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Council PKT 01-20-2004 Special/Regular~ ~'?e°~leral Way City Council Meeting AGENDA COUNCILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kochmar Mike Park CITY MANAGER David H. Moseley Office of the City Clerk January 20, 2004 II. III. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall January 20, 2004 (www. cityoffederalway, com) SPECIAL MEETING - 4:30 p.m. CALL MEETING TO ORDER STEEL LAKE MANAGEMENT DISTRICT COMMITTEE AND ARTS COMMISSION INTERVIEWS ADJOURNMENT II. III. IV. REGULAR MEETING- 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. Introduction of New Employees/City Manager b. Emerging Issues/City Manager 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 for 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. Page 1 of 3 go VI. VII. VIII. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. ao Minutes/January 7, 2004 Regular Meeting 2004 Arts Commission Work Plan King County Development Disabilities Grant Cultural Development Authority of King County Arts Contract 2004 Parks Commission Work Plan Dumas Bay Centre/Knutzen Family Theatre Janitorial Services 14th Ave So at So 312th St Traffic Signal Prqiect/Award of Bid 51 st Ave SW Storm Drain Improvements/Award of Bid Lakota Wetlands Regional Stormwater Facility/85% Design Approval East Branch Lakota Creek Restoration Project/30% Design Approval Memorandum of Agreement for Marine Shoreline Inventory CITY COUNCIL BUSINESS mo eo Steel Lake Management District Committee Appointments Arts Commission Appointments Other Committee Appointments Right-of-Way Use Agreement for Improvements by Sound Transit to So 316th St Agreement between Central Puget Sound Regional Transit Authority and City of Federal Way for Future Development of Transit Oriented Development at the Federal Way Transit Center INTRODUCTION ORDINANCES Council Bill #337/Oversize Commercial Vehicles Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) Council Bill #338/Code Amendment Updating Chapter 6, Criminal Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 91-89, 99-362, 00-367, 00-374, 01-401, 02-429) CITY COUNCIL REPORTS Page 2 of 3 IX. Xo CITY MANAGER REPORT EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)(i) ADJOURNMENT ** THE COUNCIL MA Y ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED 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" Page 3 of 3 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on January 7, 2004. SUMMARY/BACKGROUND: 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 on January 7, 2004, as presented." CITY MANAGER APPROVAL:~ ' ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sx reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 7, 2004 - 7:00 p.m. Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7:00 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Jack Dovey, Jim Ferrell, 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-Elect Jack Dovey led the flag salute. Mayor Burbidge noted Councilmember Faison is excused from tonight's meeting, and took a moment to recognize and welcome Judge Elizabeth Stephenson and Utility District Commissioner Bev Twidle. III. SWEARING-IN CEREMONY--COUNCILMEMBERS-ELECT Jack Dovey, Jim Ferrell, Dean McColgan and Michael Park City Clerk Chris Green administered the Oath of Office to Jack Dovey, Jim Ferrell, Dean McColgan, and Michael Park. She congratulated each of them. IV. SELECTION AND SWEARING-IN CEREMONY--MAYOR Mayor Burbidge opened the floor for nomination for the position of Mayor. Councilmember Kochmar nominated Councilmember Dean McColgan. There were no further nominations. COUNCILMEMBER KOCItMAR MOVED TO UNANIMOUSLY ELECT COUNCILMEMBER MCCOLAN FOR THE POSITION OF MAYOR FOR 2004-2005. Federal Way City Council Regular Meeting Minutes January 7, 2004 - Page 2 of 7 City Attorney Pat Richardson noted a motion to close the nominations is needed. Councilmember Kochmar temporarily withdrew her motion. COUNCILMEMBER DOVEY MOVED TO CLOSE THE NOMINATION FOR MAYOR; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison excused Park yes Ferrell yes COUNCILMEMBER KOCHMAR MOVED TO UNANIMOUSLY ELECT COUNCILMEMBER MCCOLGAN FOR THE POSITION OF MAYOR FOR 2004- 2005;COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison excused Park yes Ferrell yes City Clerk Chris Green administered the Oath of Office to Mayor McColgan. Councilmember Burbidge congratulated Mayor McColgan and turned the meeting over to him. Mayor McColgan took a few minutes to thank his family, and Council colleagues. He noted he is looking forward to working together in the next two years, and welcomed Councilmember Ferrell. He encouraged working as a team, along with a great city staff and excellent City Manager, David Moseley. SELECTION AND SWEARING-IN CEREMONY--DEPUTY MAYOR Mayor McColgan opened the floor for nominations for Deputy Mayor. Councilmember Dovey nominated Councilmember Linda Kochmar. There were no further nominations. COUNCILMEMBER PARK MOVED TO CLOSE THE NOMINATIONS; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison excused Park yes Ferrell yes Federal Way City Council Regular Meeting Minutes January 7, 2004 - Page 3 of 7 COUNCILMEMBER DOVEY MOVED TO UNANIMOUSLY ELECT COUNCILMEMBER KOCHMAR FOR THE POSITION OF DEPUTY MAYOR FOR 2004-2005. COUNCILMEMBER FERRELL SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison excused Park yes Ferrell yes City Clerk Chris Green administered the Oath of Office to Deputy Mayor Kochmar. Deputy Mayor Kochmar took a few minutes to thank her friends and family who came to support her this evening, and to welcome Councilmember Ferrell, and congratulate newly re-elected Councilmembers Jack Dovey, Michael Park, and Mayor McColgan. Mayor McColgan made a brief presentation thanking former Mayor Jeanne Burbidge for all the time and dedication she has shown over the last two years as Mayor. He noted he has been able to learn a great deal from her and presented her with an honorary gavel on behalf of the Council. Councilmember Burbidge thanked Mayor McColgan and noted she has appreciated then Deputy Mayor McColgan's help in the last two years in stepping in when she needed him, and presented him with a certificate of appreciation. She also thanked the wonderful city staff, the City Manager and all the city volunteers for the amount of hard work each person gives to make this community better. VI. PRESENTATIONS a. Proclamation/Martin Luther King, Jr. Day Mayor McColgan read and presented a proclamation to Diversity Commissioner Ron Walker who is also the Chair of the Martin Luther King Jr. Day Celebration Sub-Committee. Commissioner Walker thanked the Mayor and Council for their on-going support of the celebration and encouraged everyone to attend the program on Monday, January 19th at Decatur High School beginning at 10:30 a.m. b. City Manager/Introduction of New City Employees City Manager David Moseley reported there were no new employees to introduce tonight. c. City Manager/Emerging Issues City Manager David Moseley asked Building Official Mary Kate Martin to give a brief report on the burned out house that was brought up at a previous Council meeting. Federal Way City Council Regular Meeting Minutes January 7, 2004 - Page 4 of 7 Ms. Martin stated that staff has been working to contact both the current owner and the last tenant who is in the process, through litigation, of purchasing the property. Ms. Martin was hopeful the purchase of the property would be completed soon, and remodeling would begin soon after. She noted this particular property has been the source of many lawsuits between various parties, which impedes the research of information. She noted staff would be in contact with the Homeowners Association and work to assist this situation. Community Development Director Kathy McClung added, the city's Code Compliance Officer was in contact with the person who is purchasing the property, who noted every intention of rebuilding the property as soon as possible. Mayor McColgan thanked Ms. Martin and Ms. McClung for their report. VII. CITIZEN COMMENT There was no citizen comment this evening. VIII. CONSENT AGENDA Minutes/December 16, 2003 Regular Meeting -Approved Vouchers-Approved Monthly Financial Report/November 2003-Approved Colella Estates Preliminary Plat - Resolution-Approved City Manager Contract Amendment-Approved separately COUNCILMEMBER DOVEY MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER PARK SECOND. Councilmember Ferrell pulled item (e)/City Manager Contract Amendment. The motion to approve Consent Agenda Items (a), (b), (c), and (d) passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison excused Park yes Ferrell yes Item (e)/City Manager Contract Amendment: Councilmember Ferrell noted he would be abstaining from voting on this issue, as he was not a member of the Council last year. DEPUTY MAYOR KOCHMAR MOVED TO APPROVAL OF CONSENT AGENDA ITEM Federal Way City Council Regular Meeting Minutes January 7, 2004 - Page 5 of 7 (e)/CITY MANAGER CONTRACT AMENDMENT; COUNCILMEMBER BURBIDGE :SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison excused Park yes Ferrell abstain IX. CITY COUNCIL BUSINESS Council Committee Appointments Mayor McColgan noted he was pleased to make the following appointments: Parks/Recreation/Human Services/Public Safety Council Committee: Councilmember Jeanne Burbidge (Chair), Councilmember Mike Park, and Councilmember Jim Ferrell. Finance/Economic Development/Regional Affairs Council Committee: Councilmember Eric Faison (Chair), Councilmember Jeanne Burbidge, and Councilmember Jim Ferrell. Land Use/Transportation Council Committee: Councilmember Jack Dovey (Chair), Councilmember Eric Faison, and Councilmember Mike Park. Mayor McColgan noted appointments to other Committees and regional meetings will be made at a later date. Xo CITY COUNCIL REPORTS Councilmember Ferrell thanked his family and friends for their support, and noted he looks forward to the next four years working with the Council for the citizens of Federal Way. He encouraged citizens to contact him either via phone, or e-mail with questions or concerns. Councilmember Park noted he was pleased to be the senior member on the Council, as he has served as a Councilmember for the last eight and a half years. He stated he is looking forward to working with this Council and welcomed Councilmember Ferrell and his other Council colleagues who were also re-elected. Councilmember Burbidge also congratulated and welcomed Councilmember Ferrell, and congratulated Mayor McColgan and Deputy Mayor Kochmar, and all the re-elected Councilmembers. She added her appreciation to the city staff and Manager for their hard work and dedication during the past two years, she served as Mayor, and looks forward to the next two years. Federal Way City Council Regular Meeting Minutes January 7, 2004 - Page 6 of 7 Councilmember Dovey welcomed Councilmember Ferrell, and congratulated his fellow re-elected Councilmembers, along with the new Mayor and Deputy Mayor. He noted the next Land Use Transportation Committee meeting would be held Monday, January 12th at 5:30 p.m. Deputy Mayor Kochmar thanked the citizens for the generous food bank donations over the holidays, as Human Services funding has had cutbacks. She extended "kudos" to the Public Works Department, including Director Cary Roe, Deputy Direct Ken Miller, Street Systems Manager Pat Foster, and Surface Water Manager Paul Bucich for all the efforts made during the recent snow fall and winter freeze. She took a moment to recognize citizens in the audience and reminded everyone of the Council retreat which will be held January 16~ and 17th at the Federal Way Executel. Mayor McColgan thanked Deputy Mayor Kochmar, as he will rely on her assistance in representation at the regional and state level. He spoke to thank all the volunteers in the community, he asked the citizens stay involved in their community. XI. CITY MANAGER REPORT City Manager David Moseley congratulated newly elected Councilmember Jim Ferrell, and re- elected Councilmembers Jack Dovey, Mike Park and Dean McColgan. He further congratulated newly elected Mayor McColgan and Deputy Mayor Linda Kochmar. Mr. Moseley wished to echo the comments made by Deputy Mayor Kochmar in reference to the Public Works Department and Parks Maintenance staff who worked diligently in snow removal during the recent bad weather. He was pleased Federal Way was very accessible and in better condition that some neighboring communities. He was pleased to announce today's deadline for the first contractor's bid for the renovation of the new City Hall. He was even more pleased to announce the lowest bid came in approximately $50,000 under the architect's estimate. City Manager David Moseley was pleased to report Community Development Department employee Fernando Fernandez received his commercial inspection certification, and Joe Szpek has recently become a certified plumbing inspector. He congratulated then both and thanked them for the great job they do. Mr. Moseley reminded the Council, there would be a meeting with the 30~h District Legislators Friday morning. Agendas and packet materials have been sent to all participants. He further reminded everyone of the Council retreat that will be held Friday, January 16th and Saturday, January 17th at the Federal Way Executel, and noted final agenda and background materials will be available shortly. Federal Way City Council Regular Meeting Minutes January 7, 2004 - Page 7 of 7 City Manager David Moseley noted there would not be an executive session this evening. XII. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor McColgan adjourned the regular meeting at 8:00 p.m. Stephanie D. Courtney, CMC Deputy City Clerk _MI~;ETING I)ATE: Jarmary 20, 2004 CITY OF FEI)ERAL WAY City Council AGENDA BILl. SUBJI~CI: 2004 Arts Commission Work Plan (~A'I'I~;(X)RY: BUI)(;ICI' IMi)ACT: ~] CONSENT ~] ORI)INANCE ~] RESO1AJTION [] PUB1AC liEARING [-~ CITY (X)UNCII~BIJSINESS [] OTIIER Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACIIMENTS: Committee aclion form dated January 5, 2004; Arts Commission Work l)lm~ SUMMAI'~Y/BACI~GI{OUND: Thc Arts Commission held a retreat in November to dcvclop thc proposed 2004 Work Plan. Thc Arts Commission approved thc Work Plan duirng thc Dccembcr 4 Commission Mecting. A copy of the Work Plan is includcd for Council P, cview. CITY COUNCIL COMMITTEE RECOMMENI)ATION: Motion to recommend to Council a "do pass" to authorize thc 2004 Work Plan and place bcforc Council on January 20, 2004 agenda for approval. PROt'OSEI) MOTION: "1 move approval of thc Arts Commission 2004 Work Plan as prcscntcd." (BELO I~V TO BE COMI'LI£7 7£D B Y CITY CLERKS 01;1,7 C20 COUNCII~ ACI ION: [_] Ai'PROVEI) I)I<;NI TAIII.EI)/I)EFERi{EI)/NO ACTION [] MOVED TO SECOND REAl)lNG (ordinances only) COUNCII. Bii.I. ~/ 1 s']- reading Enactment reading ORDINANCE # RESOI.UTION # I~1 VI,<;1 l il Ob/10/?OOq 5.B CITY O1C IclCI)I4;RAI. \VAY PARKS, I~.t~;CI~.i~;A'I'ION ANI) CUIJTUI~AIJ SICRVICES '1'0: 14'rom: Via: Snbjeet: Janual'y 5, 2004 Mary Fabe~_R~ec~)~ation and Cultural Services Superintend ' David hq'6~lqy~i~y Manage,' 2004 Arts Co, miss'ion Work Plan The Arts Commission held a retreat in November to develop thc proposed 2004 Work Plan and approved thc Work Plan during thc l)cccmbcr 4, 2003 Commission Meeting. Primary work clements of thc Plan include managing thc City 1 lall and Community Center 2% for Art programs; updating the Cultural ]~lan; developing a public art strategy for public art works and programs; and maintaining on-going programs. Thc Work Plan is reflective of thc adopted 2004 budgcl. Thc proposed Work Plan and approved budget arc attached for review. Members of thc Arts Commission will be at thc Council Committee meeting to provide additional information. Commiltce Reconm'~cndalion: N4otior~ lo l'Gcorlql'lqGiqd 't(.) Council a "do pass" to autl'~ori~,c the 2004 Work Plan and place bcforc Council on January 20, 2004 agenda for approval. i :/cotmcili nFo/2OOd/acworkl:)lan I .04 City of Federal Way Arts Commission 2004 Work Plan Public Art Committee Maintain City Hall Exhibits and Knutzen Family Theatre Gallery. ~ Schedule artists for both galleries for 2004 City Hall Gallery: 5 shows, including the Arts Alive Juried Show Knutzen Family Theatre: 4 Shows Timeline: Artists scheduled by Jan. 15, 2004 Organize volunteers to assist in installing and removing exhibits Timeline: On-going Sponsor Alive in the Arts Juried Art Show. ~ Develop Artist Prospectus Timeline: July, 2004 Distribute Prospectus Timeline: August, 2004 Install the Exhibit, Co-Host Arts Harvest Reception w/Programs Committee for participating artists, Contract for Services recipients and City Council, Timeline: October, 2004 Explore opportunities for a collaboration with the Diversity Commission to implement an art exhibit honoring diversity in 2005. Timeline: August, 2004 Do 2% for Public Art Program ~ Review and Recommend to Council conceptual design for City Hall 2% for Art Program Timeline: March 2004 Host dedication of City Hall Art work (may coincide w/Art Harvest Reception) Timeline: October, 2004 Convene selection panel for Community Center Project Lead Artist Timeline: February, 2004 Recommend lead artist/s for Community Center Project to City Council Timeline: March, 2004 Develop priorities and themes and concepts for Artist Made Building Parts Program for Community Center Project. Timeline: September, 2004 Develop a Public Art Strategy ~ Review the outdoor gallery program implemented in 2000 to consider re-launching the program in 2005 with revised guidelines, management and budget. Timeline: June, 2004 Develop a proposal for the feasibility and potential implementation of an historical artwork project at Dumas Bay Centre. Timeline: October, 2004 Cultural Outreach Committee Knutzen Family Theatre Arts Community Feedback B Attend F.W.C.P.A. and get feedback from user groups concerning the facility, policies and pricing Timeline: February, 2004 Develop on-going advocacy with the Council about Arts Commission programs and projects. ~ Update Council Committee during regularly scheduled meetings Timeline: Attend Council Committee Quarterly Update annual informational Arts Commission brochure. Timeline: Print in March, 2004 Publish semi-annual newsletter. Timeline: Spring-Summer Edition mailed in March, 2004 Fall~Winter Edition mailed in September, 2004 Organize attendance Chamber meetings and bring promotional items for display. Timeline: Monthly as scheduled. Submit information for the cultural calendar page on a quarterly schedule for Recreation Brochure. (Requires access to pc and email) Timeline: Quarterly to coincide with the production of the Recreation brochure. Go Update the bulk mailing list for the Arts Commission. Timeline: June, 2004 Programs Committee Ao Sponsor Events at the Knutzen Family Theatre. ~ Co-host a Winter Concert. Distribute promotions, provide assistance with ticket sales and ushering. Timeline: Concert to be held in February, 2004 Bo Iii Co-Sponsor King County Performance Network Events at the Knutzen Family Theatre. Assist with promotions, ticket sales, ushering. Timeline: Two Concerts to be held March-April 2004 Assist with promoting events, ticket sales and ushering at the Knutzen Family Theatre. Timeline: Year round Co-Host Arts Harvest reception with Public Art Committee for Contract for Services Recipients, Artists and City Council. Timeline: October, 2004 Red, White and Blues Festival: ~ Review and develop new ideas for Artists in Action area. Timeline: Finalized by March, 2004 Develop the idea of an integrated public art project at the event. Timeline: Artists selected and ideas finalized by March, 2004. 2004 Contract for Services Program. ~ Develop Update application guidelines. Timeline: Programs Committee review June, 2004 Publish new guidelines. Timeline: August 2004 Review applications and make recommendations for funding to Commission. Timeline: Review applications in October-November approve at Commission Meeting in December, 2004 Continue involvement and funding support of the Summer Sounds on the Beach Concert Series. Schedule Commission members to attend Concerts. Timeline: Summer, 2004 Partner with Knutzen Family Theatre and in offering drama/musical theatre summer programs for youth in Federal Way. Timeline: July, 2004 4. Special Projects Cultural Plan Update: B Schedule a retreat to draft the priorities of the cultural planning process. Timeline: January, 2004. Identify consultant or firm to facilitate drafting the new plan. Timeline: February, 2004 ~ Review draft plan with Commission. Timeline: June, 2004 k:lartscomlretwkpln/wkpln0411.18.03 Arts Commission Budqet 2004 ARTS 'CoMM:~.:i~ADI~IlN, BUDGET AdOpte~;!..~,0.,.~?: :" "'"'~" © '~¥~ ~ ~:.~.. '~ : i.: .../'..:.. .. ..=~:.= . · .,::...,,,.~?i.i..i, i~:..~ ~. .,.. ? :.: ............... ~.:~.~;%~ .~. ?~.... ?~; ...... 001 7200 352 573 22 Part -Time Staff $550.00 Office Supplies $250.00 Books, Maps, Periodicals $75.00 Operating Supplies $250.00 Food & Beverage $200.00! Consultants $1,225.00 Per Diem and Meals $400.001 Conference and Seminar $800.00 Advertisinc~ $300.0~ Association Dues $200.00 L TOTAL $4,250.013 001 7200 352 573 23 Summer Arts Alive Camp $500.00 Exhibit Stipends & Materials $1,000.00 King County Performance Network (Dance $500.00 Knutzen Family Theatre Concert Series $1,900.00 New Program Contracts $1,000.00 Newsletter/Fliers/Promotion $7,500.00 Public Art $7,000.00 Receptions $400.00 Red,White & Blues Festival $8,450.00 Scholarships $2,000.00 Summer Sounds on the Beach $1,000.00 Summer Muscial Theatre $2,000.00 Outdoor Sculpture Exh. $5,000.00 Cultural Plan N/A Council Allocation/Contract For Services $2,700 L_ TOTAL' . ..... . " $40,950.00 001 7200 359 573 23 Contract for Services New Program Request TOTAL $25,000.00 BUDGET TOTALS 2004 Administration Budget: $4,250.~)0 Program Budget: $40,950.00 One Time Funding Allocation/CFS: $25,000.00 "=." ..... ~: i?,,!!'TOTALS!~?'~? ?,"::??i: ?:~ii~.'~?:,'=:'=~.,',.~''' "~ "=="?~ ~:?~'~.:~,,$70~'200;00~' ' ' ~"" MI~:ETINC DATE: January 20, 2.004 ]TEM¢t ~_,~.~._ _'~ ~'~E~ CITY OF I¢I)I ;IxAI. WAY AGENDA BIIA SUI{JECT: King County Dcvclopn~cntal ])isabilitics Grant CA 1 I,;GOItY: [] CONSENI' ~_] ORI)iNANCE ~-1 RI,;qC)I.t~'I'ION [-1 Pt!ItI./C/It,;ARIN(? LI CITY COUNCIl, BUSINESS ~] OTHER BUI)GET IMI'ACT: Amoun! Budgelcd: $ l~.xpcndi~urc And.: $ Contingency Req'd: $ AI'I'ACHM ENI'S: Committcc action form dated January 5, 2004; King County Developmental Disabilitics Grant SUMMARY/BACKGI~tOUND: Thc Parks, Recreation and Cultural Scrviccs Dcpartmcnt applied for and rcccivcd a grant for programs for individuals with disabilitics from thc King County l)evclopmcntal Disabilities Division. This would allow us to receive funds for our llorticulturc and Swimming and Fitness programs, which are gcarcd toward people witln dcvclopmcnial disabiliiics in thc Federal Way area. Thc grant amount is $4,2000 for thc pcriod of scrvicc bctwccn January 1, 2004-I)cccmbcr 3 l, 2004. CITY COUNCIl, COMMrI'TEE RIgCOMMENI)ATION: Motion to recommend to Council a "do pass" to accept the grant for $4,2000 and authorizc the City Managcr to cnter into an inter-local agreement with King County and to place this item bc£orc Council on January 20, 2004. PI/OPOSEI) MOTION: "1 move approval of the King County Dcvelopmcntal Disabilities Grant as prescntcd." (BI£LO I'l/ TO BI£ COMPLI£TI£D B I' CITY CLI£RK,_g' OFFICIO COUNCII~ ACI'ION: ~J I)ENIEI) [-I TABIA~;I)/I)EFEIII;~EI)/NO AC'FION ~J MOVEi) l'O SECOND REAl)lNG (ordinances only) COUNCII, BIIA. # I ST reading Enactmen~ reading ORi)iNANCE # RESOI ~tJ'l'l ON tl RLVISI 1)- 05/10/2001 5.C CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: January 5, 2004 PRHSPS Council Committee ~-A~ Mary Faber, Recreation and Cultural Servic~eS~perintendent David Mose~ey,_L.C~it~ Manager /' King Co~e~pmental Disabilities Grant Background: The Parks, Recreation and Cultural Services Department applied for and received a grant for programs for individuals with disabilities from the King County Developmental Disabilities Division. Funds from this grant allow the City to offer programs specifically designed for individuals with disabilities, such as Horticulture, Swimming and Fitness programs. This is an opportunity for the City to help serve low-income families and promote health, fitness and wellness. The grant amount is $4,200 for the period of service between January 1, 2004 and December 31, 2004. The funds will be used either to offset program fees, or enable people to participate completely free. They will also be used to pay necessary staff or one to one assistants, pay facility fees (for example, pool fees) and some program supplies. Committee Recommendation: Motion to recommend to Council a "do pass" to accept the grant for $4,200 and authorize the City Manager to enter into an inter-local agreement with King County and to place this item before Council on January 20, 2004. [I APPROVAL ~OF COMMI_TTEE~t~ i'/~~ fo/2004/kcddgrant~.04 ~tfl~lembel~ CommitCtee ~e~/ .... ~'~ RECEIVED BY (~O~UNFFV DE~q~LOPMENT DF_PA~ll~N"F DEC 2 ~ 2003 King County Contract No. Federal Taxpayer ID No. D33263D 91-1462550 Depa rtment/Division Community and Human Services/Developmental Disabilities Division Agency City of Federal Way Project Title Developmental Disabilities Contract Amount $ 4,200 Fund Code 0107 Contract Period From: January 1, 2004 To December 31, 2004 KING COUNTY AGENCY SERVICES CONTRACT - 2004 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Federal Way, whose address is P.O. Box 9718, Federal Way, WA 98063, (the "Agency"). WHEREAS, the County has been advised that the following are the current funding Sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY FEDERAL Federal Catalogue No. STATE $4,200 01/01/04 to 12/31/04 TOTAL $4,200 01/01/04 to 12/31/04 and WHEREAS, the County desires to have cedain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 14797. This form is .available in alternate formats for people with disabilities upon request. City of Federal Way Page I of 18 2004 Contract NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the padies hereto, the parties covenant and do mutually agree as follows: I. EXHIBITS The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: Certificates of Insurance/Endorsements General Requirements Family Support Community Service Grant AttaChed heret© as Exhibit I Attached hereto as Exhibit II Attached hereto as Exhibit III I1. III. IV. DURATION OF CONTRACT This Contract shall commence on the 1st day of January 2004, and shall terminate on the 31st day of December 2004, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. COMPENSATION AND METHOD OF PAYMENT Ao The County shall reimburse the agency for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: The Agency shall submit an invoice and all accompanying repods as specified in the attached exhibits not more than 10 workinq days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 4.__~5 days after a complete and accurate invoice is received. The Agency shall submit its final invoice and all outstanding repodS within 7 days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set ferth in said invoice or any subsequent invoice. OPERATING BUDGET When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the County under this Contract in accordance with said budget. The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. Page 2 of 18 City of Federal Way 2004 Contract VI. VII. VIII. INTERNAL CONTROL 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. MAINTENANCE OF RECORDS Ao The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. 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 Revised Code of Washington (RCW) Chapter 40.14. 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 (10) working days of any such relocation. AUDITS Bo If the Agency expends a total of $300,000 or more in federal financial assistance and has received federal financial 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 GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Agency shall provide a copy of the audit report to each County division providing financial assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal year. The Agency shall provide to the County their response and corrective action plan for all findings and reportable conditions contained in their audit. When reference is made in their audit to a "Management Letter" or other correspondence made by the auditor, the Agency shall provide copies of those communications and the Agency's response and corrective action plan. If the Agency is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VII.A. Additional audit or review requirements may be imposed on the County from time to time, and the Agency will be required to comply with any such requirements. VALUATIONS AND INSPECTIONS Ao The Agency shall provide right of access to its facilities, 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 services provided under this Contract. The~ C°uhty will give advance notice to the Agency in the case of fiscal audits to be conducted by the County. Page 3 of 18 City of Federal Way 2004 Contract Bo 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 termination hereof, unless a longer retention period is required by law. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency'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 42.17. IX. CORRECTIVE ACTION If the County determines that a breach of Contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Agency in writing of the nature of the breach; The Agency shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; Bo The County will notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The determination of sufficiency of the Agency's corrective action plan shall be at the sole discretion of the County; In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI.B; In addition, ..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 Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section Xl, Subsections A, B, C, D, and E. ASSIGNMENT/SUBCONTRACTING The Agency 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 Agency not less than fifteen (15) days prior to the date of any proposed assignment. "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. City of Federal Way Page 4 of 18 2004Conka~ Xl. TERMINATION Ao This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency thirty (30) days advance written notice of the termination. Bo The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Agency 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 the Contract is terminated by the County pursuant to this Subsection XI. B. (1), the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. XlI. If the termination 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 immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. If County expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set fodh above in Section II, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; 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. 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 be approved, thiS Contract will terminate at the close of the current appropriation year. The Agency may terminate this Contract upon seven (7) days wdtten notice, should the County commit any material breach of this Contract. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. 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. Xlll. HOLD HARMLESS AND INDEMNIFICATION Ao In providing services ~nder this Contract, the Agency is an independent Contractor, and neither it nor~its officers, agents, or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and City of Federal Way Page 5 of 18 2004 Contract compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County and the State of Washington, their officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the 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. Bo 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 terms 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 section. The Agency shall protect, defend, indemnify, and save harmless the County, its 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 performance and/or non-performance of its obligations under this 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 Title 51 RCW. 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. Do The County shall protect, defend, indemnify, and save harmless the Agency, its 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 sole negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extends 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 County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency 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 County. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. Eo To the extent that an Agency subcontractor fails to satisfy its obligation to defend and indemnify King Count as detailed in Section XVII, Subsection B of this Contract, the Agency shall protect, defend, indemnify, and hold harmless King County it officers, employees and agents from any and all costs, claims, judgments, and/or awards or damages arising out of, or in any way resulting from the negligent act or omissions of Page 6 of 18 City of Federal Way 2004 Contract the Agency's subcontractor its officers, employees, and/or agents in connection with or in support of this Contract. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this contract. XlV. INSURANCE REQUIREMENTS By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers, and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. For All Coverages: Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form 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 (3) years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. By requiring such minimum 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 limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability: City of Federal Way Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY). Professional' Liability: 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 Omissions Page 7 of 18 2004 Contract coverage shall be provided. "Professional Services'', for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care. 3. Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or 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. 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 Gap/Employers 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. C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for: General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. Professional Liability, Errors, and Omissions: $1,000,000 per claim and in the aggregate. Automobile Liability: $1,000,000 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. Workers' Compensation: Statutory requirements of the state of residency. Stop Gap/Employers Liability: $1,000,000 D. 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. Other Insurance Provisions Page 8 of 18 City of Federal Way 2004 Contract The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies Except Professional and Workers Compensation 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. 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. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. F. Acceptability 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 King County. If, at any time, the foregoing policies shall fail to meet the above minimum 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. G. Verification of Coveraqe The Agency shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the 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 all required insurance policies at any time. H. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall furnish seParate certificates of insurance and policy endorsements from each City of Federal Way Page 9 of 18 2004 Contract XV. 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. I. Municipal or State A.qency 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. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment and Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. B. Nondiscrimination in Subcontractinq Practices Dudng the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to padicipate 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 subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. C. Compliance with Laws and Requlations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to,' KCC 12.17, RCW Chapter 49.60, Titles VI, VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Restoration Act of 1987. The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. Small Business and Minority and Women Business Enterprise Opportunities King County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("MNVBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs: City of Federal Way Page 10 of 18 2004 Contract o Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting oppodunities. Placing all qualified small businesses, attempting to do business in King County, including M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to these firms capable of performing 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. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including M/WBEs. Establishing delivery schedules, where the requirements of this contract permit, that encourage participation by small businesses, including M/WBEs. Providing small businesses, including M/VVBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract. Using 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 MNVBEs. Fo o The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office on- line through their web site at www.wsdot.wa.qov/omwbe or at 360-763-9693. EqUal Employment Opportunity. The Agency will implement and carry out the obligations 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. Fair Employment Practices. King County Code Chapters 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 nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: Employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment; City of Federal Way Page 11 of 18 2004 Contract 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; 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 use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; Employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; o Employer, employment agency or a labor organization to retaliate against any person because that person has opposed any practice forbidden by KCC 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 KCC Chapter 12.18; - Publisher, firm, corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or circulated any advertisement with knowledge that the same is in violation of KCC Chapter 12.18.030.C., or to segregate and separately designate advertisements as applying only to men or women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; o Employer to prohibit any person from speaking in a language other than English in the workplace unless: The employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. The employer informs employees of the requirement and the consequences of violating the rule. G. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least six (6) years after completion of all work under this Contract, the following: Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and City of Federal Way Page 12 of 18 2004 Contract Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. The Agency shall provide every assistance requested by the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. H. