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12-05-2023 Council Packet - RegularCITY OF �. Fe deral Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA ** AMENDED AGENDA** City Hall — Council Chambers* December 5, 2023 — 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE Boy Scout Troops #361 & #330 3. MAYOR'S EMERGING ISSUES AND REPORT • 2024 Legislative Breakfast - December 18 at the Community Center beginning at 7:30 a.m. • Recent Events: Holiday Movie at the PAEC "Jack Frost" (11/25), Jingle Bell Brunch at the Community Center (12/2), Tree Lighting at Town Square Park (12/2) • Upcoming Events in the Community: Cookies with Mrs. Claus at the Community Center on Thursday, December 14 at 5:30 p.m. • Next City Council meeting in December is cancelled per Council Rules of Procedure • City Hall will be closed in observance of the holidays on Monday, December 25 and Monday, January 1. • 2024 City Council Retreat at Dumas Bay Centre on Saturday, February 3 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. Council Rules prohibit any personal, impertinent, threatening or slanderous remarks, and no speaker may convey or donate their time for speaking to another speaker. All individual comments are limited to 3 minutes each. The Mayor may interrupt any speaker whose comments continue too long, relate negatively to others, disparage people based on race, national origin, gender, sexual orientation or other protected status, or are otherwise unconducive to a civil meeting. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom.us/j/363503282?pwd=VmlocGOrdFVVTURaQnloRUIQOTQ4Zz09 6. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: November 21, 2023 Regular and Special Meeting b. Monthly Financial Report — October 2023 c. AP Vouchers 10/16 — 11/15/2023 and Payroll Vouchers 11/01 — 11/30/2023 d. Interlocal to Establish the Greater Federal Way Community Emergency Management Program (GFWCEM) e. Granicus Proposal and Master License and Services Agreement f. 2024 Senior Advisory Commission Annual Work Plan g. Washington Department of Corrections Master Agreement Amendment h. Trouve Apartment Multi -Family Tax Exemption (MFTE) Contract i. T-Mobile Site Lease Agreement — BPA/Twin Lakes J. T-Mobile Site Lease Agreement — Lakota Park k. Resolution: Adopting 2024 Fee Schedule 7 COUNCIL BUSINESS a. Federal Wav Community Center Locker Room Architect • Presentation: Autumn Gressett, Community Relations Liaison/Contract Administrator b. Cisco WebEx Calling Agreement Upgrade • Presentation: Thomas Fichtner, IT Director c. Core Network Upgrade • Presentation: Thomas Fichtner, IT Director d. ARPA Business Resiliency Program • Presentation: Tanja Carter, Economic Development Director e. North Lake Management District Advisory Committee Appointments f. Steel Lake Management District Advisory Committee Appointments g. Diversity Commission Appointments h. Confirmation of Independent Salary Commission Appointments i. (added item) Authorization to Apply for King County Shelter Grant The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. 'Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom.us/j/363503282?pwd=VmlocGOrdFVVTURaQnloRUIQOTQ4Zz09 8. ORDINANCES First Reading a. Council Bill #871/Ordinance: Update to Indemnification Policy AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO INDEMNIFICATION OF CITY OFFICIALS AND EMPLOYEES; AMENDING FWRC 2.05.030, 2.05.040, 2.05.050, 2.05.060, 2.05.070, 2.05.090, 2.05.100, AND 2.05.120. (Amending Ordinance Nos. 89-05, 09-600, 10-666 and 10-669) Presentation: Ryan Call, City Attorney Public Comment - 3 minutes each Second Reading/Enactment b. Council Bill #868/Ordinance: 2023 Annual Comprehensive Plan Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, THE COMPREHENSIVE PLAN MAP, AND ZONING MAP; DESIGNATING A DOWNTOWN ARCHITECTURAL OVERLAY; CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMATELY 20 ACRES LOCATED NORTH OF S 316TH STREET BETWEEN PETE VON REICHBAUER WAY S AND 23RD AVE S, FROM CITY CENTER FRAME (CC-F) TO CITY CENTER CORE (CC-C); AND CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF 19.05 ACRES OF LAND LOCATED ON THE NORTH SIDE OF S 320TH STREET, EAST OF 1-5, FROM MULTI -FAMILY (RM2400) TO COMMERCIAL ENTERPRISE (CE). (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938 23-954, 23-956 and 23-967) c. Council Bill #869/Ordinance: Code Amendments Relating to City Center -Core and City Center Frame AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO DEVELOPMENT REGULATION AMENDMENTS APPLICABLE TO THE CITY CENTER CORE (CC-C) AND CITY CENTER FRAME (CC-F) ZONES AND ADOPTION OF A DOWNTOWN ARCHITECTURAL OVERLAY; AMENDING FWRC 19.05.040, 19.05.060, 19.05.160, 19.110.080, 