which identifies this stretch ofI-5 as being considered under all alternatives
for the SR 509 extension, This would mean construction of an additional lane on 1-5
adjacent to these properties, A decrease in distance between these parcels and 1-5
has increased the exposure of businesses and residences to noise levels and highway
glare, thereby indirectly reducing the livability of these areas
or
ii. The change in designation will correct a designation that was inappropriate when
established.
This criterion is not applicable.
c.
It is consistent with the comprehensive plan.
The location of residentially zoned properties, adjacent to Military Road and in close
proximity to 1-5, especially in the case ofthe Taylor property (which is located
between 1-5 and Military Road), is not consistent with FWCP Policy LUP 15,
"Protect residential areas ITom impacts of adjacent non-residential uses," due to the
traffic noise as a result of the 1-5 expansion,
d.
It is consistent with all applicable provisions of the chapter, including those adopted
by reference from the comprehensive plan.
If Site-Specific Request # I is approved and these parcels designated as Community
BusinesslBC with a development agreement, any subsequent redevelopment would
be required to be consistent with all applicable provisions of this chapter (zoning
code).
e,
It is consistent with the public health. safety, and welfare,
Granting the requested change from Single Family Residential to Community
Business with a development agreement is consistent with the policies in the
comprehensive plan and it is also consistent with the public health, safety, and
Page 11
ÐGU8L T C
PAGE-1LÓÊuï'~UUj
2002 Comprehensive Plan Amendments
welfare.
2)
The City may approve an application for a quasi-judicial project related rezone only if it
finds that:
a.
b.
The criteria in subsection (1) above are met; and
The proposed project complies with this chapter in all respects; and
The site plan of the proposed project is designed to minimize all adverse
impacts on the developed properties in the immediate vicinity of the subject
property; and
The site plan is designed to minimize impacts upon the public services and
utilities.
c.
d
The request under consideration is for a change in the comprehensive plan designation
and zoning. It is not a project-related rezone; therefore, the criteria under this section do
not apply,
Site Specific Requests #2 & #3 - STRS Associates & Clerget Industries L.P.
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,
A change in designation ofthese two parcels from Business Park (BP) to Community
Business (Be) is in the best interests of the residents of the City because it may result
in redevelopment of a 10-acre parcel into uses that are more compatible with its
surroundings that the existing truck terminal is, It may also result in the expansion of
big box retail uses in an area with good access to 1-5 and surrounding areas.
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 and that, under those
changed conditions, a change in designation is within the public interest.
Conditions in the immediate vicinity have been changing since incorporation of
the City in 1990, At the time of incorporation, Costco and Home Depot had been
permitted by King County and have since been constructed, Lowe's, formerly
Eagle Hardware and located directly to the north of the STRS parcel, was
subsequently developed on land zoned Community Business (BC).
or
ii, The change in designation will correct a designation that was inappropriate when
established
This criterion is not applicable.
EXHIB C.
PAGE_l2.
Ie.
c.
It is consistent with the comprehensive plan.
2002 Comprehensive Plan Amendments
Page 12
February 10, 2003
The FWCP states that, "Due in part to convenient access and available land, the
South 348'" Street area has become a preferred location for large bulk retailers such
as Eagle Hardware (now Lowe's), Home Depot, and Costco." These two parcels are
located directly to the south of Lowe's, and across the street from Home Depot.
d
It is consistent with all applicable provisions of the chapter, including those adopted
by reference from the comprehensive plan.
If the request is granted, any future development on the site must comply with all
applicable provisions of this chapter (zoning code).
e,
It is consistent with the public health, safety, and welfare.
Granting the requested change from Business Park (BP) to Community Business
(BC) is consistent with the policies in the comprehensive plan; therefore, it would be
consistent with the public health, safety, and welfare.
2)
The City may approve an application for a quasi-judicial project related rezone only if it
finds that:
a. The criteria in subsection (1) above are met; and
b. The proposed project complies with this chapter in all respects; and
c. The site plan of the proposed project is designed to minimize all adverse
impacts on the developed properties in the immediate vicinity of the subject
property; and
d, The site plan is designed to minimize impacts upon the public services and
utilities,
The request under consideration is for a change in the comprehensive plan designation
and zoning. It is not a project-related rezone; therefore, the criteria under this section do
not apply,
Site Specific Request #4 - Kitts Corner
I)
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;
The July 2000 Market Analysis concluded that there is a shortage of land zoned
outright for residential development in tenns of meeting regional forecasts, based on
historical development. Therefore, changing the designation of this site from
Business ParklBP to Multiple Family/RM 2400 would result in more residential
units and be in the best interests of the City,
b.
The proposed request is appropriate because either:
EXHIl: C
PAGE--' 3
It.
2002 Comprehensive Plan Amendments
Page 13
Fehruary 10, 2003
i. Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that, under those
changed conditions, a change in designation is within the public interest,
This property was given the Business ParkIBP designation in 1990, when the City
incorporated. Approximately 8.24 acres west of the on-site wetlands and buffer
was originally part of the larger Kitts Corner request (Exhibit B, Page 5 of 5), The
applicants requested a change in comprehensive plan designation and zoning
from Business Park and BP to Community Business and BC for those areas east
of the on-site wetlands and Multiple Family and RM 2400 (Multiple Family, one
unit per 2,400 square feet) for those areas west of the wetlands, Staff made a
recommendation that the request for the east side be approved based on a
development agreement; however, they recommended that the request for the
west side be denied because if approved, it would create an island of Multiple
Family use surrounded by commercial designations. Based on the staffs
recommendation, the applicants withdrew the request for the west side of the
wetlands prior to a public hearing by the Planning Commission,
Since that time, the LUTC gave direction to staff to prepare a development
agreement for the east side oflhe wetlands, which if approved by the Cily
Council, would govem the change in comprehensive plan designation and zoning
from Business Park and BP to Community Business and BC. The development
agreement would be based on a village concept of vertical mixed-use including
retail, office, and multiple-family. In addition, a boundary line adjustment has
been recorded with the parcel to the west, which has increased the size of this
parcel by approximately five acres. Also, the parcel to the west has been
constructed as Glenwood Place, a 50-unit senior citizen housing complex,
or
ii. The change in designation will correct a designation that was inappropriate
when established.
This criterion is not applicable.
c.
It is consistent with the comprehensive plan.
Granting the request for a change in comprehensive plan designation from Business
Park to Multiple Family is consistent with FWCP LUP9, which is to 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,
d.
It is consistent with all applicable provisions of the chapter, including those adopted
by reference from the comprehensive plan.
If the request is granted, any future development on the site must comply with all
2002 Comprehensive Plan Amendments
Page 14
EXwœa:r C.
p AGE-1!t.Õ~ry 1O,2n.
applicable provisions of this chapter (zoning code), and with the development agreement.
e.