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract, for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable law. . Reporting The Agency entering into a contract or agreement with King County valued at $25,000 or more shall submit with this contract a Personnel Inventory Report providing employment data for minorities, females, and persons with disabilities. Subject to the provisions of KCC Chapter 12.16.060, the Agency's Personnel Inventory Report shall be effective for two years after the date on which the report was submitted. The Agency entering into a contract with King County valued at more than $25,000, or contracts which in the aggregate have a value to the Agency of more than $25,000 should submit an affidavit of compliance in the form provided by the County, demonstrating commitment to comply with the provisions of KCC Chapter 12.16 in accordance with paragraph A of this Section XV. The Agency shall complete the affidavit of compliance provided by the County and attach the original, notarized, completed form to this Contract. Subject to the provisions of KCC Chapter 12.16.060, the Agency's affidavit of compliance shall be effective for two years after the date on which the report was submitted. If the Agency engages in unfair employment practices as defined above, remedies as set forth in KCC Chapter 12.18 shall be applied. The Agency will complete all reports and forms (including Department of SoCial and Health Services non-discrimination forms, where applicable) provided by the County and will otherwise cooperated fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. City of Federal Way Page 13 of 18 2004 Contract XVl. SECTION 504 AND AMERICANS WITH DISABILITIES ACT XVII. XVIII. XlX.' The Agency shall complete a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and shall evaluate 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 ("ADA"). The Agency shall complete a 504/ADA Assurance of Compliance, and it is attached as an exhibit to this Contract and is incorporated herein by reference. SUBCONTRACTS AND PURCHASES The Agency will include the above Sections IV, V, VI, VII, XII, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement-for services which relate to the subject matter of this Contract. The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its 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 act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." CONFLICT OF INTEREST KCC Chapter 3.04 is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. The Agency 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 Agency shall take appropriate steps to assure compliance with this provision. If the Agency violates the provisions of SUbsection XVll. or does not disclose other interest required to be disclosed pursuant to KCC Chapter 3.04, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a material breach of this Contract and grounds for termination pursuant to Section XI. above, as well as any other dght or remedy provided in this Contract or law. 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. Page 14 of 18 City of Federal Way 2004 Contract EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP The Agency agrees that any equipment purchased, 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 federal/state government. Co The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. The Agency will ensure that all such equipment will be returned t© the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. The Agency will admit County staff to the Agency's premises' for the purpose of marking such property with County property tags. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XXI. NOTICES Whenever this Contract provides for notice to be provided by one (1) party to another, such notice shall be: A. In writing; and B. Directed to the chief executive officer of the Agency and the director of the County department specified on page one (1) of this Contract. XXlI. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all dghts 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 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 performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of this Contract. XXlII. CONTRACT 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.' City of Federal Way Page 15 of 18 2004 Contract XXlV 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 15% higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who 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 in the fulfillment of this Contract. ENTIRE CONTRACT/WAIVER 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. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION XXVII. XXVlII. The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69.54, 70.02, 70.96A, 71.05, 71A. 10, 71A.14, 71A. 18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder; the Basic Interagency Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds 'granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. CONFIDENTIALITY The agency agrees that all information, records, and data collected in connection with this contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. 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 Agency City of Federal Way Page 16 of 18 2004 Contract The Agency agrees not to use or disclose protected health' information other than as permitted 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. The Agency agrees to mitigate, 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 violation of the requirements of this Contract. 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. 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. The Agency agrees to make available protected health information in accordance with 45 CFR § 164.524. 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. The Agency agrees to make internal practices, books, and records, including 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 determining King County" compliance with the privacy rule. o The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 528. B. Permitted Uses and Disclosures by 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. C.. Effect of Termination Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health information 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 information. City of Federal Way In the event the Agency determines that returning 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 Page 17 of 18 2004 Contract notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. KING COUNTY CITY OF FEDERAL WAY King County Executive FOR Signature Date Name (Please type or print) Authorized by DCHS Director Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY October 31, 2003 Date Page 18 of 18 City of Federal Way 2004 Contract .... ~'.:'.~'~. "~ ." ~",.:iiL';. ,~".i~.,.~..~..~,' ::.',."'i" ~;;: ",' .; .....,,....~ ,.,~ ,.-.", , . ,,.~:.,. THIS CERTIFICATE IS 18SUED A8 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE8 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. WASHINGTON INSURANCE SERVICES, INC. 18106 140th AVENUE N.E. WOODINVILLE, WASHINGTON 98072-6874 PHONE (425) 482-6767 FAX (425) 482-27TM CITY OF FEDERAL WAY A MEMBER OF CITIES INSURANCE ASSOCIATION OF WASHINGTON P.O. BOX 9718 33530 FIRST WAY FEDERAL WAY, WA 98003.6210 GENERAL LIABILITY ST PAUL FIRE & MARINE INSURANCE COMPANY AUTOMOBILE LIABILITY ST PAUL FIRE & MARINE INSURANCE COMPANY PROPERTY ST PAUL FIRE & MARINE INSURANCE COMPANY CRIME I PUBLIC EMPLOYEE DISHONESTY I BOND ST PAUL FIRE & MARINE INSURANCE COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY- BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE.OF INSUJa, ANCE.,, .. ,i:,POLlCyNUMBER':I .:,pOLICY,E£F. ECTIVE Pd!~IC,YEX'PIRATiON, : : .' "" :!,,LiMi'r~~ ' ' .',:"' .':; :::'~.' , ~' "',::' ::;':' DATE ' ' "';:'"'"',,i::~"D"AYE '"' :"" "" ' :' ~:' ':. ~:" ::':"' , '.. ~"~.. · ,~;. ;. ;'.:':. ,', ·i ~':~' ' :":' ' ':':' "' ' '" = "~ :'"" ' :'i"' ' '"; ,' ' .': . .t'.:;!=;'' .:i'-'~ . .: .. GENEi~L'LIABiJ;'IT~~' ". ":::" ?"' ," :" '"':"~'" ':". '"'~' ="~'~'::..~:"~",~" ". "!"" . '~'~::' ':'::('~ ".":~ ' .i.':',!i~::i~''',!i:''::'~!::'':', ':: '" ~ ",: ".. '='"., ' COMMERCIAL GENERAL LIABILITY GP06301432 9/1/2003 9/1/2004 GENERAL AGGREGATE $20,000,000. OCCURANCE FORM PERSONAL & ADV. INJURY $10,000,000. INCLUDES STOP GAP EACH OCCURRENCE $10,000,000. (LIABILITY IS SUBJECT TO A $100,000. S.I.R. PAYABLE FROM POOL FUNDS) ANY AUTO GP06301432 9/1/2003 9/1/2004 COMBINED SINGLE LIMIT $10,000,000. (LIABILITY IS SUBJECT TO A $100,000. S.I.R. PAYABLE FROM POOL FUNDS) GP06301432 9/1/2003 9/1/2004 $15,000,000. LIMIT GP06301432 9/1/2003 9/1/2004 $5oo,ooo. PER LOSS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED BUT ONLY AS RESPECTS THE CONTRACT #D32540D INCLUDING THE FAMILY SUPPORT EXTENSION GRANT AND ARE SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS AND PER THE ATTACHED ADDITIONAL INSURED ENDORSEMENT. 821 SECOND AVENUE, SUITE 400 SEAI-FLE, WA 98104 ATTN: CLIFF FLOBERG . CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIC-~TION OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTITIVES. KING COUNTY o DEVELOPMENTAL DISABILITIES DIVISION PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS ADDITIONAL PROTECTED PERSONS ENDORSEMENT - PERSONS OR ORGANIZATIONS REQUIRED BY WRITTEN CONTRACT FOR INSURANCE. This endorsement changes your Public Entity Liability Protection Pooling Groups - Excess of Self-Insured Retention. $tPaul How Coverage is Changed The following-is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person when required by a written contract for insurance. Any person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person. But Only for covered injury or damage arising out of: · premises you own, lease or borrow; or · your work for that person or organization. Any person or organization that you agree in a written contract of insurance to add as an additional protected person under this agreement is also a protected person for covered injury or damage arising out of your completed work for that person or organization. But only if the written contract for insurance specifically requires such completed work coverage for that person or organization and only for the period of time such completed work is required in the written contract for insurance However, no person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person for injury or ~damage arising out of its sole negligence. In addition, any person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person only for the lessor of: · the limits of coverage required by the written contract for insurance; or · the limits of coverage available for this agreement. Written contract for insurance means that part of any written contract or agreement in which you agree to add a person or organization as an additional protected person under this agreement that: · was made before; and · is in effect when; Name of Insured Cities Insurance Association of Washington Policy Number Processing Date Effective Date GP06301432 8/27/2003 9/1/03 40502 Ed. 1-80 Printed in U.S.A. ©St. Paul Fire and Marine Insurance Co. 1980 Customized Form Page I of 2 PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS ADDITIONAL PROTECTED PERSONS ENDORSEMENT - PERSONS OR ORGANIZATIONS REQUIRED BY WRITTEN CONTRACT FOR INSURANCE. This endorsement changes your Public Entity Liability Protection Pooling Groups - Excess of Self-Insured Retention. ~StPaul the bodily injury or property damage happens, or the personal injury or -advertising injury offense in committed. Additional protected person may also be called an additional insured in the written contract for insurance. ' We explain the term your work and your completed work in the Products and completed work total limit section. Other Terms All Other terms of your policy remain the same. Name of Insured Cities Insurance Association of Washington PoliCy Number Processing Date Effective Date GP06301432 8/27/2003 9/1/03 40502 Ed. 1-80 Printed in U.S.A. ©St. Paul Fire and Marine Insurance Co. 1980 Customized Form Page 2 of 2 WORK STATEMENT A. Board of Directors EXHIBIT II CITY OF FEDERAL WAY General Requirements - Projects Operate in accordance with Section XX, Board of Directors of the Standard Contract. The board's membership roster, copies of the bylaws and minutes of meetings of the past year shall be available for review. The board shall approve the Agency's annual budget, and there shall be board oversight of fiscal Operations. Agency Administration The Agency shall have current organizational charts describing administrative lines of authority and containing the position titles of program staff. 2. The Agency shall maintain a job description for each position within the organization, detailing duties and responsibilities. 3. The Agency shall have a written statement describing the mission of the organization. Appropriate Agency representatives shall participate in meetings scheduled by the County concerning County or State requirements. The Agency shall have on file all appropriate certificates and licenses in order for the Agency to operate as required by State or local law, rule or regulation. II. INDIVIDUAL HUMAN AND CIVIL RIGHTS PROTECTION The Agency shall protect individual human and civil rights by its actions and by having written policies which address, at a minimum, the following: If providing a direct service, there shall be an appeal/grievance process when a participant or his/her guardian disagrees with an Agency decision. This appeal/grievance process shall ensure that All conflicts are negotiated, A mediation process is available upon request using someone unaffected by the outcome, c. The individual may be represented by an advocate. Protecting participants from exploitation, neglect, and services. abuse while receiving CITY OF FEDERAL WAY EXHIBIT II 1 OF6 2004 CONTRACT Comply with Washington State law requiring background checks as required by (RCW) 43.43.830 - RCW 43.43.845 and Washington Administrative Code (WAC) 388-06 on all employees and volunteers providing direct service to persons with development disabilities. The criminal background check shall be completed prior to any employee or volunteer having unsupervised access to participants except as provided for in WAC 388-06-0500 - WAC 388-06-0540 that allow the Agency, for any new hire for whom the results of the Federal Bureau of Investigation (FBI) background check are pending, a one hundred twenty-day provisional hire. A copy of the completed and current background inquiries on each employee and volunteer shall be maintained in the Agency's records. Criminal history background checks performed by DSHS/DDD expire in 3 years and Washington State Patrol checks expire in 2 years from the date the check was made. Either background check is acceptable. Policy and procedures for Mandated Reporters, which includes all'staff and volunteers, shall be in accordance with RCW 46.44, RCW 74.34 and DSHS/DDD Policy 5.13 Protection from Abuse. Report any suspected instance of abuse, neglect or exploitation to local law enforcement and Children's Protective Services or Adult Protective Services as appropriate. bo Suspicion of abuse, neglect or exploitation that did not occur during the course of receiving services, shall be immediately reported. Co For any suspected physical or sexual abuse, or a potential life threatening situation, immediately call 911. If the Agency serves children, ensure that all staff and volunteers are aware of the special statewide phone number, 1-800-562-5624, for mandated reporters. eo If the Agency serves vulnerable adults as defined in RCW 74.34, the Agency shall ensure that all staff and volunteers are aware of the special statewide phone numbers for mandated reporters. Call 1-800-346-9257 if the individual lives in his/her own home or .if the suspected perpetrator is a family member or visitor to a licensed living facility. For suspected abuse that occurs in a facility by a staff member, call 1-800-562-6078. Provide for staff intervention in the most dignified, age-appropriate manner necessary in all situations, including instances when a participant's behavior jeopardizes the safety of him/herself or others or the behavior significantly disrupts program operations. ao If the Agency serves children, it shall implement a policy to include the prohibition of any form of corporal punishment which includes biting, jerking, shaking, spanking, slapping, hitting, kicking or any other means of inflicting physical pain to the child being served. This policy shall be followed by procedure outlining appropriate staff interventions in the most dignified, age- appropriate manner necessary in all situations, including instances when a CITY OF FEDERAL WAY 2OF6 L.._-'"- ~./_....~ 2004 CONTRACT EXHIBIT II o participant's behavior jeopardizes the safety of him/herself or others or the behavior significantly disrupts program operations. If the Agency serves adults, all interventions shall meet the requirements of DSHS/DDD policies 5.14, Positive Behavioral Supports, 5.15 Use of Restrictive Procedures, and 5.17 Physical/Manual Intervention Techniques issued under authority of RCW 71 .A. Personnel policies shall include disciplinary consequences for staff members for violation of civil rights. Ensure client confidentiality of records, including the provision of release of information and an employee oath of confidentiality. Policy should be in accordance with WAC 388.01 and DSHS/DDD Policies Client Rights 5.06 and Public Disclosure of Records and Safeguarding of Confidential Information 13.01, and Section XXIX Compliance with the Health Insurance pOrtability Act of 1996 of The Standard Contract. The Agency shall provide each client and/or family or advocate, as appropriate, who is receiving the service, an orientation or other informational material in which the following are explained: a. Participant rights b. Grievance/complaint procedures A description of what the recipient may expect through participation in the Agency's services. The Agency shall provide this information in a written document. The Agency shall agree to allow the Washington Protection and Advocacy System, Inc. (WPAS) access to investigate alleged incidents of abuse, neglect, and rights violations of persons with developmental disabilities as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 1975, 42 U.S.C section 6000 and 45 DFR 1385-86. ao To comply with laws and the DSHS/WPAS Access agreement of 2000, and DSHS/DDD Policy 1304 WPAS Access to Client Records maintained by DDD, by providing WPAS Access to the records of individuals .with developmental disabilities for the purpose of monitoring, advocacy, investigation of alleged violations of rights, abuse, neglect, abandonment, or exploitation. All participants shall be provided uncensored access to writing material, WPAS' address (315 Fifth Avenue, Suite 850, Seattlel WA 98104) and toll- free telephone number (1-800-562-2702 or 206-324-1521), a stamped envelope and/or access to a telephone for private conversations. Agree to notify King County Developmental Disabilities Division (KCDDD) within 3 working days, of any request from WPAS to access its programs, reCords or clients. CITY OF FEDERAL WAY EXHIBIT II 3OF6 2004 CONTRACT 9. The Agency shall maintain documentation to demonstrate that all staff is knowledgeable of and trained in the implementation of items above. The Agency retains the right to turn down new referrals. The Agency also retains the right to terminate services to individuals for cause. The Agency shall have written policies which reflect their referral acceptance policies and termination policies. The policies shall describe reasons which may lead to rejection of a referral or termination of current service to an individual. The policy shall contain procedures for appeal on behalf of existing or potential clients. III. SERVICE DELIVERY Ao Services purchased by the County are restricted to King County residents who have been declared eligible by the State Division of Developmental Disabilities (DDD) Field Services in accordance with WAC 388. Bo Services shall be based on the values and principles of integration and increased independence, as stated in The County Guidelines, and the authorized service being purchased by the County. Co The Agency shall cooperate with Region 4 Field Services and the County in any efforts to increase access to services for communities of color and to deliver services in a culturally and linguistically appropriate manner. Do The Agency shall coordinate services and resources, as appropriate, to meet the needs of individuals served by the Agency in order to complement and maximize available resources. IV. REPORTING AND EVALUATION REQUIREMENTS A. Attachment B Family Support Community Service Grant Manual Attachment B, which includes the billing invoice and participant activity sheets are due on or before the 10th working day after the close of the calendar month in which the services were delivered. However, the reports for the months of June and December are due on or before the 4th working day of the following month. The invoice shall be submitted acCording to the process and format specified by the County. The Agency shall review the documents for accuracy and completeness prior to submitting them to the County. The Agency shall report any injury or accident, which requires more than simple first aid, and any extraordinary incident that requires intervention by the Agency, to the case/resource manager for the individual involved and to the County Developmental Disabilities Division Program' Manager. This includes serious physical or emotional harm or potential harm. The initial report may be done through documented telephone calls to the County Program Manager and the DSHS/DDD case manager. CITY OF FEDERAL WAY EXHIBIT II 4OF6 2004 CONTRACT Eo The Agency shall submit a written follow-up repod within 10 days to the County Program Manager and to the DSHS/DDD case manager. The report to the County Program Manager may be submitted by email, facsimile (FAX) to 206-905-1632 or by mail to 821 Second Avenue, Suite 400, Seattle, WA 98104. Serious and emergent incidents shall be handled in accordance with DSHS/DDD Policy 12.01 Incident Management. If the Agency is providing direct services to an individual and/or family, a file shall be maintained for services billed to King County containing current medical information (medications, diet, allergies, etc.) needed during the hours of service. The Agency's attendance records and/or service delivery records shall document all services billed to King County. The Agency shall submit, when required by the County, Corrective Action Plans and Corrective Action Reports in accordance with time frames established by the County. Revenue, Expenditure, and Accounting Reports Th~ Agency agrees 'to cooperate with the County should revenue and expenditure information be required by the County in the future, and/or if the County seeks financial data related to specific service delivery costs. The Agency shall include by insertion or attachment the following certification in its monthly invoice, with signature and date signed by Agency Director or designee: Vendor's Certificate. I hereby certify under penalty of perjury that the items and total listed herein are proper charges for materials, merchandise or services furnished to King County, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, sexual orientation, or Vietnam era or disabled veteran status. By: Date: 3. Final Billing The Agency shall submit final billings for services provided during the period January 1 through June 30, 2004, including retroactive adjustments by July 8, 2004, to meet the State of Washington fiscal year-end close-out. The Agency shall submit final billings for services provided during the period July 1 through December 31, 2004, including retroactive adjustments by January 6, 2005, to meet the King County fiscal year-end close-out 2004. Should the Agency not provide the invoices by these deadline dates, the County shall be relieved of all liability for payment of amounts billed in said or in any subsequent invoice monthly reimbursement. CITY OF FEDERAL WAY EXHIBIT II 5OE6 20O4 CONTRACT V. SPECIAL PAYMENT PROVISIONS - TEMPORARY CLOSURES OF PROGRAMS In order to qualify for reimbursement for any closure due to natural causes, disasters or other conditions beyond the provider's control, the Agency shall demonstrate that the closure was because of weather conditions or other natural causes necessitating the closure of the public schools in the Agency's catchment area. CITY OF FEDERAL WAY 6 OF 6 EXHIBIT Il ~.....~__..~.~ 2004 CONTRACT EXHIBIT III CITY OF FEDERAL WAY Family Support Community Service Grant II. WORK STATEMENT The Agency shall provide services to enrolled participants in accordance with the terms and conditions described hereinafter and in accordance with Exhibit II1. General Requirements. The total amount of reimbursement pursuant to this Exhibit shall not exceed Four Thousand Two Hundred Dollars ($4,200) from State and/or County Funds for the contract period January 1- December 31, 2004. Of this amount $2,100 are only for services rendered January I - June 30, 2004. The remaining amount of $2,100 will be available only for services rendered July 1, 2004 - December 31, 2004. Funds reserved for services in the first half of 2004 shall not be used for services delivered in the second half of 2004. PROGRAM DESCRIPTION A. Goal Promote and suppod community opportunities for individuals (children and adults) with developmental disabilities who reside with their families. B. Objectives 1. To be family focused 2. Increase inclusion of persons with developmental disabilities in their communities 3. Promote community collaboration Expand horticultural skills, increase health and fitness opportunities for 20 to 30 individuals with developmental disabilities. C. Eligible Population Services funded by this Exhibit shall be provided to assist only children and adults with developmental disabilities as defined in Exhibit II, General Requirements, III Service Delivery, A and B. D. Pro.qram Requirements Develop and implement community based service projects that benefit individuals (children and adults) with developmental disabilities and their families as stated in Attachment A, "Family Support Community Service Grant 2004 Contract Project Data Sheet (FSCSG)". Eligible participants are individuals (children and adults) who live with their families or independently. 3. Facilitate the use of generic community resources. CITY OF FEDERAL WAY EXHIBIT III PAGE I OF 2 C- o 2004 CONTRACT Build community partnerships within and outside of the developmental disabilities system. Address the diverse needs of communities of color and limited or non-English speaking groups. Administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. III. COMPENSATION AND METHOD OF PAYMENT The total reimbursement for the contract period shall not exceed the amount in I. Work Statement of this Exhibit. Bo The Agency shall complete Attachment B, the "Family Support Community Service Grant Manual" (which includes the billing invoice and the participant activity sheets) when billing for actual allowable expenditures and services rendered under this contract. The billing invoice and other required reporting documents serve as the Agency's invoice to the County for services rendered. The County may, at its option, withhold reimbursement for any months for which the required reports have not been received or are not accurate and/or complete. IV. REPORTING AND EVALUATION REQUIREMENTS A. Submit with each billing a brief progress report, on the activities identified in the project. For the purposes of this contract administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. A report summarizing the results shall be submitted no later than with the December 31, 2004 billing. CITY OF FEDERAL WAY EXHIBIT Ill PAGE 2 OF 2 2004 CONTRACT ATTACHMENT A Family Support Community Service Grant 2004 Contract Project Data Sheet January - December 2004 1. Project Name: Swimming/Fitness & Horticulture. 2. Name of Agency/Organization: City of Federal Way & Highline CC. 3. Date project (services) will begin January 1, 2004. (Cannot be ear:lier than January 1, 2004) 4. Date project (services) will end December 31,2004. (Cannot be later than December 31, 2004) 5. Project goal or goals. What results are expected from project? (Limit your response to 50 words or less.) We desire to increase community involvement and awareness of and for people with developmental disabilities through inclusive programming of our two funded areas. We wish to help remove barriers for those with disabilities (physical, financial, mental), increase health and fitness levels, and increase horticultural skills and horticultural benefit recognition (mental, physical and environmental) for all involved. Check the theme(s) that best describes your project: X Community Resource Development (Community activities, recruitment of volunteers, support to clients, etc.) _ Parents Helping Parents (Support groups) _ Provider Support Development (Respite) _ Information and Education Initiative (Gather, prepare and disseminate information, etc.) 7. How.many eligible (DDD enrolled individuals living with their families) participants will the project serve? 20 - 30 Identify service population: Adults Only __ Children Only X Both Adults and Children 9. What area(s) of the County will the project serve? South King County - mostly Federal Way 10. What are these funds being used for? (Limit your response to 50 words or less.) CITY Of FEDERAL waY EXHIBIT Ill-ATTACHMENT a Page 1 of 2 2004 CONTRACT ATTACHMENT A Family Support Community Service Grant 2004 Contract Project Data Sheet January - December 2004 The funds will be used to either offset program fees, or enable people to participate completely free. They will also be used to pay necessary staff or one to one assistants, pay facility fees (for example, pool fees) and some program supplies. 11. Briefly describe the project. (Limit your response to one page or less.) HORTICULTURE PROGRAM. An on-going community horticulture project held at Dumas Bay Centre, a City of Federal Way facility located in F.ederal Way, Washington. People with developmental disabilities can work with their families and other members of the community to create a beautiful park that can be enjoyed by the entire community. By participating in this program, all people involved will realize the mental, physical and environmental benefits that stem from gardening, landscaping and caring for an outdoor facility. All involved will also be educated on different aspects of horticulture, which could possibly lead to a car. eer in the field. SWIMMING & FITNESS PROGRAM. The purpose of this program is to help people with developmental disabilities access existing swimming lessons, water aerobics classes for health and fitness, therapy, social skills, enrichment and education. In most cases, the individual will attend class with a person who does not have a disability, therefore promoting inclusion. This program has expanded beyond water activities for fitness to include walking, Yoga, Tai Chi, aerobics and more. An individual plan is made for each person wishing to participate to facilitate individual needs to the highest degree. CITY OF FEDERAL WAY EXHIBIT Ill-ATTACHMENT A Page 2 of 2 2004 CONTRACT MI~;I~JI lNG I)A ! !~: January 20, 2004 ITEMII _ CITY OF FEI)ERAL WAY Cily Coun cji ACEN l)k 111 SUBJIX, 1: Cultural l)cvcloprncnt Authority of King County Arts Contract CATEGORY: ~] CONSENT [] OR1)INANCE [] RESOIAJTION [] PUBIACIIEARING [] CITY COUNCIi~ BUSINESS [] OTIIER BUDGET IMPACI': Amount Budgeted: $ Expendilure Ami.: $ Contingency Req'd: $ ATTAC}IMENTS: Committec Action Form dated January 5, 2004; Cultural Development Authority of King County Arts Conlract SUMMARY/BACKGROUNI): Thc Cultural Development Authority of King County provides public art consultant and program management expcrtise to local communities. There are two projects currently under devclopment. The ncw City llall projcct is schcdulcd for completion in 2004, and thc ncw Community Center projcct is scheduled for complction in 2006. Thc consultant fccs will not excccd $74,328 for both projects. The funds arc budgeted through thc 2% for Art budget R)r cach projccl. CITY COUNCI l~ COMM IT'I'EE I~.EC()MM ENDATION: Molion to rccommcnd to Council a "do pass" to authorize thc Cily Manager to enter into a lntcr-local agrecmcnt with the Cultural Dcvelopmcnt Authority of King County roi' a total of $74,328 to provide public arts consulting and management for the 2% for Public Art Program for City ltall and Community Center projects and to place bcforc Council on thc January 20, 2004 agenda for approval. PI~,OPOSEI) MOTION: "l movc approval of thc Cultural l)cvclopmcnt Authority of King County Arts Contract as prcscnicd." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCI 1~ ACTION: API'I~.OVEI) [-I I)ENIEI) LJ TABIA4;I)/DEIq~;RI~Lt~;I)/NO ACTION MOVEI) TO SECONI) I~,EAI)iNG (ordinances only) COUNCIi~ BI i~iJ ~I I s~'' reading Enactment reading ORDINANCE # RESOI~UTION # REVISED- 05/'10/200'1 5.D C1'1'¥ Olc I¢I~;t)IClIA l~ \¥A¥ PARKS, RECI,II~;ATI ON AND CUI/I'URA1. SI~iR¥1 CI~S MEMOP, ANI)UM l)alc: To: FI'o Ill '- Via: Subject: January 5~ P.(IO4 ~ 1'1~il ~qPS Council Comn-,iticc (~ ~. Mary Fabcr, llccvcalion anti Cullural Sc~sfl~oordinaior l~avi(! M~.y Man apcr / -~ Cullnral i)cv~Ol]n~nl Anlhorily of l(ing Courtly Arts Conlracl llackground: Thc Cultural 1)cvclopnacnl Authority of King County, previously known as tine King County Arts Commission, provides public art consultmat mad program managcmcnt expertise to local communities. Thc City has utilized thc services of this agency for thc 2% for Art program for tine Knulzcn Family Thcalrc projcct. P, cprcscntativc tasks included in thc Scopc of Scrviccs m'c art proposal dcvclopmcnt and authorization; assisting with tiao artist application materials and sclcction process; contract development for selected artists; construction document coordination; management of the art work fabrication and installation; prcparation of closoout documcntation and art-work dcdication assistance. Thcrc arc two prqjccts that currently under development. Thc new City l lall project is scheduled for complctior~ in 2003. Thc new Community Ccntcr project is scheduled For completion in 2006. Thc consultant Fees will not exceed $74,328 Fei' both projccts. Thc flmds arc budgeted through thc 2% For Art budget For each project. A copy of thc proposed contract m~d Scopc of Services is attached. The Legal l)eparlmcnt is currently reviewing tiao contracl. Commiltce l~.eeovnrncndation: Motion to recommend to Council a "do pass" to authorize thc City Manager to enter into a Inter-local Agrccmcnt with thc Cultural l)cvclopmcnt Authority of King County for a total of $74,328 to provide public arts consulting and managcmcnt for thc 2% for Public Art Progrmaa for City Hall and Community Center projects and to place before Council on thc January 20, 2004 agenda for approval. i :/councilin fo/2OOd/cdaartcontract1.04 AGRISiSM IqNT IIICI'WIglSN '1'1115 C1'1'¥ O lc 1c151) 1¢1{ A 1~ XYA¥ A N 1) CU! ~TURAi, I)IgVEI~OPM IgNT AUTi IOI~ITY ()lC i(IN(; COUNTY FOR PUBI,I C ART MANA(;EM ENT SERVICES This Agreement is made and entered into this I st day of November 2003, between thc City of Federal Way, a Washington municipal corporation ("City"), and thc Cultural Dcvclopmcn! Authority of King County ("CI)A") for thc public art program management services. Thc Cily and thc CI)A collectively shall bc referred to as "thc Parties." WI II;,RI);AS pursuant to RCW Chapter 35.21.730 and 39.34.020, thc lnlcrlocal Acl, the Cily and Ibc CI)A desire to enter inlo a inter-local agrccmcnl for joint or ¢ooperalivc aclion; WI-IEP, I?,AS thc Federal Way City Council enacted Ordinance 94-217 effective ,)uly 23, 1994 cstablishing a art in public places fund; WI]I'~I,ll;,AS thc City purchased property at 33325 8th Avenue South, Federal Way for a new City llall; Wlll;~I>,I;,AS thc new Cily llall is a qualit'ying capilal improvcmcnl project For approprialion of 2% of thc construction budget for dcvclopmcn! o£public art; WIlEP, EAS thc City Council selected Celebration Park for thc construction of a new Community Center; WI-IERI;,AS; thc new Community Center is a qualilying capital improvement project for thc appropriation of 2% o£thc construction budgc! for public art; Will il{ I ;,A S lbo Cultural l)evelopmcnl Aulhorily o l'King County was enacted by Ordinanc(: ldd 82 pursuanl to RCW 35.21.730 on ,lanuary l, 2003 as a public a:uthority with a specific purpose mad expertise to develop partnerships with municipalities to enhance thc built environment and sense of place thc of public art; NOW, TIII';I~,I';I;OP, I~;, thc Parties agree to thc £ollowing terms and conditions: 1. Thc City ofl;cdcral Way socks thc temporary professional art managomcnl services of thc Cullural 1)cvclopmcnt Authority of King County to facilitate thc public art selection process and management of thc 2% for Art Progrm~a for thc City ]tall and Community Center. 11. TERM Thc dm'alien ofthis Agreement shall bo for an initial period ofthrcc years, fi'om November 1,2003 to December 31,2006. 111. CI)A RIb;S! ONSIBllA I II~S 3.1 Scopc_.of Scr_vjccs. Subjcct to thc tcrms of this Agrccmcnt, thc CDA shall providc thosc scrviccs dcscribcd in Exhibit "A" mad Exhibit "B" attached hereto mad incorporal, cd hcrcin by this rcfcrcncc ("Services"), which Services shall be performed in a manner consistent with thc accepted practices for other similar services, completed lo lbo City's salisfaction, within the lime period prescribed by thc City, and pursuant to thc dircction of thc City Managcr or his or hcr dcsigncc. 3.2 ]O3yoicc. Thc CI)A agrees to invoice the City monlhly for scrviccs rendered. Thc invoice will providc an itemized account of work pcrformcd to date. IV. CITY RI~S! ONSIBIIA 1 iI~;S 4.1 ~33~cnt. In consideration of thc CI)A performing thc Services, lhc City agrees to pay thc CDA an amount not to cxcccd Scvcnty Four Thousand m~d Thrcc 1 lundrcd and 28/100 Dollars ($74,328.00), for thc Scrviccs pcrformcd during thc Tcrm ortho Agreement. 4.2 Method ofPaymcnt. Paymcnt by thc City for thc Services will only bc made aflcr thc Services have been pcrfomaed, a voucher 03' invoice is submittcd in thc form spccificd by thc City, and thc same is approvcd by thc appropriate City rcprcscnlalivc. Paymcnl shall bo made on a monlhly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 C_C0ntractor Rcsponsiblc for Taxcs. Thc Contraclor shall be solely responsible for thc payment of any taxes imposed by any lawful jurisdiction as a result of thc pcrformancc and paymcnt of this Agrccmcnt. V. TERM I NA'I'I O N 5.1 ,1 usl Cause. Thc CI)A or Cily may tcrminale this Agreement R)r Just eatlsc that il has provided thirty (30) days prior writlcn notice to tiao other parly. "Jusl Causc" shall mcan thc party's failure to pcrform its obligations undcr this Agrccmcnt following notice fi'om thc other party of such failure and after an opportunily lo cure or satisfy such obligations. 2 VI. INI)EMNIIqCATION 6.1 Ho~ld_.JJarmlcss. Thc CDA agrees to protcct, dcl'cnd, indemnify, and hold harmlcss thc City of Federal Way, and its officcrs, officials, cmployccs, and agcnts, from any and all claims, demands suits, pcnallics, loses, damages, judgmcnls, attorneys' fees, and/or costs of any kind whatsocvcr, arising fi'om, resulting fi'om, or connected wilh this Agrccmcnt lo thc extent caused solely by lhc negligent acls, errors or omissions of thc Cf)A, its parmcrs, sharcholdcrs, officcrs, cmp]oyccs, agcnts, and/or subcontractors, or by tho C])A's broach of thc Agrccmcnt. 6.2 CDA Obligatio_n_s. Exccpt for damagcs causcd by thc sole ncgligcncc of thc City of Fcdcral Way, thc CI)A's obligations under this scction shall include, but nol bc limited to: 6.2.1 Thc duty to promptly acccpt tender ofdcfcnsc and providc dcfcnsc to thc City of Fcdcral Way at thc CI)A's own cxpcnsc; 6.2.2 Indemnification For such claims whether or not they arise fi'om thc solo ncgligcncc of thc CDA, or thc concurrcnt ncgligcncc of the CDA and thc City of Fcdcral Way or anothcr party; 6.2.3 Thc duty to indemnify and defend tho Cily of Federal Way from any claim, dcmand, and/or cause of aclion brought by or on bchalf of any of lhc CI)A's cmployccs, or agcnls. Thc foregoing duty is spcci:fically and c×pressly intended to constitute a waiver of the CI)A's immunily under Washinglon's Industrial Insurance Act, Chapter 51 RCW, as rcspccls Cily ofl;cderal Wa5, only, and only to tiao extent necessary to providc City of Federal Way with a full and complctc indcnmity and dcfcnsc of claims made by thc CDA's cmployccs. Thc partics acknowlcdgc that thcsc provisions wcrc mutually ncgotiatcd mad agrccd upon by thcm. 6.3 Rccovcrab!c);ccs and Costs. in thc cvcnt thai thc City of Fcdcral Way incurs attorney fccs and/or costs in thc dcfcnsc of claims for damages within the scope of this scction, such fees and cosls shall bc rccovcrablc from tho C1)A. In addition, City of Fcdcral Way shall bc cntillcd to rccovcr fi'om thc CI)A attorncys' fccs and costs incurred to cnforcc thc provisions of this Scction VI. 6.4 Survival. Thc provisions ofthis section shall survivc thc cxpiralion or tcrminalion of this Agreement with rcspcct lo any event occurring prior to such cxpiration or lcrmination. 