19.115.020, 19.115.050, 19.115.060, 19.115.070, 19.115.090, 19.120.030, 19.125.060, 19.190.010, 19.225.010, 19.225.015, 19.225.020, 19.225.030, 19.225.040, 19.225.050, 19.225.055, 19.225.060, 19.225.070, 19.225.075, 19.225.080, 19.225.090, 19.225.100, 19.225.105 19.225.110, 19.225.120, 19.225.130, 19.225.140, AND 19.230.030; ADDING FWRC 19.245.020 AND 19.110.025; AND REPEALING FWRC 19.130.150. (Amending Ordinance Nos. 90-43, 93-170, 96-270, 96-271, 97-291, 97-296, 97-300, 99-333, 00-363, 01-382, 01-385, 01-390, 01-399, 02-424, 03-443, 05-506, 06-515, 06-542, 07-554, 07-559, 08-585, 09-593, 09-604, 09-605, 09-610, 09-630, 09-633, 10-678, 12-724, 12-727, 12-735, 13-750, 13-754, 14-778, 15-797, 17-834, 18-844, 18-850, 20-898, 21-921, 22-929, 22-930, 22-932, 23-949, 23-958, 23-961, and 23-963) d. Council Bill #870/Ordinance: Amendments to Wild Waves Concomitant Development Agreement AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE ENCHANTED PARKS, INC. CONCOMITANT DEVELOPMENT AGREEMENT (Amending Ordinance Nos. 98-310 and 17-840) The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.cityoffederalwaV.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. "Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://citVoffederalwaV.zoom.us/I/363503282?pwd=VmlocGOrdFVVTURaQnloRUIQOTQ4Zz09 COUNCIL REPORTS 10. ADJOURNMENT The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. 'Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom.us/j/363503282?pwd=VmlocGOrdFVVTURaQnloRUIQOTQ4Zz09 COUNCIL MEETING DATE: December 5, 2023 ITEM #: 6-or CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the November 21, 2023 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Attachments: November 21, 2023 Regular Meeting Draft Minutes November 21, 2023 Special Meeting Draft Minutes Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A Council InitiaVDate N/A DIRECTOR APPROVAL: Committee Member PROPOSED COUNCIL MOTION: 'I move approval of the minutes as presented. Initial/Dale N/A Committee Member (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICEL _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF AD*9AFr Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* November 21, 2023 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:31 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson (remote), Councilmember Paul McDaniel, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Assistant City Attorney Kent van Alstyne, Deputy City Clerk Jennifer Marshall, and City Administrator Brian Davis. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell noted Councilmember Lydia Assefa-Dawson has not yet joined the meeting, and will be participating remotely. 3. MAYOR'S EMERGING ISSUES AND REPORT Public Safety Report Chief of Police Andy Hwang overviewed current crime statistics and highlighted some successes from the department including the use of mobile surveillance trailers, graffiti abatement, illegal encampment initiative, and noteworthy arrests. Recent Events Mayor Ferrell reported on his attendance at the Paint the Plow Event; Family Movie Night at the Knutzen Family Theatre, the Memorial Field Ribbon Cutting Ceremony. He reported on presenting funds to the MSC & FW Senior Center Food Banks on November 16. Upcoming Events in the Community Mayor Ferrell announced upcoming events in the community including a holiday movie, the annual Jingle Bell Brunch at the Community Center, and the Tree Lighting at Town Square Park. City Council Meeting Schedule Mayor Ferrell noted the second meeting in December is canceled. Federal Way City Council Regular Minutes Page 1 of 11 November 21, 2023 4. PUBLIC COMMENT Miguel Maestas requested ARPA funding for El Centro de la Raza literacy programs. Janet Torres Garcia and Denisa Aitonean provided information on the financial empowerment programs offered through El Centro de la Raza. Craig Patrick suggested the community reach out to state representatives and legislators to share concern regarding the current crime statistics. Anna Patrick agreed with the previous speaker, and spoke regarding King County jails. Melissa Hamilton addressed the City's legislative priorities and urged the Council to prioritize crime. Mark Christie thanked staff and provided positive feedback regarding the city's approach to homelessness. Susan Strong reported cement bollards installed in front of a convenience store to protect from burglary. Gordon Wallace attended the financial literacy program and shared the positive impact the program has made. Tirzah Idahosa would like to see the city use the opioid settlement funds for addiction prevention programs. As a member of the Diversity Commission, she requested Council move forward to fill open vacancies. Councilmember Tran left the meeting at 7:30 p.m.; he returned at 7:36 p.m. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) — Councilmember Walsh reported on the November 14 meeting. He thanked Shelley Pauls and "We Love Our City" for the donations to the food bank. Land Use/Transportation Committee (LUTC) — Councilmember Dovey shared the next meeting will be December 4; this will be the final committee meeting of the year. Finance, Economic Development Regional Affairs Committee (FEDRAC) — Councilmember Tran noted two ordinances on the agenda were forwarded from FEDRAC. Council President Kochmar left the meeting at 7:42 p.m.; she returned at 7.48 p.m. Councilmember McDaniel briefly left the meeting at 7:47 p.m.; he returned at 7:48 p.m. Lodging Tax Advisory Committee (LTAC) — no report. Deputy Mayor & Regional Committees Report — Deputy Mayor Honda congratulated Tukwila Councilmember Hougardy who recently received the Women of Excellence award, and noted she was excited to be appointed to the Women in Municipal Leadership Board. Council President Report — Council President Kochmar thanked Mayor Ferrell for securing funds for the local food banks. She encouraged generous support for those in need. Federal Way City Council Regular Minutes Page 2 of 11 November 21, 2023 6. CONSENT AGENDA a. Minutes: November 8, 2023 Regular and Special Meeting Minutes b. Street Light Infill Project, 85% Design and Authorization to Bid c. Neighborhood Traffic Safety (NTS) Program Project: S 304th (Pacific Hwy S to 28th Ave S) d. Adaptive Traffic Signal Control - City Center Phase 2 - Project Acceptance e. Citywide Pedestrian Safety Improvements - Approval to Award f. 2024 Asphalt Overlay Program Preliminary Project List and Authorization to Bid g. Citywide Adaptive Signal Control System - ITS Improvements Phase 1,2, and 3 - Project Acceptance h. 2022 Storm Pipe Repair Project - Project Acceptance i. Former Bridges Barn Demolition - Project Acceptance j. Transportation Demand Management Implementation Agreement with WSDOT k. Authorization to Enter into an Interlocal with King County for Conservation Futures Tax Levy (CFT) Grant 2024 Diversity Commission Work Plan m. Community Fireworks Display for the Red, White & Blues Festival Contract n. Staffing Position Control Change at the Federal Way Community Center o. Systems for Public Safety Agreement - Amendment 3 p. Internet Crimes Against Children ("ICAC") - Memorandum of Understanding (MOU) between Seattle PD and Federal Way PD for Funding for Officer Support Activities/Training q. Pierce Transit Extra Duty Police Services Interlocal Agreement Amendment 4 r. Jail Services Agreement SCORE Jail - Amendment 1 COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS (A) THROUGH (R); SECOND BY COUNCILMEMBER MCDANIEL. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson excused Councilmemberpovey yes Councilmember McDaniel yes 7. PUBLIC HEARINGS a. Ordinance: Amendments to Wild Waves Concomitant Development Agreement* Mayor Ferrell opened the public hearing at 7:55 p.m. Community Development Director Keith Niven overviewed the proposed amendments to the current Wild Waves Concomitant Development Agreement which was implemented in 1998. If approved, this would be the fourth amendment to the original document. Federal Way City Council Regular Minutes Page 3 of 11 November 21, 2023 He noted the requested changes include: changes to permitted uses by removing acreage limitation on hotels and/or warehouses; clarification to hours of operation; traffic, mitigation, and impact fees; and to extend the term through 2053. Public Comment: Jody Kneupper, Wild Waves Park President, supports the amendment and feels this will allow for park growth. One written comment from Margaret Ter p was received in opposition to the amendment and forwarded to City Council prior to the meeting. COUNCILMEMBER DOVEY MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson excused Councilmember Dovey yes Councilmember McDaniel yes b. First Amendment to the 2023 Community Development Block Grant (CDBG) Annual Action Plan Mayor Ferrell opened the public hearing at 8:09 p.m. Human Services Coordinator Kim Bachrach presented details on the proposed first amendment of the 2023 Community Development Block Grant (CDBG) Annual Action Plan. No public comments were received. COUNCILMEMBER WALSH MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson excused Councilmember Dovey yes Councilmember McDaniel yes COUNCILMEMBER WALSH MOVED APPROVAL OF THE FIRST AMENDMENT TO THE 2023 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson excused Councilmember Dovey yes Councilmember McDaniel yes c. Program Year 2024 Community Development Block Grant (CDBG) Annual Action Plan Mayor Ferrell opened the public hearing at 8:15 p.m. Human Services Coordinator Kim Bachrach noted the overview of the program was the same as the previous item and outlined the proposed allocations. Federal Way City Council Regular Minutes Page 4 of 11 November 21, 2023 No public comments were received. COUNCILMEMBER WALSH MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER DOVEY. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson excused Councilmember Dovey yes Councilmember McDaniel yes COUNCILMEMBER WALSH MOVED APPROVAL OF THE 2024 COMMUNITY DEVELOPMENT BLOCK GRANT; SECOND BY COUNCILMEMBER DOVEY. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson excused Councilmember Dovey yes Councilmember McDaniel yes Councilmember Assefa-Dawson jointed the meeting at 8:19 p.m. 8. COUNCIL BUSINESS a. Notification of Emergency Procurement and Authorization to Repair and Replace Vehicles and Equipment due to vandalism and theft at Steel Lake Maintenance Facility Public Works Director EJ Walsh reported on a recent burglary at the Steel Lake Maintenance Facility totaling approximately $213,793. Due to the significance of the theft, Mayor Ferrell signed an emergency declaration allowing for replacement of critical equipment necessary for emergency responses and essential functions. Director Walsh is currently seeking Council authorization for the approved emergency procurement, as well funds to cover the remaining losses. Parks Director John Hutton reported Mayor Ferrell directed staff to secure the facility with onsite security, which has been contracted on an interim basis. Ongoing funding for security will need to be identified. Councilmembers suggested looking at remaining ARPA funds, and agreed to hold this discussion until that point in the agenda. COUNCIL PRESIDENT KOCHMAR MOVED TO APPROVE THE EMERGENCY PROCUREMENT AND AUTHORIZATION TO REPAIR AND REPLACE VEHICLES AND EQUIPMENT AT THE STEEL LAKE MAINTENANCE FACILITY FOR THE LOSS AMOUNT OF $213,793; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes COUNCIL PRESIDENT KOCHMAR MOVED TO APPROVE ON -SITE SECURITY FOR THE STEEL LAKE FACILITY IN THE AMOUNT OF $187,440; SECOND BY COUNCILMEMBER DOVEY. In response to Council questions, Finance Director Steve Groom assured that the funding for security could be identified. City Administrator Brian Davis agreed, noting this is a high priority Federal Way City Council Regular Minutes Page 5 of 11 November 21, 2023 need to ensure both Parks and Public Works to continue their level of service for the community. Councilmember Tran indicated concern with the cost and does not support the motion. Councilmember Dovey suggested the request is not sufficient to cover the need, and suggested the amount be increased. COUNCILMEMBER DOVEY MOVED TO AMEND THE PREVIOUS MOTION TO BROADEN THE MEASURES TO INCLUDE `SECURITY AND HARDENING OF THE TARGET' FOR TOTAL AUTHORIZATION OF $250,000; SECOND BY COUNCILMEMBER WALSH. Council President Kochmar suggested a friendly amendment to include "up to but not to exceed $250,000" in the pending motion. The maker of the motion and the second accepted the friendly amendment. Amendment clarified: COUNCILMEMBER DOVEY MOVED TO AMEND THE PREVIOUS MOTION TO BROADEN THE MEASURES TO INCLUDE `SECURITY AND HARDENING OF THE TARGET' FOR UP TO BUT NOT TO EXCEED $250,000; SECOND BY COUNCILMEMBER WALSH The amendment passed 5-2 (Tran and McDaniel dissenting): Council President Kochmar yes Councilmember Tran no Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel no Main Motion, as amended: COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE UP TO BUT TO NOT EXCEED $250,000 FOR `ON -SITE SECURITY AND HARDENING OF THE TARGET' FOR THE STEEL LAKE MAINTENANCE FACILITY; SECOND BY COUNCILMEMBER DOVEY. The main motion as amended passed 5-2 (Tran and McDaniel dissenting): Council President Kochmar yes Councilmember Tran no Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel no b. 2024 Legislative Agenda Policy Advisory Bill Vadino introduced State Lobbyist Jim Hedrick who provided information on the state legislative schedule for 2024. Mr. Vadino overviewed the proposed legislative priorities. COUNCIL PRESIDENT KOCHMAR MOVED TO APPROVE THE 2024 LEGISLATIVE AGENDA; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes At 9:40 p.m. Mayor Ferrell announced the Council would take a brief recess; he reconvened the meeting at 9:49 p.m. COUNCIL PRESIDENT KOCHMAR MOVED SUSPEND COUNCIL RULES TO EXTEND THE MEETING PAST 10:00 P.M.; SECOND BY DEPUTY MAYOR HONDA. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 6 of 11 November21, 2023 Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes C. ARPA Grants for Financial Literacy and Workforce Development Community Services Manager Sarah Bridgeford reported the city received eleven (11) applications in response to the Financial Literacy & Workforce Development RFP. Following review by the Human Services Commission four (4) applications were recommended for consideration for the $650,000 previously allocated by the Council with ARPA funds. COUNCILMEMBER DOVEY MOVED TO ALLOCATE $450,000 FROM ARPA TOWARDS THE LOSSES AT THE STEEL LAKE MAINTENANCE FACILITY (EQUIPMENT, TOOLS, AND SECURITY MEASURES); $100,000 FOR THE CURRENT CITY FINANCIAL PROGRAM, $50,000 FOR THE WASHINGTON STATE CREDIT UNION FINANCIAL PROGRAM AND $50,000 FOR FUSION POVERTY BAY CAFE JOBS TRAINING PROGRAM; COUNCILMEMER WALSH SECOND. Councilmembers debated various iterations of allocating the $650,000 of ARPA funds. Councilmembers thanked the Human Services Commission and expressed a desire to fund the Human Service programs sufficiently for success. Council continued to debated and asked various questions of city staff. Council President Kochmar suggested a friendly amendment to modify the motion and remove the split between the Washington State Credit Union and the FUSION Job Training Program, to allocate the entire $100,000 to the FUSION Jobs Training Program. The maker of the motion and the second agreed. Councilmember Tran reiterated his opposition to on -site security as he does not believe there is a need. Motion restated. COUNCILMEMBER DOVEY MOVED TO ALLOCATE $450,000 FROM ARPA TOWARDS THE LOSSES AT THE STEEL LAKE MAINTENANCE FACILITY (EQUIPMENT, TOOLS, AND SECURITY MEASURES); $100,000 FOR THE CURRENT CITY FINANCIAL PROGRAM, AND $100,000 FOR THE FUSION POVERTY BAY CAFE JOBS TRAINING PROGRAM; COUNCILMEMER WALSH SECOND. The motion failed 4-3 (Honda, Assefa-Dawson, McDaniel, and Tran dissenting): Council President Kochmar yes Councilmember Tran no Deputy Mayor Honda no Councilmember Walsh yes CouncilmemberAssefa-Dawson no Councilmemberpovey yes Councilmember McDaniel no COUNCILMEMBER MCDANIEL MOVED TO ALLOCATE $250,000 OF ARPA MONEY TO FUND REPLACEMENT OF THEFT, SECURITY, AND HARDENING OF THE MAINTENANCE FACILITY; AND $100,000 EACH FOR CASA LATINA, FUSION, YWCA, AND FINANCIAL LITERACY WORKSHOP; SECOND BY COUNCILMEMBER TRAN. Council discussion continued regarding, the need for security at the Steel Lake Maintenance Facility and how it can be funded. Deputy Mayor Honda suggested a friendly amendment to allocate $400,000 (for security measures) and reduce the Financial Literacy and Workforce Grants to $50,000 for each of the four organizations. The maker of the motion declined the friendly amendment. Federal Way City Council Regular Minutes Page 7 of 11 November 21, 2023 Councilmember Dovey proposed a friendly amendment for $350,000 (for Steel Lake Maintenance Facility) replacement of tools, equipment and security measures with the balance of $300,000 allocated evenly at $75,000, between the four organizations. The maker of the motion declined the friendly amendment. After continued debate, Councilmember McDaniel proposed an amended motion, Councilmember Tran (second of the main motion) agreed. Amended motion: COUNCILMEMBER MCDANIEL MOVED TO ALLOCATE $325,000 OF ARPA MONEY TOWARDS THE OPERATIONS AND MAINTENANCE FACILITY REPAIRS, REPLACMENT OF THE TOOLS, SECURITY, AND HARDENING; AND USE THE REMAINING $325,000 DIVIDED FOUR WAYS EVENLY AT $81,250 FOR CASA LATINA, FUSION, YWCA, AND THE CITY FINANCIAL LITERACY WORKSHOP; SECOND BY COUNCILMEMBER TRAN. The motion as amended passed 6-1 (Assefa- Dawson dissenting). Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson no Councilmember Dovey yes Councilmember McDaniel yes 9. ORDINANCES — FIRST READING a. Council Bill #868/Ordinance: 2023 Annual Comprehensive Plan Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, THE COMPREHENSIVE PLAN MAP, AND ZONING MAP; DESIGNATING A DOWNTOWN ARCHITECTURAL OVERLAY; CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMATELY 20 ACRES LOCATED NORTH OF S 316TH STREET BETWEEN PETE VON REICHBAUER WAY S AND 23RD AVE S, FROM CITY CENTER FRAME (CC-F) TO CITY CENTER CORE (CC-C); AND CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF 19.05 ACRES OF LAND LOCATED ON THE NORTH SIDE OF S 320TH STREET, EAST OF 1-5, FROM MULTI -FAMILY (RM2400) TO COMMERCIAL ENTERPRISE (CE). (AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938 23-954, 23-956 AND 23-967) Senior Planner Chaney Skadsen overviewed the proposed Comprehensive Plan amendments. Community Development Director Keith Niven answered Council questions regarding architectural overlay and questions specific to the South King Fire property rezone. Public Comment: Fire Chief David VanValkemburq spoke in support of the rezoning indicating it will allow the department to surplus the property. Evan Schneider spoke in support of the rezone. Deputy City Clerk Jennifer Marshall read the ordinance title into the record. Federal Way City Council Regular Minutes Page 8 of 11 November21, 2023 COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE DECEMBER 5, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes b. Council Bill #869/Ordinance: Code Amendments Relating to City Center -Care and City_ Center Frame AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO DEVELOPMENT REGULATION AMENDMENTS APPLICABLE TO THE CITY CENTER CORE (CC-C) AND CITY CENTER FRAME (CC-F) ZONES AND ADOPTION OF A DOWNTOWN ARCHITECTURAL OVERLAY; AMENDING FWRC 19.05.040, 19.05.060, 19.05.160, 19.110.080, 19.115.020, 19.115.050, 19.115.060, 19.115.070, 19.115.090, 19.120.030, 19.125.060, 19.190.010, 19.225.010, 19.225.015, 19.225.020, 19.225.030, 19.225.040, 19.225.050, 19.225.055, 19.225.060, 19.225.070, 19.225.075, 19.225.080, 19.225.090, 19.225.100, 19.225.105 19.225.110, 19.225.120, 19.225.130, 19.225.140, AND 19.230.030; ADDING FWRC 19.245.020 AND 19.110.025; AND REPEALING FWRC 19.130.150. (AMENDING ORDINANCE NOS. 90-43, 93-170, 96-270, 96-271, 97-291, 97-296, 97-300, 99-333, 00-363, 01-382, 01-385, 01-390, 01-399, 02-424, 03-443, 05-506, 06-515, 06-542, 07-554, 07-559, 08-585, 09-593, 09-604, 09-605, 09-610, 09-630, 09-633, 10-678, 12-724, 12-727, 12-735, 13-750, 13-754, 14-778, 15-797, 17-834, 18-844, 18-850, 20-898, 21-921, 22-929, 22-930, 22-932, 23-949, 23-958, 23-961, AND 23-963) Community Development Director Keith Niven presented information on the proposed ordinance which is a companion to the Comprehensive Plan Amendments. This update will result in development standards to better reflect Council's urban vision for the city center and downtown. No public comment was received. Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE DECEMBER 5, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes c. Council Bill #870/Ordinance: Amendments to Wild Waves Concomitant Development Agreement AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE ENCHANTED PARKS, INC. CONCOMITANT DEVELOPMENT AGREEMENT (AMENDING ORDINANCE NOS. 98-310 AND 17-840). No additional presentation was made on this item. Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE DECEMBER 5, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER WALSH. Federal Way City Council Regular Minutes Page 9 of 11 November 21, 2023 Deputy Mayor Honda expressed concerns regarding the warehouse portion of the amendment fearing the full property could be turned into warehouses. Community Development Director Keith Nivens responded there is nothing in the proposed development agreement that would preclude that type of development. Council discussion continued regarding a potential future development of a hotel and concern with increased road noise in the area if warehouses were developed. Council also shared their appreciation for the park as a regional attraction for the city. Wild Waves Owner John Stock spoke in support of the amendment. Council asked staff additional clarifying questions regarding SEPA review and permitting timeline. Councilmember Dovey called the question; Council concluded debate. The main motion passed 6-1 (Honda dissenting). Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda no Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes ORDINANCES — SECOND READING/ENACTMENT: d. Council Bill #866/ Ordinance: 2028-2024 Biennial Budget Midyear Amendment/APPROVED ORDINANCE 23-974 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET (Amending Ordinance Nos. 22-941, 23-959 and 23-966). Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes e. Council Bill #867/ Ordinance: 2024 Property Tax Levy1APPROVED ORDINANCE 23- 975 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2024. Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-1 (McDaniel dissenting): Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel no f. Council Bill #865/Ordinance: Ordinance relating to a Concomitant Zoning Agreement Federal Way City Council Regular Minutes Page 10 of 11 November 21, 2023 Amendment for the WinCo Food Properly!APPROVED ORDINANCE 23-973 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO APPROVAL OF AN AMENDMENT TO THE WINCO FOODS CONCOMITANT ZONING AGREEMENT TO REMOVE THE APPLICABILITY OF THE CONCOMITANT ZONING AGREEMENT TO THE WINCO FOODS PROPERTY. (Amending Ordinance No. 91-99) Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes 10. COUNCIL REPORTS Councilmember Dovey, Councilmember Tran, Councilmember McDaniel, and Councilmember Assefa-Dawson provided no report. Councilmember Walsh wished everyone a happy Thanksgiving and noted a singing event he is participating in. Deputy Mayor Honda welcomed Councilmember Assefa-Dawson home and wished everyone a safe Thanksgiving Council President Kochmar congratulated her granddaughter's soccer team who made it to the state championship. 