It is consistent with the public health, safety and welfare.
Granting the requested change from Business Park to Multiple Family is consistent
with the policies in the comprehensive plan and it is also consistent with the public
health, safety, and welfare,
2)
The City may approve an application for a quasi-judicial project related rezone only if it
finds that:
a. The criteria in subsection (1) above are met; and
b. The proposed project complies with this chapter in all respects; and
c, The site plan of the proposed project is designed to minimize all adverse
impacts on the developed properties in the immediate vicinity of the subject
property; and
d The site plan is designed to minimize impacts upon the public services and
utilities.
The request under consideration is for a change in the comprehensive plan designation
and zoning, It is not a project-related rezone; therefore, the criteria under this section do
not apply,
H.
COUNCIL ACTION
Pursuant to FWCC Section 22-541, after consideration of the Planning Commission report, and at
its discretion holding its own public hearing, the City Council shall by majority vote of its total
membership choose one of the following options:
I, Approve the proposal by ordinance;
2, ModifY and approve the proposal by ordinance;
4, Refer the proposal back to the Planning Commission for further proceedings. If this
occurs, the City Council shall specifY the time within which the Planning Commission
shall report to the City Council on the proposal.
LIST OF EXHIBITS
Exhibit A
City of Federal Way Comprehensive Plan, City Council Draft
Exhibit B
Site-Specific Requests/Amendments to the Comprehensive Plan Map and Zoning Map
Exhibit C
February 10, 2003, Memorandum to the City Council
2002 Comprehensive Plan Amendments
Page 15
EXHIBI, ~
PAGE~~F~
Exhibit D
January 22, 2003, Memorandum to the Land Use/Transportation Committee (LUTe) with
the following exhibits:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit II
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
Exhibit 16
Exhibit 17
Exhibit 18
Exhibit 19
Exhibit 20
Exhibit 2 I
Exhibit 22
Exhibit 23
Exhibit 24
Exhibit 25
Exhibit 26
Exhibit 27
Proposed Changes to Comprehensive Plan Text and Maps
Composite Map - Site-Specific Requests
January 6, 2003, Letter From the Washington State Department of
Transportation
Meeting Summary of November 6, 2002, Planning Commission Public
Hearing
Meeting Summary of November 20, 2002, Planning Commission Public
Hearing
Meeting Summary of December 4, 2002, Planning Commission Public
Hearing
November 27,2002, Staff Report to Planning Commission
Map of Site-Specific Request # 1
December 26, 2002, Correspondence From Shirlene Olsen
Information Submitted by Timothy Hickel on Behalf of Vilma's Signs
December 5, 2002, Correspondence from Timothy Hickel
Portion of Neighborhood Business Use Zone Chart
P, 11-25 - 11-27 of the Comprehensive Plan
December 21,1999, Use Process I Decision from City of Federal Way on
Pat's Plumbing
Portion of Business Park Use Zone Chart
Portion of Community Business Use Zone Chart
Map of Site-Specific Request #2
Map of Site-Specific Request #3
December 4,2002, Correspondence from Rob Rueber, Clerget Industries LP,
Map of Site-Specific Request #4
Changes to Chapter Three, Transportation
Changes to Chapter Four, Economic Development
Polices Pertaining to Affordable Housing (shown as highlighted)
Changes to Chapter Six, Capital Facilities
Changes to Chapter Seven, City Center
Changes to Chapter Eight, Potential Annexation Area
Changes to Chapter Ten, Private Utilities
Exhibit E
January 21,2003, Petition for Site-Specific Request # 1
(Please note that Exhibits 1-27 to the January 22,2003, Memorandum to the Land
Use/Transportation Committee (LUTC) are available in the Council Conference Room),
EXH ¡: C.
PAGEJ'-
"
1:\2002 Comprehensive Plan Amendments\Clty CounciI\02 1803 Cover Memo to Cc.doc/4:24 PM
2002 Comprehensive Plan Amendments
February 10, 2003
Page 16
CITY OF FEDERAL WAY
MEMORANDUM
January 22, 2003
To:
Eric Faison, Chair
Land Useffransportation Committee (LUTe)
David Mo~nager
Kathy !cClu~i-rector of Community Development Services
Margaret H. Clark, AICP, Senior Planner ~
VIA:
FROM:
SUBJECT:
Cover Memorandum - 2002 Comprehensive Plan Update - Site-Specific Requests and
Follow-np on Land Useffransportation Committee Questions on Chapters and Maps
of the Comprehensive Plan
A.
BACKGROUND
Attached is a memorandum, which discusses the four site-specific requests received for the 2002
Comprehensive Plan Update and a response to the Committee's questions on the comprehensive
plan chapters and maps. The responses to Chapter Three, Transportation includes a response to a
January 6,2003, letter from the Washington State Department of Transportation
B.
REASON FOR COUNCIL ACTION
Pursuant to FWCC Article IX, "Process VI Review," any amendments to the comprehensive plan,
comprehensive plan designations map, or zoning text must be approved by the City Council based
on a recommendation from the Planning Commission. All land-use related items are presented to
the Land Useffransportation Committee (LUTC) for their review and recommendation prior to
action by the City CounciL
c.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted public hearings on November 6, November 20, and December
4, 2002. After conclusion of the December 4, 2002, public hearing, the Planning Commission
considered the proposed amendments pursuant to FWCC Sections 22-529, 22-530, and 22-488(c),
and forwarded the following recommendations to the city council:
1. Approve the amendments to the text and maps of the comprehensive plan as proposed by staff
and amended by the Commission (staff changes are shown by stfikoout and underlined and
Planning Commission changes are shown as ~~ and d9uble underlined),
2.
They forwarded no recommendation on Request #1 (Taylor, Peterson, and Robinson).
EXHIBIT -.J>
PAGE-LoE..l.!..-
3.
Approve the applicants' requests for Site Specific Request #2 - Clerget Industries LP, Request
#3 - STRS Associates, and Request #4 - Kitts Corner.
D.
LAND USErrRANSPORTATlON COMMITTEE OPTIONS
The Committee has the following options:
I.
Text and Maps of the Comprehensive Plan
(a) Recommend that the full Council adopt an ordinance approving the proposed
amendments to the text and maps of the Comprehensive Plan as recommended by the
Planning Commission.
(b) Recommend that the full Council adopt an ordinance approving the proposed
amendments to the text and maps of the Comprehensive Plan as recommended by the
Planning Commission and modified by the LUTe.
2.
Site-Specific Requests
(a) Site-Specific Request #1 - Taylor, Peterson, and Robinson
(i) Recommend that the full Council adopt an ordinance approving the applicants'
(Taylor, Peterson, and Robinson) request for a comprehensive plan designation and
zoning of Community Business and Be.