7.1 8.1 8.2 8.3 8.4 8.5 8.6 VII. OTIIER CONDITIONS CDA Comp!ian_c~. Thc CDA assumes full responsibility for ensuring conapliancc with Scctions 111, V and Vll and acknowlcdgcs that City of Fcdcral Way is not rcsponsiblc for cnsuring compliance with thcsc Scctions. \7111. GENEI{AI, I'I{OVI SI ()NS Adm~_inistr_ation a_nd Notice. Thc rcsponsibility for overseeing thc compliance with thc provisions of this Agrccmcnt shall bc handled jointly between lhc Parlics, and no scparatc lcgal or administrativc cntity shall bc formed by thc Parties for such purpose. The contract rcprcscntativc for thc City shall be thc City Manager or his or her dcsigncc, 33530 1st Way South, Fcdcral Way, Washington 98003. Thc contract adminislrator on behalf of thc CI)A shall bc thc Director or his or her designee, Cultural Development Authority of King County, 506 Second Avenue, Suite #200, Scatllc, WA 98104-2307. Entire Agrcc~3~nt. This Agrccmcnt contains all of thc agrccmcnts ofthc Parties wilh respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to m~y such matters shall bc cffcctivc £or any purpose. Modification. No provision of this Agreement may bc amended or added to cxcepl by agreement in writing signed by thc Parties or their rcspcctivc successors in interest. Full_~EQrcc andF. ffcct. Any provision of this Agrccmcnt which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such othcr provisions shall rcmain in full Force and cffcct. Assign_n~_cnt. Ncithcr thc City nor thc CDA shall havc thc right to transfcr or assign, in whole or in parl, any or all of its obligations and rights hereunder wilhoul tine prior wrillcn conscn! of thc other l'arty. Attorney Fc_cs. Except for thc provision in Section 6.3 of this Agrccmcnl, in the cvcnt thc City or thc CDA dcfaults on thc performance of any terms in lhis Agrccmcnt, and thc CDA or City places thc cnforccmcnt of thc Agrccmcn! or any part thcrcof, or thc collcction of m~y monies duc, or to bccomc duc hereunder, or rccovcry of posscssion of any bclongings, in thc hm~ds of mn attorney, or filc suit upon thc same, cach Party shall pay all its own attorney's fccs, costs and cxpcnscs. Thc vcnuc for m~y dispute rclalcd to this Agreement shall be King Counly, Washington. 8.7 8.8 8.9 8.10 8.11 8.12 No Waiycr. Failure of either l'arty to declare any breach or dc£ault immediately upon occurrcncc thcrcof, or dclay in taking any action in connection with, shall not waive such breach or dcfaull, but either Party shall have the right to declare any such breach or dcfaul! al ally time and take such actions that migllt bo lawful 00' aulhorize(1 hcrcundcr cithcr at law or in cquity. Failure ofcithcr Party to declare eric brcach or dcfault does not act as a waiver of cithcr Party's right to dcclarc another brcach or default. Arbitration. I)isagrccmcnts concerning tho interpretation or applicalion of tile provisions of this Agreement arc subject to arbitration provided fi'mt thc (;ii), Manager, or his or hcr dcsigncc, and thc CI)A l)ircctor, or his or her designee, have discussed and attempted to sc!tlc thc dispute. The Party desiring arbilration shall submit writ!on notice of thc intent to arbitrate along with thc basis for thc dispute. Following rcccipt of thc not}cc to arbitratc, thc othcr }'arty may rcqucst a race!lng within four!cch (1 4) working days in attempt to resolve thc matter. If thc matter cannot be resolved, thc Part}cs shall first attempt to sclcct an arbitrator. If no agrccmcnt can bc rcachcd on thc selection o£ thc arbitrator, tho City and thc C])A agree to usc thc services of thc American Arbitration Association for tiao selection oF tiao arbitrator, l;,ach party shall bo responsible £or its own costs and £ccs incurred in preparing for and par!to}paling in tho arbitral}on. Thc arb}Ira!or fees along with any administration fcc shall bc borne equally by thc City and by thc CI)A. Thc arbitrator shall dctcrminc thc controversy in accordm~cc with thc laws of thc Stale o£ Washington. Thc arbitrator's decision shall be binding upon both Part}cs. Captions. Thc respective captions of thc Sections o£this Agreement arc inserted for convcnicncc ofrcfcrcncc only and shall not bc dccmcd to mod} Fy 00' othcrwi sc affect any of thc provisions of this Agreement. Rcn3cdics Cumulalivc. Any rcmcdics provided For undcr thc terms o Fthis Agl'ccment arc not intended to bo exclusive, but shall bo cumulative witll all other remedies availablc at law, ill equity or by statutc. Equal Opportu_n_ity__to _pr_aft. Thc Part}cs have participated and had m~ equal opportunity to participalc in thc drafting of!hi s Agrccmcnt, and thc Exhibits, if any, attachcd. No mnbiguity shall bc construed against any party upon a claim that party draftcd thc ambiguous language. Filing of Agreement. This Agreement shall bo filed wilh thc City Clc'k oFlhc C~ty of Fcdcral Way, and thc King County Records and l;,lcclions Division. 8.13 Notices. Any noticcs rcquircd to bc given by flac Parties shall bc dclivcrcd to thc Parties at the addresses set forth below IN WITNESS whercof thc Parties have cxccutcd this Agrccmcnt thc day m~d year sct forth bclow. DATEI) thc day and year sct forth abovc. CITY OF FI';I)I;,P, AI, WAY ATTI;~ST: By: David. It. MoSeley, City Mm~agcr 33530 1st Way Soulh Federal Way WA 98003 City Clerk, N. Christinc Grccn, CMC APPROVED AS TO FORM: City Attorney, Pairicia A. Richardson APPROVED AS TO FOP, M' CULTURAl, DEVEI,OPMF, NT AUTi ]OP, 1TY OF KING COUNTY Xi{orncy for thc CDA By:_ Jim Kelly Its 1)ircclor 506 Second Avcnuc Scattlc, WA 98104-2307 (206) 296-7580 K :~rtsCom~l~ubArt~l~Al~rojccts\ll,ACull)cvAul 1.5.03 Federal Way City Hall Mgt Proposal Task/Service Hours Cost Task 1: Art Proposal Development 1 .A. Review project, schedule, possible locations and types of artwork. Lead workshops with Art Commission 1 .B. Draft art opportunity proposals outlining conceptual framework for art budgets, timelines, artist selection methodology. 15 $1,200.00 8 $640.00 1 .C. Present art proposal and recommendations for approval 8 $640.00 Sub-Total Task 1 $2,480.00 Task 2: Artists Selection Process 2.A. Recommend members for one art selection panel; Contact panelists and confirm participation, set up meetings to review artists. 2.B. Facilitate invitational application process: compile a list of artists; write, and circulate project description 8 $640.00 14 $1,120.00 2.C. Prepare application materials for review; facilitate artist selection panel 42 $3,360.00 including finalists' orientation and interviews includes panel fees and honoraria 2.D. Make one presentation regarding panel reccomendations 10 $800.00 2.E. Return application materials; include a letter announcing outcomes 8 $640.00 Sub-Total Task 2 $6,560.00 Federal Way City Hall Mgt Proposal Page I Task/Service Federal Way City Hall Mgt Proposal Hours Cost Task 3: Contract Development 3.A. Develop contract model and circulate for review 3.B. Negotiate contracts and individualized scope of work for project artists during proposal; design development and implementation stages Sub-Total Task 3 10 $1,000.00 8 $800.00 $1,800.00 Task 4: Proposal Development and Construction Document Coordination 4.A.. Work with artist and design consultants to review artists concepts and craft proposal 4.B. Present artists proposal to Arts Commission for review and comment 2O $1,600.00 8 $640.00 4.C. Work with artist to incorporate Arts Commission comments 4.D. Present concept to City Council for approval 4.E. Follow-up with project manager to review construction coordination Sub-Total Task 4 7 $560.00 10 $800,00 20 $1,600.00 $5,200.00 Task 5: Artwork Fabrication and Installation 5.A. Monitor studio fabrication; Monitor and coordinate on-site installation and 50 $4,000.00 construction coordination for all artists' projects Sub-Total Task 5 $4,000.00 Federal Way City Hall Mgt Proposal Page 2 Federal Way City Hall Mgt Proposal Task/Service Hours Cost Task6: Final Materials, Dedication and Opening 6.A. Develop and/or monitor close-out materials including maintenance manuals, and documentation. 6.B. Prepare Exit Report, including recommendations for next steps and lessons learned 8 $640.O0 10 $800.00 $1,440.00 Total $21,480.00 Administrative Contingency Grand Total $2,148.00 $23,628.00 Federal Way City Hall Mgt Proposal Page 3 Federal Way Community Center Proposal Task/Service Hours Cost Task 1: Art Proposal Development 1 .A. Review project, schedule, possible locations and types of artwork. Lead workshops with Art Commission 1 .B. Draft art opportunity proposals outlining conceptual framework for art budgets, timelines, artist selection methodology. 15 $1,200.00 8 $640.00 1.C. Present art proposal and recommendations for approval 8 $640.00 Sub-Total Task 1 $2,480.00 Task 2: Artists Selection Process 2.A. Recommend members for one art selection panel; Contact panelists and confirm participation, set up meetings to review artists. 8 $640.00 2.B. Facilitate application process; write and circulate prospectus;research and 24 $1,920.00 place advertising; identify web sites for posting; interface with web manager for internet posting 2.C. Prepare application materials for review; facilitate artist selection panel 50 $4,000.00 including finalists' orientation and interviews includes panel fees and honoraria 2.D. Make one presentation regarding panel recommendations 10 $800.00 2.E. Return application materials; prepare letter to announce competition outcome for insertion in return packets 12 $960.00 Sub-Total Task 2 $8,320.00 Federal Way Community Center Proposal Page 1 Federal Way Community Center Proposal Task/Service Hours Cost Task 3: Contract Development 3.A. Develop contract model and circulate for review 10 $1,000.00 3.B. Negotiate contracts and individualized scope of work for project artists 8 $800.00 during proposal; design development and implementation stages Sub-Total Task 3 $1,800.00 Task 4: Proposal Development and Construction Document Coordination 4.A.. Monitor development of artist's initial conceptual ideas 20 $1,600.00 4.B. Facilitate review of proposed ideas; Presentations to Arts Commission, City Council and as part of A&E presentations; document outcomes 24 $1,92O.O0 4.C. Work with artists and design team to integrate artwork concepts into construction documents; review documents and spec sections 55 $4,4OO.OO Sub-Total Task 4 $7,920.00 Task 5: Artwork Fabrication and Installation 5.A. Monitor studio fabrication; Monitor and coordinate on-site installation and 70 $5,600.00 construction coordination for all artists' projects Sub-Total Task 5 $5,600.00 Federal Way Community Center Proposal Page 2 Task/Service Federal Way Community Center Proposal Hours Cost Task6: Final Materials, Dedication and Opening 6.A. Develop and/or monitor close-out materials including maintenance manuals 6.B. Prepare Exit Report, including recommendations for next steps and lessons learned 7 $560.00 4 $320.00 $880.00 Total $27,000.00 $2,700.00 Administrative Contingency Grand Total (without Water Feature) $29,700.00 Addendum: Additional costs for inclusion of water feature Construction Infrastructure 21,000 Federal Way Community Center Proposal Page 3 WV-'-r- CITY OF FEI)ICI'.AI, WAY C i ty C o u n ci 1 AGENI)A IIIIA, SUB]IX, !: ])arks Commission 2008 Work Plan CATEGORY: BUI)GET IMPACT: ~<] CONSENT [] ORI)INANCIC [-I RESOI,UTION ~] I'UBIAC ilEAP, ING [] CITYCOUNCII, BUSINESS [] OTIIER Amounl: Budgeled: $ Expenditure Am{.: $ Conlingency Req'd: $ ATTACIIM ENTS: Committcc Action Form datcd January 9, 2004; I'm'ks Commission 2004 Work l'lan. SUMMARY/BACKGROUND: At their January 8 meeting, thc Parks Commission identified their current and upcoming projects that will form the basis of their work plan for 2004. Thc Parks Commission passed a motion to forward to Council fl'~cir work plan. CITY COUNCIl, COMMITTEE RECOMM ENI)ATION: Move to recommend to Council a "do pass" to accept the l'arks Commissio~qs 2008 work plan as submitted, and to place fl~is item on Councils January 20 Council Agenda under consent. Pi1OPOSED MOTION: "1 move approval of the Parks Commission 2004 Work Plan as presented." (BELO H/ 70 BE COMI'LE77!D B Y CITY CLERKS OFFICIO COUNCi l, ACTI ON: [] APPROVEi) I)ENIICl) 'I'ABIA~;I)/I)EI~3~;RI~,ICl)/NO ACTION MOVEI) TO SECONI) REAl)lNG (ordinances only) COUNCIl, BI l,I, fl I s'r reading Enactmenl reading ORI)INANCE # RESOI A. JTI ON # REVISED - 05/1012001 CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: January 9, 2004 / To: PRHSPS Council Committee/~ ,]',,,~ From: Jennifer Schro.d~, ~D~r.~ctor,/~//~ Via: David SUBJECT: Parks Co. miZen 2004 Work Plan At the Parks Commissions January 8tn meeting, the commission passed a motion to forward to the Council the following work plan for approval: 1. Armstrong Property: Recommend Master Plan to Council. Recommend to Council preferred alternative(s) for construction phase in 2004 Conduct public process for naming a park 2. Thompson Property: Recommend Master Plan to Council, Recommend to Council preferred alternative(s) for construction phase in 2004 Conduct public process for naming a park 3. Park Impact Fee: Provide recommendation to City Council on whether a park impact fee should be considered 4. Lakota Park: Update master Plan, Conduct public meetings, Recommend to Council preferred master plan 5. Sacajawea Park: Conduct public meeting on improvements to park. Recommend to Council Site Improvement Plan and budget 6. Community Center: Commission will monitor process and participate in the cornmunity process. 7, Play ground: Community Installation of Olympic View play area. Parks CIP includes for 2004, funding for a new play area at Palisades Park. Commission to recommend the placement location and play equipment elements 8. Kenwood Pit Property: Conduct public meeting to gather community input for park development. Input to be incorporated into parks CIP list of projects for future funding 9. Recreation Programs: Review recreation quarterly programs and revenues. Review Kenneth Jones Pool programs and revenues Review pool fee schedules 10. Bike Facility: Review conceptual planning process for location of a bike facility. 11. Downtown Park: Coordinate with Community Development Services to determine/explore the location of and amenities within the park, and identify connections between Steel Lake Park and Celebration Park. 12. Hylebos Boardwalk: Review restoration plans for the boardwalk 13. Hylebos Cabins Park Parking Lot improvements: Review construction plans for the project 14. French Lake Park Conduct public meeting to identify community interest on uses for this park. Parks seems under utilized. 15. Park Acquisitions Review proposals for acquisitions when opportunities are presented. Committee Recommendation: Move to recommend to Council a "do pass" to accept the Parks Commissions 2004 work plan as submitted, and to place this item on councils January 20t~ Council Agenda under consent R~ ~.zOVAL OF COMMITTEE ~ ?~omm tree Chair ~,fl~e'MemlS'e," Comm~tt-.,O~ M,,e~nber MEETING DATE: January 20, 2004 I'i'EM~/ CITY OF FEI)ERAI WAY City Council AGENDA BILL SUBJECT: Dumas Bay Centre, Knutzcn Family Theatre Janitorial Services CA 'i'EG ORY: CONSLN 1 [] ORDINANCE I~I~;SOIRTI'ION [] PUBIAC IIEARIN(S CITY COUNCIi~ BUSINESS [~l OTIIER BUI)GET IM I'ACT: Amounl Budgclcd: $ Expenditure AmL: $ Contingency Req'd: $ A~I"i'A CI I MEN TS: Committcc a cti on form datcd January 6, 2004; Duma s Bay Ccntrc, Knut×en Family Theatre Janitorial Scrviccs SUMMARY/BACKGROUND: On Octobcr 25, 2003 the Dumas Bay Centre and Knutzen Family Theatre issucd a Request for Quotes for Janitorial Services. Two responses wcrc rcccivcd. American ,lanitoria] Scrviccs submiticd to lowest bid. Thcy arc thc currcnt vendor and in good standing. Thc total amount of compcnsation for this contract is $315,000 for a thrcc ycar tcrm. A copy of the Amcrican Janitorial Scrviccs Contract is includcd for your review. CITY COUNCIl, COMMITTEE RECOMMENI)ATION: Motion to recommcnd to Council a "do pass" to authori×c staff to accept thc bid from American Janitorial Services for Janitorial Services al thc Dunuas Bay Ccntrc and Knutzcn Family Theatre and place bcforc Council on January 20, 2004. PROPOSEI) M OTI ON: "1 move approval of the Dumas Bay Centre, Knutzen Family Theatre Janitorial Services as prcscntcd." (BI£LO l,V TO BI£ COMPLETI£D B Y C/TY CLI£R, KS 017FIC10 CO UN CI i, ACTI ON: AI'I'ROVEI) I)ENIEI) TABIAgi)/I)EFERRED/NO ACTION [] MOVED TO SECOND REAl)lNG (ordinancesonlyi COUNCIl, B! IA · # I ST reading Enaclmcnl reading ORDINANCE # RESOIAJTION il ~EVISEI)- 05/10/2001 ])ate: To: From: Via: Subject: 5.E CITY OF Iq~;I)ERAI, WAY PARKS, RECREATI ON AND CUI,TURA! · SERVICES MEMORANDUM January 6, 2004 PRI 1SI'S Coun cii Corn mil ~cc Mary Fabcr, Recreation and Cultural Services Supcriniendcn~ Rob Ettinger~l)u~as Bay Cenh'e Coordinalor l)avid M~t~M anagcr Dumas Bay ~trc, Knutzen Family Theatre J anitoriai Services Background: On October 25, 2003 thc Dumas Bay Ccntrc mad Knut×cn Fmnily Thcatrc issucd a Request For Quotes for Janilorial Services. Bid packcls were sent lo five companies fi'om thc small works rosier. Wc also advertised in thc Fcdcral Way Mirror on October 25, 2003 and Novcmbcr 12, 2003. Wc had two responses lo this Rcqucst for Quotes. American Jmaitorial Scrviccs submitlcd thc lowest bid. They arc thc currcnl vendor and arc in good stm'~ding. Stall'rccommcnds accepting lbo low bid and awarding Amcrican Janitorial Scrviccs thc contract. Thc total mnount of compcnsation for this contract is $315,000 for a thrcc year tcrm. Bid Summary A Rcqucst for Proposals was scn! to thc Following companies and thc rcsulls arc as Follows: ...... Hourly Single TWin Bed Bath Shower Bed Cleanin9 Retreat Linen Cost Towel Room Blanket cost for Room Set Linen Cleanin9 Cleanino Main up - per Per Day Buildin[I room American $20 Per $4.00 ' $3.65 $~ 130 $30.00 ' $2.50 Janitorial Hour Services ........ No ' No No NO No ' No EDS Services Response Rcsponsc Rcsponsc Rcsponsc I',csponsc Rcsponsc Above and No No No No No No Beyond Janilorial Response Rcsponsc I',csponsc Rcsponsc Rcsponsc P, csponsc Services West Coast No No No No No No Janitorial Response Rcsponsc Response Rcsponsc Response P, csponsc No No No No No No PGGI Response Rcsponsc Rcsponsc Response Rcsponsc P, csponsc Gomplete $20per $10.00 $25.00 $10.00 $15.00 $3.00 Cleanin9 ~_er¥ices hour Committee Recommendaliou: Motion to rccommcnd to Council a "do pass" lo aulhorizc slafflo accept thc bid From American Janitorial Services for Janitorial Services at Ibc ])ureas t/ay Centre and Knutzcn Family Thcatrc, and place bcforc Council on January 20, 2004. JANITORIAL MAINTENANCE SERVICES AGREEMENT This Janitorial Maintenance Services Agreement ("Agreement") is dated effective this 1~t day of February, 2004. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and American Janitorial Services, a Washington Corporation. ("Contractor"). A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of performing janitorial services at the Dumas Bay Centre/Knutzen Family Theatre located at 3200 SW Dash Point Road; and services. The Contractor has the requisite skill and experience necessary to provide such NOW, THEREFORE, the Parties agree as follows: 1. Services. 1.1 Services. Contractor shall provide the services more specifiCally described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 1.2 Customer Service. Contractor and all of its employees, agents or representatives shall provide and maintain the highest quality customer service and shall treat all persons at Dumas Bay Centre and Knutzen Family Theatre with courtesy and respect. 1.3 Employee Appearance. All of the Contractor's employees, agents, representative or licensees shall have a neat and clean and sanitary personal appearance and shall wear a uniform which distinguishes them as employees of the Contractor and include a badge with the first name of the employee. 1.4 Employee Background Check. All of the Contractor's employees, agents, representatives or licensees must complete a State Police background check pursuant to RCW 43.43.825 (1) (b) for all personnel assigned to the City. 1.5 Schedule. The City retains the right to submit reductions to cleaning and room set-up schedule seventy two (72) hours in advance of scheduled meeting, event or overnight retreat. Contractor shall honor all reasonable requests to add services for meetings, events and overnight rooms in advance of or during the scheduled use. All cleaning activities that involve any noise must be completed in the facility no later than 12:00 am (midnight). 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue for a period of three (3) years terminating on January 31, 2007 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor custodial charges as outlined in Exhibit "B", attached hereto and incorporated by this reference ("Compensation Schedule") an amount not to exceed Three Hundred Fifteen Thousand Dollars ($315,000.00). 4.2 Method of Pawnent. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Cleaning Deficiencies. i. The city will notify the Contractor of any and all cleaning deficiencies. The Contractor has two (2) hours to correct the deficiency if it affects services necessary for business that day, and up to one working day if the deficiency does not affect business that day or forfeit a portion of the applicable charge. The city may deduct for any and all deficiencies and duties not preformed or corrected pursuant to the contract. ii. The deduction formula will be five percent (5%) of total cost of the specific charge as outlined in Compensation Schedule for that service. The city will provide the Contractor written confirmation of all deficiencies on the last day of the month. 4.4 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. - 2 - 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. 'Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities(including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective - 3 - agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any.disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance.' The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. - 4 - 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverages. Contractor shall provide certificates of insurance as Exhibit "C", concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Bond. Contractor shall obtain a janitorial bond in the amount of not less than Ten Thousand Dollars and NO/100 ($10,000.00) to insure against any theft/misappropriation of money or property during the Term of this Agreement as set forth in Exhibit "C". 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Prevailing Wages. 14.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates which are in effect on the date when the bids, proposals or quotes were required to be submitted to the City. - S - 14.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the 'increased prevailing wage. 14.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: a. Sole owners and their spouses; b. Any partner who owns at least 30% of a partnership; c. The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 14.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Services, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 14.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 15. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 16. General Provisions. 16.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 16.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 16.3 Full Force and Effect. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 16.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 16.5 Successors in Interest. Subject to the foregoing Subsections, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 16.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 16.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 16.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 16.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 16.10 Notices. Any notf6es required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 16.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 7 16.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 16.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 16.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 16.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. DATED the day and year set forth above. CITY OF FEDERAL WAY ATTEST: By: David H. Moseley, City Manager 33530 1st Way South P.O. Box 9718 Federal Way, WA 98063-9718 City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Patricia A. Richardson, City Attorney AMI;~RICAN JANITORIAl, SF, RVICI;,S INC. By: Robcrt J. Fritz Ils: (Title) '(AddreSs) (Phone) STATE OF WASIIINGTON ) ) SS. COUNTY OF . ) On this day personally appeared bcforc mc .... to mc known to be thc of that executed thc ?oreg oi ggYn tru a;nt and aCkno~,ied~d-thc said instrument to be the frcc and voluntary act and dccd of said corporation, for thc uscs and purposcs thcrcin mcntioncd, and on oath statcd that hc/shc was authorizcd to cxccutc said instrumcnt and lhal thc scal affixcd, if any, is thc corporalc scm of said corporation. GIVEN my hand and official seal this day of_ _ ,200_. (typcd/printcd namc of notary) Notary Public in and for thc State of Washington. My commission expires G:kl,awFormsklanitorialMainlcnanccScrviccsAgrccmcn! 102802 JANITORIAL STANDARDS - DUMAS BAY CENTRE/KNUTZEN FAMILY THEATRE Exhibit "A" - Scope of Services AREA STANDARD FREQUENCY FRONT ENTRANCE Carpet Vacuumed; no spots~ edges dean and dusted weekly windows/door glass clean; fingeq;)dnts and marks removed weekly lights Clean and frae of dust~ bugs removed weekly furniture Clean and free of dust weekly radiators Clean and free of dust weekly entrance mat Clean~ sDota and marks removed weekly trash cans empty/wipe down weekly MEN'S/WOMEN'S BATHROOM - 4 TOTAL RESTROOMS ·ash empty/wipe down Daily counters wipe/disinfect Daily sinks senitized~ fixtures polished Daily loilets baser stool~ eeat~ tank sanitized Daily doom doom clean and free of marks Daily glass/mirmm glass clean; tingeq~ints and marts removed Daily ~oors sanitized; manV, s and scuffs removed Daily ,vails spot cleaned Daily soap dispensers refilled as needed toilet paper dispenser refilled as needed !toweis dispenser refilled as needed RECEPTION AREA counters clean and flee of dust ~veekly imagazine reck clean and free of dust and bugs ~eekly water fountain sanitized~ stainless steel polished weekly trash cans empty/wipe down weekly windows glass clean; flngerodnts and manV, s removed weekly carpet vacuum~ no spots~ edges clean and dusted weekly HALLWAYS caq3et ~acuum; no spotsr edges clean and dusted weekly glass ~ean; free of fingerprints and marks removed weekly ledges/radiators ~Jean~ free of dust monthly light fixtures Clean and free of dust~ bugs removed monthly or as needed CONFERENCE ROOM~ ~ND MEETING ROOMS-6 tables clean; disinfected weekly or as requested per Coordinator chairs dust/stra ghten weekly or as requested per Coordinator car~et vacuumed~ no spotst edges clean and dusted weekly or as requested per Coordinator ledges ctaan~ free of dust weekly or as requested per Coordinator radiators clean; free of dust weekly or as requested per Coordinator lights Clean and free of dust; bugs removed weekly or as requested per Coordinator trash empty/wipe down weekly or as requested per Coordinator recycle bins empty/wipe down w~,ekly or as requested per Coordinator wal!s spot dean weekly or as requested per Coordinator glass spot clean weekly or as requested per Coordinator fans . dust/clean bi-annually VENDING AREA machines clean; flee of dust weekly floors sanitized; manV, s and scuffs removed weekly countem clean{ flee of dust weekly OVERNIGHT ROOMS The following will be completed as SaUce (non-checkout) requested by the Retreat Coordinator. bed linens straighten bed linens counters, dreasem, tables, window silts~ radiator's dust and clean ~h empty ca~e~ vacuum ba~hmene~ clean/disinfect all bathroom fixturas~ toilets~ sinks bath linens change all bath linens The following will be completed as SERVICE (CHECK OUTS) requested by the Retreat Coordinator. bed liner= change bed linens countere, dressers, window sills~ radiators dust and dean ~ empty ca,et vacuum m~ooms clean/disinfect all bathroom §xtures~ toileta~ sinks ~ah ~lnen~ change all bath linens ~mx replace/retill Ioaet paper replace/refill maI) replace/refill The following will be completed daily dudng all overnight retreats SHOWERS~ BATHS~ AND TOILET FACILITIES IN BOTH WINGS~ FIRST AND SECOND FLOOR CLEANING BEFORE EACH RENTAL 9-clean, disinfect and run water in all shower stalls ~ ~ for minimum of 1 minute 8-clean. disinfect and run water in all bath tubs for bath~b~ minimum of 1 minute t~hmom~ 5-base~ stool~ eeat~ tank sanitized &w~s an~ ext~es sanitized; fixtures potished m~ clean~ fingeq)rints removed; no streaks ae aoom senifized~ marks and scuffs removed RECREATION CLASS AREA STAIRS Handrail dean and free of dust bi-weekly ~,aks vacuum b -week ¥ ENTIRE BASEMENT AREA floom sanitized; marks and scuffs removed bi-weekly ta~,es/ce~me~ top~ clean; flee of dust and debds bi-weekly sink sanitize(II polished bi-weekly wire, ow ~ll~ cJean; ~sa of dust bi-weekly ~ empty~wipo dow~ bi-weekly BATHROOM tras~ empty/wipe down Daily coumers wipeJdisinfect Daily ~ sanitizedi fixtures Polished Daily ,. ~oilets base~ stool~ seat~ tank sanitized Daily ~ doors clean and free of mad~s Daily lass/mk~o.s glass clean; fingerpdnts and marks removed Daily ~oors sanitized; marks and scuffs removed Daily wa~s spot cleaned Daily map dispensers refilled as needed ~oilet paper dis~enser refilled as needed towels dispenser refilled as needed THEATRE ~ Vacuumed, no ~pols, edges cManed and dusted AS m~uested Seals- backs aed am'ts Clsan and f/ee M dust, lln~er~in~ aed mattes removed AS requested ,.lgh~ (Wall ~o~es)~ean L~ ~e ~f dust ~s requested Nails Clean and ~e o~ dust ~s requested STAGE =loot ~p ~ da~ mop ~s ~uest~d THEATRE LOBBY Can~ Vacuumed, no ~. edges cleaned and d us~.d~!'~'s requested Cu~ed wall Clsan and frae of dust As requested ~ ~*/speakers ~lean and frae ddust As requested LOBBY LOUNGE C..a~pet VmpJumed, no Ipots, edges cManed and dusted As requested R'EH EA~ ,SAJ. SPACECarpet Vacu~ned, no ~x)ts, ed,s cManed and dusted AS feq[/ested Fk)or ;Sweep, m and scuffs removed AS re(luested Win~vstDoom IClean ~lans, ~ and ma/~ mme~d As m:luested Mi~O~S ~ean ~llm, fm~em and marks mmo~-d AS ~:luested STAGE OFFICE Floor Sanitized, mar~ and ~uffs removed AS requested HOLDING AREA Floor Sa~lzed, ~ alxl ~uffs removed AS m~uested ORESSING ROOMS (2) Floo~ SanStzed, rnad~ a~l ~Adt's removed AS ~uested Soap dispenser Ref, lt~ As needed HALLWAYS Floo~ Sa~ttzed. marks and ~:uffs mmo~J AS mcluested BATHROOM (Bant~age) Trash ca~ Erupt, w~ down Da~/ ~ W~, disW,~c* O~i~ Sink San~. fixtures polished Dail~ Toilet Ba~e, ~ool. ~ea~ tank ~'.anlflzed Oiily Door Doom c~an aed f~e M mad~ O ail'/ Glsss/mim~ Clean glad, I~er~tnts and marks mmo~KI Dail~ FIoo~ Sanitized, madm and ~ removed Dali), Soap d~er Rel~ed A.S needed ?oaet ~ dis~r,~r Refilled AS needed STAFF AREA Ca.et Vactmmed, no apots, edges cteaned and dua~d AS requested BOX OFFICE Car~ Vaodumed, no ~no~, ed~e~ cteaned and duped Courtiers Clean and fmc o~ dust Dai~ and other duties as requested on a per hour basis Contractor agrees to provide all linons~ towels for ovamight room setup. Retreat rooms dBBned monthly to include: Deep cleaning. Clean toilets and sinks to prevent mst buildup, and remove dirt and dusL Dust ledges and other horizontal EXHIBIT "B" Compensation Schedule OVERNIGHT ROOM SERVICES A. Room cleaning: $4.00 per single person occupancy $6.00 per double person occupancy Cleaning of showers, baths and toilet facilities for retreat services = $30.00 per day of service. Co Minimum linen order is linen for ten people. Provide bed and bath linens: 1. Twin bed/single occupancy - $3.65 lflat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, 1 face towel (12x12), 1 hand towel (15x25), 1 bath towel (22x48). 2. Twin bed/double occupancy - $7.30 2 flat sheet, 2 fitted sheet, 4 pillow covers, 2 mattress pads, 2 face towels (12x12), 2 hand towels (15x25), 2 bath towels (22x48) 3. Double bed/single occupancy - $4.35 1 flat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, 1 face towel (12x12), 1 hand towel (15x25), 1 bath towel (22x48). 4. Double bed/double occupancy - $5.10 1 flat sheet, 1 fitted sheet, 4 pillow covers, 1 mattress pad, 2 face towels (12x12), 2 hand towels (15x25), 2 bath towels (22x48). Maximum linen order is for linens for 90 people. D. Bed blanket cleaning, (if machine washable): $2.50 per blanket GENERAL CUSTODIAL SERVICES A. Daily/weekly custodial services - $20.00 per hour. Services to be performed per Exhibit "A". Additional services may be contracted at $20.00 per hour. B. Floor scrubbing, stripping and waxing - $30.00 per hour with a minimum of 4 hours. - 13. - _A.C_ ORD. CERTI FICATE?OF!I. IABI 1102 B~onmon W.~ No~h P. O. Box 996 i~entonWA 9805?-0?95 Phone: 425-255-2496 Fax:425-255-8694 ~URi~ Att~:Go5 COVERAQES LITY INSURANC .9 .. . .Oallolo3 TH~ GERTIFICATE I~ I&$U~D AS A MAT~I~R OF INFORMATION o~.y,vm CO~E~ NO mem'8 ~ 'r~ cr~nF~CATE · HOLDEI~ THI~ C~R't'IFICATE DOEI NOT AMEND, EXTEND OR ALTER TtlE COVERAX~E AFFO4tOED BY INSURER~ ~J:FOR¢II~ COVERAOE INSURER C: INSURER D; INSURER £: THE POI. ICIEr: Of: INSURANC~ US'lED BELC~ HAV~ B~EN 18~UED'TO THE INSURED NN~ED ABOVE FOR THE POI_ICY PI[RIOO INOICATED. NOTWr~TANOiN~ ANY REQUIREMENT, TERM OR CONOI71ON OF N~f ~T OR OTHER DOCUMENT W/TH RESP~b'"'I' TO ~ ~ C~RTIFICATE MAY BE ISSUED OR MAY PERTNN, THE INSURANCE AFFORDED BY THE POUC~$ DE'~Z:~II~D HEREIN IS SUBJECT TO ALL THE TI~RM~, EXCLIJ,~Ofl~ AJ~ OOflDITIONS Q~ SUCH POLICIES. A(~IREGATE LMT8 SHOWN I#~Y HAW ~EN REDUCED BY PND Cl~, ~L~_~v~ Lmmur~ ................ ~c.~ occuRm~uc~ $ [ ~ 000 ~ 000 GENERAL AGGREOATE $ 2 ~ 000 ~, 000 O~N'L AGGREGATE LIMIT A~LIE8 I~R,. I~RO~JCI'~- COMP/OP AOG $ 2 &UTOMO~IL~ UAB~LITY .... COMBINED SINGL~ UMtT A~Y AUTO (Ee ~W~en~ ALL OWNED AUTO~ BODILY INJURY --" ~CHEDULED ~UTOS . .7 (Per pemo~] H R..O AUT~ G~ L~ S~ 9ODILY INJURY NONOWNED AUTOS (~r acckl~ $ ..... PROgERTY DAMAOE ~ARA(~ LLe.~LITY AUTD ONLY. EA ACCIDENT $ ,?,,tANY AUTO OTHER I%IAN EA ACC AL/TO ONLY; AG(; EXCE~ ~Y EACH OCCURRENC~ $ E L EAC;H ACCIDENT E.L, OISF. A~E . EA EMPLOYEE $ E.L Ola¢.AeE - POLICY LIMIt OTHI~ ~LOTI~ 693282,1,0 04/26/02 04/26/03 ~O~D $10,000 Ce=~:~£io&~e ~oldez ie &n Xz~L~.tione~. Znlu=ed ~L~=h zeIpeot~ to th~m Lim. bil/ty aovazmgem ot~l.y C£~ o£ rede=a~ ~y 33530 ~l~ W&y 9ouCh F®de~a..1 W&~ WA 98003 CI~FED NOTICli TO THE ~IERTH~AT~ 190~R NAM~O TO ~ LE?t'. ~UT RAH. URc TO DO SO SHALL IMPO~ ~ O~TtON ~ LIABIt. ITy O~ ANY KIND UPON TH[" INCUR;R, ITS AQENT~, ~ REI'~E6ENTATIVE~, A~ REP~E~ATIVE ~uth H-hbo=d, C, ISR Washington State Prevailing Wage Rates for Public Works Contracts The PREVAILING WAGES listed hem include both the hourly wage rate and the houdy rate of fringe benefits. On public .wprks projects, workers' wage and benefit rates must add to not less lhan this total. A brief description of overtime calculation requirements is provided by dicldng-~ the ben~fit code. Exhibit "D" BUILDING SERVICE EMPLOYEES ~oo~/oO4 Page I of 4 Effective 8131/2003 Benefd Code Key Prevailing Overtime 'Holiday Classification Wage Code Code Counties Covered: ADAMS, FERRY AND LINCOLN JANITOR $7.82 1 SHAMPOOER $7.98 1 WAXER $7.98 1_ WINDOW CLEANER $10.96 1_ Counties Covered: ASOTIN, COLUMBIA, ISLAND, SAN JUAN, SKAMANiA AND WAHKIAKUM JANITOR $7.01 1 SHAMPOOER $7.01 1_ WAXER $7.01 1 WINDOW CLEANER $7.01 1_ Counties Covered: BENTON JANITOR $7.74 1_ SHAMPOOER ...... $11.14 1 WAXER $8.39 1 WINDOW CLEANER $8.67 I Counties Covered: CHELAN JANITOR $7,29 1__ SHAMPOOER $11.14 1_ WAXER $8.14 1 WINDOW CLEANER $9.14 1_ Counties Covered: CLALLAM http://www.lni.wa.gov/prevailingwagc/jwages/20032/1-tUIL.htm Note Code 11/05/2003 11/05/2003:11:32 FAX 2536614075 City of,:~e~e,~a.1 :~?:BUILDING SERVICE r 'PLOYEES - Effective: 8/3 lf2003 · JANITOR ' $8.47 sHAMPOOER .... $8.97 WAXER $8.97 WINDOW CLEANER $13.22 Counties Covered: CLARK JANITOR $10.61 SHAMPOOER $12.55 WAXER $12.55 WINDOW CLEANER $16.49 Counties Covered: COWLITZ JANITOR $10.04 SHAMPOOER $12.55 WAXER $12.55 WINDOW CLEANER $15.89 Counties Covered: DOUGLAS JANITOR $7.29 SHAMPOOER $11.14 WAXER $8.39 WINDOW CLEANER $9.14 Counties Covered: FRANKLIN AND KI'FrlTAS JANITOR $7.29 SHAMPOOER $11.14 WAXER $8.39 WINDOW CLEANER $9.14 Counties Covered: GARFIELD AND WHITMAN JANITOR $7.24 SHAMPOOER $11.14 WAXER $8.14 WINDOW CLEAN ER $8.14 Counties Covered: GRANT JANITOR $7.24 SHAMPOOER $11.14 WAXER $8.89 WINDOW CLEANER $9.14 Counties Covered: GRAYS HARBOR JANITOR $7.25 SHAMPOOER $11.25 WAXER $8.97 http://www.lni.wa.gov/prevailingwage/jwagcs/20032/BUII~.htm i ! ! i ! ! ! 1 ! ! ! ! ! ~ 002/00'4 Page 2 of 4 11/05/2003 11/05/2003 11:33 FAX 253661407.5.~;' j,j<~,~C~.:.j:;~ !CITY Of Federal Way BUILDING SERVICE ~LO~Effeetive: 8/31/2003 WINDOW CLF__ANER .-'._ '-'." · $13.22 JANITOR SHAMPOOER WAXER WINDOW CLEANER 1 ~ Counties Covered: JEFFERSON,'KITSAP, LEWIS, MASON AND PACIFIC $8.47 1_ $8.97 1_ $8.97 1 $13.22 1_ Counties Covered: KING JANITOR TRAVELING WAXER/SHAMPOOER WIN DOW CLEANER (NON-SCAFFOLD) WINDOW CLEANER (SCAFFOLD) JANITOR SHAMPOOER WAXER WINDOW CLEANER JANITOR SHAMPOOER WAXER WINDOW CLEANER JANITOR SHAMPOOER WAXER WINDOW CLEANER JANITOR SHAMPOOER WAXER WINDOW CLEANER JANITOR SHAMPOOER WAXER WINDOW CLEANER $14.04 2~F $14.53 2_EF $18.76 2F $19.65 2_F: Counties Covered: KLICKITAT AND SKAGIT $10.00 1 $7.01 1 $7.01 1_ $7.01 I Counties Covered: OKANOGAN Counties Covered: PEND OREILLE Counties Covered: PIERCE Counties Covered: SNOHOMISH $7.24 1_ $10.00 1 $8.14 1 $9.14 _1 $7.01 1 $8.50 1_ $7.01 1 $9.00 1- $9.37 1_ $10.o8 1- $10.08 1__ $13.22 1_ $8.73 $9.23 $9.23 $13.48 Counties Covered: SPOKANE ht'tp://www.lni.wa.gov/prcvailingwage/j wages/20032/BUIL.htm 1 1 ~ ?a~c3'o£4 5S 5_~S 5S 11/05/2003 11/.0_5/~003~,;11:33 FAI 253SS14075 CltY ~' BUILD~O S~RVICE F ~LOY~ES - Effective: 8~'i~3~?~: '~ ~ S~POOER . $10.73 W~ER $10.73 ~NDOW CL~NER $12.32 COunties ~ver~: ST~ENS JANITOR $7.82 S~MPOOER $8.50 W~ER $7.98 ~NDOW CL~NER $10.96 Counties Cover~: THURSTON JANITOR $8.47 SHAMPOOER $10.32 W~ER $8.97 ~NDOW CL~NER $10.~ Counties Covered: WAL~ WAL~ JANITOR $7.14 S~POOER $11.14 W~ER -$8.14 ~NDOW CL~NER $9.14 Counti~ Cover~: ~ATCOM JANITOR $7.01 SHAMPOOER $7.01 W~ER $7.01 ~NDOW CL~NER $8.50 Counties Cover~: YAKI~ JANITOR $7.14 SHAMPOOER $11.14 W~ER $8.39 ~NDOW CL~NER $9.14 1_ 1_ 1 1 1 1- ! 1 ! 1 ! ! 5Q ,5.Q 5Q 5q ~]004/004 PaRc 4 of'4 http:llwww.lni.wa.gov/prevailingwage/jwages/20032/BUIL.htm 11/05/2003 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 14th Avenue S and S 312th Street Traffic Signal and Intersection Improvement Project CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memorandum to the Land use and Transportation Committee dated January 12, 2004 SUMMARY/BACKGROUND: Five bids were received and opened on December 18, 2003 at I0:10 a.m. for the 14th Avenue S and S 312th Street Traffic Signal and Intersection Improvement project (See bid data below). The apparent lowest responsive, responsible bidder is Signal Electric with a total bid of $136,197.30. The low bid received was $56.20 below the engineer's estimate. This appears to be a favorable and competitive time to bid "signal" type of public works projects since five bids were received. Although the five bids received were competitive and within the range of the engineer's estimate , the project is $19,924.77 over budget. However, as outlined in the November 17, 2003 LUTC memo there are funds available in the completed 8th Avenue South and South 312th Street Signal Project. Staff has worked with Signal Electric on several signal and lighting projects. City staff indicates that the contractor is qualified to complete the work detailed in the RFB. As a result, City staff believes Signal Electric can successfully execute the requirements of this contract to the City's satisfaction. Therefore the lowest responsive, responsible bidder is Signal Electric in the amount of $136,197.30. CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 12, 2004 meeting, the Land Use and Transportation Committee made the following recommendations: 1. Award the 14t~ Avenue S and S 312th Street Traffic Signal and Intersection Improvement Project to Signal Electric, the lowest responsive, responsible bidder in the amount of $136,197.30 and approve a 10% construction contingency of $13,619.73 for a total of $149,817.03. 2. Authorize transferring $19,924.77 from the 8th Avenue South and South 312th Street Project into the 14th Avenue South and South 312th Street Project. 