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 11:34 p.m. Attest: Stephanie Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 11 of 11 November 21, 2023 CITY OF Federal Way Centered on Opportunity CITY COUNCIL SPECIAL MEETING MINUTES City Hall - Council Chambers November 21, 2023 - 4:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 4:31 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Paul McDaniel, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Assistant City Attorney Kent van Alstyne, Deputy City Clerk Jennifer Marshall, and City Administrator Brian Davis. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute Mayor Ferrell excused Councilmember Lydia Assefa-Dawson's absence due to travel noting she anticipates participating remotely in the Regular Meeting. 3. STUDY SESSION a. Parks, Recreation, Open Space (PROS) Plan; Brooklake Master Plan and Steel Lake Master Plan Updates Deputy Parks Director Jason Gerwen introduced consultants Wayne Carlson and Alex Campbell with AHBL, Inc. who participated in the presentation and discussion regarding: * Parks, Recreation, Open Space (PROS) Plan * Brooklake Park Master Plan * Steel Lake Master Plan Deputy Director Gerwen provided an overview of the Parks, Recreation and Open Space (PROS) Plan and the addition of a Parks Chapter to the Comprehensive Plan for the first time in the history of the city. He noted the ongoing public seeking community input throughout this process. Mr. Carlson explained the PROS Plan and Mr. Campbell outlined the timeline for both the PROS and Master Plans with the intention to present final designs to the Planning Commission in March of 2024. Federal Way City Council Special Minutes Page 1 of 2 November 21, 2023 Deputy Director Gerwen led a discussion on the plan and specifically Brooklake and Steel Lake Parks seeking Council input and direction. Council provided ideas and visions for both properties including programming which would include the Historical Society, a Welcome Center, and reconfiguration of some of the property and green spaces. Council concluded the discussion thanking the Parks staff for their work noting the excellent feedback they often receive regarding parks in the city. 4. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 5:50 p.m. Attest: Jennifer Marshall Deputy City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 November 21, 2023 COUNCIL MEETING DATE: December 5, 2023 ITEM #: 6b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: OCTOBER 2023 MONTHLY FINANCIAL REPORT POLICY QUESTION: Should the Council approve the October 2023 Monthly Financial Report? COMMITTEE: FINANCE, ECONOMIC DEVELOPMENT AND REGIONAL MEETING DATE: Nov. 28, 2023 AFFAIRS COMMITTEE (FEDRAC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Groom, Finance Director DEPT: Finance Attachments: October 2023 Monthly Financial Report Options to Consider: 1. Approve the October 2023 Monthly Financial Report as presented 2. Deny approval of the October 2023 Monthly Financial Report and provide direction to staff MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1. MAYOR APPROVAL ,Irr ,&-L •%h 01 I11M1 DIRECTOR APPROVAL: I 1 { Z 3 Daie COMMITTEE RECOMMENDATION: I move to forward the October 2023 Monthly Financial Report to the December S, 2023 consent agenda for approval. �►l.iRM M_' Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Monthly Financial Report. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # 4% CITY OF 1�, Federal Way DATE: November 28, 2023 TO: Mayor and City Council Management Team FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: Monthly Financial Report FINANCE DEPARTMENT This report is to brief you on monthly and year-to-date (YTD) revenues and expenses, compared to budget and prior year, on the city's cash and fund balance positions, and on the monthly investment performance, transactions and current holdings. Generally, City's cash position continues to be strong, budgetary controls on expenditures are resulting in a slightly favorable variance and revenues are strongly positive. General/Street Fund Summary: Revenues & Transfers In are favorable to YTD budget of $44.55M by $4.48M or (10.1%). Expenditures & Transfers Out are favorable to YTD budget of $52.16M by $0.05M or 0.1% primarily due to timing of ARPA spending. 