(ii) Recommend that the full Council adopt an ordinance approving the staffs
recommendation of a comprehensive plan designation and zoning of Neighborhood
Business and BN for the Taylor, Peterson, and Robinson properties only,
(iii) Recommend that the full Council disapprove the requests by resolution, leaving the
parcels with a comprehensive plan designation of Single Family High Density
Residential and zoning ofRS 7.2 (one unit per 7,200 square feet),
(b) Site-Specific Request #2 - Clerget Industries LP and Site-Specific Request #3 - STRS
(i) Recommend that the full Council accept the Planning Commission's
recommendation and adopt an ordinance approving the applicants' (Clerget
Industries LP and STRS Associates) request for a comprehensive plan designation
and zoning of Community Business and Be.
(ii) Recommend that the full Council disapprove the requests by resolution, leaving the
parcels with a comprehensive plan designation and zoning of Business Park and BP
and direct staff to research potential changes to the allowable mix of uses in the BP
zone in order to meet changing market conditions.
(c) Site-Specific Request #4 - Kitts Corner.
(i) Recommend that the full Council accept the Planning Commission's
recommendation and adopt an ordinance approving the applicants' request for a
comprehensive plan designation and zoning of Multiple Family and RM 2400, and
that this site be included in the larger Kitts Corner development agreement.
(ii) Recommend that the full Council disapprove the requests by resolution, leaving the
parcels with a comprehensive plan designation and zoning of Business Park and BP.
EXHIBiT j)
PAGE-ÅOF.. '1
Page 2
ApPROV AL or COMMITTEE ACTION:
-, '?
'11 >----
Erie Faison
Ene:
~tf{
..('
7 4 7 /'
A~-:::1j d<
Mike Park /. /
!../
January 22, 2003 Staff Report to the LUTC with Exhibits 1-27
Page 3
"\2002 Comprehensive Plan AmendmentslSciection Processl012703 Cover Memo to LUTCdoc/01122/2003 11:45 AM
EXHIBIT~
PAGE~OF~
CITY OF FEDERAL WAY
MEMORANDUM
January 22, 2003
To:
Eric Faison, Chair
Land Use Transportation Committee (LUTe)
VIA:
David Moseley, City Manager
FROM:
Kathy McClung, Director of Community Development Services
Margaret H. Clark, AICP, Senior Planner
SUBJECT:
2002 Comprehensive Plan Update - Site-Specific Requests and Follow-up on
Land Useffransportation Committee Questions on Chapters and Maps of the
Comprehensive Plan
MEETING DATE:
January 27, 2003
A. BACKGROUND
The 2002 Comprehensive Plan Update includes updates to text and maps of the comprehensive plan
(Exhibit 1) and requests by the public for changes to comprehensive plan designations and zoning
for specific parcels, The locations of these site-specific requests are shown in Exhibit 2 - Composite
Map. The Land Use/Transportation Comnlittee (LUTe) discussed the proposed amendments to
Chapters 1-5 of the Comprehensive Plan during their December 16, 2002, meeting and proposed
amendments to Chapters 6-10 during their January 6, 2003, meeting. As a result oftheir
discussions, the Committee requested that staff research and follow-up on certain questions.
This memorandum will first discuss the four site-specific requests, followed by a response to the
Committee's questions on the comprehensive plan chapters and maps. The responses to Chapter
Three, Transportation, will include a response to a January 6, 2003, letter from the Washington
State Department of Transportation (Exhibit 3).
B.
PROCEDURAL SUMMARY
November 6, 2002
Planning Commission Public Hearing (Exhibit 4 - Meeting Summary)
November 20, 2002 Planning Commission Public Hearing Continued (Exhibit 5 - Meeting
Summary)
December 4, 2002
Planning Commission Public Hearing Completed (The Planning Commission
made a motion to forward their recommendations to the LUTC and City
Council [Exhibit 6 - Meeting Summary])
Page-I-
EXHIBITJ>
PAGE--1f-OF ~
December 16,2002
LUTC Meeting (Discussion of Comprehensive Plan Chapters 1-5)
January 6, 2003
Continuation of LUTC Meeting (Discussion of Comprehensive Plan Chapters
6-10)
January 27 2002
Continuation of LUTC Meeting (Discussion of Site-Specific Requests and
Follow-Up to Questions on Comprehensive Plan Chapters and Maps)
c.
SITE-SPECIFIC COMPREHENSIVE PLAN CHANGES
The City has received four requests for changes to comprehensive plan designations and zoning of
property. These requests are summarized as follows and are more fully discussed in Exhibit 7 -
November 27, 2002, Staff Report to Planning Commission (pages 4-16). Exhibit 2 - Composite Map
shows the location of all four site-specific requests.
SITE SPECIFIC REQUEST #1 - TA YLOR, PETERSON, ROBINSON, AND OLSEN
File Number:
Parcels:
Location:
01-103839-00 UP
401320-0006,092104-9100,092104-9261, and 092104-9098
Two parcels located south of South 304'" Street and east of Military
Road South and two parcels located south of South 304'" Street and west
of Military Road South (Exhibit 8).
2.64 acres
Size:
Applicants:
Parcel No. Property Owner Acres
092104-9100 Linda Peterson 1.03 acres
092104-9261 Robert Robinson 0.46 acres
401320-0006 Vilma Stewart Taylor 0.3 acres
092104-9098 Shirlene Olsen 0.85 acres
TOTAL 2.64 acres
Vilma Taylor, Linda Peterson, and Robert Robinson applied for the
comprehensive plan amendment and rezone. City staff recommended
including Parcel No. 92104-9098, which is owned by Shirlene Olsen.
This parcel experiences similar noise levels to the other three parcels. In
a letter dated December 26, 2002, Ms. Olsen indicated that she did not
want to be part of the request (Exhibit 9).
Owner:
Agent:
Request:
Same as Applicant
Brad Medrud, AHBL, Inc.
Request to change the comprehensive plan designation and zoning from
Single Family High Density Residential and RS 7.2 (one unit per 7,200
square feet) to Community Business (BC).
Existing
Comprehensive Plan:
Existing Zoning:
Single Family High Density Residential
RS 7.2 (one unit per 7,200 square feet)
Page -2-
EXHIBITJ
P AGE -L 0 F .l!:..:.:.-
Requested
Comprehensive Plan:
Requested Zoning:
Public Comments
Received Prior to
Planning Commission
Public Hearing:
Staff
Recommendation:
Planning Commission
Recommendation:
Community Business
Community Business (BC)
The applicants submitted nine letters in support of their request (Exhibits
G-O of Exhibit 7), Earlier in the process, at the selection stage, the City
received a telephone call from a citizen who was concerned that changing
the zoning of these three parcels would be spot zoning. In addition, one of
the applicants for a similar request in the 2000 Comprehensive Plan
Update indicated his desire to be included as part of this request.