3. Authorize the City Manager to execute the contract. PROPOSED MOTION: Motion to award the 14th Avenue S and S 312th Street Traffic Signal and Intersection Improvement Project to Signal Electric, the lowest responsive, responsible bidder in the amount of $136,197.30 and approve a 10% construction contingency of $13,619.73 for a total of $149,817.03. Further motion to authorize the transfer of $19,924.77 from the 8th Avenue South and South 312th Street Project into the 14th Avenue South and South 312th Street Project and authorize the City Manager to execute the contract. CITY MANAGER APPROVAL: iE ~ED (BELOW TO BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REV IS ED - 05/10/2001 Federal Way DATE: TO: FROM: VIA: SUBJECT: December 31, 2003 Cheil, Land Use and lransportation Committee Ken Hiller, P.E., Deputy Director Public Works 14TM Avenue S and S 312th Street Traffic Signal and Intersection Improvement Project BACKGROUND: Five bids were received and opened on December 18, 2003 at 10:10 a.m. for the 14m Avenue S and S 312TM Street Traffic Signal and Intersection Improvement project (See bid data below). The apparent lowest responsive, responsible bidder is Signal Electric with a total bid of $136,197.30. The Iow bid received was $56.20 below the engineer's estimate. This appears to be a favorable and competitive time to bid "signal" type of public works projects since five bids were received. The bids were as follows: Totem Electric Potelco, Inc. TransTech Electric M.T. Electric Signal Electric, Inc. Final Engineers Estimate $151,500.00 $142,905.45 $142,430.19 $137,105.45 $136,197.30 $136,253.50 The following table shows the estimated costs for design, and construction of the new traffic signal' Design King County Signal Review Construction Estimate 10% Construction Contingency Sub Total Printing Plans & Specifications Advertising TOTAL $30,920.77 $30,920.77 $2,000.00 $2,000.00 $136,253.50 $136,197.30 $13,625.00 $13,619.73 $182,799.27 $182,737.80 $800.00 $800.00 $1,200.00 $1,200.00 $184,799.27 $184,737.80 Available Bud[let $164,813.00 $164~813. O0 Although the five bids received were competitive and within the range of the engineer's estimate, the project is $19,924.77 over budget. However, as outlined in the November 17, 2003 LUTC memo there are funds available in the completed 8~h Avenue South and South 312TM Street Signal Project. Staff has worked with Signal Electric on several signal and lighting projects. City staff indicates that the contractor is qualified to complete the work detailed in the RFB. As a result, City staff believes Signal Electric can successfully execute the requirements of this contract to tt~e City's satisfaction. Therefore the lowest responsive, responsible bidder is Signal Electric in the amount of $~36,197.30. RECOMMENDATION: Staff recommends placing the following items on the ~, 2004 Council consent agenda for approval: 1. Award the 14th Avenue S and S 312th Street Traffic Signal and Intersection Improvement Project to Signal Electric, the lowest responsive, responsible bidder in the amount of $136,197.30 and approve a 10% construction contingency of $13,619.73 for a total of $149,817.03. 2. Authorize transferring $19,924.77 from the 8th Avenue South and South 312t~ Street Project into the 14m Avenue South and South 312m Street Project. 3. Authorize the City Manager to execute the contract. KM:kk cc: Project File Central File k:\lutc\2004\01-12-04 14th 8~ 312th bid award.dot MEETING DATE: January 20, 2004 ITEM// CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 51~t Avenue SW Storm Mainline Replacement (Crestview Shoreclub) Bid Award. CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated January 12, 2003, the Bid Tabulation Summary, and the Engineer's Estimate. SUMMARY/BACKGROUND: Council authorized the City to bid this project on October 2 I, 2003. Eleven bids were opened on December 9, 2003. Of those 11 bids, R.L. Alia Company is the apparent lowest responsive, responsible bidder with a bid of $48,546.56. City staffhave conducted background checks and determined that R.L. Alia meets the criteria to be considered responsible. CITY COUNCIL COMMITTEE RECOMMENDATIOI~h At its January 12, 2003 Land Use and Transportation Committee meeting, the committee made the following recommendations: 1. Award the 51st Avenue SW Storm Mainline Replacement Project to R.L. Alia Company, the lowest responsive, responsible bidder in the amount of $48,546.56; 2. Authorize the City Manager to execute the contract. PROPOSED MOTION: Motion to award the 51st Avenue SW Storm Mainline Replacement Project to R.L. Alia Company, the lowest responsive, responsible bidder in the amount of $48,546.56 and authorize the City Manager to execute the contract. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [--] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # CITY OF ~ Federal Way DATE: TO: FROM: VIA: SUB3ECT: January 12, 2004 Chair, Land Use and Transportation Committee Paul A. Bucich, SWM Manager ~ i, ALZ~ .... David H. M~anager 51~t Avenue SW Storm Mainline Replacement (Crestview Shoredub) Bid Award BACKGROUND: Council gave authorization to bid this project on October 21, 2003. Eleven bids were received and opened on December 9, 2003 at 3:10 p.m. for the 51st Avenue' SW Storm Mainline Replacement Project (Crestview Shoreclub); please see attached Bid Tabulation Summary and Engineer's Estimate. The apparent lowest responsive, responsible bidder is R.L Alia Company with a total bid of $48,546.56. Reference checks on R.L. Alia company by City staff indicates that the contractor has performed similar work. As a result, City staff believe R.L. Alia Company can successfully complete this project to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is R.L. Alia Company in the amount of $48,546.56. PRO3ECT FUNDING: PRO3ECT EXP£ND~TURES Design Apparent Low Bid Construction Management 10% Construction Contingency TOTAL PROJECT COST $24,500.00 $48,546.56 In House $4,854.66 $77~901.22 The project will be funded by the 2003/2004 SWH Small Works CIP Budget, 304-3100-111-596-42-*** as follows: EXPENDITURE 2003 BUDGET 2004 BUDGET BUDGET STATUS Design $24,500.00 Construction $24,273.28 Construction Contingency $24,273.28 $4,854.66 Budget Expended 2003 & 2004 Small Works CIP Budget (2003 budget carry over to 2004) 2004 Budget January12, 2004 LUTCmemo - 513 Avenue SWStormMainline Replacement Project Page 2 RECOMMENDATION: ~-,-~,~ :~/ Staff requests that the Committee place the following project recommendations on the~, 2004 City Council consent agenda: · Award the 51st Avenue SW Storm Mainline Replacement Project to R.L. Alia Company, the lowest responsive, responsible bidder in the amount of $48,546.56; · Authorize the City Manager to execute the contract. PB:kk cc: Project File Central File 00000000000000000~ ooooooooooooooo~ ooooooooooooooo~ ooooooooooooooo 0 0 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: LAKOTA WETLAND REGIONAL POND IMPROVEMENTS PROJECT-- 85% DESIGN APPROVAL CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated January 12, 2003. SUMMARY/BACKGROUND: This project consists of increasing the stormwater storage of the Lakota Wetland by constructing a 1,300 foot-long continuous berm on the north side of the wetland, at south edge of Lakota Park, and adjacent to the pond and also installing a new outlet control structure. The King County Conservation Futures Grant of $194,000 has been secured for purchasing the two privately owned parcels that will be affected by the project. The grant requires a one to one match from City funds towards the purchase of the properties. Surface Water Management is working on appraising the two parcels. A first appraisal has been received but due to the significantly lower value from the assessed value, a second independent appraisal is being pursued. For budget purposes, a value of $265,000 was used as the estimated value of the parcels. The Land Use and Transportation Committee approved the 50% design stage on October 20, 2003 and 85% design stage on January 12, 2004. Property appraisal, property acquisition, and completing the 100% project design are the only remaining ongoing tasks. The total estimated project cost is $709,770 while total available funding is $962,000. CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 12, 2003 meeting, the Land Use and Transportation Committee made the following recommendations: 1. Authorize Surface Water Management staff to proceed with design of the Lakota Wetland Regional Pond Improvements Project and return to the Land Use & Transportation Committee at the 100% design completion stage for authorization to bid. 2. Authorize Surface Water Management to negotiate for acquisition of the adjoining parcels and return to Council for authorization to execute a purchase and sale agreement. PROPOSED MOTION: Motion to authorize staff to proceed with design of this project and return to the Land Use and Transportation Committee at the 100% design completion stage for authorization to bid. Further authorize Surface Water Management to negotiate for acquisition of the adjoining parcels and return to Council for authorization to execute a .PU!?!~.~?-r~.~..~a~!~..~.~.~?er~: ~.__.. CITY MANAGER APPROVAL: //~/)~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordina. ces only) COUNCIL BILL # 1sx reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF ~ Federal Way DATE: TO: FROM: VI'A: SUB3ECT: January :~2, 2004 Chair, Land Use and Transportation Committee Paul A. Bucich, P.E., SWM Manager~ David H. ~anager Lakota Wetland Regional Pond Improvements Project - 85% Design Approval BACKGROUND: This project consists of increasing the stormwater storage of the Lakota Wetland by constructing a continuous berm adjacent to the pond and installing,a new outlet control structure. The berm will be located on the north side of the wetland and on the south edge of Lakota Park. It will measure approximately 1,300 feet long, six feet wide and three feet high. The King County Conservation Futures Grant of $194,000 has been secured for purchasing the two privately owned parcels that will be affected by the project. The grant requires a one to one match from City funds towards the purchase of the properties. SurfaCe Water Management is working on appraising the two parcels. A first, appraisal has been received but due to the significantly lower value from the assessed value, a second independent appraisal is being pursued. For budget purposes, a value of $265,000 was used as the estimated value of the parcels. Land Use and Transportation Committee approved the 50% design stage on October 20, 2003. Currently, the project design is approximately 85% complete. The following provides a brief synopsis of the progress to date: · ' Survey and Base Drawing Development · Hydrological and Hydraulic Analysis · Geotechnical Analysis · Wetland Impact Analysis and SEPA Submittal · Environmental Site Assessment · Project Design Engineering and PS&E to 85% · SEPA and Project Permitting Ongoing Tasks include: · Property Appraisal and Acquisition · Project Design to 100% PRO3ECT FUNDTNG: Design Year 2004 Construction (Estimate) 10% Construction Contingency 10% Construction Management Environmental Site Assessment Appraisal (Estimate) Acquisition (Budgeted) TOTAL PRO3ECT COSTS $116,039 $260,859 $26,086 $26,086 $4,10o $11,600 $265,000 $709,770 AVA]:LABLE FUNDING: King County Conservation Future Grant SWM Utility Fund TOTAL AVAILABLE BUDGET $194,000 $768,000 $962,000 RECOMMENDATION: Staff requests that the Committee place the following project recommendations on the ~ 2004 City Council Consent Agenda: · Authorize Surface Water Management staff to proceed with design of the Lakota Wetland Regional Pond Improvements Project and return to the Land Use & Transportation Committee at the 100% design completion stage for authorization to bid. · Authorize Surface Water Management to negotiate for acquisition of the adjoining parcels and return to Council for authorization to execute a purchase and sale agreement. APPROVAL'OF COMMITI'EE REPORT: ','.' . .,: :. Member PAB:kk cc: Project File Central File MEETING DATE: January 20, 2004 ITEM// ~~, ~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: EAST BRANCH LAKOTA CREEK RESTORATION - 30% DESIGN STATUS REPORT CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated January 12, 2003. SUMMARY/BACKGROUND: This project will restore approximately 2,625 lineal feet of the East Branch of Lakota Creek and a right bank tributary (North Tributary) which is approximately 500 feet in length. Improvements would include elimination of several fish passage impediments, removal of unnecessary structures and debris, stabilization of stream banks and added fish habitats. Channel erosion and sediment input will be reduced by tight lining stormwater flows from the upper end of the North Tributary to the east branch. The project is currently 30% complete with a total estimated project cost of $864,470. Total available funding for this project is $1,480,597. CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 12, 2003 meeting, the Land Use and Transportation Committee made the following recommendations: Authorize Surface Water Management staff to proceed with design of the East Branch Lakota Creek Restoration Project and return to the Land Use and Transportation Committee at the 85% design completion stage for further reports and authorization. Authorize Surface Water Management staff to negotiate easements with property owners along the stream corridor and North Tributary of the East Branch of Lakota Creek then return to Council for authorization to execute the easements. PROPOSED MOTION: Motion to authorize staff to proceed with design of this project and return to the Land Use and Transportation Committee at the 85% design completion stage for further reports and authorization. Motion to authorize staff to negotiate easements with property owners along the stream corridor and North Tributary and return to Council for authorization to execute the easements. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF ~ Federal Way DATE: January 12, 2004 TO: FROM: VIA: SUBJECT: Chair, Land Use and Transportation Committee Paul A. Bucich, P.E., Surface Water Manager ..[/~~"- ~ ' David H. M~anager East Branch Lakota Creek Restoration - 30% Design Status Report BACKGROUND This project restores approximately 2,625 lineal feet of the East Branch Lakota Creek from the mouth of the creek upstream to SR 509 at Lakota Park, the upstream limit. Also included is an approximately 500-foot long right bank tributary that is unnamed tributary, but hereafter referred to as the North Tributary. Several fish passage impediments will be eliminated, unnecessary structures removed (non-functioning culverts, a metal tank, abandoned motorcycle and car parts), selected stream banks stabilized, and fish habitat structures added. In addition, stormwater flows will be tight lined from the upper end of the North Tributary to the East Branch to reduce channel erosion in the North Tributary and reduce sediment input to the East Branch. Currently, the project design is approximately 30% complete, which includes the following completed tasks: · The Topographical Survey and Mapping · Hydrological and Hydraulic Analysis · Stream Geomorphology Assessment · - Fish Use, Passage, and. Habitat Assessment · Preliminary Wetland Analysis · Draft SEPA, ]ARPA, and Biologi~l Evaluation · Phase 1 of the Project Design (Preliminary Project Design to 30% Level) Ongoing tasks include: · Negotiation the Scope and Cost of the Phase 2 of the Project Design (Final Project Design) · SEPA, ]ARPA and Biological Evaluation Determination and Project Permitting · Easements Negotiation and Acquisition · Project Design to 85% Level PROJECT ESTIMATED EXPENDITURES: Preliminary Design Final Design (Estimate) Year 2004 Construction (Estimate) 30% Construction Contingency 10% Construction Management TOTAL PRO]ECT COSTS $162,518 $49,947 $465,718 $139,715 $46,572 $864~470 AVAILABLE FUNDING: TOTAL AVAILABLE BUDGET $1~480f597 RECOM f4 EN DATION: Staff recommends placing the following item on the F-~, 2004 Council Consent Agenda for approval: Authorize Surface Water Management staff to proceed with design of the East Branch Lakota Creek Restoration Project and return to the LUTC Committee at the 85% design completion stage for further reports and authorization. Authorize Surface Water Management staff to negotiate easements with property owners along the stream corridor and North Tributary of the East Branch of Lakota Creek then return to Coundl for authorization to execute the easements. COMMT[TEE REPORT: ,,~ PB:kk cc: Project Rle Central Rle CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Memorandum of Agreement for Marine Shoreline Inventory CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated January 12, 2004, Draft Memorandum of Agreement between the City of Federal Way and the City of Seattle, and Attachment A, Attachment 1 and Attachment 2 to the Draft Agreement. SUMMARY/BACKGROUND: The City of Federal Way is a partner in the Green/Duwamish and Central Puget Sound Watersheds (WRIA 9) Forum. The mission of the Forum is to develop a salmon habitat plan that will guide local jurisdictions in protecting and restoring salmon habitat within the watershed. The watershed includes the northern part of the City of Federal Way. Currently no comprehensive mapping of the marine shoreline that identifies various marine shoreline features such as elevation, substrate, vegetation, marine water energy, sediment transport, and anthropogenic structures exists. In October, the City Council approved a maximum of $6,000 from the Surface Water Management budget to acquire bathymetry mapping of the marine shoreline. Bathymetry provides land elevations under water to a depth of 30 feet. The mapping is currently underway. The Watershed Forum is working to fill these data gaps to ensure the most accurate information is used in assembling the salmon habitat plan. In addition, such data will assist local jurisdictions, including Federal Way, in meeting recently updated requirements of the Shoreline Master Program. Such mapping efforts will provide a basic inventory of the shoreline upon which the City can update its land use planning efforts for the marine shoreline. Updates to the City of Federal Way's Shoreline Master Program are required by 2009. One specific mapping effort being addressed by the Watershed Forum is to map shoreline characteristics to better understand salmon habitat in the marine environment. Habitat characteristics include substrate, vegetation, woody debris, marshes, freshwater inputs, and human-made structures. This information will be combined with existing shoreline information to establish an inventory of current conditions of the marine shoreline. The marine shoreline inventory is being coordinated by the City of Seattle. The final product of the inventory will be geographic information system data layers and a final report. The electronic habitat layers will be available for all jurisdictions in the watershed for use in salmon habitat planning as well as shoreline master planning and other comprehensive planning efforts. The expected completion date is February 26, 2004. Attached is a scope of work (Attachment A) for the mapping effort that outlines the specific mapping activities and work products. The King Conservation District has granted funds to the City of Seattle to conduct mapping within King County. Since the City of Federal Way is not a member of the district, the City is being asked to contribute directly to the costs of the shoreline inventory in order to complete the mapping of the entire watershed. In addition, staff has requested the mapping effort include Federal Way shoreline outside the WRIA 9 boundary so that the entire city will be completed. Attached is a draft Memorandum of Agreement between the City of Federal Way and the City of Seattle Council consideration. The total maximum cost to the City of Federal Way is $6,644, and the project will be funded through a previously approved budget allocation for shoreline inventory mapping in the Community Development Department's budget. CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 12, 2003 meeting, the Land Use and Transportation Committee recommended approving a Memorandum of Agreement with the City of Seattle to conduct a marine shoreline inventory within the City of Federal Way. PROPOSED MOTION: Motion to authorize the City Manager to execute a Memorandum of Agreement with the City of Seattle. CITY MANAGER APPROVAL: ~ (BELOFt' TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sx reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF ~ Federal Way DATE: .lanuary 12, 2003 TO: FROM: VTA: SUB3ECT: Chair, Land Use and Transportation Committee Paul A. Bucich, Surface Water Manager"~~ David H. Mo~nager Memorandum of Agreement for Marine Shoreline Inventory BACKGROUND: The City of Federal Way is a partner in the Green/Duwamish and Central Puget SOund Watersheds (WRIA 9) Forum. The mission of the Forum is to develop a salmon habitat plan that will guide local jurisdictions in protecting and restoring salmon habitat within the watershed. The watershed includes the northern part of the City of Federal Way. The salmon habitat plan is currently being developed. However, some parts of the habitat plan require additional scientific and technical study before policy recommendations can be developed. One such technical study is basic mapping of the marine shoreline. Currently no comprehensive mapping of the marine shoreline that identifies various marine shoreline features such as elevation, substrate, vegetation, marine water energy, sediment transport, and anthropogenic structures exists. In October, the City Council approved a maximum of $6,000 from the Surface Water Management budget to acquire bathymetry mapping of the marine shoreline. Bathymetry provides land elevations under water to a depth of 30 feet. The mapping is currently underway. Understanding these shoreline characteristics along with the bathymetry data will aid in identifying existing salmon habitat areas for migration and refuge as well as identifying areas in need of restoration. As the main channel of movement for salmon, the shoreline environment is a critical piece of the salmon habitat restoration planning effort. Salmon use the shoreline to grow and migrate out to the Pacific Ocean. Salmon using the Federal Way shoreline likely come from Hylebos and .loe's Creek, South Puget Sound rivers such as the Nisqually and Puyallup, as well as salmon from northern areas that migrate south in order to find refuge and food. The Watershed Forum is working to fill these data gaps to ensure the most accurate information is used in assembling the salmon habitat plan. in addition, such data will assist local jurisdictions, including Federal Way, in meeting recently updated requirements of the Shoreline Master Program. Such mapping efforts will provide a basic inventory of the shoreline upon which the City can update its land use planning efforts for the marine shoreline. Updates to the City of Federal Way's Shoreline Master Program are required by 2009. One specific mapping effort being addressed by the Watershed Forum is to map shoreline characteristics to better understand salmon habitat in the marine environment. Habitat characteristics include substrate, vegetation, woody debris, marshes, freshwater inputs, and human-made structures. This information will be combined with existing shoreline information to establish an inventory of current conditions of the marine shoreline. The marine shoreline inventory is being coordinated by the City of Seattle. The final product of the inventory will be geographic information system data layers and a final report. The electronic habitat layers will be available for all jurisdictions in the watershed for use in salmon habitat planning as well as shoreline master planning and other comprehensive planning efforts. The expected completion date is February 26, 2004. Attached is a scope of work (Attachment A) for the mapping effort that outlines the specific mapping activities and work products. To support the marine shoreline inventory of WRIA 9, the King Conservation District has granted funds to the City of Seattle to conduct mapping within King County. Since the City of Federal Way is not a member of the district, the City is being asked to contribute directly to the costs of the shoreline inventory in order to complete the mapping of the entire watershed. In addition, staff has requested the mapping effort include Federal Way shoreline outside the WRIA 9 boundary so that the entire city will be completed. Attached is a draft Memorandum of Agreement between the City of Federal Way and the City of Seattle Council consideration. The estimated cost of shoreline inventory for the entire shoreline within the City of Federal Way is $4,144. The Watershed Forum will contribute $64,356 for a total of $68,500. Therefore, the City of Federal Way would be contributing 6% of the total shoreline inventory effort in King County. The City of Federal Way will also pay the City of Seattle $500 in project management costs. An additional $2,000 has been included as a reserve fund in the event additional costs are incurred. The City of Federal Way retains release of any management reserve funds. Therefore, the total maximum cost to the City of Federal Way is $6,644. FUNDING AVAI'LABLE The project will be funded through a previously approved budget allocation for shoreline inventory mapping in the Community Development Department's budget. RECOMMENDATION: Staff requests the Committee place the following recommendation on the Febr a~, 2004 City Council Consent~ eM, ~ 1. ~ 8 IVlemorandum of Agreement with the City of SeaL'tie to conduct a marine shoreline inventory within the City of Federal Way. APPROVAL OF COMMI'ITEE REPORT: CC: '~ Day File '~' - M~'// Member K:\LUTC\2004\01-].2-04 WRIA 9 Ne'arshore Shoreline Inventory.doc MEMORANDUM OF AGREEMENT by and between the City of Federal Wa)' and the City of Seattle This agreement is made bet~veen the City of Federal Way, a municipal corporation in Krug County, Washington, located at 33530 Is~ Way South, PO Box 9718, Federal Way, WA 98063-9718 (referred to herein as "Federal Way" or "City"), and the City of Seattle, a municipal corporation in King County, Washington, operating through the Seattle Public Utilities, and located at the Key Tower, 700 5t~' Avenue, Suite 4900 Seattle, WA, 98104-5004 (referred herein as "Seattle"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 WHEREAS, Seattle is acting as the lead contracting entity for marine shoreline inventory mapping on behalf of the Green/Duwamish and Central Puget Sound Watersheds Forum; 1.2 WHEREAS, the marine shoreline inventory mapping 'effort will aid the Green/Duwamish and Central Puget Sound Watersheds Forum in development of a salmon habitat conservation plan for use by all member jurisdictions, including Federal Way; 1.3 WHEREAS, the marine shoreline inventory mapping effort will also provide baseline inventory information that will assist Federal Way with compliance of Shoreline Management Act and Clean Water Act requirements; 1.4 WHEREAS, Federal Way desires to include the entire marine shoreline within its city limits in the shoreline mapping effort; i.5 WHEREAS, Seattle will' contract with Anchor Environmental, Inc. to perform the shoreline mapping inventory as described in the attached Scope of Work (Attachment A); and 1.6 WHEREAS, Federal Way can achieve cost savings and other benefits in the public's interest by contracting with Seattle to perform the shoreline inventory mapping for Federal Way, including letting a contract for the shoreline mapping effort, and providing contract management services in support thereofi NOW THEREFORE, the Parties agree as follows: SECTION 2. AGREEMENT 2.1 Federal Way agrees to reimburse Seattle an amount not to exceed Four Thousand One Hundred Forty-four and 00/100 dollars ($4,144.00) for a shoreline mapping inventory described in Attachment A. In addition, Federal Way shall reimburse Seattle for management .costs up to Five Hundred and 00/100 Dollars ($500.00). The total ambunt to be Paid by Federal Way to Seattle shall be an amount not to exceed Four Thousand Six Hundred Forty-foUr and 00/100 Dollars ($4,644.00), unless additional fimds are authorized in the sole discretion of Federal Way pursuant to Sec. 2.2. 2.2 A management reserve fulld of Two Thousal~d and 00/100 Dollars (S2,000,00) is also available for additional costs incurred. Seattle must submit in writing to tile City a request to release any management reserve fi~nds. The City shall respond in writing whether release of any management reserve funds is approved. 2.3 Payment will be isstted to the City to Seattle upon successful completion of tile deliverables outlined in Phase 2 Task 3 in Attachment A. 2.4 All payments shall be due from Federal Way to Seattle within thirty (30) days after receipt of invoice from Seattle of said sums billed to Federal Way. Amounts unpaid after said due date days shall accrue interest at a rate of one (1) percent per month. 2.5 Neither party assumes responsibility for the other party's acts or the consequences of any act or omission of any person, firm, or corporation not a party to the agreement. Each party shall be responsible only for its own actions. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among parties which relate to the subject matter hereof which are not embodied in this Agreement shall be o£any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and ehch person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5 Any provision of this Agreement, which is declared invalid, void or illega! shall in no way affect, impair, or iff`validate any other provision hereof and such other provisions shall remain in full force and effect. 3.6 In the event either of the Parties defaults on the performance of any ten'ns of this Agreement or either Party places the enforcement of this 'Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay its own attorney's fees, costs and expenses., The venue for any dispute related to this Agreement shall be King County, Washington. 3.7 This agrccmen! shall become effective immediately upon execution by both parties. This Agreement shall continue in Force until Federal Way City Council accepts the completion of the project and Federal Way makes payment in full. CITY OF FEDERAL WAY SEATTLE PUBLIC UTILTIES David H. Moseley, City Manager Chuck Clarke, Director Date Date APPROVED AS TO FORM: Patricia A Richardson, City Attorney k:%wm\leslie\wria9\tcchnical committeeh~earshore~shorelme inventory\ila seattlev2.doc ATTACllMENTA - SC()I~EOF'~VORK Marine Shoreline inventorv of the City Of Seattle and Water Resource Inventory Area 9 PHASE I Location of Work This survey will covet' the marine shoreline, including the supratidal (above mean higher high water), intertidal (between mean lower low water and mean higher high water), and a portion of the subtidal (below mean loxver low water) zones. The study area will include the shoreline of Puget Sound from the north end of the City of Seattle to the south end of the City of Federal Way, the shoreline of Vashon Island and the shoreline of Maury Island. Data will be provided separately for the following two areas: 1) City of Seattle marine shoreline, from the north to south city limits, including the marine side of the Hiram M. Chittenden Locks (Figure 1). Limited information will be collected in Elliott Bay, from Pier 70 to Terminal 5. 2) Water Resource Inventory Area 9 (WRIA 9), including the marine shorelines of King County and Vashon and Maury islands and including the entire shoreline of the City of Federal Way (Figure 2). Purpose The purpose of this project is to map physical, biological, and anthropogenic marine shoreline conditions. This inventory will examine substrate, marine riparian vegetation, fringe marsh, marine water energy, sediment transport, bank armoring, overwater structures, boat ramps, marinas, and habitat enhancement project sites using a combination of existing data sources and field surveys. The final products will be GIS layers for the habitat attributes examined for the City of Seattle and for the entire area of WRIA 9. This project has been divided into two phases. In Phase I existing data sources will be assessed and an approach to conduct the inventory work will be developed, as described in this scope. In Phase 2 the inventory work will be conducted, producing GIS layers and a project report. Phase 2 scoping and budget will be based on the findings of Phase 1. . This effort will support a series of activities, including salmonid habitat preservation and restoration projects, regional salmon conservation and recovery plans, monitoring of long-term trends in salmonid habitat and ecosystem conditions, permitting requirements related to development projects, shoreline master plan updates, and assessment of project impacts to nearshore habitats. This inventory is a major part of a comprehensive marine inventory effort. This effort includes obtaining marine shoreline bathymetry information, in partnership with the Puget Sound Nearshore Ecosystem Restoration Project (PSNERP), and collecting marine subtidal vegetation information. Collectively, this inventory will be useful to the City of Seattle, WRIA 9, other nearshore jurisdictions within the survey area, regional organizations such as PSNERP and the Puget Sound Water Quality Action Team, non-profit organizations, and local and federal government agencies (e.g., Washington Department of Fish and Wildlife, Washington Department of Nafural Resources, NOAA Fisheries, U.S. Army Corps of Engineers). Tasks Task 1: Compile and assess existing data sources and identify data gaps For habitat attributes and characteristics identified in the Habitat Attribute Table (Attachment 1 ), existing data sources, such as the Washington Department of Natural Resources ShoreZone Inventory (ShoreZone) database, City of Seattle and Krug County aerial orthophotographs, and Washington Department of Ecology WA ~' I ~o Roster Aemm #I>,00-34-05 Supp # I further illVcSll~:llloll Into olhcl' SoLlrccS Will bc needed)..lulic I lall will bc thc Seattle data. K~dlm l liggms will bc thc point of contacl Ibr Krug ('ounty data. Itl prcparamm for thc Shoreline Inventory Approach Mcctmg( [ask 2) with thc ('ity of Seattle and thc WRIA 9 Technical ('ommittcc (W9TC) sub-group, thc consultant will compare existing data sources to thc data needs and will prepare a recommended approach Io be taken Ibr each habitat attribute and characteristic of interest. The scale, resolution, and quality of existing data will be included in thc process of preparing a recommended approach. As appropriate, alternate approaches may bc presented tot' one or more attributes. Estimated costs ot' ahernatc approaches will be prepared to help tile City of Seattle and W9TC incorporate cost-benefit considerations into their decision for how to proceed. The Habitat Attribute Table (Attachment 1) will be updated to list all data sources compiled as part of this project and identify data gaps. The table will note where there is sufficient information to proceed with GIS layer creation (e.g., exposure, drift cells), where enhancement of existing data with aerial photo interpretation is possible (e.g., overxvater structures), where field verification/ground4ruthing could provide substantial enhancement (e.g., bank armoring), and where data augmentation with field surveys is needed (e.g.,marine riparian vegetation), as related to each habitat attribute. In preparation for the Shoreline Inventory Approach Meeting (Task 2), the consultant will also use compiled information to identify aspects of the shoreline inventory that need to be defined, such as marine riparian vegetation classes and large woody debris, before photo interpretation analysis begins. The consultant will prepare recomrnended definitions to use in the inventory. In preparation for the Shoreline Inventory Approach Meeting (Task 2), the consultant will also conduct photo interpretation along a section of shoreline to provide thc City of Seattle and W9TC sub-group with an. example of what can be interpreted using existing aerial and oblique photos. Deliverables: ,/ Complete list of compiled data sources and their associated metadata (electronic file). ,/ Revised ltabitat Attribute Table (Attachment 1) will be distributed prior to the Shoreline Inventory Approach Meeting (Task 2) specifying recommended next actions (e.g., create GIS layers, field verification needed, data augmentation needed) (electronic file). ,,/' Recommended definitions for attributes or characteristics will be distributed prior to the Shoreline Inventory Approach Meeting (Task 2). v' Photo interpretation results from a sample section of shoreline. Schedule: By mid-October 2003 Task 2: Shoreline Inventory Approach Meetin,2 A meeting will be held betxveen the consultant, City of Seattle, and W9TC sub-group to discuss the approach to the shoreline inventory. The meeting will discuss habitat attributes and characteristics to be mapped, including the purpose, use, and desired resolution of each attribute and characteristic. The meeting will also identify the geographic areas and tidal zones to be covered (along v,,ith tidal zone boundaries), ar/d any associated categories and definitions that need to be identified. The habitat attributes and characteristics included in the inventory will be adapted from Attachment 1, Based on a discussion of priorities for the shoreline inventory, it is expected that some habitat attributes and/or characteristics may be removed from the inventory list pending cost and opinions on the usefulness of such data. Two Task I client deliverables, one detailing recommended apl)roaches for each attribute and characteristic and one recommending attribute dctinitions lo usc m the inventory, will bc'distributed prior to thc meClil~g lo facilitate the discussion. \\:A 1tl Io Roslcl ,,\gram IIR00-34-05 .%Ulap I;I This discussion will als{~ cover expectations ot'thc final producl appearance and quality (sec thc GIS l.aycr Descriptions, bctoxv), as well as hoxv the City of Seattle and WRIA 9 plan to use thc data once thc inventory is complete. GI5 specifications will be discussed (Allachmcnt 2). with parlicular l})ctls oil Ibc vertical datum to bc used and the nccd Ik~r lhe ability to understand any elevalion mlbrmalion in rcl~rcnce lo MI.LW. The consultant will prepare and distribute meeting minutes and make revisions to Atlachment I based on the discussion. The City of Seattle and the W9TC sub-group will review and comment. The consultant will incorporate the comments before finalization. Deliverablex: ,/' Meeting minutes (electronic file). Revised table based on Attachment 1 ~vhich specifies the agreed-upon habitat attributes and characteristics to be mapped, scales/resolution, approach to enhancing data resolution, and any classifications, categories, or definitions that will be used (electronic file). ,/ One round of comments to the meeting minutes and revised table will be incorporated before the deliverables are finalized. · /' All comments will be compiled and synthesized before delivery to the consultant for incorporation to the documents. · '/ Comments will be provided within ten days ofd~:livery of the meeting minutes and revised table in order to ensure there are no delays to subsequent task schedules. ,/ Comments that will result in new work by thc consultant will trigger a negotiation as to their intent relative to the existing scope and budget. ,/ The revised table will detail the approach that will be taken in the remainder of the inventory for each attribute and characteristic. Scoping and budgeting for the second phase of the inventory will be based on the revised table. Schedule: By end of October 2003 \VA #1 Io Rosier A~nmt #1U)0-34-05 .'qupp #1 PttASE 2 Location of V~;ork This survey will cover the marine shoreline, including the supratidal (above mean higher high water), intertidal (betxveen mean lower Iow water and mean higher high water), and a portion of the subtidal (below mean lower Iow water) zones. The study area will include the shoreline of Puget Sound from the north end of the City of Seattle to the south end of the City of Federal Way, the shoreline of Vashon and the shoreline of Maury Island. Data will be provided separately for the following two areas: 3) City of Seattle marine shoreline, from the north to south city lirnits, including the marine side of the Hiram M. Chittenden Locks (Figure 1). Limited information will be collected in Elliott Bay, from Pier 70 to Terminal 5. 