That the properties be granted a comprehensive plan designation and
zoning of Neighborhood Business and BN.
The Planning Commission recommended that the comprehensive plan
designation and zoning of the Taylor, Petersen, and Robinson parcels be
changed from Single Family High Density Residential and RS 7.2 (one
unit per 7,200 square feet) to Neighborhood Business and BN but that
the Olsen property not be included in the change. However, because the
vote was not by a majority of the entire Commission, the Planning
Commission's recommendation on this request goes forward as "No
recommendation."
Public Comments
Received During and
After Planning Commission
Public Hearing: During the public hearing, Timothy Hickel ofthe Law Offices of Payne
and Hickel submitted information in support of Vilma's Signs being
considered an allowable use in the Neighborhood Business (BN) zone
(Exhibit 10). Subsequent to the public hearings by the Planning
Commission, Mr. Hickel also submitted a letter following up on his
previous testimony (Exhibit 11). Correspondence was also received from
Shirlene Olsen stating that she did not want to be part of the request
(Exhibit 9).
Follow-Up Analysis by Staff
Staff did additional research as a result of the public testimony and additional information provided
(Exhibits 10 and 11) stating that Vilma's Signs should be considered retail and be allowed in the
Neighborhood Business (BN) zone and also public testimony stating that Pat's Plumbing should be
considered an office and be allowed in the Community Business (BC) zone (Exhibit 6 ~ Minules of
the December 4, 2002, Planning Commission Public Hearing). The analysis by staff in the
November 27. 2002, Staff Report to Planning Commission (Exhibit 2) stated that Pat's Plumbing
and Vilma's Signs are not uses allowed in either the BN or BC zone; however, they are allowed in
the Business Park (BP) zone. Furthermore, the report stated that neither BC nor BP zoning are
appropriate for this area based on the residential surroundings.
Page -3-
EXHIBI1~
PAGEJ.L.OF.!L-
The report also stated that zoning the parcels BN would allow the continuation of the two commercial
uses as legally nonconforming uses. This means that the uses may continue unless they trigger certain
provisions of Federal Way City Code (FWCC) Chapter 22, Article IV, "Nonconformance." For
example, any expansion in gross floor area or any structural alterations, such as changes to the
appearance of the building, would require that the uses conform to those allowed in the BN zone,
which would mean that the existing plumbing and sign businesses would no longer be allowed.
However, these properties could be sold in the future and developed for a commercial use permitted
in the BN zone, Staff did further research and responds as follows:
(a)
Vilma's Signs
Additional information provided by the applicant's attorney clarified that Vilma's Signs
functions as a small retail store and also provides graphic design services and silk screening in
support of the products it sells to its retail customers (Exhibitll). He, therefore, stated that
these businesses should be considered allowable based on the Neighborhood Business (BN)
Use Zone Chart (Exhibill2), under the category of Glher retail uses not specifically listed in
the EN zone. The Director of Community Development Services may approve a use allowed
under that category if the proposed use is detennined to be consistent with the adopted
comprehensive plan policies for the BN zone. The City's Comprehensive Plan (P. II-25-II-27)
(Exhibil13), states that BN areas are intended to provide convenient goods (e.g., groceries and
hardware) and services (e.g., dry cleaners, dentist, bank) at a pedestrian scale close to adjacent
residential uses. Vilma's signs does not fit into the category of a neighborhood business;
however, it would be allowed in the Community Business (BC) and Business Park (BP) zones.
Neither the BC or BP zoning designation is appropriate for this location.
(b) Pat's Plumbing
Pat's Plumbing was originally allowed in this location as a plumbing contractor business
whose work is primarily conducted off-site. The December 21, 1999, approval letter from the
City written in response to their request for business license approval (Exhibill4), stated that,
"In summary, the proposed plumbing service contractor business would be considered a legal
nonconforming use of the subject property since the site has been lawfully used as a contractor
yard as discussed below." The previous use on the site was Cartland Alarm, a dispatch
operation and electrical contractor-staging yard, The Cartland Alarm business was also
considered a legal nonconforming use, since the use was in existence prior to the February
1990 incorporation of the City. Furthermore, on October 21, 1999, the City approved a Process
I application to operate a towing yard on that site. This towing yard never started operations.
The City's rational for allowing Pat's Plumbing on the site was that it was not considered a
"change-of-use" from the previously nonconforming use (Cartland Alarm), since Pat's
Plumbing did not exceed the City's change-of-use criteria in FWCC Section 22-1. Based on
the history of the site, it is clear that in allowing Pat's Plumbing to locate on this parcel, the
City considered it to be a contractor business whose work is primarily conducted off site and
not an office as defined by the City Code. The description in the December 21,1999, approval
letter went on to say that, "The business includes approximately 15 employees, of which five
would be on-site office staff and the remaining ten would be field workers; the business
includes approximately ten commercial vehicles and parking for 15 employees; the business
includes outdoor storage of plumbing supplies of a temporary and incidental nature; .
rage -4-
ExHIBnJ
PAGE--10F2!--
The staff, therefore, reaffirms its previous decision that based on the nature of its operation,
Pat's Plumbing would be allowed in the Business Park (BP) zone as "Office and warehouse
space, including equipment storage yards, for service businesses whose work is preformed
primarily off premises" (Exhibil15). Staff also reviewed the list of allowable uses in the
Community Business (BC) zone and determined that the Pat's Plumbing use would also be
allowed in this zone as it is similar to "Oversized commercial vehicle facilities and service
yards including truck stops, tow or taxi lots, and transfer facilities" (Exhibit 16). However,
neither the BC nor BP zoning designation arc appropriate for this location,
REQUESTS #2 AND 3 ARE FOR TWO ADJACENT PARCELS, WHICH ALTHOUGH UNDER DIFFERENT
OWNERSHIP, ARE PRESENTLY BEING USED AS A TRUCK TERMINAL. As A RESULT, THE REQUESTS
WILL BE REVIEWED TOGETHER.
SITE SPECIFIC REQUEST #2 - STRS ASSOCIATES
File Number:
Parcel:
Location:
01-103689 UP
292104-9077
North of South 356'h Street and west of Enchanted Parkway South
(Exhibit 17)
5.44 acres
STRS Associates
Same
Same
Request to change the comprehensive plan designation and zoning from
Business Park (BP) to Community Business (Be).
Size:
Applicant:
Agent:
Owner:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
Business Park
Business Park (BP)
Community Business
Community Business (Be)
SITE SPECIFIC REQUEST #3 - CLERGET INDUSTRIES LP.
File Number:
Parcel:
Location:
01-103554-00 UP
292104-9001
North of South 356'h Street and west of Enchanted Parkway South
(Exhibit 18)
4.27 Acres
Clerget Industries LP., Rob Rueber
Same
Request to change the comprehensive plan designation and zoning from
Business Park (Br) to Community Business (Be).
Size:
Applicant:
Owner:
Request:
Existing
Comprehensive Plan:
Existing Zoning:
Business Park
Business Park (Br)
Page -5-
EXH I B Il_"J)
PAGE-'-OF~
Requested
Comprehensive Plan:
Requested Zoning:
Public Comments
Received:
Staff
Recommendation:
Planning Commission
Recommendation:
Community Business (BC).
Community Business (BC)
A property owner to the south of South 356" has called staff and visited
the office. He was interested in obtaining more information about the
requests.
Staff recommended that the City explore potential changes to the
allowable mix of uses in the BP zone in order to meet changing market
conditions. Therefore, staff recommended that the requests be denied.
The Planning Commission recommended that the comprehensive plan
designation and zoning of the STRS Associates and Clerget Industries
LP parcels be changed from Business Park and BP to Community
Business and Be.
Public Comments
Received During and
After Planning Commission
Public Hearing: During the public hearing, Rob Rueber representing Clerget Industries
LP submitted a letter in support of changing the comprehensive plan
designation and zoning of the two parcels from Business ParklBP to
Community Business/BC (Exhibit 19). This letter states that the market
for these two parcels is for retail uses such as those allowed in the
Community Business (BC) zone and not for those industrial types of
uses allowed in the Business Park zone.
SITE SPECIFIC REQUEST #4 - KITTS CORNER
File Number:
Parcels:
Location:
Size:
Agent:
Applicant:
Owners:
Request:
CPA99-0008
202104-9070,202104-9001, and 202104-9072
South of South 336" Street and west of Pacific Highway South, west ofthe
on-site wetlands (Exhibit 20)
13.35 acres
Richard Borsini on behalf of Campus Gateway Associates, Gene Merlino,
and Chase WN Trust
Same as above
Campus Gateway Associates, Gene Merlino, and Chase WN Trust
To change the comprehensive plan designation and zoning from Business
Park (BP) to Multiple Family and RM 2400
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
Business Park
Business Park (BP)
Multiple Family
Multiple Family (RM 2400)
Page -6-
EXHIBI1~ ' .
PAGE~OF~
Public Comments
Received:
A July 15,2002, letter was received from the Washington Trucking
Association (Exhibit R of Exhibit 7). The Association was concerned that
multiple family development in that area would result in additional
traffic congestion.
Staff
Recommendation:
That the request be approved and included in the Kitts Corner
development agreement.
Planning Commission
Recommendation:
The Planning Commission recommended that the comprehensive plan
designation and zoning of the Kitts Corner parcel be changed from
Business Park and BP to Multiple Family and RM 2400 zoning and that
the it be included in the Kitts Corner development agreement.
D.
FOLLOW-UP To LUTC's QUESTIONS AND COMMENTS
This section will list each chapter of the comprehensive plan and respond to any questions that the
LUTC had of staff during the December 16,2002, and January 6,2003, meetings. Additional
language proposed in response to LUTC comments are shown as highlighted and underlined and
proposed deletions are shown as highlighted and ,trHe!- OHt.
1. Chapler 1 -1nlroduction
The LUTC had no questions.
2. Chapter 2 - Land Use
The LUTC had no questions.
3. Chapter 3 - Transporlalion
In response to the LUTC comments on this chapter, the following changes are being proposed.
These changes are shown as Exhibit 21.
(a) The LUTC had a question about Map 111-6 concerning whether the planned grid system
should be extended through the Sea Tac Mall area. They recommended that staff modify
the maps in the comprehensive plan (0 reflect a grid system in that area. Maps 111-5 and
111-6 were modified to reflect a grid system through the City Center.
(b) The LUTC also questioned whether South 320'h should be designated as cross-section H
to the middle of (-5. Map 111-6 has bcen moddled to terminate this classification at the
southbound ramp of 1-5.
(c) The responses to the January 6,2003, letter from the Washington State Department of
Transportation (WSDOT, Exhibit 3) are as follows:
(i)
WSDOT Commenl: Describe and clarify City role in state LOS standards.
Pagc -7-
EXHIBI1~
P AGE.J.Q....O F ~
City Staff Response: Staff proposes to address this item in the 2003 Comprehensive
Plan Amendment process pending outcome of the Puget Sound Regional Council's
(PSRC's) attempt to develop a regional LOS standard.
(ii) WSDOTComment: Define Highways of Statewide Significance.
City Staff Response: The following language will be added to the top of Page III-13,
"These freeways havetbeen classified by~WSDOT asHighwaysúf~Statewide
Significance, a connotation used for urban freewavs and rural arterials in prioritizing
transportation funding."
(iii) WSDOTComment: SR 509 Project Descriptions, delete the last sentence of the
second paragraph under the heading SR 509 on Page III-38.
City Staff Response: Staff has not found any evidence that routing SR 509
coincident with SR 99 was seriously considered by WSDOT,
(iv) WSDOT Comment; The DOT requested clarification on Regional Transportation
Investment District (RTID) projects.
Cily Staff Response: The following language will be added after the first paragraph
on Page III-39:
Direct ramp connections between 1-5 south and SR 18 east
Direct ramp connections between 1-5 north and SR 161
,Reduction or elimination of weaving areas
Potential ramp connections between 1-5 south and South 375'" Street
This project.is the City's highest priority project on 1-5,
Page -8~
EXHIBI1->
PAGEjLOF~
This project is the City's second highest priority project on 1-5.
4.
Chapler 4 - Economic Developmenl
In response to the LUTC comments on this chapter, the following changes are being proposed.
These changes are shown in Exhibit 22.
The LUTC had also suggested adding the constructìon of the 14" Avenue ring road, the
first of the grid systems roads in the downtown as an achievement. Since this achievement
is already included on P. VIl-34 in Chapter Seven, City Center, under "Infrastructure
Improvements," staff recommends not also including it in this section.
(b) P. IV-20 - Under "Office Development," the second to last bullet has been changed to
"Development of technical and research space increases in East and West Campus."
(c) P. IV-20 - Under "Office Development," a new bullet has been added as follows:
"FedeiIlI.,wav Iltlfactsmore high-tech firmsandfinnswhose.busitless:isreIllted to high-
tech'industries."
(d) P. IV-21 - Under "Institutional, Cultural and Recreatìonal Development," a new bullet
has been added as follows: "The City ofFederalWllycreatesworking;partnerships with
institûtióJ]sofhighereducation in order to encourllgeandsupport theirexParision and
further Ìrltegration within the Federal Way economy,as well as to identifyahd exploit
increasing"öppöituriities for economic development."