4) Water Resource Inventory Area 9 (WRIA 9), including the marine shorelines of King CoUnty and Vashon and MauD' islands and including the entire shoreline of the City of Federal Way (Figure 2). Purpose The purpose of this project is to map physical, biological, and anthropogenic marine shoreline conditions. This inventory will examine substrate, marine riparian vegetation, fringe marsh, marine water energy, sediment transport, bank armoring, overwater structures, boat ramps, marinas, and habitat enhancement project sites using a combination of existing data sources and field surveys. The final products will be GIS layers for the habitat attributes examined for the City of Seattle and for the entire area of WRIA 9. This effort will.support a series of activities, including salmonid habitat preservation and restoratiou projects, regional salmon conservation and recovery.plans, monitoring of long-term trends in salmonid habitat and ecosystem conditions, permitting requirements related to development projects, shoreline master plan updates, and assessment of project impacts to nearshore habitats. This inventory is a major part of a comprehehsive marine inventory effort. This effort includes obtaining marine shoreline bathymetry information, in partnership with the Puget Sound Nearshore Ecosystem Restoration Project (PSNERP), and collecting marine subtidal vegetation information. Collectively, this inventory will be useful to the City of Seattle, WRIA 9, other nearshore jurisdictions within the survey area, regional organizations such as PSNERP and the Puget Sound Water Quality Action Team, non-prOfit organizations, and local and federal government agencies (e.g., Washington Department ofFish, and Wildlife, Washington Department of Natural Resources, NOAA Fisheries, U.S. Army Corps of Engineers). In Phase I of the project,' ex{sting data were c°mpilec~ and aSSessed fo; Si3atial ex~t~nt, resolutionS' scale, quality of information, and availability ofmetadata. The data compilation included gathering orthophotos of the project area shoreline and Washington Department of Ecology aerial oblique photographs. These imagery sources wiiI be used il'/Phase2 efforts 'to iinprove the res01titlon of selected datasets through photo interpretation. A meeting with tile consultant was convened ill \VA #1 lo Rostcr A~nm! #P,00-34-05 Supp III 4 ,~ Phase I to specifically identify thc habitat attributes and characteristics to be mapped, the resolution to which each will be mapped, and any applicable classification systems for those attributes. These outcomes are detailed in Attachment 1- Final I tabitat Attribute Table. Thc Phase 2 tasks described below establish thc steps that the consultant will take to conduct and report on thc Shoreline Habitat Inventory of the City of Seattle and WRIA 9. Tasks Task 1: Photo-interpretation of Shoreline Habitats Available digital orthophotos attd I{/asbington Departtnent of Ecology aerial oblique photographs will be interpreted to create or modify coverages as detailed in Attachment 1 (Final Habitat Attribute Table). lntrepretation will generally occur within 200feet of the water line, unless otherwise noted itt Attachment 1. Digital orthophotos have been obtained from the City of Seattle, King Cottttty, City of Federal I4/aj, attd the City of Burien. Additional sources, snclt as through the USGS for ltomeland Security purposes, will be used depending oil the resolution of the bnagery attd the tbneliness of their arrival. Assumptions: ,/ All sources to be used for photo ittterpretation will be provided to the consulla~t within seven days of the signing of the Phase 2 work order Task 2: Field Verification of Photo Interpretation Results Field verification will occur during the early stages of the photo interpretation work to allow for adjustments that may be needed. Up to four sites will be inventoried by boat to conduct a field verification of the photo interpretation efforts. Each site will be no more than two miles in length'. Sites will be located along shoreline sections for which different orthophoto imagery was used for photo interpretation in order to characterize the level of confidence that the source imagery allows for interpretation of the various habitat attributes and characteristics. Prior to conducting the field verification work, the Seattle/WRIA 9 project manager will be consulted to discuss the methods to be implemented. The field verification work will be conducted in a manner to avoid property access issues. A field verification plan will be provided that describes the field methods that will be employed and the approach to interpreting field findings for quality assurance/quality control purposes. Seattle and the WRIA 9 Technical Committee (W9TC) Will review and comment on the draft Field Verification Plan. The results of the field verification will provided to the Seattle/WRIA 9 project manager in a brief report. The report will discuss the accuracy of the photo interpretation for each habitat attril~Ute analyzed and, for attributes With loTM accuracy, the reasons fol~ that Iow accuracy will be identified along with implications for using the inventory results. The consultant will modify their photo interpretation methodologies to address attribute data with Iow accuracy, to the exteut possible to do so. They also will recommend timber options to increase accuracy of attribute data (e'-,.=., field surveys). Seattle and the W9TC (or Sflbgroup) Will re~,ieTM m'~d c°mmer~t on the report. DeliverableS: w' Drc~ Field gerification Plan (electro, ic file) " ~" Final Field fferification Platt (electro,ic file) · / Draft Field I?cr!fication Results (electrotticfi[e) WA #1 to Roster A~mm #R00-34-05 Supp ltl Assumptions: '/ Final Fiehl Ver~ficalion Rcsuhs (cleclronic.file) All comments lo thc survey plan and results report will be compiled ami synthesized before deliveO' Io Ibc consu/htnl for incoq~oralion Io the documenlx. ('OIltlllelllS will be provided ii'il/litl olle week qf Field Vel'~ficalioI1 Plan attd Fiehl Verification Resuhs deliveO, in order lo ensure there are no delays to subsequenl ta.s'k schedules. Task 3: Production of GIS Habitat Layers and Project Report. GIS ko,ers will be created for each habitat characteristic identified in Attachment 1- Final ltabila! Attribute Report wilh the specified resolution, classifications, and categories. These GIS layers will meet the GIS specifications (Attachment 2) of the Ci0, of Seattle and King County, and to the exten! possible, other WRIA 9 nearshore jurisdictions. Each la)'er will-be accompanied by metadala for both the existing data sources that are used and the field verification/augmentation sut~eys. The GIS layers will be provided electronically to the City o£ Seattle, King County, and any other WRIA 9 jurisdictions that request the information in the data format specified in Attachment 2. The . draft layer~ will be reviewed by the City of Seattle and the W9TC and revisions will be made as necessary. A project report will also be prepared. The report will document the inventory process for this project and roughly conform to the following outline: 1. Survey Area (with map). 2. Table of habitat attributes and characteristics examined, resolution, and data sources used. Attachment A- Final Habitat Attribute Table will be modified as necessary and Used. 3. Photo interpretation and field verification methodologies and field verification results. The field verification methodology section should include information on how/why verification sites were selected, in addition to verification methods. Field verification results should discuss the accuracy of the photo intmpretation for the various habitat attributes surveyed. 4. GIS products. There should be one ~xample figure for each habitat attribute and/or characteristic, at an appropriate scale to demonstrate the data'and with the metadata listed. For data sources that are deemed "useable" for this inventory, a list of the relevant metadata will be recorded for each habitat attribute. Metadata for the purposes of this project include the data source/reference, date of source, scale of source, data collection methods, processing steps, data limitations/restrictions and a contact name. 5. General analyses of inventory. The analyses should include: ,/ Total number of lineal shoreline miles surveyed. ,/ Dominant substrate type for the supratidal, intertidal, and subtidal zones, as percent of lineal shoreline extent, based on information in the WDNR ShoreZone Inventory cross shore tables. ,,/ Marine riparian vegetation, as lineal shoreline miles covered by different vegetative classifications and their percent of the surveyed area. , , ,/ Marsh habitat, as lineal shoreline miles covered and percent of the surveyed area shoreline using WDNR ShoreZone Inventory infom]ation. This will be provided for the patchy and continuous designations of the following ShoreZone Inventory classifications: TRI, GRA, SAL, and SED. WA #1 lo Rostcr Agmnt IIR00-34-(}5 Supp #1 6 ,/ Bank armoring, as a number of lineal miles armored and as a percent of the total surveyed lineal shoreline miles. · / Over~vater structures, as tile area covered, including marinas. ,/ Boat ramps, as a number, the area covered, and as a percent of the lineal shoreline covered. ,/ Existing habitat enhancement projects, as a number, tile lineal shoreline covered, and as a percent of the surveyed shoreline area. The GIS layers and project report will be presented in two extents, one covering the City of Seattle only (Figure 1) and the other covering WRIA 9 (Figure 2). The draft project report will be reviewed by City of Seattle and W9TC and revisions made as necessary. The final report will be provided in an electronic form (on CD as a pdf file) for replication by Seattle and WRIA 9, along with a limited number of hard copies (6 of each). Deliverables: Draft ArcView Project containing GIS habitat layers (electronic files) for 1) City of Seattle and 2) WRIA 9 Meeting to discuss comments to draft GIS habitat layers and draft report Final ArcView Project containing GIS habitat layers (electronic files) for 1) City of Seattle and 2) WRIA 9 Draft and Final Project Report for 1) City of Seattle (draft - 5 electronic files, final - 15 electronic copies and 6 hard copies) and 2) WRIA 9 (draft - 5 electronic files, final- 15 electronic copies and 6 hard copies) Assumptions: All comments will be compiled and synthesized before delivery to the consultant for incorporation to the documents. One round of comments to the draft habitat layers and draft report will be incorporated before the deliverables are finalized. Task 4: Project Management. The consultant will ensure that the individual tasks identified in the scope of work will be completed as specified in a timely manner, including providing deliverables on time and within budget. The consultant project manager shall work closely with the Seattle/WRIA project manager, Seattle'staff and WRIA 9 Technical Committee staff. The consultant will monitor the project budget, scope and schedule and inform the Seattle/WRIA project manager of any issues that may interfere with the completion of the work in an efficient and timely fashion. The consultant will provide monthly status reports, which will compare the work completed with the scheduled tasks, provide supporting infom~ation for all invoices, and compare expenditures with task budgets. Supporting invoice information will include details of expenditures on each task, such as hours worked by project personnel and other direct expenses. The consultant will also cooperate/coordinate with the contractor for the WRIA 9 Habitat btventoty for the Lower Green, Elliott Bay/Duwamish, and Nearshore sub-watersheds (SRFB Task 1). The products of this project will be an important component of that project attd. a limited amount of con,nunication will need to occur between the consultant conducting this pi'oject and the consultant conducting SRFB Task '1. WA #1 lo Roster Agmnt #R00-34-05 Supp #1 Deliverables: ,/ Monthlr slqlll$ i'~f~orl$ Estimated Schedule Task Task Description (7Oml}lelion Estimated llu(Igel Date I Photo-interpretation o. fShoreline llabitats Nov..2 I, 2003 2 Field Verificatiou of Photo Interpretation Results Dec. 5, 2003 3 Production ofGIS llabitat Layers and Project Report Draft J~tll. 5, 2004 Jan. 31, 2004 Final 4 Project management Ongoing Total Jan.31, 2004 ATTACHEMENTS: Attachment 1 - Habitat Attribute Table Attachment 2 - GIS Data Layer Specifications WA fl l to Roslcr Agmnt tI1~,0(}-34-05 Supp Ill GIS Layer Descriptions ltabitat Characteristics How will we use Type of Details Attribute these GIS layers? Coverage Substrate - Low lnteritdal · Substratc lane or Represent each substrate % Dom./Subdom. diversity (% Polygon type as different color - Middle Intertidal different (need to use standard % Dom./Subdom. types) substrate types) - High Intertidal % Dom./Subdom. - Supratidal % Dom./Subdom. Marine - Location · Lineal Line or Accompanying table Riparian - Average width distance of Polygon should define width, Vegetation - Distance from shoreline with length, whether it is (MRV) MHHW MRV adjacent to the beach or - Adjacent vs. separated by some sort Separated from beach · Area coverage of strucfure. - Species classification of MRV - Age classification ColOr could represent -Overhanging classification (native- classification grass, native-shrub, (backshore vs. native-deciduous, intertidal) native-coniferous, landscaped, non-native, impervious). Could combine with impervious surfaces within 200 feet of MHHW (see Anthropogenic Modifications). LWD - Feet shoreline covered Line or Need to further define Accumulations - Associated backshore Polygon feature Aquaculture - Tribal Aquaculture = Color code points or and Shellfish - Commercial Point lines by type (tribal etc.) Harvest Areas - Recreational Harvest = Line/Polygon Marsh - Location · Acres Polygon Need to define marsh - Size wetlands for habitat types (e.g. fringe, - Type chinooka dense dune grass). · % different habitat types WA #1 to Roster Agmu1 #R00-34-05 Supp #1 II:ahita! ('haractcriqicn - ('LII'ICBI> Nero-shore Sedimenl Transport Freshwater Inputs Anthropo,,enic Modi fica! ions -I:t_'lc h - '1 dc~, Ihm x%ill v,c uric Ihc'nu (;[.% lax tot's'.' Proportion stream mouths mcctmg habitaI i-eq LIl[ClllelllS - lJght cxt,osurc -l)rcdon~inant \Vind dirccm)n - Feeder Blult¢ [,ocalion Distance fi-om M I I 1 t W Activity Classilicatton (e.g., recent slide, stable} - Drift cells Direction - Stream Mouth widlh - ()ulfalt TyPe (slrcam. drainage. storm, waslc, private) Size Elevation Condition - Seep - Bank Armoring Type 51ope (% o~ verlical vs' sloped'? ) Distance to MIIIIW Width ('ondition - Ovcrwalcr Nlructurc 't'ypc ('ompass orientation Con figuration Number o[ pilings/- composilmn I)islancc to MI IHW Size Number of boats it can suppo~ Lineal feet unarmorcd shoreline~ I') I)C ( '(,x cragc llnc l.ine Linc a I-l-O \v Anlhropogcntc - I~,oal Ramps l.incal feet xV,:O C} \'C I- \V:.I ti2 r SI_I-UCI Ui-Ca ( sug,.4c<lcd ) Poinl l.ine Polygon I)olygon I)clails :l\cr li',r t_ 1:11 JCJL']I~It,.' Layer lbr each characleristic (cx. Feeder bluff: table to represent distance from MtIItW from I.il)AR data). One layer for strcams. another for outlhlls, and another for seeps Need to consider timing for seep sur\'cys (April May) Need to get pipes through raih'oad pl'iSlll Color codc by type and link other clmracteristics lay table Color code by tyl)c and link oflaer characteristics by lablc Habitat Characteristics lto~v ~vill xve use Type of Details Attribute these GIS layers? Coverage Modifications Width (continued) Length Distance to MItItW Composition Condition - Marinas Polygon Jetty Fish Passage Overwater coverage (with and without boats) Number of pilings/ composition Amount of fill/jetty - Impervious surface Polygori Could incorporate with within 200 feet MRV layer Type Area Previous - Site location Polygon One layer ~vith Habitat - Area characteristics listed in Enhancement - feet o f shoreline table Projects covered - Horizontal and vertical height a Indicates that the item is a metric to be used in Seattle's Salmon Report Card to the City Council. Other items related to long-term monitoring and ways Seattle or WRIA 9 may want to quantify changes. WA #1 to Roster Agnmt #R00-34-05 Supp #1 Only limited habitat altribulcs arc to be two red dots Survey N ' ,' · . 12 \V..\ :: I I,~ txt :,ici ..\,_:milt :;I.~{ ( -34-( 5 Nt[l~p ;;I Figure 2: WRIA 9 Marine Nearshorc Area Nearshore Subwatershed Nearshore Subwatershed \VA It I to Rosier A,.l, mnt I R00-.~4-05 Supp II I .\(lach[ucl~! I I lalfilal .\llribulc Il:dill:il Attributes ('haraclerislics t Resohllion Existin~ Data Sources SUBSTRATE 5ubslrale* *t 'sin,_, cslablishcd standai'dizcd slat_' classes {sec '['off ct al. 20031 * Elliou Bay will also bo included for this atlribute VEGETATION Marine Ril)arian Vegetation (1¥1 gu ) L\VD Accumulations * Needs further definition fi-om WRIA 0 Vertical: ? ii(Ill}/oilL.-, {llUCI- supratldall x~ ifil l~llllhu'l dcl]llilioli of illlClllid:ll ZOllC I Iol i/_ontal: Where major breaks ill substl ate occur \\:A I)NR ShorcZone F, apid Shoreline lll\'elltOl'y 2002. People lbr Puget Sound - l'arts of Vashon & Maury islands Toff et al. 2003: Shilshole Bay shoreline Video of Elliolt Bay and Duwamish shorelines - Taylor and Associates Location Avera-e width Distance from M H t IW Adjacent vs. separated fi'om beach Community COlnpOSiliOn (nonnalivc. nalivc-g~ass. etc. ) Age classificalion (0-30, 30~, etc.) Overhanging classification (presence. IZe~ overhanging, . overhanging backshore or. interlidal · Feel of shoreline coVellcd · Associated backshore feature l'arcel level, xx'ilhm 200 fccl of MI Il IW .- WA DNR ShoreZone ,-- Seattle Urban Nature Project -- Rapid Shoreline Inventory 2002, People for Puget Sound - Parts of Vashon & Maury islands Krug County aerial photos - t996 CityofSeattle orthopholos 1999 CityofSeattle orthophotos (0.5 foot res.} 2002 USGS/Homeland Security orthophotos ( 1 lbot res. ) ,-- 1992-1997 DOE aerial oblique photos -- KC land use layer (28 nr pixels) ,- Toff et al. 2003: Shilshold Bay shoreline ,- Video of Elliott Bay and Duwamish shorelines - Taylor and Associates Video of Ellion Bay and Duwamish shorelines - Taylor and Associates BIOLOGICAL ATTRIBUTES Aq uacult ure/Shelllish ltarvesting Areas I Tribal · Recrealional I Conuncrcial ,- DOE-Coastal Atlas ,- \VDFW Regulations Habitat Attributes Characteristics Resolutio. Existing Data Sources Marsh Habitat · Need to define >- WA DNR ShoreZone Energy · Wave Exposure Landscape, existing 3~ WA DNR ShoreZone · Wind Exposure information only > DOE-Coastal Atlas · Alongshore currents · Nearshore currents · Fetch · Tides · Light (solar) exposure · Predominant wind direction Sediment Sources Landscape, existing > WA DNRShoreZone · Feeder bluffs and other information only ~ DOE-Coastal Atlas sediment sources (banks, )~ Topography information streams, etc) (LiDAR) · Bluffdistance from ~-' DOE Slope Stability MHHW Maps Transport · Seasonal changes in grain size, movement on and offshore · Drift cells (drift directions) Depletion/accretion 2ones Fresh~vater Inputs Natural Streams -Every outfall, pending cost 3~ City is mapping outfa_lls- · Location location, condition, and · Size . type (stormwater, wastewater, private) : ~ WA Trout: southern KC Outfalls basins, Vashon/Maury · Type islands · (stormwater, waste, ~ Topographic LiDAR private) ~ Seattle urban creeks data · Size - ~ Video ofElliott Bayand · Elevation Duwamish shorelines - · Condition Taylor and Associates Seeps' Location · © WA #1 to Roster Agmnt #R00-34-05 Supp #1 Habitat Attributes Characteristics I",esolntion Existiug Data Sources Bank Armoring · Type Parcel level ,- Topo~,raphic LiDAR l'rom {riprap, bulkhead, groin, etc.) thc I'ugc! Sound LiDAR consortiun~ covers all of · Elliott Bay will also be , Slope included for this auribnte WRIA 9 l-fi>or · l.ocation m relation to rcsolutiun. 3-5 foot MI IIfW horizomal accuracy. Krug · Width County adding to their · Coudition GIS layers right now. -- Aerial ortho photos (Seattle and Krug County) ,- 2002 USGSZltomeland Security orthophotos ( I foot res.) ,~ DOE aerial oblique photos ~' Toff et al. 2003: Shilshole Bay shoreline >- Video of Elliott Bay and Duwamish shorelines - Taylor and Associates ~- Rapid Shoreline Inventory 2002, People for Puget Sound - Paris of Vashon & Maury islands > Washington Trout - Vashon and Maury Islands Overwater structures · Type (e.g. dock, pier) Parcel level > Topographic LiDAR · Compass orientation ~' Aerial ortho photos · Elliott Bay will also be · Configuration (Seattle and King County) iucluded for this attribute . · Location in relation to ~- 2002 USGS/Homeland Security orthophotos ( I MHtfW , foot res.) · Size ~- DOE aerial obliqne · Number of pilings/ photos composition ~ Toft et al. 2003: Shilshole · Composition Bay shoreline · Condition of structure 3~ Video of Elliott Bay and · Number of boats it can Duwamish shorelines - support Taylor and Associates · Depth of water arouud it ~- Rapid Shoreline Inventory 2002. People for Puget Sound - Parts of Vasbon & Maury islands 3~ Washington Trout - Vashon and Maury Islands Fill · Presence Parcel level, pull fi-om >- Topog[aphic LiDAR · Stability topography and bank~ armoring ~ CityofSeattle (DCLU) · Elliott Bay will also be information ' : · Composition working with David included for this attribute Montgomery to map areas · ' Location in relation to with fill MltllW > Historic tideland maps · Arca/vohmle WA # I to Roster Agmnt #R00-34-05 Supp # I Habitat Attributes Characteristics Resolution Existing Data Sources Boat Ramps - Width/length Parcel level > Topographic LiDAR · Slope > Aerial ortho photos · Location in relation to (Seattle and King County) MHHW > 2002 USGS/Homeland Security orthophotos ( 1 · Composition foot res.) · Condition ~- DOE aerialoblique photos ~- Toff et al. 2003: Shilshole Bay shoreline > Video of Elliott Bay and Duwamish shorelines - Taylor and Associates Marinas ,, Jetty Parcel level >' Topographic LiDAR · Fish Passage > Aerial ortho photos * Elliott Bay will also be · Overwater coverage (Seattle and King County) included for this attribute · Number of pilings/ > 2002 USGS/Homeland composition Secu. rity orthophotos (1 · Number of boats foot res.) ' designed for )~ DOE aerial oblique · Amount of fill/jetty photos (placement in relation to > Toft et al. 2003: Shilshole tidal elevation) Bay shoreline lmpe[vious surfaces ~vithin · Type Parcel level ~ Aerialortho photos 200 feet of MHHW (semi-perm., perm., etc.) (Seattle-and King County) · Area > 2002 USGS/Homeland.. Security orth°Ph0tO~ (1 ' * Elliott Bay will also be foot res.) '~ ! '~':'· r, included for this attribute ~ DOE aerial oblique photos > Vashon/Maury Islands photo interpretation (rest. of KC on the way) > Federal Way has imperviousness by sub- basin ~ Video of Elliott Bay and Duwamish shorelines - Taylor and Associates ~ Rapid Shoreline Inventory 2002, People for Puget Sound o Parts of Vashon & Maury islands Previous Habitat - Site location Ail locations , ~' Seattle Urban Blueprint Pr°J.ects: · Horizontal and vertical ~ WRIA9 staffand Enhancement Se~ttle : height , employees WA # ! to Roster Agmnt #R00-34-05 Supp # 1 Attachment (;IS I)ata I~aver %l~ecifications l)ala Formal The prcfciTcd forlnat for vector data is Arc/Info coverages or Arcvicw slaapcfilcs. Spatial raster data will be m Arc/Int~) (;RID format. Arc/lntB coverages and GRIDs will be distributed m Arc Interchange lbrmat (.c00). Thc Arc Interchange files may be compressed with a program such as WinZip or g/ip if required Images will bc gcorcfcrcnccd aud in 'a format supported by Arc/lnlb, Arcvicw, and ArcMap. GcoTtFF is the prefer,ed image format. Projection All data will be in the Washington State Plane North Zone (NAD 83) coordinate system with the map units in feet, the vertical datum as North American Vertical Datum 1988 (NAVD 88). Any elevational references should also include a reference to mean lower Io~v water. No shifts to the Easting or Northmg values are permissible. Vertical units should be in feet. Metadata Metadata will accompany all data. The metadata will include the data source/reference, date oi'sourcc. scale of source, data collection methods, processing steps, and a contact name. Any known limitations 0f the data or restrictions on use of the data will also be included. Data Dictionary A data dictionary will accompany all data. The data dictionary will describe the attributes of the data and list the possible values for each attribute item. In cases where there are not a discreet nunlber of possible values, a range of values may be used instead. Media All data will be on CD or other acceptable format. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: STEEL LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE APPOINTMENTS CATEGORY: '[] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: none SUMMARY/BACKGROUND: At a special meeting on January 20, 2004, the City Council will interview applicants to fill four positions on the city's Steel Lake Management District Advisory Committee, all representing single family and vacant properties. Thc Resolution creating the committee also provides for one position representing multi-family properties, however, no application was received for that position. The Council will confirm their new appointments during that evening's regular meeting. Each private property owner shall be appointed to a 2-year term. The Resolution also provides for the Washington Department of Fish and Wildlife to name its representative, and for the City of Federal Way to name its representative. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: I hereby move the appointment of the following persons to the city's Steel Lake Management District Advisory Committee, each person representing single family and vacant properties, for 2-year terms effective through January 31, 2006: (The City Clerk will arrange for introductions and certificate presentations at the February 3 regular meeting) (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances on[y) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: ARTS COMMISSION-APPOINTMENTS CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: none SUMMARY/BACKGROUND: At a special meeting on January 20, 2004, the City Council will interview applicants to fill four vacant positions on the city's Arts Commission. Two of the current commissioners whose terms have expired have reapplied. Three of the positions are full 3-year terms, and one is an unexpired l-year term. Currently, there are no alternates on the Commission. The Council will confirm their new appointments during that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: I hereby move the appointment of the following persons to the city's Arts Commission for the following terms: (The City Clerk will arrange for introductions and certificate presentations at the February 3 regular meeting) (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED 1s~' reading [] TABLED/DEFERRED/NO ACTION Enactment reading [] MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: OTHER COMMITTEE APPOINTMENTS CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Committee Positions Requiring Mayoral Appointment - January 2004 SUMMARY/BACKGROUND: The Mayor makes community and regional committee appointments each January, taking into consideration the interests and request of individual Councilmembers. Members serve one-year terms. The following Committees require Mayoral appointment: (l) Airport Communities Coalition (ACC) (2) City/Lakehaven Liaison Committee (3) City/School District Liaison Committee (4) City/Chamber Economic Development Committee (5) Jail Assembly (6) Joint Recommendation Committee (7) Lodging Tax Advisory Committee (LTAC) (8) Potential Annexation Area Steering Committee (PAA) (9) South County Annexation Transportation Board (SCATBd) (10) Sound Transit Executive Advisory Committee CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: No motion necessary, action taken by Mayoral apl~ointment. CITY MANAGER APPROVAL: ~J f]// (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1s'r reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Right of Way Use Agreement for Improvement by Sound Transit to South 316t~ Street CATEGORY: BUDGET IMPACT: [] CONSENT [] ORDINANCE Amount Budgeted: $ [] RESOLUTION [] PUBLIC HEARING Expenditure Amt.: $ 1~ CITY COUNCIL BUSINESS [] OTHER Contingency Req'd: $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated January 12, 2004 and draft Right of Way Use Agreement between the City of Federal Way and Sound Transit. -% SUMMARY/BACKGROUND: As a part of the Transit Center/Parking Garage Proje~c on South 316th Street and 23'a Avenue South, Sound Transit is proposing to install street furniture including stamped ~oncrete sidewalk, trellis footings, landscaping, banners and benches. This "treatment" along South 316t~ Street is intended to provide pedestrian friendly amenities and enliven the building frontage. A parking garage is required by City code design guidelines to provide pedestrian amenities. Although the Sound Transit project is an essential public facility, Sound Transit has agreed to meet the intent of the code. The attached draft agreement between Sound Transit and the City of Federal Way will allow for the installation and addresses responsibilities for maintenance of the amenities by Sound Transit. Also, a plan showing the landscaping, sidewalk scoring, benches and street light banners is attached. CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 12, 2004 meeting, the Land Use and Transportation Committee recommended approving the Right of Way Use Agreement by Sound Transit to South 316th Street and recommended authorizing the City Manager to execute the Right of Way Use Agreement with Sound Transit. PROPOSED MOTION: Motion to approve the Right of Way Use Agreement by Sound Transit to South 316th Street and authorize the City Manager to execute the Right of Way Use Agreement with Sound Transit (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sx reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF ~ Federal Way DATE: TO: FROM: VZA: SUB3ECT: January 12, 2004 Chair, Land Use and Transportation Committee Ken Miller, Deputy Public Wor~ Director David H. Moseley, City anage~m,./_ Right of Way-Use Agreement for Improvement by Sound Transit to South 316th Street BACKGROUND: As a part of the Transit Center/Parking Garage Project on South 316th Street and 23rd Avenue South, Sound Transit is proposing to install street furniture including stamped concrete sidewalk, trellis footings, landscaping, banners and benches. This "treatment" along South 316th Street is intended to provide pedestrian friendly amenities and enliven the building frontage. A parking garage is required by City code design guidelines to provide pedestrian amenities. Although the Sound Transit project is an essential public facility, Sound Transit has agreed to meet the intent of the code. The attached draft agreement between Sound Transit and the City of Federal Way will allow for the installation and addresses responsibilities for maintenance of the amenities by Sound Transit. Also, a plan showing the landscaping, sidewalk scoring, benches and street light banners is attached. Staff will be present at the January 12, 2004 LUTC meeting to present the agreement and answer questions. RECOM MEN DA'r[ON: Staff recommends placing the following items on the ~ar-ua~, 2004 Council consent agenda: · Approval of the Right of Way Use Agreement by Sound Transit to South 316th Street · Authorize the City Manager to execute the Right of Way Use Agreement with Sound Transit. ' , APPROVAL OF COMMI'rI'EEiREPORT: ",i. .... · ,' ': ,),: ,, :' ::, ."';i",:,: ;,.. KM:kk Project File Central File Member :.:,. DRAFT RIGHT-OF-WAY USE AGREEMENT FOR IMPROVEMENTS BY SOUND TRANSIT TO SOUTH 316TM STREET BETWEEN 21sx AVENUE S AND 23R~ AVENUE S THIS AGREEMENT is entered into this __ day of ,2004, by and between the City of Federal Way, Washington, a Municipal Corporation ("City") and the Central Puget Sound Regional Transit Authority ("Sound Transit"), collectively referred to herein as the "Parties". RECITALS WHEREAS, The City holds fights-of-way within the City in trust for the benefit of the public, including South 316th Street between 21st Avenue South and 23a Avenue South, legally described in Exhibit A attached hereto and incorporated by reference ("Premises"); and WHEREAS, Sound Transit desires to use space in, on, or above the Premises for the installation and maintenance of certain improvements outside of the traveled roadway that include special stamped concrete pavement, trellis footings, landscaping, street light banners and benches ("Facilities") for use in connection with its construction and operation of a transit center located at .; NOW THEREFORE, in consideration of their mutual promises and covenants, the Parties agree as follows: 1. Premises. City grants use to Sound Transit, on a non-exclUsive basis and subject to the conditions and limitations herein, the Premises as legally described in attached Exhibit A. Sound Transit may locate its Facilities on the Premises in the manner as described specifically in the attached Exhibit B. Sound Transit may not add Facilities in addition to that shown on Exhibit B other than as may be approved in writing by the City. 2. Term and Termination. Sound Transit understands and agrees that the permission granted herein to occupy the Premises is wholly of a temporary nature, vests no permanent rights whatsoever, and that upon thirty (30) days notice, or without notice in case such use or occupation or such Facilities shall become dangerous, insecure or unsafe, or shall not be constructed, maintained or used in accordance with the provisions of the FWCC, building permit#03-102584-000-00-CO or this Agreement, the Agreement may be terminated and the Facilities ordered removed. Pagc l 3. Permitted Use of Premises. 3.1. Sound Transit may use the Premises solely for the installation, operation, and maintenance of its Facilities specifically described in Exhibit B and approved by building permit //03-102584-000-00-CO. 3.2 Sound Transit shall not use the Premises in any way that interferes with the use of the Premises by City, lessees, licensees or other entities authorized by the City. 3.3. Sound Transit shall remove the Facilities from the Premises upon termination of the Agreement. Upon removal of the Facilities, Sound Transit shall restore the affected area of the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Sound Transit shall be bome by Sound Transit. If however, Sound Transit requests permission not to remove all or a portion of the improvements, and City consents to such nonremoval, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Sound Transit shall be relieved of its duty to otherwise remove same. 3.4. The City reserves the right to regulate, use, occupy and enjoy its right-of-way property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the right-of-way, or developing, improving, repairing or altering the right-of-way. Upon the City's demand and at the Sound Transit's sole cost and expense, Sound Transit shall remove and/or maintain the Facilities pursuant to the City's instructions and within the reasonable time period prescribed by the City. 4. Restoration. In the event that Sound Transit causes damage of any kind during the course of installing, operating or maintaining the Facilities, including damage to the right-of-way caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Sound Transit shall repair the damage and restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the right-of-way shall be to a condition that in the judgment of the City is equivalent to the condition of the right-of-way prior to commencing the installation, operation or maintenance of the Facilities. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. Pagc 2 5. Maintenance. Sound Transit shall, at its own expense, maintain the Facilities in a safe condition and in good repair. Additionally, Sound Transit shall keep the Facilities free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Sound Transit shall have sole responsibility for the maintenance, repair, and security of its Facilities, and shall keep the same in good repair and condition during the Agreement term. 6. Compliance with Laws. Sound Transit's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Sound Transit shall erect, maintain and operate its Facilities in accordance with applicable site standards, statutes, ordinances, rules and regulations issued by the City, federal or state government or any other governing bodies. Sound Transit acknowledges that all aspects of this Agreement are consistent with existing Washington State statutes and the City Code, and to the best of its knowledge, this Agreement is consistent with all other applicable federal, state and local laws. In addition, Sound Transit specifically acknowledges that the Premises are located in right-of- way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to permit, franchise or regulate usage of rights-of-way pursuant to its lawful authority. 7. Agreement Subject to Future Ordinances. Sound Transit acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Sound Transit's Facilities and activities hereunder as if they were in effect at the time this Agreement was executed by the City, and Sound Transit covenants and agrees to be bound by same; provided, however, that Sound Transit shall not be bound by new laws where its rights have previously vested by operation of law. 8. Indemnity. 8.1. Disclaimer of Liability: Except for the sole negligence or willful misconduct of the City, its employees or agents, the City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Sound Transit's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Sound Transit's Facilities and Sound Transit expressly assumes all such risk. 8.2. Indemnification and Hold Harmless: Sound Transit shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys and contractors from and against any and all liability, damages and claims (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of Sound Transit, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Sound Transit's Facilities except for the sole negligence or willful misconduct of the City and its officers, boards, commissions, employees, agents, attorneys and contractors. Page 3 8.3. Defense of City: When under the terms of this Agreement Sound Transit is required to defend the City against any action or proceeding brought against the City, Sound Transit shall, at Sound Transit's sole cost and expense, resist and defend the same provided, however, that Sound Transit shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Sound Transit and participating in the defense of any litigation with City's own counsel. Sound Transit shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attomeys' fees and shall also include the reasonable value of any services rendered by the City Attomey's office, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 8.4. Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Insurance: During the term of this Agreement, Sound Transit shall maintain in full force and effect and at its sole cost and expense, and listing the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: 9.1. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. 9.2. Comprehensive automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. 9.3. required by law. Worker's compensation insurance and such other insurance as may be 9.4. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Agreement shall be filed and maintained with City prior to commencement of the term of this Agreement and thereafter. 9.5. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Agreement shall contain the following or substantially similar endorsement: "At least sixty (60) days prior written notice shall be given to City by the insurer of any intention not to renew such policy or to cancel, replace or reduce coverage regarding the Premises, such notice to be given by registered mail." 9.6. Deductibles: All insurance policies may be written with commercially reasonable deductibles. Pagc 4 9.7. License: All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating of A (IV) or better, unless waived by the City. 10. Acceptance of Premises. Sound Transit accepts the Premises in the condition existing as of the date of this Agreement. City makes no representation with respect to the condition of the Premises and City shall not be liable for any defect in the Premises. 11. Taxes. Sound Transit shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Agreement attributable to the Facilities or Sound Transit's use of the Premises. 12. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Agreement shall terminate as of the date title to the Premises vests in the condemning authority. Sound Transit shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Sound Transit hereby expressly waives any right or claim to any portion thereof. However, Sound Transit shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Sound Transit. 13. Dangerous Conditions: Authority for City to Abate. Whenever construction, installation, or excavation of Facilities authorized by this Agreement has caused or contributed to a condition which impairs the lateral support of the adjoining public way, street or public place, or endangers the public, street utilities or City-owned property, the Public Works Director may direct the Sound Transit, at the Sound Transit's own expense, to take reasonable action to protect the public, adjacent public places, City-owned property, streets, utilities and public ways. Such action may include compliance within a prescribed time. In the event that the Sound Transit fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the Premises and take such actions as are reasonably necessary to protect the public, the adjacent streets, public ways and utilities, to maintain the lateral support thereof, or other actions regarded as necessary safety precautions; and the Sound Transit shall be liable to the City for the costs thereof. The provisions of this Section shall survive the expiration, revocation or termination of this Agreement. 14. General Provisions. 14.1. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 14.2. Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. Pagc 5 14.3. Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 14.4. Assignment. Sound Transit may not assign this Agreement nor transfer occupancy of the Premises or operation and ownership of the Facilities, in whole or in part, without the prior written consent of the City. 14.5. Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 14.6. Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 14.7. No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 14.8. Governing Law. This Agreement shall be made in and shall be construed in accordance with the laws of the State of Washington. 14.9. Authority. City and Sound Transit respectively represent that their signatory is duly authorized and has full right, power and authority to execute this Agreement. 14.10. Notices. Any notices required to be given by the Parties shall be delivered a the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 14.11. Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 14.12. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 14.13. Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Page 6 14.14, Dispute Resolution. Disputes under this agreement will be resolved through the process established in Section IV of the Agreement Between Central Puget Sound Regional Transit Authority And The City Of Federal Way For Development Of A Transit Center, Parking Structure And Freeway Access (July 9, 2001). Page 7 This Agreement was executed as of the date first set forth above. CITY OF FEDERAL WAY CENTRAL PUGET SOUND TRANSIT AUTHORITY REGIONAL By: Its: Address: By: Title: Address: ATTEST: This __ day of ,2004 ATTEST: This __ day of ,2004 City Clerk, City of Federal Way Title: APPROVED AS TO FORM FOR CITY OF FEDERAL WAY: APPROVED AS TO FORM FOR SOUND TRANSIT: Patricia A. Richardson City Attorney Its: K:\Sound TransitX~*,.ight of Way Use Agreement 091503 Pagc 8 STATE OF WASHINGTON COUNTY OF KING On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, David H. Moseley, to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrmnent to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this __ day of ,2004. (notary signature) (typed'primed name of notary) Notary Public in and for the State of Washington My commission expires: STATE OF WASHINGTON COUNTY OF KING On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, , to me known to be the of , a , which executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of , for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this ~ day of ,2004. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Page 9 EXHIBIT A LEGAL DESCRIPTION Pagc 10 MATCHLINE -SEE ABOVE FUTURE 21ST AVE S. 1,4ATDI II I~11-- OF-F I--)r--i NOTE: TO BE DESIGNED BY SOUND TRANSIT AND FABRICATED BY CONTRACTOR STREET LIGHT BANNER 0 NTS MEETING DATE: January 20, 2004 ITEM// CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Agreement between City and Central Puget Sound Regional Transit Authority for "Future Development of Transit Oriented Development at the Federal Way Transit Center." CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $0.00 Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Proposed Agreement; Staff Memorandum to Land Use and Transportation Committee; Summary of agreement presented at LUTC meeting; existing 7/01 Agreement between City and Transit Authority, and legislative record for 7/01 Agreement. SUMMARY/BACKGROUND: The proposed Agreement will implement provisions in the 7/01 Agreement for the City and Sound Transit to execute a subsequent Agreement outlining the responsibilities of the parties to identify and construct an appropriate transit oriented development (TOD) on the transit center site. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the agreement to full Council for additional discussion and decision. PROPOSED MOTION: "I move to authorize the City Manager to enter into the proposed Agreement between the City and the Central Puget Sound Regional Transit Authority pertaining to future transit oriented development on the transit center site." CITY MANAGER APPROVAL: ~._flv (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] OENIEO [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF Federal Way MEMORANDUM TO: FROM: VIA: DATE: SUBJECT: City Council Land Use and Transportation Committee Kathy McClung, Director of Communityt Development Services ~-~ Lori Michaelson, AICP, Senior Plannerr~q Moseley, City Manag~~ David H. January 12, 2004 Proposed Agreement between the City and Puget Sound Regional Transit Authority pertaining to future Transit Oriented Development (TOD) opportunities on Transit Center site. BACKGROUND The attached proposed Agreement has been prepared by City staff, in conjunction with Sound Transit, in order to provide opportunities for future "transit oriented development" (TOD) on the transit center site, and within certain timeframes related to occupancy of the completed transit center. The Agreement was contemplated in a previously approved Agreement between the partiesI (AG #01-99, attached, along with the legislative record approving the agreement), wherein Sound Transit voluntarily agreed (among other things) to design the transit center project and work cooperatively with the City to allow future TOD opportunities on the site, consistent with applicable policies and regulations of Sound Transit, the Federal Transit Administration, and the City of Federal Way. IThe July 9, 2001 Agreement between the City and Sound Transit (AG #01-99, attached) established the intent of the Parties to provide future TOD opportunities on the site. In addition it addressed on and off-site transportation improvements, storrnwater management, project design, and mitigation of project impacts related to the transit tenter project. The proposed Agreement establishes a process to obtain a TOD developer(s); clarifies the responsibilities of the Parties in this effort; and provides contingencies in the event a developer(s) is not found or a project is not initiated within certain timeframes. The Agreement also addresses TOD-related landscaping and pedestrian amenities. The overall transit center project site includes approximately 6.9 acres. Two separate areas within the overall site have been set aside for future transit oriented development (TOD). These areas are identified and delineated in the Agreement and also reflected in the transit center building permit, currently under review by City staff. These include an approximate 30,800 square foot (SF) area, descfibed in the Agreement as the "East TOD' Property", and an approximate 21,700 SF area described as the "West TOD Property." Collectively the two areas are referred to in the Agreement as "the TOD Properties." II. KEY POINTS IN AGREEMENT 1) Definition of TOD A definition of"transit oriented development" (TOD) is provided in the Agreement and TOD proposals will be reviewed for consistency. The definition allows for a variety of uses, such as retail, office, service, residential, and other code-permitted uses that create an "active, functional and aesthetic pedestrian streetscape for purposes of separating the design and function of a parking structure from the public fight-of-way and pedestrian areas," and may support transit center patrons and/or the larger City Center consumer base. 2) TOD Development Opportunities ao The Agreement provides that Sound Transit will utilize it's best efforts, in consultation with the City, to obtain a qualified developer(s) who agrees to develop the TOD Properties within five (years) of occupancy. bo If Sound Transit's good faith efforts are not successful, Sound Transit will issue a Request for Proposals (RFP) at least twelve (12) months prior to anticipated occupancy of the transit center, at it's sole expense and in consultation with City; and the City may manage the RFP upon request to Sound Transit. 3) Conveyance of TOD Properties to City ao If a TOD developer(s) is not found within eighteen (18 months) of occupancy, or a developer is on board but construction has not commenced within five years of occupancy, Sound Transit will convey the "West TOD Property" to the City, and the City may exercise an option to purchase the "East TOD Property." Sound Transit will retain permanent utility, access, and signage easements over, across, and through properties conveyed to the City, and/or purchased by City, and the purchase price for the east TOD is established as Sound Transit's original purchase price less the value of the easements. No conveyance shall be required prior to eighteen (18). months after occupancy. 4) Landscaping of TOD Properties Exhibit '~" to the Agreement describes the landscaping that must be provided on the TOD Properties concurrent with occupancy of the transit center/parking structure. This can be considered "interim" landscaping of the TOD Properties, pending their future development. The intent of the interim landscaping is to maintain project aesthetics and site safety by providi,n,~,v, isual relief while maintaining clear sight lines across the site. Exhibit ~': describes the "permanent" landscaping and pedestrian amenities which must ultimately be provided within the TOD Properties concurrent with TOD development or, absent such development, it shall be installed by Sound Transit no later than five years after occupancy, plus three months to allow for submittal and review of the landscape plan. The permanent landscaping will provide additional trees, shrubs, and pedestrian amenities. III. SUMMARY AND RECOMMENDATION As noted above, the proposed TOD Agreement is consistent with the policies and regulations of Sound Transit, the Federal Transit Administration, and the City of Federal Way. In particular, the Agreement will promote a number of Federal Way Comprehensive Plan (FWCP) goals and policies for future urban-scale development and densities in the City Center. The TOD Agreement was also contemplated in a previous 2001 Agreement between the parties (AG #01-99, attached) and in the City's recent approval of the Federal Way Transit Center. Staff recommends that the City Council authorize the Agreement to provide for future TOD opportunities on the Transit Center site. ~M~EE REPORT: Jack Dovey, Chair Michael Park, Member Eric Faison,' Member Attachments: Transit Oriented Development Agreement 2001 Interlocal Agreement (AG #01-99) and legislative record approving the Agreement SUMMARY OF AGREEMENT (2 PAGES) PRESENTED BY STAFF AT LUTC MEETING 1/12/04 TRANSIT ORIENTED DEVELOPMENT (TOD) AGREEMENT CITY AND CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY PURPOSE OF AGREEMENT DRAFT -PROVIDE A FRAMEWORK FOR TOD DEVELOPMENT TO OCCUR ON THE TRANSIT CENTER PROPERTY IN TWO AREAS SET ASIDE FOR SUCH DEVELOPMENT ("WEST" AND "EAST" TOD PROPERTIES). -IDENTIFY RESPONSIBILITIES OF THE PARTIES AND ASSOCIATED TIMEFRAMES. KEY COMPONENTS -IDENTIFIES SPECIFIC ACTIONS WHICH MUST BE UNDERTAKEN BY SOUND TRANSIT TO OBTAIN A DEVELOPER WHO WILL DEVELOP THE TOD PROPERTY WITHIN FIVE YEARS OF OCCUPANCY OF THE TRANSIT CENTER. -ADDRESSES LANDSCAPING OF THE TOD PROPERTIES UNTIL DEVELOPED. -IF NO DEVELOPMENT OF "WEST TOD", IT WILL BE CONVEYED TO CITY. -IF NO DEVELOPMENT OF "EAST TOD", CITY CAN PURCHASE IT, BUT CITY IS NOT OBLIGATED TO DO SO. TRANSIT ORIENTED DEVELOPMENT (TOD) AGREEMENT KEY RESPONSIBILITIES & TIMING (1) MORE THAN TWELVE MONTHS BEFORE OCCUPANCY Sound Transit will exert its best efforts, in consultation with the City, to obtain qualified developer(s) who will agree to develop the "TOD Properties" within five years of occupancy. (2) TVVELVE MONTHS BEFORE OCCUPANCY If developer(s) not obtained, Sound Transit shall issue a Request for Proposals (RFP). Sound Transit bears expense of RFP process; consults with City on RFP; and City can manage RFP upon request. (3) AT TIME OF OCCUPANCY Sound Transit will install "interim" landscaping of TOD properties (Ex. C). (4) EIGHTEEN MONTHS AFTER OCCUPANCY If no TOD developer on board, Sound Transit will convey "West TOD" to City, and City may exercise option to purchase "East TOD". (5) FIVE YEARS AFTER OCCUPANCY If developer on board but construction not begun, same as #4, above ("West TOD" conveyed to City and City may purchase "East TOD"). Also Sound Transit must install "permanent" landscaping (Ex. D), allowing a 3- month plan review period before installing. (6) LANDSCAPING OF TOD PROPERTIES AT TIME OF TOD DEVELOPMENT Landscaping requirements for TOD properties concurrent with TOD development will be applied per City Code requirements. PROPOSED AGREEMENT BETWEEN THE CITY AND PUGET SOUND REGIONAL TRANSIT AUTHORITY PERTAINING TO FUTURE TRANSIT ORIENTED DEVELOPMENT oPPORTUNITIES ON THE TRANSIT CENTER SITE AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR FUTURE DEVELOPMENT OF TRANSIT ORIENTED DEVELOPMENT AT THE FEDERAL WAY TRANSIT CENTER THIS AGREEMENT is made and entered into this day of ,2003 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit") and the CITY OF FEDERAL WAY ("City"), a municipal corporation, (hereinafter collectively, the "Parties"), regarding the development of a transit center project ("Project"). RECITALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112 RCW and has all powers necessary to implement a high capacity transportation system and has the power to contract pursuant to RCW 39.33.050; and WHEREAS, the City is a municipal.corporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns; and WHEREAS, the Parties have authority under RCW 39.34 to enter into an interlocal agreement to jointly and cooperatively exercise their powers and under RCW 39.33 to dispose of real property; and WHEREAS, central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter rail, and regional express bus/high occupancy vehicle systems that will be integrated with local transit systems; and WHEREAS, on November 26, 2002, Sound Transit submitted a master land use application for development of the Federal Way Transit Center, an Essential Public Facility/Class 1, which includes a transit platform with up to 14 bus bays and bus layover Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) areas, a parking garage for up to 1,200 stalls on up to five levels, a pedestrian bridge, passenger amenities, roadway improvements, landscaping and public art, application number 02-105-346, hereafter the "Project".; and WHEREAS, the Project is located in the City on approximately seven acres of property at the southwest comer of South 316th Street and 23rd Avenue South and legally described in Exhibit "A", attached and incorporated herein; and WHEREAS, on December 23, 2002, the City deemed the Project application complete pursuant to Federal Way City Code ("FWCC" or "City Code") 22-434; and WHEREAS, on September 26, 2001, a NEPA Environmental Assessment ("EA") was issued for the Project and Sound Transit, asthe lead agency, adopted the EA and issued a Determination of Nonsignificance ("DNS") on March 6, 2002, and this determination was subsequently upheld on appeal by the King County Superior Court on March 17, 2003; and WHEREAS, the City approved the Project in a final decision issued by the Federal Way City Council on November 18, 2003 as indicated in Resolution No. 03-404; and WHEREAS, pursuant to FWCC 22-1, the Project is classified as an Essential Public Facility/Class I (regional transportation facility/transit center) and is, therefore, subject to the review criteria described in FWCC 22-946.1(b) and is not subject to the specific regulations described in the underlying City Center-Core zone; and WHEREAS, Sound Transit and the City executed an agreement on July 9, 2001 as filed with the City under AG 01-99, whereby Sound Transit agreed, in part, to voluntarily design the Project to provide an opportunity for transit oriented development ("TOD") consistent with applicable policies and regulations of Sound Transit, the Federal Transit Administration, and the City; and WHEREAS, the Sound Transit Board of Directors has adopted TOD policies with Motions No. 98-25 and M99-60, encouraging the development of transit supportive development at transit hubs; and WHEREAS, consistent with its voluntary commitment to provide future TOD development opportunities, Sound Transit identified "potential future transit oriented development" areas on the Project site plan; and WHEREAS, the Parties desire to clarify their respective commitments for future TOD adjacent to the Project site by this .Agreement and acknowledge that any future TOD that may occur adjacent to the Project site will be evaluated separately from the Project application process for appropriate permits and environmental review under the State Environmental Policy Act and is not a part of the current review process for the Project. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) NoW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows: AGREEMENT 1.0 DEFINITIONS 1.1 Transit Oriented Development ("TOD"): In the context of this Agreement, the term TOD represents those uses consistent with requirements of FWCC 22-1634 through 22-1637, 22-1638(c), and 22-1639, for ground floor activities along street frontages associated with the Project and Sound Transit's TOD policies as provided in Sound Transit Board Motions 98-25 and M99-60. Such activities may include but are not limited to retail, office, service and other allowed uses that create an active, functional and aesthetic pedestrian streetscape for purposes of separating the design and function of a parking structure from the public right- of-way and related pedestrian areas. TOD activities contemplated by City Code may also be intended for use by a larger city center consumer base. 1.2 East TOD Property: That area as depicted on Exhibit "B" consisting of approximatelY30,834 square feet and intended for future TOD uses. 1.3 West TOD Property: That area as depicted on Exhibit "B" consisting of approximately 20,669 square feet and intended for future TOD uses. 1.4 TOD Properties: Refers to the East and West TOD ProPerty collectively. 2.0 TOD DEVELOPMENT RESPONSIBILITIES 2.1 Procedures Sound Transit shall design and construct the Project consistent with the final plans and approvals issued by the City to allow development of future TOD opportunities on the TOD Properties and pursuant to applicable City Code requirements. Bo Subsequent to issuance of a final decision approving the Project with terms and conditions acceptable to Sound Transit, .Sound Transit shall exert its best efforts, in consultation with the City, to obtain a qualified developer(s) who will agree to develop the TOD Properties within five (5) years of occupancy of the Project, consistent with Sound Transit's adopted policies for TOD development. In the event that Sound Transit determines, in its sole judgement, that a qualified TOD developer cannot be obtained Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 2.2 Do Eo through these good faith efforts, Sound Transit shall prepare and issue a Request For Proposals ("RFP"), at its sole expense and in consultation with the City, for development of the TOD Properties consistent with all applicable federal, state and local policies and regulations and at least twelve (12) months prior to the anticipated occupancy of the Project. Sound Transit shall, within eighteen months of issuance of the Certificate of Occupancy for the Project, (1) secure a commitment from a qualified developer, who will agree to develop the TOD Properties within five (5) years of occupancy of the Project; or (2) convey the TOD Properties pursuant to Section 1.2 of this Agreement. If requested by Sound Transit, the City shall serve as lead agency for purposes of managing the RFP process. In conjunction with construction of the Project, Sound Transit shall design and construct utilities and pedestrian connections within the Project property in such a manner so as to allow future utility and pedestrian connections to the TOD Properties consistent 'with the final plans as approved by the City. In conjunction with the construction of the Project, Sound Transit shall prepare and submit a landscape plan for the TOD Properties consistent with Project Landscape Standards attached as Exhibit "C". In the event that Sound Transit is not able to secure a commitment from a qualified developer for the TOD Properties within eighteen (18) months of issuance of the Certificate of Occupancy for the Project, or in the event the developer does not commence construction on the TOD Property within five (5) years of occupancy pursuant to Sections 2.2 A or B, Sound Transit shall prepare and submit within twenty-one (21) months of issuance of the Certificate of Occupfincy, or within sixty-three (63) months of occupancy in the event the developer does not commence construction, a landscape plan for the TOD Properties consistent with the TOD Properties Landscape Standards attached as Exhibit "D" and incorporated by reference herein. The City shall review and approve the landscape plans expeditiously and Sound Transit shall implement the approved landscape plan pursuant to City Code as provided in the final approval issued by the City by installing the approved landscaping and improvements within 45 days of City approval, or some other timeframe as mutually agreed between the Parties. Conveyance of TOD Properties A. West TOD property Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) In the event that Sound Transit is not able to secure a commitment from a qualified developer within eighteen (18) months of.issuance of the Certificate of Occupancy for the Project,' who wili agree to develop the West TOD ?roperty within five (5) years of occupancy of the Project, on temps and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the West TOD Property within five (5) years of occupanc;¢ of the Project, Sound Transit shall convey the West TOD Property to the City consistent with all applicable federal, state, and local policies and regulations for such conveyances, the terms of this Agreement, and for valuable consideration in the form of the City's assurance that any future development of the West TOD Property will be consistent with the definition of TOD in this Agreement. Sound Transit shall retain permanent utility, access, and signage easements over across and through the West TOD Property as necessary for Sound Transit's continued use and enjoyment of the Project property. B. East TOD Property In the event that Sound Transit determines within eighteen (18) months of issuance of the Certificate of Occupancy for the Project that it is not able to secure a commitment from a qualified developer, who will agree to develop the East TOD Property within five (5) years of occupancy of the Project on terms and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the East TOD Property within five (5) years of occupancy of the Project, Sound Transit shall provide the City with written notification of its determination and the City may, in its sole discretion and within ninety (90) days of such written notification from Sound Transit, exercise, an option to purchase tt~e East TOD Property consistent with all applicable federal, state, and local policies and regulations for such conveyances, the terms of this Agreement, and for valuable consideration in the form of the Ci-ty's assurance that any future development of the East TOD Property will be consistent with the definition of TOD in this Agreement and payment by the City to Sound Transit in the amount of Sound Transit's original purchase price, less value of permanent utility, access, and signage easements over, across and through the East TOD Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually determined by the Parties. Co The Parties agree that any development that is allowed to occur on the TOD Properties shall be consistent with the definition of TOD as described in this Agreement and will assure that any conveyances shall be made subject to this requirement. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) Notwithstanding any other section of this Agreement, the Parties agree that Sound Transit shall not be required to convey the TOD Properties to the City until eighteen (18) months after the Certificate of Occupancy has been issued by the City for the Project. 2.3 Additional Agreements The Parties agree to make every reasonable effort to cooperate in good faith with each other to negotiate and execute such additional agreements as may be necessary to complete the TOD Property conveyances described in this Agreement. 3.0 LEGAL RELATIONS The City and Sound Transit shall comply, and to the best of their respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf of the City and shall not be deemed or construed to be employees or agents of Sound Transit in any manner whatsoever. Likewise, in performing work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit and shall not be deemed or construed to be employees or agents of the City in any manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer or employee of the other by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the other. The City shb. ll be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit harmless therefrom; Sound Transit shall be solely responsible for any claims for wages or compensation by Sound Transit employees, agents, and representatives, including consultants, and save and hold the City harmless therefrom. To the maximum extent permitted by law, the City agrees to indemnify and hold harmless Sound Transit and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or.contemplated to be performed by the City under this Agreement, and for any failure to satisfy the City's contractual obligations under this Agreement, except to the extent caused by the negligence of Sound Transit. The City further agrees to assume the defense of Sound Transit and its officers, officials, and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) employees, with legal COunsel acceptable to Sound Transit, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and the City shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound Transit, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. To the maximum extent permitted by law, Sound Transit agrees to indemnify and hold harmless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense of the City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of the City. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. SOUND TRANSIT'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE'CASE OF SUCH CLAIM. 4.0 4.1 DISPUTE RESOLUTION Sound Transit and the City will work collaboratively to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. mo The Designated Representatives, as identified in this Agreement, shall communicate regularly to discuss the status of the task to be performed and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the term of this Agreement. Bo Each Designated Representative shall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days of receiving the written notice in an attempt to resolve the dispute. Co In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or his/her designee and the City's Director of Community Development Services or his/her designee shall meet and engage in good faith negotiations to resolve the dispute. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or designee and the City Manager or designee shall meet and engage in good faith negotiations to resolve the dispute. The Parties agree that they.shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit~TOD Agreement 12.08.03 (final) $.0 MISCELLANEOUS PI,IOVISION Termination Unless extended by mutual xvritten agreement, this Agreement shall terminate upon satisfactory completion oF all the responsibilities described in this Agreement, or upon conveyance of thc TOD Properties as described in this Agreement, whichever shall occur last. 5.2 Notice All notices or requests required or pe~Tnitted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date ~vhen delivered or faxed (provided the fax machil~e has issued a printed confirmation of receipt). All notices or requests shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: To the City: Address: Phone: Fax: City of Federal Way Attn: Kathy McClung, Director of Community Development Services 33530 First Way South Federal Way, WA 98003-6221 (253) 661-4107 (253) 661-4129 To Sottnd Trattsit: Address: Phone: Ftoc : Sound Transit Attn: Dan Eder, Project Manager 401 S. Jackson Street Seattle, WA 98104-2826 (206) 398-5024 (206) 398-5215 Each Party shall notify the other, in writing, of a change in the Party's respective Designated Representative. 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the same, whether by assigmnent or novation, without prior written consent of the other; provided, ho~vever, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit~TOD Agreement 12.08.03 (final) to abanl< trust company, orother financial institution without such approval. Notice any such assignment of claims For money duc or to become due to the City shall be J'urnishcd promptly to Sound Transit. 5,4 Recordin~ This AgrcclnCllt shall be recorded with thc Real Property Records Division of tho King County Records and Elections Department and shall be binding and inure to the benefit of the parties and their successors in interest. 5.5 Gov. erning Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State' of Washington. 5.6 Severability If any of the terms or provisions of this Agreement are determined to be invalid, such invalid tem~ or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid term or provision were not contained herein. 5.7 Warranty of Righ.t to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Agreement has authority to bind such person's respective entity. 5.8 Exhibits All exhibits referenced in and attached to tiffs Agreelnent are incorporated herein, except to the extent otherwise provided herein. 5.9 Entire Agreement This Agreement represents the entire agreelnent of the Parties with respect to all matters referenced herein. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 10 CENTRAI~ I'U(;l,7I~ SOUNI) RI'~(;I()NAI~ TRANSIT AUTHORITY ("SOUND TRANSIT") CITY OF FI~;I)i'}RAI~ \VAY: $~lllC Title David H. Mos¢lcy, City Manager Date Approved as to form: Date Attest: N. Christine Green, CMC Approved as to roma: Sound Transit Legal Counsel City Attorney, Patricia A. Richardson Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit~TOD Agreement 12.08.03 (final) 11 Parcel l,egal Description: Exhibit A KING COUNTY SHORT PLAT 1802027 Tax Parcel No. 092104-9021 Lot I of' King County Short Plat No. 182027, according to short plat recorded March 1984 under Recording No. 8403140752, in King Cotmty, Washington. Tax Parcel No. 092104-9057 Lot 2 of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington. KING COUNTY SHORT PLAT 480019R Tax Parcel No. 92104-9176 Lot 2 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that portion conveyed to the City of Federal Way, for road, by deed recorded under Recording No. 20001215001690. Except that portion conveyed to the City of Federal Way, a Washington Municipal Corporation, under statutory warranty deed recorded December 18, 2002, under Recording No. 20021218002306. Tax Parcel No. 092104-9298 Lot 3 of King County Short Plat No. 4800l 9R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, .Washington; Except that portion conveyed to the City of Federal Way by deeded recorded under Recording No. 2001032300 1260. Tax Parcel No. 092104-9299 Lot A of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington. Except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20000807001 155. · Also except that portion conveyed to the City-of Federal Way by deed recorded under Recording No. 20020724000972. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) Exhibit C Project Landscape Standards INTRODUCTION The Project is located at the southwest comer of' South 316th Street and 23rd Avenue South, and is approximately 6.9 acres in size. The Project will include up to 14 bus bays, up to 1,200 stalls, bus layover areas, passenger boarding areas, operator restrooms and public restrooms, street improvements, and public art. DESIGN INTENT Context-sensitive landscaping is used throughout the project. Planting beds and landscape planters appropriate to screen facades and to delineate and enhance pedestrian areas are used around the foundation of the garage, sidewalks, plazas, and transit center areas, while an "open area" planting scheme is used in future TOD Property. PEDESTRIAN SCALE LANDSCAPING The sidewalks and plazas surrounding and adjacent to the Project combine to provide a linear theme of movement throughout the Project. Sidewalks along the east-west and north-south axes of the Project and along South 316th Street are delineated by distinct paving and scoring, and connect to plazas containing seating, scored and colored concrete, lighting, trash receptacles, bicycle racks, public art elements, and plantings. These features combine to create an organized, safe, and attractive sequence of pedestrian linkages and amenities throughout the Project. Sidewalks and plazas will be accented with pedestrian-scale landscaping typical to urban pedestrian areas, including architectural landscape planters, and structured, ornamental trees and shrubs that preserve sight lines into pedestrian areas. FACADE SCREENING Planting areas on the east and west i'acades of the parking structure are designed to meet Federal Way City Code (FWCC) Sec. 22-1565(c), Type III "visual buffer" landscape requirements, and include a variety of evergreen and deciduous trees interspersed with large shrubs and groundcover sufficient to soften the appearance of building elevations. · FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES The landscaping design for the TOD Properties is intended to be passive in character. Interim landscaping in the TOD Properties will provide visual relief and shading while maintaining clear sight lines across the site. Sod will be provided throughout the TOD Properties and will be punctuated by deciduous trees at one tree per- 3,500 square feet (a total of 15 trees) to create a passive, yet enjoyable, experience for both transit patrons and pedestrians. The interim landscaping will not be permanently irrigated; instead, Sound Transit will utilize temporary irrigation methods to properly maintain the sod and trees. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) Exhibit D TOD Properties Landscape Standards FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES The TOD Properties will be designed to meet the City's "Open Area" landscaping requirements and provide an interim, informal "park like" setting for the use and enjoyment of transit center patrons and the public. Landscaping in the TOD Properties will provide visual relief and shading while maintaining clear sight lines across the site. The TOD Properties shall provide full expanses of lawn punctuated with plantings with no unfinished areas. The East TOD Property shall include a total of 20 trees (including 9 previously installed) surroun, ded by compact shrubs, and pedestrian amenities including two benches placed at appropriate locations in relationship to other site improvements and with pedestrian linkage between benches and adjacent pedestrian areas. The West TOD Property shall include 10 trees (including 6 previously installed) surrounded by compact shrubs. All lawn areas will be irrigated, but xeriscape techniques are encouraged and trees and shrubs may be grouped to minimize irrigation while maintaining the landscape intent. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) JULY, 2001 AGREEMENT (AG #01-99) BETWEEN THE CITY AND PUGET SOUND REGIONAL TRANSIT AUTHORITY FOR DEVELOPMENT OF A TRANSIT CETNER, PARKING STRUCTURE AND FREEWAY ACCESS; AND LEGISLATIVE RECORD APPROVING THE AGREEMENT AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR DEVELOPMENT OF A TRANSIT CENTER, PARKING STRUCTURE AND FREEWAY ACCESS THIS AGREEMENT is made and entered into this day of ,2001 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"), 401 S. Jackson Street, Seattle, Washington 98104 and the CITY OF FEDERAL WAY, ("City"), a municipal corporation, hereinafter collectively, the "Parties", regarding the development of a transit center, parking structure and freeway access. RECITALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112 RCW and has all powers necessary to implement a high capacity transportation system and has the power to contract pursuant to RCW 39.33.050; and WHEREAS, the City is a municipal &orporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns, and the City maintains a system of streets within its corporation boundaries; and WHEREAS, Sound Transit and the City have authority under RCW 39.34 to enter into an interlocal agreement to jointly and cooperatively exercise their powers; and WHEREAS, the central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter rail, and regional express bus/high occupancy vehicle ("HOV") system that will be integrated with local transit systems; and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure ORIGINAL WHEREAS, Sound Move includes four projects in the City of Federal Way area: Federal Way Transit Center,. Star Lake and Other Federal Way Park and Ride, I-5 ~320th, and I- 5 ~272nd Projects; and WHEREAS, Sound Transit Board of Directors, under Motion No. 2000-77 authorized renaming the Federal Way Transit Center Project the Federal Way Transit Center / Parking Structure Project, authorized re-allocation of budget from the I-5 ~320th, I-5 ~272nd and Star Lake / Other Federal Way Park-and-Ride Projects to the Federal Way Transit Center / Parking Structure Project, and established a new project budget of 30.6 Million Dollars; and WHEREAS, Sound Transit has been working closely with the City of Federal Way, City of Kent, the Washington State Department of Transportation and King County on the preliminary design and alternative evaluation of, the projects, and has selected a staff preferred alternative which includes a transit center and a 1200-stall parking structure at the southwest comer of S. 316th Street and 23rd Avenue S., and a direct access ramp at S. 317th Street; and WHEREAS, Sound Transit has prepared a preliminary Environmental Assessment documenting the environmental effects of the Federal Way Transit Center / Parking Structure and the I-5 ~320th, where the transit center and parking structure component will be referred to hereinafter as the "Project"; and WHEREAS, preliminary design information and environmental data have been shared with the City and displayed in public meetings; and WHEREAS, the City has expressed its support of the preliminary design for the Project; and WHEREAS, the Sound Transit Board of Directors has adopted a Transit Oriented Development Policy with Motion No. 98-25, encouraging the.development of transit supportive development at transit hubs; and WHEREAS, the City is willing to allow the use of a certain regional detention pond downstream of the Project site for the Project's stormwater detention'purpose in exchange for Sound Transit's attempts to preserve space within the Project site for a future transit- oriented development; and WHEREAS, the City is in the process of implementing a street improvement project on 23rd Avenue S. in the vicinity of the Project; and WHEREAS, accelerating a portion of the Project to coincide with the City's 23rd Avenue S. street improvements would be financially advantageous and minimize construction impacts to the public, and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 2 WHEREAS, Sound Transit is required to obtain various approvals from the City prior to constructing the Project; and WHEREAS, Sound Transit is required to obtain the approval from State and Federal agencies for constructing the Project; and WHEREAS, the City and Sound Transit wish to ensure adequate analysis of the potential environmental effects of the P roj ect and the mitigation of any such effects, and wish to facilitate the future development of a transit-oriented development within and adjacent to the proposed transit center / parking structure if possible; and NOW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows: AGREEMENT I. SOUND TRANSIT RESPONSIBILITIES 1.1 Project Design 1.1.1 'Transportation Improvements Sound Transit will include in the Project's design, and in the Environmental Assessment's project description, a description of required mitigation measures to include the following: A new traffic signal at the intersection of 23rd Avenue S. and S. 316th Street, to ensure adequate pedestrian access to the transit center and parking structure. A new traffic signal at the intersection of 23rd Avenue S. and S. 317th Street, to ensure access and egress from the transit center and parking structure. 