(e) P. IV-28 - Under "Human Resource Programs," language has been restored and modified
to reflect the LUTe's concerns as follows:
"In addition to the economic development strategies discussed in the previous section,
human resource development programs are another general way whereby cities can 00
@ff{j¡)ti'.'e,at support economic development. These programs are often not included as part
of an economic development program because they focus on assisting people -- the human
resourcefor:bûSinesses rath@r!baR ÐIoISiR@SS@S. However, improving and remediating
human resources is an important long run approach. The previous ~ four general
Page -9-
EXHIBJl.J
PAGÈ~OF~
approaches to economic development strategies try to raise revenues, reduce costs, or
reduce risks for business location, facility investment decisions, and operating decisions
of businesses."
"Human resource programs make a community attractive to new and existing businesses
by improving the local labor force, Components of a human resources program !lli!Y
include: I) providing temporary support for underemployed workers, unemployed
workers, and their families; 2) providing job training and retraining to improve an
individual's ability to enter or remain in the work force; 3) creating referral and other
programs that allow labor resources to become more mobile and to respond to
information about job openings; and, 4) by providing social service programs that meet
the needs of community residents who are temporarily not able to participate in the
economy. Inman instances.aCit 'shuman addr~$sessome if not all
of uman.r~source.d~velo ment
(f)
p, IV-33 - Under EDP24, the words "àndUôcål!illstìtl1tidrisöfhjgher~dücation" have
been added after "businesses" in the fourth line.
5.
Chapter 5 - Housing
Staff is providing the following background information on Affordable Housing because the
LUTC had a number of questions relating to the targets for affordable housing, The LUTC also
requested staff to highlight all policies in the chapter that pertained to the provision of
affordable housing. Those highlighted policies are provided in Exhibit 23.
Background on Affordable Housing
The Growth Management Act (GMA, RCW 36.70A[3][eJ) requires ajurisdiction to adopt
policies that consider the need for affordable housing. Therefore, a housing element is required
to be a part of every comprehensive plan. The existing policies in the comprehensive plan were
adopted in November 1995 and have not been substantially changed since that time.
In order to achieve interjurisdictional consistency and coordination, the GMA (RCW
36, 70A.2l 0) further requires that counties in consultation with its cities adopt Countywide
Planning Policies (CWPPs), which would establish a countywide framework to guide the
development and adoption of local comprehensive plans, Adopted policies must include the
following:
Page -10-
EXHIBn__-J.\
PAGEAOF~
Policies to implement Urban Growth Areas
Policies for promotion of contiguous and orderly development and provision
of urban services to such development.
Policies that consider the need for affordable housing, such as housing for all
economic segments of the population and parameters for its distribution,
King County Countywide Policy (CWPP) AH2 states that each jurisdiction shall plan for a
number of housing units affordable to households with incomes between 50 and 80 percent of
the County median household income (low income households) that is equal to 17 percent of
its projected household growth. In addition, each jurisdiction shall plan for a number of
housing units with incomes below 50 percent of median income (very low-income households)
that is either 20 or 24 percent of its projected household growth.
King County monitors how jurisdictions are progressing towards their affordable targets
through the yearly Benchmark Reports. According to the 2002 King County Benchmark
Report (Figure 29.4 - Percent of Affordable Housing Units), Federal Way has 22 percent of all
existing housing (rental and owner-occupied) affordable to those earning below 50 percent of
median income and 38 percent of all existing housing (rental and owner-occupied) affordable
to those eaming between 50 and 80 percent of median income. Those communities, like
Federal Way, that already have a high percentage of affordable housing must plan for only 20
percent of all new housing units for those with incomes below 50 percent of median income.
However, a jurisdiction can only count existing housing if a previously market rate housing
was converted to affordable housing. Therefore, we cannot count existing affordable housing
towards the required percentages. However, either new rental or owner-occupied units count
towards the affordable targets.
There are no sanctions for a jurisdiction that is not meeting its affordable housing goals. However,
ajurisdiction is expected to have policies to encourage and strategies to create affordable housing.
They are also expected to provide adequate capacity and zoning for development of housing types
that are affordable. Affordable housing include multiple family, accessory dwelling units, cottage
housing, and manufactured housing within single-family neighborhoods. It is also important that a
jurisdiction's comprehensive plan is in compliance with the GMA because this is one ofthe
criteria for obtaining a planning-related grant from the state,
6.
Chapter 6 - Capital Facilities
The changes to the Capital Facilities Chapter are shown in Exhibit 24.
(a) P. VI-II - The LUTC had a question about the change in the Parks level of service from
10.7 acres of parkland per 1,000 population to 10.1 acres per 1,000. They also asked what
steps the City is taking to increase the level of service. In order to respond to this
question, staff proposes to add the following language at the end of the paragraph in
question:
Page -11-
EXHIBI-i._»
P AGE --1l4- 0 F -'-.!--
"The reason for the decrease in level of service is primarily due to the actual increase in
Federal Wav'spopulation as shown in the 2000 Census compared to the yearly
populationestitnates bv the State Office of Financial Management(OFM).The 2000
Census showed ;the Federal Way population to be 83,259, whereas the 20000FM
population estimate for Federal Way was 77,010, a difference of 6,249, TheCity:scurrent
2002 0 ulation is 83 850andcOrrent invento of arklandis 846ac order ,to
meetthe oal..ofI0.9acres erl000 0 ulation 4he,Citneedstoadd
arklarid:tothe;ex isti ninv ento;iÌ\s shown 0 nTabl e VI-3 th e P årks
Improvements<Flan 2002-2007 (ClP) has parks acquisition as anon-goinJt;proiect
category.ûn-göing acquisition is necessary to;meettheleveI of serviceg()åLoMO.9acres
per 1,000 population. In the past, the City has obtained land throughpIatdedica.tiotvThe
City is also noW considering a ParkImpactFeeto;provide funds forpatkša.cQUišitio1),"
(b) P. VI-II - The LUTC questioned the reason for changing the capacity for a performing
arts center from 800 to 1,000 seats. The reason for this change is that the 1994 Federal
Way Cultural Arts Facility Feasibility Study recommended 1000 seats not 800.
(c) P. VI-I? - In response to the LUTe's comments, Table VI-5 has been modified to change
the anticipated year of construction for the Senior Center and Community Center from
2009 to 2005.
(d) p, VI-31 - In response to the LUTe's question about whether the Lakehaven Utility
District would still purchase water from Tacoma after the construction of the Second
Supply Pipeline, the answer is "No," Lakehaven has not purchased any water from Tacoma
for the last two years; they have been obtaining water from groundwater supplies. Staff
proposes to add the following language to the end of the paragraph on this page:
"The District will be increasing its water supply by over 50 percent when Tacoma's
Second Supply Pipeline is completed at the end of2004 and the District begins receiving
its share of the project water. After construction of the pipeline, the Districtdoeš'rlot;plan
to purchase anvwater from Tacoma Public Utilities on a wholesale basis."
(e) P. VI-48 - In response to the LUTe's question on whether it was known when the Fire
Department might be constructing new fire stations, at this time they have no timelines
for construction of fire stations on the two properties that they own. Staff is proposing to
add the following language at the end of the section on "Location and Capacity of
Expanded or New Facilities."
"The Fire Department does not presently have a timeIine for construction of new fire
stations on either of their two proposed fire station locations."
7.
Chapter 7 - City Center
The changes to the City Center Chapter are shown in Exhihit 25.
(a) P. VII-IO - In order to clarify Goal CCG I 0, the words "Continue to" have been added
before "enforce,"
Pagc-12-
EXHIB¡, ,) ---
PAGEJ..!.OF K-
(b) P. VII-32 - The eighth bullet has been modified as follows: "If the City Council chooses
the City Center as the appropriate location for City Hall, begin negotiations and acquire
property for a City Hall ~~"('1i!}':Ç~Øtêtfl!lfk:, Consider holding competition to design
City Hal!. Construct City Hal!."
(d) Maps VII-3, VII-5, VII-6, VII-8, and VII-9 have been modified to show a grid street
system in the City Center Core.
8.
Chapter 8 - Potential Annexation Areas
The changes to the Potential Annexation Area Chapter are shown in Exhibit 26,
(a) P. VIII-I - The second paragraph on this page has been corrected as follows: "The larger
of the two areas is approximately 5,000 acres in size and is located to the east of the
existing City limits along the 1-5
¡teY~¡9pm~t."
(b) P. VIII-4 -The following corrections have been made: "The Federal Way PAA Subarea
Plan and Annexation Feasibility Study are scheduled to be completed in the of
2003,"
"The source for most of this information is the ~i¡ Jj~¡¡¡¡WA~JWfu! 2002, Potential
Annexation Area Inventory Report, an information piece for the P AA Subarea Plan and
Annexation Feasibility Study that is currently being developed."
(c) P. VIII-9 - The following corrections have been made: "In terms of a street system, the
area east of 1-5 is well connected to the City. There are six principal arterials and H
two minor arterials that provide access across 1-5, These arterials include: I) SR 161,2)
SR 18 at South 348" Street, 3) South 320" Street, 4) Military Road at two locations, 5)
South 272,d Street, 6) South 336" Street, and 7) South 288" Street, aaê8) SÐlltl1'37$~
StfeetJMap VII/-14)."
9.
Chapter 9 - Natural Environment
The LUTC had no questions.
10. Chapter 10 - Private Utilities
The changes to the Private Utilities Chapter are shown in Exhibit 27,
Page -13-
EXHIßL 1>.
PAGE-'.JLUF A-
P. X- 7 - The LUTC commented that several of the wireless providers had changed names.
Therefore the following corrections has been made under "Wireless Networks:" "Existing
Systems - The City of Federal Way is currently served with wireless services ~,
, Verizon, Sprint, Nextel, Cingular, and
E.
REASON FOR COUNCIL ACTION
Pursuant to FWCC Article IX, "Process VI Review," any amendments to the comprehensive plan,
comprehensive plan designations map, or zoning text must be approved by the City Council based
on a recommendation from the Planning Commission,
F.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted public hearings on November 6, November 20, and December
4, 2002, Please refer to Exhibits 4, 5, and 6 for Meeting Summaries, After conclusion ofthe
December 4, 2002, public hearing, the Planning Commission considered the proposed amendments
pursuant to FWCC Sections 22-529, 22-530, and 22-488(c), and forwarded the following
recommendations to the city council:
1.
Approve the amendments to the text and maps ofthe comprehensive plan as proposed by staff
and amended by the Commission (staff changes are shown by stfikooüt and underlined and
Planning Commission changes are shown as Q@u\¡le strik€@ut and double underlined).
2.
They forwarded no recommendation on Request #1 (Taylor, Peterson, and Robinson),
3.
Approve the applicants' requests for Site Specific Request #2 - Clerget Industries LP, Request
#3 - STRS Associates, and Request #4 - Kitts Corner.
G. LAND UsEffRANSPORTATlON COMMITTEE OPTIONS
The Committee has the following options:
1.
Text and Maps of the Comprehensive Plan
(a) Recommend that the full Council adopt an ordinance approving the proposed
amendments to the text and maps ofthe Comprehensive Plan as recommended by the
Planning Commission.
(b) Recommend that the full Council adopt an ordinance approving the proposed
amendments to the text and maps of the Comprehensive Plan as recommended by the
Planning Commission and modified by the LUTC.
Page-14-
EXHIBn >
-----
PAGE--1.1-vr~
2.
Site-Specific Requests
(a) Site-Specific Request #1 - Taylor, Peterson, and Robinson
(i) Recommend that the full Council adopt an ordinance approving the applicants'
(Taylor, Peterson, and Robinson) request for a comprehensive plan designation and
zoning of Community Business and BC.
(ii) Recommend that the full Council adopt an ordinance approving the staff's
recommendation of a comprehensive plan designation and zoning of Neighborhood
Business and BN for the Taylor, Peterson, and Robinson properties only,
(iii) Recommend that the full Council disapprove the requests by resolution, leaving the
parcels with a comprehensive plan designation of Single Family High Density
Residential and zoning ofRS 7.2 (one unit per 7,200 square feet).
(b) Site-Specific Request #2 - Clerget Industries LP and Site-Specific Request #3 - STRS
(i) Recommend that the full Council accept the Planning Commission's
recommendation and adopt an ordinance approving the applicants'. (Clerget
Industries LP and STRS Associates) request for a comprehensive plan designation
and zoning of Community Business and BC.
(ii) Recommend that the full Council disapprove the requests by resolution, leaving the
parcels with a comprehensive plan designation and zoning of Business Park and BP
and direct staff to research potential changes to the allowable mix of uses in the BP
zone in order to meet changing market conditions.
(c) Site-Specific Request #4 - Kitts Corner.
(i) Recommend that the full Council accept the Planning Commission's
recommendation and adopt an ordinance approving the applicants' request for a
comprehensive plan designation and zoning of Multiple Family and RM 2400, and
that this site be included in the larger Kitts Corner development agreement.
(ii) Recommend that the full Council disapprove the requests by resolution, leaving the
parcels with a comprehensive plan designation and zoning of Business Park and BP,
H. COUNCIL ACTION
Pursuant to FWCC Section 22-541, after consideration of the Planning Commission report, and at
its discretion holding its own public hearing, the City Council shall by majority vote of its total
membership take the following action:
1. Approve the amendments by ordinance;
2, Modify and approve the amendments by ordinance;
3. Disapprove the amendments by resolution; or
4. Refer the amendments back to the Planning Commission for further proceedings,
If this occurs, the City Council shall specify the time within which the Planning
Commission shall report to the City Council on the amendments.