23rd Avenue S. frontage improvements to the Project site between S. 316th Street and S. 320th Street related to the Project as required by the Federal Way City Code. A future asphalt overlay of S. 317 Street pavement east of 23rd Avenue S. to address accelerated pavement wear as the result of additional traffic from the Project. In the event that the transit center and parking structure are completed before the new ramps are connected to I-5 at S. 317th Street, interim measures will be taken sufficient to mitigate impacts arising or resulting from operation of the transit center and parking structure in the absence of the ramps. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 1.1.2 Stormwater Management Sound Transit will include in the Project's design and will construct a stormwater treatment and detention system which meets the requirements of the Federal Way City Code (and the King County Surface Water Design Manual as incorporated therein), and which includes: (a) an on-site stormwater treatment facility capable of treating the runoff from the Project site and from the widening of that portion of 23rd Avenue S. draining to the Project site; and (b) an on-site underground stormwater detention facility capable of detaining two-acre feet of runoff; (c) a conveyance system sufficient to transport runoff from the Project site in excess of two-acre feet, runoff from 23rd Avenue S. Project site, and runoff from any future transit-oriented development on the Project site to the City's stormwater conveyance system downstream to the Project site. The on-site stormwater treatment facility will not provide treatment capacity for runoff from a future transit oriented development. To the extent possible, the on-site stormwater treatment and detention facility shall be sited in such a manner as to preserve sufficient space to enable future construction of a transit-oriented.development on land adjacent to 23rd Avenue S. between S. 317th and S. 316th Street. With respect to the stormwater detention, treatment and conveyance facilities described in this Paragraph, Sound Transit agrees to indemnify and hold the City harmless from any cost increases or damage claims of third parties pursuant to Section III of this Agreement. 1.1.3 Feasibility Analysis of Transit-Oriented Development ("TOD") / Agreement mo Sound Transit shall design the parking structure to include such ground-level retail and/or other transit-oriented development as consistent with and as required by the City Code. Bo Sound Transit and the City will prepare and execute an agreement outlining a cooperative effort to identify an appropriate development-that could be placed on the Project site and complements the transit center and parking structure. Co The agreement will also outline a potential approach whereby the Parties would identify a TOD developer and offer an opportunity to contract for developing a TOD consistent with Sound Transit Board, Federal Transit Administration ("FTA") and City policies and appropriate laws and regulations. Do The Parties agree that if Sound Transit enters an agreement with a TOD developer that requires the developer to make payment(s) for use of the property, the income will be divided between Sound Transit and the Ciiy in proportion to each respective agency's contribution or credit toward the TOD after deduction of any grant related repayment, if any. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure E. The Parties acknowledge that any TOD development at the property may be subject to Federal Transit Administration review and approval. 1.2 Environmental Review Sound Transit will respond to agency comments and submit the Environmental Assessment ("EA") to the FTA and Federal Highway Administration requesting a Finding Of No Significant Impact ("FONSI") for the Project. Sound Transit will adopt the EA for State Environmental Policy Act "SEPA" compliance. The City acknowledges that Sound Transit is currently the lead agency for the Project and that pursuant to WAC 197-11-600, there can only be one lead agency at a time or nominal lead agency for SEPA compliance per project. The City acknowledges that pursuant to WAC 197-11-600(4)(a), the City may not subsequently and independently adopt the EA. If the City is not ~isfied that the EA and Sound Transit's adoption of the EA fully address the impacts .of the ProJect, .the Parties acknowledge that the City retains all of its remedies as provided '/hr m ~/AC 197-11-600 including the right to assume lead agency status. 1.3 Design and Review Process Sound Transit will continue to collaborate with the City to complete design and contract documents for the Project. Specifically: Bo Prior to any construction of the Project, Sound Transit will apply for and obtain all land use and building permits required by the City Code, and will build the Pi-oject i~_n __ accordance with the Code and any conditions of such land use and building permits. Sound Transit will utilize existin.g preliminary design documents as the basis for final design, and will incorporate into the final design the design features identified through the design charette. Sound Transit will provide the City drafts of final design documents at key review stages, an opportunity to comment, and will incorporate revisions reasonably requested by the City for incorporation into the final design documents to the extent that such revision(s) do not adversely impact the Project budget or compromise essential elements of the design. Revisions required by federal, state, local laws and regulations (including the City Code) will be incorporated. Co Sound Transit will investigate and explore with the City the possibility of designing the parking garage to accommodate a building above the garage. The City would be responsible for additional enviromnental analyses, documentation and processes under NEPA and/or SEPA, and the subsequent design, permitting and construction at a later date. If the Parties mutually agree such a structure is feasible, and if the Parties enter into a separate agreement setting forth cost allocations, design and other Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 1.4 A. Bo Co 2.1 2.1.1 A. parameters, then Sound Transit will make appropriate revisions to design documents to accommodate a building above the parking garage. Any changes to design documents requested by reviewing agencies shall be subject to review and approval by the City. In no case will a project revision be made that conflicts with the Environmental Assessment or FONSI or the SEPA adoption without applicable revisions as may be required by law to the Environmental Assessment or FONSI or SEPA adoption. Cost Responsibility Sound Transit agrees to pay the City $569,000.00 to make improvements to 23rd Avenue S., includingnew traffic signals at S. 316th Street and S. 317th Street as well as frontage and capacity improvements between S. 316th Street and S. 320th Street. Of this amount, up to $69,000.00 is available for right-of-way acquisition~ with the ultimate total to be determined by Sound Transit based upon the per-square-foot value of the Project site paid by Sound Transit. The payment shall be due within 30 days upon receipt of properly submitted invoices based on work completed. Sound Transit agrees to pay the City $387,000.00 toward the City's cost of addressing the off-site impacts of the Project on congested intersections identified in Exhibit A. This payment shall be paid prior to and as a condition of issuance of the Project's building permit approval. Sound Transit agrees to pay the City $60,000.00 toward the City's asphalt pavement overlay program for the Project's impact on the S. 317th Street pavement east of 23rd Avenue S. This payment shall be paid prior to and as a condition of issuance of the Project's building permit approval. ' II. FEDERAl; WAY RESPONSIBILITIES Project Design Transportation Improvements The City will undertake the design and construction of improvements to 23rd Avenue S. and S. 317th Street described in Section 1.1.1 that are being partially funded by the Project budget. The design will be coordinated with Sound Transit's consultant designing the Project's on-site improvements and the freeway ramps at S. 317th and I- 5. All reasonable effort will be made to ensure that the construction of 23rd Avenue S. improvements are coordinated with on-site construction and that the 23rd Avenue South construction is complete prior to the scheduled opening of the Project. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 6 Co The City also agrees to undertake those improvements under Paragraph 1.4(B) and (C) .above. Payments made under paragraph 1.403) are subject to RCW 82.02.020, which provides for voluntary agreements to fund improvements that mitigate direct project impacts. The City agrees to use its best efforts to complete the improvements identified in Exhibit A within 5 years, as specified in RCW 82.02.020. However, if the City is unable to do so, it will notify Sound Transit in writing prior to the expiration of 5 years and inform Sound Transit of the City's anticipated implementation schedule and its reasons for delay. If the City cannot reasonably complete the improvements identified in Exhibit A within 5 years of the date of the City's receipt of the last payment as set forth in Paragraph 1.4 above, then pursuant to section 19-46 (b) (5) of the City Code, Sound Transit waives and releases its rights to receive a refund of fees paid or interest thereon that it might otherwise may be entitled to claim under RCW 82:02.020; provided, however, that such improvements are constructed by 2010. 2.1.2 Stormwater Management / Transit Oriented Development Ao The City will make its regional detention system available to the Project, without cost to Sound Transit, for detention of runoff in excess of two acre-feet on-site underground detention facility proposed for the Project. Bo The City will assist in developing a TOD agreement with Sound Transit that would outline the cooperative effort to identify an appropriate development that fits the TOD site and complements the transit center and parking structure. C. If appropriate, the City would become a party to the agreement between Sound Transit and the TOD developer.. 2.2 Environmental Review The City will conduct environmental review under SEPA for the Project, and improvements identified in-Paragraph 1.403) and (C) above. 2.3 Design and Review Process The City agrees to give priority to reviewing design documents of the Project, along with the I-5~320th project prepared by Sound Transit's design consultants; except that if Sound Transit desires expedited review of land use or building permits for the Project such expedited review will be at Sound Transit's sole cost. The City will facilitate the issuance of applicable administrative permits for the construction of the Project. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure The City will collaborate with Sound Transit to finalize the design, address agency requirements and public feedback, consistent with the other provisions of this Agreement. The City acknowledges ihat, except as provided otherwise in this Agreement, Sound Transit is not legally required to budget funds in excess of $30.6 Million Dollars to cover potential cost increases in the Project. 2.4 Cost Responsibility The City agrees tO design and construct the improvements to 23rd Avenue-S. and S. 317th Street herein described and hold harmless Sound Transit from any cost. increases or damage claims of third parties. Bo The City agrees to waive all charges from the Project for the usage of regional detention pond downstream of the Project site in exchange for preserving a portion of the Project site for a future transit oriented development. Co The City and Sound Transit will jointly review grant funding opportunities and the City will take the lead to apply for grants for which money could be used to pay for the Project. III. LEGAL RELATIONS The City and Sound Transit shall comply, and to the best of their respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf of the City and shall not be deemed or construed to be employeeb or agents of Sound Transit in any manner whatsoever. Likewise, in performing work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit' and shall not be deemed or construed to be employees or agents of the City in any manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer 6r employee of the other by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the other. The City shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit harmless therefrom; Sound Transit shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold the City harmless therefrom. To the maximum extent permitted by law, the City agrees to indemnify and hold harmless Sound Transit and its officers, officials, employees and/or agents, from and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or serVices required or contemplated to be performed by the City under this Agreement, and 'for any failure to satisfy the City's contractual obligations under this Agreement, except to the extent caused by the negligence of Sound Transit. The City further agrees to assume the defense of Sound Transit and its officers, officials, and employees, with legal counsel acceptable to Sound Transit, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or serVices, and the City shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound Transit, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S .INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. To the maximum extent permitted by law, Sound Transit agrees to indemnify and hold harmless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense of the City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 9 settlem6nt completely and forever extinguishes any and all liability of the City. In the. event of litigation between the parties to enforce' the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. SOUND TRANSIT'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. IV. DISPUTE RESOLUTION Sound Transit and the City will work collaboratively to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. The Designated Representatives, as identified in Paragraph 5.2 below, shall communicate regularly to discuss the status of the task to be performed and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the term of this Agreement. Each Designated Representative khall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days of receiving the written notice in an attempt to resolve the dispute. Co In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or his/her designee and the City's Public Works Director or his/her designee shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or designee and the City Manager shall meet and engage in good faith negotiations to resolve the dispute. Sotmd Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 10 E. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. V. MISCELLANEOUS PROVISION 5.1 Termination Unless extended bY mutual written agreement of Sound Transit and' the City, this Agreement shall terminate only upon completion of the all of the following steps: (a) final acceptance of the Project as evidenced by the execution of a final contract voucher certification by the City and the Contractor for the Project; (b) disbursement by Sound Transit of the final payment to the Contractor; (c) proof of payment by Sound Transit of all sums required to be paid to the City by this Agreement; and (d) proof of Sound Transit's completion of all obligations required under this Agreement. 5.2 Notice All notices or requests required or permitted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date when delivered or faxed (provided the fax machine hasissued a printed confirmation of receipt). All notices or requests shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: To the City: Address: Phone: Fax: City of Federal Way Attn: Cary Roe, P.E. 33530 First Way South Federal Way, WA 98003-6221 (253) 661-4131 (253) 661-4129 To Sound Transit: Address: Phone: Fax: Each Party shall notify the other, in writing, Designated Representative. Sound Transit Attn: Vicki Cannard, Project Manager 401 S. Jackson Street Seattle, WA 98104-2826 (206) 398-5024 (206) 398-5215 of a change in the party's respective Sotmd Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 11 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the Same, whether by assigmnent or novation, without prior written consent of the other; provided, however, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned to a bank, trust company, or other financial institution without such. approval. Notice of any such assignment of claims for money due or to become due to the City shall be furnished promptly to Sound Transit. 5.4 Governing Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. 5.5 Severability If any of the terms or provisions of this Agreement are determined to be invalid, such invalid term or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid term or provision were not contained herein. 5.6 Warranty of Right to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Amendment has authority to bind such person's respective entity. 5.7 Exhibits All exhibits referenced in and attach&l to this Agreement are incorporated herein, except to the extent otherwise provided herein. 5.8 Entire Agreement This Agreement represents the entire agreement of the Parties with respect to all matters referenced therein. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 12 CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT") Title Date roved as to form,,;] Soufid.Transit Lffgfi] Counsel ( CITY OF FEDERAL WAY: Attes.ff ? t'~~~ N. Christine Green, CMC Approved as to form: City Attorney, Bob C. Sterbank Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 13 Exhibit "A" Offsite Project Impacts 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. SR-99 at S 320th Street SR-99 HOV Lanes Phase I- S 312th Street - S 324th Street 23rd Avenue S - S 317th Street - S 324th Street SR-99 at S 330th Street S 312th Street at 14th Avenue S SR-99 HOV Lanes Phase II - S 324th Street - S 340th Street S 336th Street at Weyerhaeuser Way S S 320th Street at 1st Avenue S S 312th Street at 8th Avenue S S 320th Street HOV Lanes Phase I - 8th Avenue - SR-99 S 312th Street at 28th Avenue S S 320th Street at 20th Avenue S S 336th Street at 9th Avenue S S 336th Street at 1st Way S SW 312th Street - 1st Avenue S - SR-509 FEDERAL WAY TRANSIT CENTER 2001 TRANSIT CENTER~ PARKING STRUCTURE AND FREEWAY ACCESS AGREEMENT May 3, 2002 LUTC MEETING February 21,2001 CITY COUNCIL MEETING March 20, 2001 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: Minutes for March 20, 2001 regular meeting. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a CITY MANAGER RECOMMENDATION: Move approval of the official minutes. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERREI)/NO ACTION COUNCIL BILL 1st Reading Enactment Readiug ORDINANCE # RESOLUTION # I: [COVER. CLERK- 1/7/0 0 II. HI. AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall March 20, 2001 - 7:00 p.m. Omvw. ci.f ederaI-way, wa. usa CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS SPIRIT Award/Month of March Proclamation/Sister City Tonghae Incorporation Anniversary_ Proclamation/Camp Fire's Absolutely Incredible Kids Dax Parks/Recreation Commission Introductions/Certificates City Manager/Introduction of New City Employees City Manager/Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & ~RESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citiz enx may address City Council at this time. When recognized by tile Mayor, please come forward to lhe podiutn, adjust tile microphone to proper height, and state your name and address for tile record. PLEASE LIMIT YOUR REtIIARKS TO THREE (31 MINUTES. 7he Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA (Itetns listed below havc been previously reviewed by a Council Contntitte¢ of thrce members attd brought before full Council for approval; all itettls },,ill be euacted by one tnotiotu individual items thcO, be removed by a Counciltnemberfor separate discussion attd subsequent tnotion. ) do Minutes/March 6~ 2001 _Regular Meeting BPA Trail Phase Ill/Trail Construction/Bid Award 23~a Ave S. Road hnprovcments Project - 100% Design Approval and Authorization to Bid Chamber 2001 Tourism Service Amendment o vet please... FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall March 20, 2001 - 7:00 p.m. MINUTES CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:02 p.m. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan, Eric Faison. City staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Deputy Mayor Kochmar lead the flag salute. III. PRESENTATIONS a. SPIRIT Award/Month of March City Manager Moseley presented this month's SPIRIT award to recipients Jean Porter, Sun So and Judy Dunker of the city's Human Resources Division, for their outstanding performance in providing service and assistance to all city departments in the area of recruitment and selection. In addition, they have worked extremely hard at innovation, thus creating efficiencies and eliminating paperwork whenever possible; they have also relied on many forms of technology to streamline processes to provide city staff greater access to employee information. b. Proclamation/Sister City Tonghae Incorporation Anniversary on April 1, 1980 Deputy Mayor Linda Kochmar read and presented the proclamation to Brian Picard, Vice- President of the Federal Way Sister City Association. c. Proclamation/Camp Fire's Absolutely Incredible Kids Day - Mai-ch 15m Deputy Mayor Linda Kochmar read and presented thc proclamation to Leader Karcn Ramsey and two 4~ grade students from Green Gables Elementary Camp Fire group. Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 2 of 6 d. Parks/Recreation Commission Introductions/Certificates Councilmember Jeanne Burbidge introduced and presented new Commissioner John Morrison with his appointment certificate. e. City Manager/introduction of New City Employees Mr. Moseley announced the following new staff hires for the city: Carolyn Davis (Law Department); Stan Osborn and George Richen (Parks Maintenance); and Mike Brewer (Public Works Department/Surface Water). f. City Manager/Emer igkqg Issues City Manager Moseley introduced Chief Anne Kirkpatrick who provided an update on police response to citizen concerns related to activities involving a specific residence in their immediate neighborhood. , IV. CITIZEN COMMENT Barbara Reid - President-elect of the Federal Way Symphony, fllanked the Council for their continued funding of symphony programs, and announced the symphony will be relocating their future productions to St. Lukes Church. Chuck Schukar - a resident of tile Steel Lake area, spoke in favor of consent item (h), and urged the Council to approve tile proposed agre~.ment for waterfowl management as soon as possible since time is of the essence with the close arrival of this year's nesting season. Lori Geogeson - expressed her concerns about the activities of a residence in her neighborhood; she was advised the city's Police Department are well aware of the situation, and will be scheduling a block watch meeting for neighborhood residents in the very near future. CONSENT AGENDA Minutes/March 6, 2001 Regular Meeting - Approved BPA Trail Phase III/Trail Construction/Bid Award - Approved 23'a Ave S. Road Improvements Project - 100% Design Approval and Authorization to Bid - Approved Chamber 2001 Tourism Service Amendment - Approved -~ 2000 Tourism Enhancement Grant Award - Approved 2001-02 Domestic Violence Advocacy RFP - Approved Jail lnterlocal A_6_greemenqCit¥ of Fife - Approved 2001 lnterloeal Agreement for Waterfowl Management Program - Approved Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 3 of 6 Councilmember McColgan pulled consent item (c) for additional information. MOTION BY COUNCILMEMBER IIELLICKSON TO APPROVE CONSENT ITEMS (a), (b), (d), (e), (f), (g) and 0~); SECOND BY COUNCILMEMBER GATES. The motion passed as follows: Gates yes Burbidge yes Kochmar yes Park yes Hellickson yes Faison yes McColgan yes Consent item (c): Public Works Director Cary Roe provided a brief update on the 23~d Ave So road improvement Project. Deputy Mayor Linda Kochmar recused herself due to the fact her employer, Lakehaven Utility District, is involved with the project. MOTION BY COUNCILMEMBER MCCOLGAN TO APPROVE CONSENT ITEM (c); SECOND BY COUNCIL,MEMBER BURBIDGE. The motion passed as follows: Gates yes Burbidge yes Kochmar recused Park yes Hellickson yes Faison yes McColgan yes VI. INTRODUCTION ORDINANCE Council Bill ]/264/Amendments to FWCC Chapter Relating to Allowed Maximum Heights and other Miscellaneous Chang~ AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS MAXIMUM HEIGItTS AND OTHER MISCELLANEOUS CHANGES. Senior Planner Margaret Clark provided a briefing on the proposed ordinance amendments. MOTION BY COUNCILMEMBER MCCOLGAN TO MOVE THE ORDINANCE TO SECOND READING AND ENACTMENT AT THE REGULAR MEETING: ON APRIL 3; SEcoND BY COUNCILMEMBER FAISON. The motion passed as follows: Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 4 of 6 Gates yes Burbidge yes Kochmar yes Park yes Hellic~on yes Faison yes McColgan yes b. Council Bil_l #265/Sprint Wireless Site Lease/Franchise Agreement Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 99-359 AND THE NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO SPRINT SPECTRUM, L.P., A DELAWARE LIMITED PARTNERSHIP, TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATION CABLE WITHIN AND THROUGH THE CITY OF FEDERAL WAY. MOTION BY COUNCIl,MEMBER GATES TO MOVE THE ORDINANCE TO SECOND READING AND ENACTMENT AT TIlE REGULAR MEETING ON APRIL 3; SECOND BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Gates yes Burbidge yes Kochmar yes Park yes Hellickson yes Faison yes McColgan yes VII. CITY COUNCIL REPORTS Councilmember Gates reported on recent regional transit issues--she will be reporting later on the Metro/King County proposed capital facilities and services 6-year plan. She announced the next regular meeting of the Finance/Economic Development/Regional Affairs Committee will be on March 28, at 9:00 a.m. Councilmember Burbidge thanked the Arts Commission and city staff for the outstanding reception held prior to the Council meeting-the reception recognized arts funding recipients. She reported on the most recent South County Area Transportation Board meeting, and announced the Parks/ Recreation/Human Services/Public Safety Committee will meet on April 9, at 12:00 noon. Councilmember Hellickson thanked Chief Kirkpatrick and her staff for their quick response to 3576 Street area citizen concerns; he asked all residents of the area to be supportive of future block watch meetings scheduled by the Public Safety Department. Councilmember Faison said residents in his home area have also expressed concern for the welfare of the entire community-not only those in the 357m Street area. Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 5 of 6 Councilmember McColgan reported on his recent participation at the National League of Cities (NLC) Conference held in Washington D.C.; he said it provided an excellent opportunity to observe what other cities in tile nation are doing. He felt their meetings with U.S. Senators Patty Murray and Maria Cantwell were very productive. The next meeting of the Land Use/Transportation Committee will be held on April 2, at 5:30 p.m. Deputy Mayor Kochmar also reported on the NLC Conference-said it provided an excellent opportunity to lobby for future funding. She, too, felt the discussions with Senators Murray and Cantwell were extremely beneficial for our community. The Airport Communities Coalition will be meeting next week. Mayor Park echoed the remarks of Deputy Mayor Kochmar and Councilmember McColgan with respect to the recent NLC Conference. He reported the next meeting of the Sister City Association will be tomorrow, at 7:00 p.m.; the ~Economic Development Oversight Comnfittee will meet on March 28, at 8:00 a.m. VIII. CITY MANAGER REPORT City Manager Moseley reported the city's new Interactive Voice Response (IVR) system; it allows builders to use their touch/tone phone to schedule inspections; it will provide improved services for all customers. He thanked Informational Services and Community Development staff for their excellent job in establishing the service. He updated the Council on tile city's involvement in the regional e-Government Committee; there are nineteen other cities worhng together'to implement e-Government services regionally. Mr. Moseley announced the Public Safety Department will participate in the annual Special Olympics fund-raising event being sponsored by the Red Lobster Restaurants. The city's Wellness Committee will be recognized in June (during conference) by the Association of Washington Cities (AWC) for their outstanding participation and creation of staff programs during the past year. It will be the second year tile city has received special recognition-last year the Public Safety Department received an award for creation of their traffic school. The City Manager expressed appreciation to tile city's Public Safety Depamnent for their outreach support during the recent loss of the Des Moines police officer-our department donated officers to cover the City of Des Moines prior to and during the memorial services. City Manager Moseley announced the scheduled executive session has been canceled. Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 6 of 6 IX. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1)_(1) - Canceled Xo ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of 8:02 p.m. N. Christine Green, CMC City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 23ra Avenue S Road Improvements Project (S 316th to S 324th Street) - 100% Design Approval and Authorization to Bid -~X~-i~-~2.: ................................................................................. ~ 'b-i~-g¥ -i'~i,-A~/SY i ....................................................................... X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ Tacoma Public Utilities ILA; Lakehaven Utility District ILA; Sound Transit ILA; Memo to Council dated March 14, 2001. '-~ ~-I~i-i~IXR--9 ~'X i~'~ ig-ii ~ ~--O-i" "~ ~-i~ ~-~-d--~_ ~ '~'"× ~ ~ ~ h-~"-g-'P,'~' ~'~ '"i-ih-l~ ~-~; ~-~'~-/~ ~'~' -1~ ~ j~-~ ¥'~ ~-~ ~ ~ h'-'h~ ~'- been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: City Center~ beautification improvements, including utility underground conversion and construction of the downtown streetscape plan conforming to City Center Street Design Guidelines from I-5 to the easterly limit of the S 320t~ and SR-99 Improvement project. Sound Transit required frontage improvement along 23~a Avenue $. Tacoma Public Utilities Water Division 72" casing pipe. · Lakehaven Utility District water and sewer utility adjustment and pipe replacement. In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into Interlocal Agreements (ILA) with Sound Transit, Lakehaven and the Tacoma Public Utilities Water Division. Copies of the proposed ILAs for Lakehaven Utility District, Tacoma Public Utilities and Sound Transit are attached for your consideration. Staff seeks Council's authorization to enter into these agreements. In addition, the proposed Sound Transit Agreement that was presented and approved at the February 21st Land Use and Transportation Committee meeting has been revised due to ongoing negotiations with Sound Transit and as a result staff has prepared the attached memo which outlines the said revisions. interlocal agreements, is $9,905,362.00. This project is on budget and we anticipate bidding the project in late March and awarding in early May. All required right of way has been acquired. Construction will commence in May with an estimated substantial completion date in Spring 2002. Use and TranspOrtation Committee forwarded the follOwing recommendations: Approve the 100% design plans for the 23ra Avenue South Road Improvements Project. 2. Authorize staff to bid the project and return to the City Council in May for permission to award the project to the lowest responsive, responsible bidder. 3. Authorize entering into the proposed Interlocal Agreement with the Lakehaven Utility District for the 23r° Avenue South Road Improvements Project. 4. Authorize entering into the proposed Interlocal Agreement with the Tacoma Public Utilities Water Division for the 23ra Avenue South Road Improvements Project. 5. Authorize entering into the proposed Interlocal Agreement with Sound Transit for the 23ra Avenue South Road Improvements Project. Avenue South Road Improvements Project, and to authorize staff to bid the project and return to the City Council in May for permission to award the project to the lowest responsive, responsible bidder. Further to authorize entering into interlocal agreements with Lakehaven Utility District, Tacoma Public Utilities APPROVED FOR INCLUSION IN COUNCIL PACKET:I,l/~') ~ ¥ X' (BELOW TO BE COStPLET O B r c rr CLE 'S officE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\2001k23 ave 100%.doc COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # February 21, 2001 5:30 pm . City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers 2. 3. 4. MEETING AGENDA CALL TO ORDER Approval of Minutes of the January 22, 2001, Meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. 23rd Avenue South Road Improvements · Action Project (S. 316'h-S. 324'h Streets) - 100% Design Approval/Authorization to Bid Twin Lakes Neighborhood Traffic Safety Project Action Salloum/10 min Perez/10 min FUTURE MEETING AGENDA ITEMS 25% Nonconforming Street Issues 6. ADJOURN Committee Members: Dean Mc-Co/gan Jeanne Burb/dge Eric Fa/son CiO/Sta~' Kathy McClung, D/rector, Commun/o/ Deve/opment Services Sandy L yle, Administrative Assistant 2fi3.661.4116 I:\LU-TRA, I4S~Fet)ruary 21, 2001 LUTC AGN.doc Memo to Council From Cary Roe INSERT HERE CII'Y OF MEMORANDUM DATE: TO: FROM: VIA: SUBJECT: March 16, 2001 Mayor Park and Federal Way City Council members Cary M. Roe, Public Works Director ~ David H. MoS~~ager Revision to Draft Froposed Sound Transit Agreement Background At the February 21 ~ Land Use and TransportationCommittee meeting, Public Work's staff presented a draft of the proposed agreement between Sound Transit and the City for the development of a Transit Center, Parking Structure, and freeway access improvements. The draft agreement was presented with the understanding that the agreement may be subject to change pending final review by Sound Transit and that any revisions to the agreement would be presented to the full City Council. Since the February 2 l, 2001 LIJTC meeting, Public Works and legal staff have completed the final negotiations and review process with Sound Transit staffand have attached the final draft of the proposed agreement for the City Council's consideration. Summary of Changes/Revisions The following is intended as a summary of the most significant changes and/or revisions to the draft agreement that have occurred between the February 21,2001 LUTC meeting and final draft of the proposed agreement included in the City Council agenda package for the March 20th City Council meeting. The final draft of the proposed agreement has been revised in several areas with respect to protecting Sound Transit in the event they need to condemn any of the necessary properties to facilitate their proposed project. These revisio ns include deleting references to assumptions for forty dwelling units in the proposed project and softening language concerning preservation of space within the project site for a future transit oriented development. The balance of the revisions will be'highlighted by page number, agreement section, and title. Page 4, Section 1.1.3, Feasibility Analysis - subsection (A) was added to require Sound Transit to design the parking structure and/or TOD to include ground-level retail consistent with City Code. Page 4, Section 1.2, EnvirOnmental Review- a new paragraph was added that consolidated portions of the previous Section 2.2 Environmental Review and provided clarification to what.the City's roles and responsibilities are with respect to the Environmental Review of the Sound Transit project and what the City's remedies are under WAC 197- l 1-600 if the City is not satisfied with Sound Transit's Environmental Assessment. Page 5, Section 1.3, Design and Review Process - additional language was added to subsection (C) to provide clarification on the City's responsibilities if the parties agree to pursue the redesign of the parking structure to accommodate a 15uilding above the parking structure. Page 6, Section 1.4, Cost Responsibility - subsection (B) was revised by deleting reference to the City's Transportation Improvement Program and insertingan Exhibit"A" that lists the City's Transportation Improvement projects impacted by Sound Transit's proposed project. Page 8, Section III, Legal Relations - this section was added and a mutual indemnification was granted to both parties. Conclusion In summary, the majority of the draft agreement presented to the Land Use and Transportation Committee remained in tact and the revisions that were made primarily provided clarification or direction. · ' cc: Project File (2) Day File kAforms\mcm.doc DATE: TO: FROM: VIA: SUBJECT: February 21, 2001 Dean McColgan, Chair Land Use and Transportation Committee Marwan SalloUm, Street Sys!ems Manager ~ -- David H. Moseley, City Manager 23~ Avenue S 'Road .Improvements Project (S 316a to S 324'~ Street) - 100% Design Approval and Authorization to Bid BACKGROUND The proposed 23~ Avenue S Road Improvements Project design has been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: · City Center beautification improvements, in¢lu~t~ ingutility undergroundeonversion and constmctionof the downtown streetscape plan conforming t6'C~ty Center Street Design Gmdehnes from I-5 to the easterly limit of the S 320~ and SR-99 Improvement project. · . Sound Transit required frontage improvennent along 23'~ Avenue S. · Tacoma Public Utilities'Water Division 72" casing pipe. · Lakehaven Utility District'water an~l sewer utility adjustment and pipe replacement. PROPOSED INTE~CAL AGREEbIENT8 In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into lnterlocal Agreements 0LA) with Sound Transit, Lakehaven and the Tacoma Public Utilities Water Division. A copy of the proposed [LA for Lakehaven and Tacoma Public Utilities is attached for your consideration. The Sound Transit ILA will be provided at the meeting. Staffseeks Couneil'.s authorization to enter into these agreements. PROJECT COST EST[MATES Planning and Design Engineer's Construction Estimate Construction Management Underground Conversion (PSE) Right of Way Acquisition $ 700,000.00 .. 6,500,000.00 600,000.00 369,900.00 1,000,000.00 Includes City Center beautification improvements and 10% project contingency S 320* Street and 2Yd Avenue .S Includes the area needed for Sound Transit frontage improvements Total Estimated Project Costs $ 9,169,900.00 AVAILABLE FUNDING Grant Funding Mitigation Fund City Center Beautification Improvements PSE and US West Underground Conversion Lakehaven Utility District Tacoma Public Utilities Sound Transit Budgeted City. Match 5,478,700.00 809, ! 85.00 497,744.00 337,400.00 101,066.00 97,267.00 400,000:00 2,184,000.00 TIA $4,726,700.00 and STPUL $752,000.00 Landscaping, decorative lights, etc. S 320't Street Utility replacement/adjustment cost Total Available Budget $ 9,905,362.00 This project is on budget and we anticipate bidding the project in early March and awarding in April. ~ All required right, of way has been acquired. Construction will commence in May with an estimated substantial completion date in Spring 2002. ~ ' ' "~ '~ RECOMMENDATION - Staffrecommends placing the following items on th~.March 6, 2001 Council consent agenda for approval: !. Approve the 100% design Plans for the 23"~ Avenue South Road Improvements;Project 2. Authorize staffto bid the prOject, and return to the City Court<iii in April for permission to award the project to the lowest responsive, responsible bidder. 3. Authorize entering into the proposed Interlocal Agreement with the Lakehaven Utility District for the 23"~ Avenue South Road Improvements Project. 4. Authorize entering into the proposed [nterlocal Agreement with the Tacoma Public Utilities Water Division for the 23"~ Avenue South Road Improvements. Project. 5. Authorize entering into the proposed Interlocai Agreement with Sound Transit. cc: Project File Day File k:\lutck200 !k23 rd ave. 100%.doc DRAFT INTERLOCAL BE'I'SVEEN THE CITY OF FEDERAL WAY AND TACOMA PUBLIC UTILITIES WATER DIVISION FOR THE 23a° AVENUE SOUTH ROAD IMPROVEMENTS PROJECT ' ' (SOUTH 316TH STREET TO SOUTH 324TH STREET) THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and the City of Tacoma Department of Public Utilities, Water Division (hereinafter "Water Division"). WHEREAS, the City proposes to proceed with the 23"~ Avenue South Road Improvements Project (South 316th Street to South 324~ Street) (hereinafter ?roject~); and · WHEREAS, The Water Division is planning the construction of a water transmission line in the general area of the Project in accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, Chapter 3934 0nteri0cal Cooperation Act) Pet:mits local gov¢:~nmental traits tO mak~ the most efficient use of their powers by enabling them to cooperate with other entities to provide servicesin a manner best serving the needs and development of.their local communities; and WHEREAS, The Water Division can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certg, in services for the Water Division, including letting a public works construction contract for the installation of a 72" casing piPe in connection with the Project (hereinafter "Water Division Work~), and providing construction management services in support thereof; NOW, THEREFORF~ it is hereby covenanted and agreed by and between the'PartieS hereto as follows: I. DESIGN. The Water Division shall provide the City reproducible.construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the Water Division Workto become a part of the plans and specifications for the'Project. The design workshall be. _pg~f~o.rmed by the Water Division's design contractor. ~ II. B~D~G. A. It is the intention of thc City and the Water Division that the Water Division plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such mariner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the Water Division shall be furnished with the bid responses submitted for the Water Division Work for the Water Division's approval. Within ten days of receiving the bid prices, the Water Division shall notify the City in writing that the Water Division either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed : Fi~ &e Wate/- Division Work until the City has received approval from the Water Division for its portion of =- (.th.e bid ax,card; lJ~-~,ided, however:, if n0 bids are receiv6d which, in.the estimation of the Water Division, are acceptable to the Water Division for'the.Water Di(,ision Wore, the Water Division shall so immediately · i~; fiotifY iile' City/The Water DivisiOn Work shall '> ' "~ ~' `~' ' ~' be deleted from the project contract and, in 'this event; the City shall proceed with its portion of the Project. This lnteriocal Agreement shall terminate effective the date of the Water Division's notice to the City of the Water Division's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clm-ical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The Water Division grants to the City Public Works Director and/or his or her designee authority to act on behalf of the Water Division sufficient to carry out the provisions of this Agreement. B. The Water Division shall furnish a construction observer to ensure proper compliance with requirements during installation of the Water Division Work. The Water DivisiOn's construction observer shall advise the City of any deficiencies noted. The Water Division's construction observer, however, shall not c~mmunicate directly with or instruct the conti'actor directly on any matters regarding contract performance. C. The Water Division shall notify the City, in writing, of any changes it wishes to make inthe plans and specifications which affect the Water Division Work, which changes shall be made, if feasible. The City shall notify the Water Division, in writing, of any changes required of the Water Division Work and shall obtain the Water Division's approval ofsueh changes. The Water Division's approval shall not be unreasonably withheld. The Water Division shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the Water Division. IV. PAYMENT. A. The Water Division shall reimburse the City for all costs incurred by the City in performing the Water Division Work, which costs shall include but are not limited to the Water Division Work performed by the Project contractor(s), all Water Division requestedchanges, and the Water Division's cost of the City services described in Paragraph III (a) herein, prorated as described in Exhibit A. B. All payments shall be due from the Water Division to the City within thirty (30) days after receipt of invoice from the City of said sums billed to the Water Division. Amounts unpaid after said due date days shall acorue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLF~S .... A. The City agrees to indemnify and hold the Water Division, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and ali attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The water Division agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the Water Division, its agents or, employees, or by Water Division's breach of this Agreement. The provisions of this paragraph shall survive the.expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. Pagc 2 VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the Water Division rejects ali bids or(2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Following completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a Bill of Sale transferring ownership of the water mains and appurtenances to the Water Division and the Water Division shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. ~ This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Fina! Inspection upon completion of the Project and may be extended 'for additional periods of time upon mutual written agreement of the City and Water Division. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. ~ IN cONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Par~ies hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY TACOMA WATER DMSION -[c-~- David H. Moseley, City Manager Water Superintendent Date Date APPROVED AS TO FORM: Bob C. Sterbank, City Attorney I~'STREET$~oRoJECTS~3RD'tTacoma Wate~LA TACOM&doc - APPROVED AS TO FORM: Chief Asst. Ci~ Attorney P~c3 EXHIBIT "A" 23"D AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316~' STREET TO SOUTH 324TM STREET) ESTIMA TED DESIGN, CONSTRUCTION, PROJECT ADMINIS. TRA TION AND CONSTRUCTION MANAGEMENTCOSTS FOR INCLUDING LAKEHA YEN UTILITY DISTRICT UTILITY RELOCATION AND ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (ENTRANCO) $5,144.00 ESTIMATED CONSTRUCTION COSTS Mobilization Construction Staking Traffic Control Labor Traffic Control Supervisor Adjust Water Meter vault Relocate Fire Hydrant Adjust Sanitary Sewer Manholes Adjust Water Valve Box Adjust Blow off Box Adjust PRY 12" Water Main Class 50 DIP Adjust Detector Check vault Relocate Side sewer Remove and Disposal of Asbestos Pipe LS 1 240 hours @ $28.00/hr. 24 hours @ $40.00/hr 4 @ $ 500.00/ea. 6 @ $ 2000.00/ea. 9 @ $400/ea. 24 @ $180.00/ea. 1 @ $1000.00/ea I @ $1,500.00/ea 168@ $80/LF 1 @ $1,500.00/ea FA 168@ $15/LF 6,100.00 3,500.00 6,720.00 960.00 2,000.00 $12;000.00 3,600.00 4,320.00 1,000.00 1,500.00 13,440.00 1,500.00 11,5OO.O0 2,52O.OO Subtotal Construction $70,660.00 Sales Tax @ 8.6% of Construction Cost ~ 6~077.00 Subtotal Constriction Including Sales Tax $ 76,737.00 Construction Contingency (10% of Construction cost.) Construction Administration (5% of Construction cost) Construction Management (10% of Construction cost.) $ 7,674.00 $ 3,837.00 · $ 7,674.00 TOTAL CONSTRUCTION COST $95,922.00 TOTAL ESTIMATED COST (Design '& Construction) .~101,066.00 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility ~!ocation Portion for reimbursement to the City. K:~TREETS~PROJECTS~23RD~I_akehave~II_A. doc 1/23/01 Page 4 MEETING DATE: January 20, 2004 CITY OF FEDERAL WAY City Council AGENDA BILL ITEM// SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XIII, DIVISION II, CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) Proposed Ordinance with Exhibit A (Amendments to FWCC Chapter 22. Article XIII. Division 11, "Vehicles and Boats"; Article I, Section 22-1, "Defmitions"; and Article IV, "Nonconformance"). 2) December 31, 2003, Memorandum to the Land Use/Transportation Committee (LUTC) with Exhibits A-M. (Please note that due to their bulk, only Exhibits E, I, and L are included in this packet. The remainder of Exhibits A-M is not included, but is available in the Council Conference Room. In addition, for background purposes the proposed code amendments originally presented to the Council on September 2 and 16, 2003, are also available in the Council Chambers). SUMMARY/BACKGROUND: Over the years, the City's Code Compliance Officer has received many complaints from citizens regarding the parking of oversized commercial vehicles on lots within residential zones. However, the limitations of the language in FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citizen complaints about commercial vehicles and equipment stored on residential lots. The purpose of these revisions is to better del'me the types and nature of vehicles normally prohibited from being stored on a residential lot, yet accommodate to an appropriate extent vehicles normally associated with a residence. The City Council entertained these amendments at their September 2 and 16, 2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16, 2003, the Council made a motion for staff to research certain questions and take the amendments back to the Planning Commission for additional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29, 2003, public hearing (Exhibit B). The Planning Commission continued the public hearing to November 19, 2003 (Exhibit C) and December 10, 2003 (Exhibit D). After the close of the December 10, 2003, public hearing, the Planning Commission recommended approval of those amendments shown in Exhibits E, I, and L. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use Transportation Committee (LUTC) discussed the proposed amendments during a public meeting on January 12, 2004. At that meeting, the LUTC recommended forwarding the Planning Commission's recommendation with one change to the full Council for first reading on January 20, 2004. The LUTC recommended adding the requirement that commercial vehicles used for private construction purposes on residentially zoned lots not be visible from a public right- of-way or access easement, and cannot be parked in the driveway (FWCC Section 22-1176[e] of Exhibit A of the proposed ordinance). PROPOSED MOTION: "I move the LUTC's recommendation to approve the amendments to FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats"; Article I, Section 22-1, "Def'mitions"; and Article IV, "Nonconformance," which are attached as Exhibit A to .~.~_r..~.~_s_~_~..~[!].~i.]~..i.~...S..]~.~!f~d~~~Yt_~..~b .~.~ary...].'...2. O_ ~[..'..] ............................................................................................................ ............................................................................................................. CITY MANAGER APPROVAL: ~/' I (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # lST READING ENACTMENT READING ORDINANCE # RESOLUTION # l:kDOCUMENT~Oversized Vehicles\City Council\012004 AGENDA BILL.doc/Last printed 01/13/2004 4:52 PM CITY OF FEDERAL WAY ORDINANCE NO. 04 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to add a new definition for commercial vehicles and clarify under what conditions they are allowed on lots in residential zones is in the public interest; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land/Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; WHEREAS, the City Council entertained these code amendments at their September 2 and 16, 2003, public meetings for first and second readings, respectively; WHEREAS, at the end of the Council deliberations on September 16, 2003, the Council remanded the amendments back to the Planning Commission for additional review of new issues and possible revision; WHEREAS, the Planning Commission conducted a duly noticed public hearing on revisions to the code amendments on October 29, 2003, with continuation on November 19, 2003, and December 10, 2003,considered new public comment and forwarded a recommendation of approval to the City Council; Ord No. 04 - , Page I WHEREAS, the Land Use Transportation. Committee of the Federal Way City Council considered these code amendments on January 12, 2004, following which it recommended adoption of the text amendments as recommended by the Planning Commission with one change; and WHEREAS, the City Council finds that the code amendments relating to adding a new definition for commercial vehicles and clarifying under what conditions they are allowed on lots in residential zones are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the Comprehensive Plan concept to preserve and e~nhance existing residential neighborhoods. 2. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-related accidents. And The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on residential lots is unsightly and detracts from the neighborhood character. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the Ord No. 04 - , Page 2 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the ~ day of ,2004. APPROVED: ATTEST: MAYOR, DEAN McCOLGAN 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: I:~DOCUMENT~Oversized Vehicles\City CouncilLa~doption Ordinance.doc/01 / 13/2004 4:57 PM Ord No. 04 - , Page 3 FWCC Chapter 22. Article XIII. Division 11. Commercial Vehicles Recreational Vehicles and Boats 22-1176 Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up, light du_ty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 lbs gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot; (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE); (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (d) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; (e) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right-of-way or access easement and not parked in the driveway; (f) Additional exceptions as outlined in FWCC 22-1179. Except for commercial vehicles used for loading and un. loading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. 22-1177 Parking and storage of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. 22 !!77 22-1178 Exceptions. ~ The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; -1- (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 1178 22-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 !!79 22-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 ll°..n~ 22-1181 - 22-1195 Reserved. l:~DOCUMENTXOversized Vehicles\City Council~Division 11 -- New Commercial Code Language.doc/Last printed 1/13/2004 3:38 PM -2- FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1176 and 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. 15DOCUMENTXOversized Vehicles\City Council~}efinitions.docFLast printed 1/13/2004 3:36 PM FWCC Chapter 22. Article IV Nonconformance 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) I:~DOCUMENT~Oversized Vehicles\City Council~Nonconformance.doc/Last printed 1/13/2004 3:40 PM ©2002 Code Publishing Co. P~el CITY OF ~~ Federal Way PLANNING COMMISSION RECOMMENDATION December 31, 2003 To: VIA: FROM: SUBJECT: Chair, Land Use/Transportation Committee (LUTC) David ~~oa~r aog~ Kathy ommunity Development Services Margaret H. Clark, AICP, Senior Planner ~ Martin Nordby, Code Compliance Office~ Amendments to Federal Wa.v City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) (File No. 03-102457-00-UP) MEETING DATE: January 12, 2004 [. BACKGROUND The proposed code amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 1 l, "Vehicles and Boats" (Oversized Vehicles, ExhibitA) were presented to the City Council at their September 2 and 16, 2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16, 2003, the Council made a motion for staff to research certain questions and take the amendments back to the Planning Commission for additional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29, 2003, public hearing (Exhibit B). The Planning Commission continued the public hearing to November 19, 2003 (Exhibit C) and December 10, 2003 (Exhibit D). After the close of the December 10, 2003, public hearing, the Planning Commission recommended approval of those amendments shown in Exhibit E. Minutes for these meetings are enclosed as Exhibits F, G, and H and correspondence and e-mail from citizens are attached as Exhibit M. II. DISCUSSION OF PROPOSED AMENDMENTS/PLANNING COMMISSION RECOMMENDATION A. Planning Commission's Recommendation The proposed code amendment as drafted in Exhibit E incorporates ~he following Planning Commission's recommendations: 1'. Make no changes to the regulations governing recreational vehicles, trailers, and boats at this time.~ Changes may be entertained at a future Planning Commission public hearing that will be publicized to encourage the attendance and input of owners of recreational vehicles, trailers, and boats. 2. Define commercial vehicle based on use. 3. Allow commercial vehicles up to 10,000 lbs gross vehicle weight rating (GVWR) on any residentially zoned lot, regardless of lot size. Allow commercial vehicles of any size on any lot in a Single-Family Residential (RS 35.0 - one unit per 35,000 square feet) or Suburban Estates (SE - one unit per five acres) zone. Allow only one commercial vehicle per residentially zoned lot except for commercial vehicles used for loading and unloading purposes, and commercial vehicles used for construction purposes with a valid development permit. 6. Allow vehicles not more than nine feet in height and 22 feet in length used for private construction purposes on any residentially zoned lot. 7. For the exclusive purpose of loading or unloading the vehicle, allow commercial vehicles to be parked on any residentially zoned lot for a maximum of 48 hours. 8. Do not regulate vehicles used for non-commercial purposes, regardless of their GVWR. B. Proposed Code Amendments AS a result of these recommendations, the following changes have been made to FWCC, Chapter 22, Division 11 (Exhibit E). Proposed changes are shown as st6keom (proposed deletions) and underline (proposed additions): 1. Amended the title to more clearly describe the code section. 2. Deleted existing language in FWCC Section 22-176, which pertains to vehicles and boats. 3. Addressed commercial vehicles in a new FWCC Section 22-1176, and i'ecreational vehicles and boats in a new FWCC Section 22-1177. Moved regulations pertaining to recreational vehicles and boats to FWCC Section 22- 1177. The language in this section has been reformatted to be consistent with the remainder of Division 11. FWCC Section 22 ! ! 77 22-1178, which provides for exceptions to the code based on a Process III review and approval, has been retained. In addition, a new definition for "Commercial Vehicles" was added to FWCC Chapter 22, Section 22-1, "Definitions" (Exhibit 1). C. Other Code Amendments As part of this code amendment, staff discovered a mistake that was made by the codifiers in 1992. At that time, sections of the code were renumbered and rearranged. This resulted in a cross Amendments to FWCC Chapter 22, Article XIII, Division 1, "Vehicles and Boats" 1/12/03 Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 2 reference to Division 11, "Vehicles and Boats" being dropped from the requirement of immediate conformance in FWCC Section 22-330. FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required" states: "(a) Generally. Regardless of any other provisions of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter; ...(8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones." Prior to the 1992 codification, the nonconformance section (Chapter 165.25) referred only to, "Non-conformance with the provisions in Chapter 115 regarding parking and storage of large vehicles in residential zones" (Exhibit d). However, there were two sections (Chapter 115.105 and 115.145) in Chapter 115 that governed parking and storage of large vehicles in residential zones (Exhibit d). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-1111, and Chapter 115.145 became Section 22-1176, et al. (Exhibit K). Section 22-330 now only references Section 22-1111, et seq. (Exhibit K, Page 2 of 4). We are, therefore, proposing to add a reference to FWCC Section 22-1176 et seq. in FWCC Section 22-330(8) (refer to Exhibit L). In regards to the above, the City is aware of one home occupation with an associated commercial vehicle in a residentially zoned area. With the passage of these amendments as presently written, this vehicle, which is approximately 20,000 lbs GVWR, could no longer be parked legally on that lot. This lot is 15,480 square feet and is located in a Single-Family Residential (RS 7.2) zone. III. ADDITIONAL PLANNING STAFF COMMENTS During the December 10, 2003, public hearing, two citizens testified that they owned backhoes, which .are used for private yard improvement and landscaping purposes. After taking public testimony, the Planning Commission made a motion to allow construction vehicles for private use on residentially zoned lots as long as they meet the existing code in terms of size. The existing code allows any vehicle or boat to be parked or stored on a lot in a residential zone if the vehicle or boat is both nine feet in height or less and 22 feet in length or less. The Planning Commission did not recommend placing any other additional requirements such as screening of these vehicles. If this amendment is adopted as recommended by the Planning Commission, a backhoe or any other commercial vehicle used for private construction purposes could be stored on a lot of any size and be located anywhere on that lot, including the driveway. As a result, staff recommends that additional language be added to allow these commercial vehicles on residentially zoned lots only if they are not visible from a Public right-of-way or access easement, or parked in the driveway. This would result in the following language in Section 22-1176(e): A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right-of-way or access easement and not parked in the driveway. Amendments to FWCC Chapter 22, Article XIII, Division 1, "Vehicles and Boats" 1/12/03 Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 3 IV. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. 2 above, that is, adoption of the Planning Commission's recommendations with the additional staff recommendation to prevent visibility of vehicles used for private construction purposes from a right-of-way or access easement, or to be parked or stored in a driveway. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. 7 As recommended by Planning Commission and amended by the LUTC. APPROVAL OF COMMITTEE ACTION: Chair c ~/ / ~ | VI. LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" as Presented to the City Council Staff Report for the October 29, 2003, Planning Commission Public Hearing Staff Report for the November 19, 2003, Planning Commission Public Hearing Staff Report for the December 10, 2003, Planning Commission Public Hearing · Proposed Amendments to FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" based on Planning Commission Recommendation Minutes of the October 29, 2003, Planning Commission Public Hearing Minutes of the November 19, 2003, Planning Commission Public Hearing Minutes of the December 10, 2003, Planning Commission Public Hearing FWCC Chapter 22, Article 1, Section 22-1, "Definitions" Federal Way Zoning Code Adopted Upon 1990 Incorporation (Chapters 165.25, 115.05, & 115.145) Federal Way City Code Codified in 1992 (FWCC Sections 22-330, 22-1111, & 22-1176) FWCC Chapter 22, Section 22-330 (Portion of Existing Zoning Code) with Proposed Amendment Correspondence and e-mail. I:\DOCUMENTXOxersized Vehicles\LUTC\011204 PC Rec Staff Report to LUTC.doc/01/05/20045:28 PM Amendments to FWCC Chapter 22, Article XIII, Division 1, "Vehicles and Boats" 1/12/03 Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 4 EXHIBITS A-D, F-H, AND M ARE LOCATED IN A BINDER IN THE COUNCIL CONFERENCE ROOM. EXHIBI-r PAGE EXHIBIT E FWCC Chapter 22. Article XIII. Division 11. Commercial Vehicles, Recreational Vehicles, and Boats 22-1176 Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up, light du_ty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 lbs gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot; (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE); (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (d) Commercial vehicles may be parked on any lot in a residential zone during construction pursuant to a valid development permit; (e) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in (f) length may be parked on any lot if used for private construction purposes_; Additional exceptions as outlined in FWCC 22-1179. Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. 22-1177 Parking and storage of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and. more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. 22 !!77 22-1178 Exceptions. (ly) The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: -1- EXHtBIT__- .... PAGE_. 2 ':c2. (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22-I178 22-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 1!79 22-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential-zone for more than 14 days in any 180-day period. (Ord. No, 90-43, § 2(115.145(3)), 2-27-90) 22 !!50 22-1181 -22-1195 Reserved. I:~DOCUMENT~Oversized Vehicles~LUTC\Exhibit E Division I I -- New Commercial Code Language.doc -2- EXHIBIT I EXHIBIT__ PAGE FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class H home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment ora fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means any motorized vehicle or truck, or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animalS; or bulldozers, backhoes, cranes, and similar vehicles used for construction purposes. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. l:~DOCUMENTxOversized Vehicles~LUTC~Exhibit I Definitions.doc EXHIBIT L EXHIBIT PAGF __ t. FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2~27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135,§ 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) l:~DOCUMENTXOversized VehiclcsLLUTCMExhibit L Nonconformance.doc ©2002 Code Publishing Co. Page 1 MEETING DATE: January 20, 2004 ITEM#.-~, .~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Code Amendments Updating Chapter 6, Criminal Code CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo from Pat Richardson, City Attorney to the Parks Recreation Human Services and Public Safety Committee regarding the proposed Code amendment to Chapter 6, Criminal Code. SUMMARY/BACKGROUND: The Law Department is requesting adoption of the proposed ordinance to amend the City of Federal Way Criminal Code under Chapter 6 as it reflects changes the Washington State Legislature has made in state law regarding various crimes and the consequences thereof. The modifications are necessary to ensure consistent enforcement of the laws. The adoption of these amendments is in the best interest of the City of Federal Way, the Public Safety Department, Law Department, Municipal Court, and the Federal Way Citizens. CITY COUNCIL COMMITTEE RECOMMENDATION: At the January 12, 2004 meeting the Parks Recreation Human Services and Public Safety Committee recommended that the proposed amendment to the Federal Way City Code Chapter 6, Criminal Code forwarded to the City Council for consideration at the January 20, 2004 City Council meeting. PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on January 20, 2004." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K:\agnditem\2003-criminal code update CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE January 12, 2004 Meeting Date: From: Via: Subject: January 5, 2004 Patricia A. Richardson, City Attorney ( David H. Moseley, City Manager Code Amendment Updating Chapter 6, Criminal Code Background: The Law Department is requesting adoption of an ordinance to amend the City of Federal Way Code under Criminal Code Chapter 6. The Washington State Legislature has modified state law regarding various crimes and the consequences thereof. The proposed amendment to Chapter 6 reflects the changes in state law. The modifications are necessary to ensure consistent enforcement of the laws. Staff Recommendation: Staff recommends that the Parks Recreation Human Services and Public Safety Council Committee approve the proposed amendment to Chapters 6 of the Federal City Code and forward to full Council for consideration. Committee Recommendation: Move approval of the amendment to the Federal Way City Code, Chapter 6, Criminal Code, and forward to full Council for consideration at the January 20, 2004 City Council meeting. KSAGNDITEM~PRHSPSCOMMITTEE\Criminal update 2003 ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY (Amending Ordinance Nos. 91-89, 99-362, 00-367, 00-374, 01-401, 02-429) WHEREAS, the City Code is at variance with state law with respect to the existence, substance, description, and procedure of certain crimes and consequences, WHEREAS, the State Legislature has modified state law regarding various crimes and the consequences thereof, WHEREAS, the Federal Way City Council finds that it is in the best interest of its citizens to update the City Criminal Code, the Licenses And Business Regulations Chapter and the Traffic and Vehicle Chapter of the City Code to be more in accordance with state law in order to ensure more consistent and effective enforcement and prosecution of criminal activity within the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article I, Section 6-4 of the Federal Way City Code, is hereby amended to read as follows: 6-4 Defenses. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9A.12.010, Insanity. ORD # , PAGE 1 (2) RCW 9A.16.010, (3) ROW 9A.16.020, (4) RCW 9A.16.060, (5) RCW 9A.16.070, Definition. Use of force - When lawful. Duress. Entrapment. (6) RCW 9A.16.080, Action for being detained on mercantile establishment of premises for investigation -"Reasonable grounds" as defense. (7) RCW 9A.16.090, Intoxication. (8) RCW 9A.16.120, Outdoor music festival, campground- Detention. SECTION 2. Chapter 6, Article II, Section 6-36 of the Federal Way City Code, is hereby amended to read as follows: 6-36 Adoption of statutes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: (1) RCW 66.04.010, Definitions. (2) RCW 66.20.200, Unlawful acts relating to card of identification and certification card. (3) RCW 66.20.210, Licensee's immunity to prosecution or suit - Certification card as evidence of good faith. (4) RCW 66.20.300, Alcohol servers - Definitions. ORD # , PAGE 2 (5) RCW 66.20.310, Alcohol servers - Permits - Requirements - Suspension, revocation - Violations - Exemptions. (6) RCW 66.28.090, Licensed premises open to inspection - Failure to allow. (7) RCW 66.28.200, Keg registration - Special endorsement for grocery store license - Requirements of seller. (8) RCW 66.28.210, Keg registration - Requirements of purchaser. (9) RCW 66.28.220, Keg registration - Identification of containers - Rules - Fees - Sale in violation of rules unlawful. (7-10) RCW 66.44.010, Local officers to enforce law- Authority of board - Liquor enforcement officers. (811) RCW 66.44.040, Sufficiency of description of offenses in complaints, informations, process, etc. (912) RCW 66.44.050, Description of offense in words of statutes - Proof required. (1_30) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent. (14-1-) RCW 66.44.070, Certified analysis is prima facie evidence of alcoholic content. (16,?,) (174) (1_96) RCW 66.44.080, Service of process on corporation. RCW 66.44.090, Acting without license. RCW 66.44.100, Opening or consuming liquor in public place - Penalty. RCW 66.44.120, Unlawful use of seal. RCW 66.44.130, Sale of liquor by drink or bottle. ORD # ,, PAGE 3 (-1-7-20) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation, possession of still or mash. (218) RCW 66.44.150, Buying liquor illegally. (-1-922) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages. (20_3) RCW 66.44.170, Illegal possession of liquor with intent to sell - Prima facie evidence, what is. (244_) RCW 66.44.175, Violations of law. (235) RCW 66.44.180, General penalties- Jurisdiction for violation. (296) RCW 66.44.200, Sales to persons apparently under the influence of liquor. (24_7) RCW 66.44.210, Obtaining liquor for ineligible person. (28_8) RCW 66.44.240, Drinking in public conveyance- Penalty against carrier- Exception. (2~e9) RCW 66.44.250, Drinking in public conveyance - Penalty against individual- Restricted application. (2-730) RCW 66.44.280, Minor applying for permit. (2831) RCW 66.44.290, Minor purchasing liquor. ~om ROW 66 44 29! D,~,,.,,,,, ~,-,, ,,,~ ........ ~'""~"" '-" "**'~"'"*~"" +"~" '""h...,o"" (302) RCW 66.44.300, Treating minor, etc., in public place where liquor sold. (3-1-3) RCW 66.44.310, Minor frequenting tavern or cocktail lounge, misrepresentation of age. (324_) RCW 66.44.320, Sales of liquor to minors a violation. ORD # , PAGE 4 (3,35) RCW 66.44.325, Unlawful transfer to a minor of an identification card. (34_6) RCW 66.44.328, Unlawful to transfer to a minor of a forged, altered, etc., identification card. (357) RCW 66.44.340, Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees. (368) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees. (37_9) RCW 66.44.370, Resisting or opposing officers in enforcement of title. SECTION 3. Chapter 6, Article IV, Section 6-86 of the Federal Way City Code, is hereby amended to read as follows: 6-86 Statutes adopted. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 69.41.020, Prohibited acts- Information not privileged communication. (2) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or order prohibited - Exceptions. (3) RCW 69.41.050, Labeling requirements - Penalty, t-~ c, CW ~r~ A ! 070, \~! · (4) RCW 69.41.350, Penalties. (45) RCW 69.43.010, Report to state board of pharmacy- List of substances- Modification of list - Identification of purchasers - Report of transactions - Penalties. ORD # , PAGE 5 (~_6) RCW 69.43.020, Receipt of substance from source outside state- Report- Penalty. (67) RCW 69.43.030, Exemptions. (7-8) RCW 69.43.035, Suspicious transactions - Report- Penalty. (89) RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance - Exemptions - Application for permit - Fee - Renewal - Penalty. (910) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine- Sales restrictions - Penalty. (11_~) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine- Possession of more than fifteen grams - Penalty - Exceptions. (12_4) RCW 69.50.101, Definitions. (13_;~) RCW 69.50.204(d)(13), Schedule I- Marijuana. (14_~) RCW 69.50.309, Containers. (15) RCW 69.50.4014, Possession of forty grams or less of marihuana - Penalty. (16_~) RCW 69.50.412, Prohibited acts: E - Penalties. (17_~) RCW 69.50.505, Seizure and forfeiture. (187-) RCW 69.50.506, Burden of proof. (198) RCW 69.50.509, Search and seizure of controlled substances. (4-920) RCW 69.50.425, Misdemeanor violations - Minimum imprisonment. SECTION 4. Chapter 6, Article VII, Section 6-161 of the Federal Way City Code, is hereby amended to read as follows: ORD # , PAGE 6 6-161 Frauds and swindles. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.04.010, False advertising. (2) RCW 9.12.010, Barratry. (3) RCW 9.12.020, Buying, demanding, or promising reward by district judge or deputy. (4) RCW 9.45.060, Encumbered, leased or rented personal property. (5) RCW 9.45.070, Mock auctions. (6) RCW 9.45.080, Fraudulent removal of property. (7) RCW 9.45.090, Knowingly receiving fraudulent conveyance. (8) RCW 9.45.100, Fraud in assignment for benefit of creditors. (9) RCW 9.26A. 120, Fraud in operating coin-box telephone or other receptacle. (10) RCW 9.26A.130, Penalty for manufacture or sale of slugs to be used for coin. (11 ) RCW 9.60.010, Definitions. (12) RCW 9A.60.040, Criminal impersonation in the first deqree. (1.3) RCW 9A.60.045, Criminal impersonation in the second deqree. (134_) RCW 9A.60.050, False certification. SECTION 5. Chapter 6, Article IX, Section 6-211 of the Federal Way City Code, is hereby amended to read as follows: ORD # ., PAGE 7 6-211 Theft, unauthorized issuance of bank checks and possession of stolen property. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.26A.110, Fraud in obtaining telecommunications service - Penalty. (2) RCW 9A.56.010, Definitions. (3) RCW 9A.56.020, Theft- Definition, defense. (4) RCW 9A.56.050, Theft in the third degree. (5) RCW 9A.56.060(1), (2), (3) and (5), Unlawful issuance of checks or drafts. (6) RCW 9A.56.096, Theft of rented, leased, or lease-purchased property. (6_7) RCW 9A.56.140, Possessing stolen property - Definition, credit cards, presumption. (-7-8) RCW 9A.56.170, Possessing stolen property in the third degree. (8_9) RCW 9A.54.130, Restoration of stolen property - Duty of officers. (010) RCW 9A.56.220, Theft of cable television services. (101) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation. (1-1-2) RCW 9A.56.260, Connection of channel converter. (1~_3_3) RCW 9A.56.270, Shopping cart theft. (14) RCW 9A.56.280, Credit, debit cards, checks, etc. - Definitions. (15) RCW 9A.56.330, Possession of another's identification. ORD # ., PAGE 8 SECTION 6. Chapter 6, Article XII, Section 6-292 of the Federal Way City Code, is hereby amended to read as follows: 6-292 Riot - Failure to disperse - Obstruction. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 91.84.010(!), ,o,,~.,,._,,..,, Riot. (2) RCW 9A.84.020, Failure to disperse. (3) RCW 9.27.015, Interference, obstruction of any court, building or residence - Violations. SECTION 7. Chapter 6, Article XIII, Section 6-318 of the Federal Way City Code, is hereby amended to read as follows: 6-318 Injury to animals. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.08.020, Diseased animals. (2) RCW 9.08.030, False certificate of registration of animals - False representation as to breed. (3) RCW 9.08.065, Definitions. (4) RCW 9.08.070, Pet animals - Taking, concealing, injuring, killing, etc. - Penalty. (5) RCW 9.08.072, Transferrin.q stolen pet animal to a research institution - Penalty. ORD # ., PAGE 9 (6) RCW 9.08.078, Ille.qal sale, receipt, or transfer of pet animals - Separate offenses. (§7) RCW 16.52.207, Animal cruelty in the second degree. SECTION 8. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 9. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 10. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this __ day of ,2004. CITY OF FEDERAL WAY ATTEST: MAYOR, CITY CLERK, N. CHRISTINE GREEN, CMC ORD # , PAGE 10 APPROVED ASTO FORM: CITY ATTORNEY, PATRICIA A.RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\Criminal update '03 ORD # , PAGE 11