EXHIBï, . )t-
PAGE-1l~-':1'_i1
Page-IS-
EXHIBITS
Exhibit I
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
Exhibit 16
Exhibit 17
Exhibit 18
Exhibit 19
Exhibit 20
Exhibit 21
Exhibit 22
Exhibit 23
Exhibit 24
Exhibit 25
Exhibit 26
Exhibit 27
Proposed Changes to Comprehensive Plan Text and Maps
Composite Map - Site-Specific Requests
January 6, 2003, Letter From the Washington State Department of Transportation
Meeting Summary of November 6, 2002, Planning Commission Public Hearing
Meeting Summary of November 20, 2002, Planning Commission Public Hearing
Meeting Summary of December 4,2002, Planning Commission Public Hearing
November 27,2002, Staff Report to Planning Commission
Map of Site-Specific Request #1
December 26, 2002, Correspondence From Shirlene Olsen
Infonnation Submitted by Timothy Hickel on Behalf of Vilma's Signs
December 5, 2002, Correspondence From Timothy Hickel
Portion of Neighborhood Business Use Zone Chart
P. II-25 - II-27 ofthe Comprehensive Plan
December 21,1999, Use Process I Decision from City of Federal Way on Pat's Plumbing
Portion of Business Park Use Zone Chart
Portion of Community Business Use Zone Chart
Map of Site-Specific Request #2
Map of Site-Specific Request #3
December 4,2002, Correspondence from Rob Rueber, Clerget Industries LP
Map of Site-Specific Request #4
Changes to Chapter Three, Transportation
Changes to Chapter Four, Economic Development
Polices Pertaining to Affordable Housing (shown as highlighted)
Changes to Chapter Six, Capital Facilities
Changes to Chapter Seven, City Center
Changes to Chapter Eight, Potential Annexation Area
Changes to Chapter Ten, Private Utilities
EXHiBl1 >
p AGE~OE.1!--
1:\2002 Comprehensive Plan AmendmentslLUTClO 12703 Staff Report to LUTc.doclO 1/22/2003 11:04 AM
Page -16-
January 21,2003
Land Use Transportation Committee
City of Federal Way
33530 1st Way South
P.O. Box 9718
Federal Way, WA 98063-9718
Dear Committee Members:
This letter is in regard to the forthcoming meeting of your Committee to be held at Federal Way City Hall
Council Chambers on January 27,2003. One ofthe agenda items will be Site Specific Request #1 -
Taylor, Peterson, Robinson, and Olsen, File Number 01-10-3839-00 UP. Vilma Stewart Taylor, Linda
Peterson, and Robert Robinson were the initiators of Site Specific Request #1. We the undersigned are
concerned parties located within 300 feet of the ParceJ~, (092104-9100, 092104-9261,401320-0006, and
092104-9098) have not been notified according to proper procedure and have consequently not been in
attendance at the first two meetings on this proposed rezoning action. Page 1 of 7, Exhibit C in the 2002
Comprehensive Plan has an "Affidavit" that all concerned parties were notified bye-mail on October 18,
2002 of the imminent request for the change of zoning ftom residential to business. The handwriting of
this "Affidavit" is for the most part, illegible and the initiator cannot be identified. There is no evidence
ofa Notary Seal and it was not witnessed, We challenge the authenticity of the "Affidavit" as to the
date and the alleged performance ofthe e-mail transmissions. The initiator should be able to
produce e-mail delivery receipts to all the "recipients" (and their e-mail addresses) listed in the
"Affidavit."
We question the conduct and ethics of the unknown "Affidavit" initiator and Kathy McClung, the
Director of Community Services, with regard to all of the alleged "timely" communications to all
concerned parties (myself and all the adjoining neighbors within 300 feet of the Parcels (092104-
9100,092104-9261,401320-0006, and 092104-9098) listed in Site Specific Request #1) regarding the
imminent intended rezoning action. We also refer to the letter (enclosed) of December 26,2002 from
Shirlene Olsen to the Planning Commission, which discusses more (but not all) irregularities in
procedure,
We oppose Site Specific Request #1 because its implementation would diminish the quality of our
residential liying on our properties. We hope that your Committee will conduct a fair hearing on this
proposed rezoning action. If not, we will appeal this action. If you have any questions you may contact
us at our home telephone numbers as listed below.
Respectfully and Very Truly Yours,
In¡Cul}E:t-. fO. KL/N6jrnll ¡,¡
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Page 2
January 21, 4003
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Enclosure: Letter of December 26, 2002 from Shirlene Olsen to Planning Commission
EXHIBIT_~
p AGE~OF-Y
Lånd Use Trnnsportation Committee
Page 2
Jan~OO3 .
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Enclosure: Letter of December 26, 2002 ftom Shirlene Olsen to Planning Commission
ExHIBn-E
P AGEJ-OF-A
Shirlene Olsen
30418 Military Road South
Federal Way, WA 98003
Home: (253) 529-4620
Personal e-mail address:
limafox@charter.net
December 26, 2002
Ms. Hope Elder, Vice Chair
Dept. of Community Development - Planning Commission
City of Federal Way
33530 1st Way South
P.O. Box 9718
Federal Way, WA 98063-9718
Dear Ms. Hope:
This letter is in regard to a meeting of a Planning Commission meeting held at the Federal Way City
Hall Council Chambers on December 4,2002. One ofthe agenda items was Site Specific Request #1
- Taylor, Peterson, Robinson, and Olsen, File Number 01-103839-00 UP. My property is Parcel
092104-9098 (Lot No. 09-21-04, Block No. 9098). Taylor, Peterson, and Robinson were the
initiators of Site Specific Request #1. My parcel was added to this request without my knowledge
or consent (no prior written communication requesting my permission). I only became aware of
this request on the day ofthe December 4th meeting when I received a copy of the Meeting Agenda
in the mail. Examination of the Agenda Packet revealed that there were some information items that
were erroneous.
My son, Glen Smith and an affected neighbor, Michael Klingman decided that it was imperative to
attend this 7 p.m. meeting. They were in attendance, It became apparent at the meeting that in
addition to the irregularities cited above that the adjoining neighbors within 300 feet of the Parcels
(092104-9100,092104-9261,401320-0006, and 092104-9098) listed in Site Specific Request #1
were not notified to allow them a response to the proposed rezoning action.
I want to continue using my property for residential purposes and request that my parcel be
removed from Site Specific Request #1. My son and Mr. Klingman were impressed with the
objectivity and desire to discover delve into the truth of matters and procedures relating to this
request shown by you and Dini Duclos. I appreciate this and thank you very much, If you have any
questions you may communicate with me at my home telephone number (253) 529-4620 or at my
personal e-mail address, which is limafox@.charter.net.
Very Truly Yours,
~),¡/>1L. ~
Shirlene Olsen
EXhlu,. e-.
PAGE~OF-+