12.00 % 10.00 % 8.00% 6.00% 4.00% 2.00% 0.00% -2.00 % Revenue General/Street Fund % of Budget General/Street Fund Cumulative Yearto Date $55,000,000 $50,000,000 $45,000,000 $40,000,000 Revenue Budget 0 Actual Expense Expense CITY OF ,A Federal Way Other Fund Highlights FINANCE DEPARTMENT ' Utility Tax revenue is trending favorably, $0.67M or 5.0% above 2023 YTD budget, and $0.92M or 7.1% above 2022 YTD actual. Utility tax on water/sewer and addition of 10% on solid waste services account for the increase. ' Real Estate Excise Tax (REET) is $1.35M or 31.2% below 2023 YTD budget, and $1.72M or 36.6% below 2022 YTD collections. This is an indicator of the Federal Way real estate market's volume and valuations. ' Expenditures & Transfer Out is unfavorable, $0.08M or 0.3% above YTD budget, but $0.66M below 2022 YTD actuals. The unfavorable variance to budget is primarily due to an increase in jail expenditures. OTHER SIGNIFICANT FUNDS OF NOTE 2022 2023 YTD Budget vs. Actual FawraNel(Unfawrade) Annual Budet Annual Actual YTD Actual Annual Budget YTD Bu et YTD Actual $ Revenues: Utility Tax 10,584,294 11,858,892 8,815,411 12,449,432 8,957,108 9,326,771 369,663 4.1% Utility Tax- Prop 1 Voter Package 3,093,312 3,460,473 2,511,722 3,402,436 2,511,722 2,720,315 208,593 8.3% 'Utility Tax -Solid Waste l0o/o 2,000,000 Z310,053 1,719,852 2,200,000 1,833,333 1,920,445 87,112 4.8% Real Estate Excise Tax 4,421,454 5,117,985 4,696,808 5,521,000 4,323,740 2,976,021 (1,347,719) -31.2% 'Traffic Safet (Red light/School Zone) 2,872,442 3,842,343 3,238.795 3,000.000 2,476.426 3,778,127 1.301.701 52.6°/a Hotel/Motel LodgingTax 150,000 281,845 209,422 293,000 225,402 216,425 (8,977) 4.01/o Federal Way Community Center 1,690,875 1,761,950 1,191,425 1,930,875 1,609,063 1,288,012 321,050) -20.0% Perforating Arts & Event Ctr Operations 1,611,664 1,690,259 1,196,856 1,279,780 1,066,484 1,0,614 359,130 33.7% Dumas Bay Centre Fund 535,151 591,019 424,925 527,698 439,748 696,476 256,728 58.4°/a Total Revenues 2059,192 30914,819 24,005316 30,604,221 23,443,025 24348,205 905,180 3.9% Ependitures & Transfers Out: Utility TaxSupporttoOtherFundsforoperations 9,734,702 9,837,985 7,874,034 11,804,598 6,327,446 6,327,446 0.01/0 !Utility TaxPrO osition 1 operations 4,170,275 4,126,995 3,250,688 4,471,873 3,726,561 3,02$827 697,734 18.7% !Solid Waste 10%Utilit Tax -Residential Streets Overlay 3,418,862 1098,307 1,772,043 3,680,166 3,066,805 2,713,700 353,105 11.5% 'Real Estate Excise Tax Su on to Debt and Capital Projects 5,989,440 5,989,440 537.986 7,055,343 3,736,343 3,736,343 0.01/0 'rraffic Safety (Red light/school Zone) 3,529,722 3,529,723 2,923,247 3,846,735 3,205,613 2,873,351 332,262 10.4°/a HoteVMotel Lodging Tax 155,000 20,598 16,3081 65,000 54,167 75,949 (21,782) 40.2% ,Jail Fund Services 2,644,584 Z871,371 1,854,354 2,500,000 2,083,333 3,037,511 954,178) 45.8% .Federal Way Community Center 2,756,334 Z590,528 1,892,840 2,279,893 1,899,911 1,964,905 1 (64,994) -3.4% .Perfonring Arts & Event Or Operations 2,631,641 2631378 2,049,003 2,,483,359 2,069,466 2378,511 (309,045) • 14.9°/a .Dumas Bay Centre Fund 1,000,110 845,470 696,417 764,097 636,747 745,316 (108,569) -17.1% Total Expenditures & Transfers Out 36,030,671 34441,794 27,536,921 38,951,064 26,806391 26,881,860 75,468 -0.3% IFUnding Fund Balance Utility Tax(non-Pro 1) 3,385,633 4,646,109 4,011,026 4,791,900 7,645,431 n/a n/a Utilit Tax- Prop IVoter Package 1263.680 1.57L054 1.054.526 1.000.659 1,314,373 n/a n/a, Utility Tax -Solid Waste 101/o 1,632,240 1,368,404 152,073 838,985 n/a n/a Real Estate ExciseTaxFund 2,546,600 3,217,658 3,578,459 1,683,316 2,457,336 n/a n/a Traffic Safety Fund 2,124,096 2,493,443 2,450,906 1,646,708 3,398,219 n/a n/a HoteVMotel Lod in Tax 1,605,161 1,868,015 1,797,898 2,096,015 2,008,491• n/a nla Jail Fund 7,260 (2) 0 1 n/a n/a Federal Way Community Center 1,500,393 1,737,273 1,364,436 2,256,756 1,511,410 n/a n/a Perfoaring Arts & Event CtrOperations 873,587 873,936 21,443 778,344 1,029,025 n/a n/a Dumas Bay Centre Fund 1,500,001 1,710,510 1,393,468 2,102,259 1,661,669 n/a n/a Total Eluding Fund Balance S 14.799,148 r7S19,757,498 S 17,040$5 S 16,508,031 $21,865,001 nla n/a CITY OF 4Ab Federal Way Revenues and Expenditures: General & Street Fund Financial Highlights As detailed in the table below: FINANCE DEPARTMENT • Sales Tax revenue is trending favorably, $0.82M or 5.5% above 2023 YTD budget, and $1.51M or 10.7% above 2022 YTD collections. Retail sales and services are $425K above 2022 YTD collections. This is an indicator of the health of the local economy. • CD Permits & Fees revenue is trending favorably, $1.05M or 30.2% above 2023 YTD budget, and $1.45M or 47.1 % above 2022 YTD collections. ' Total Expenditures & Transfer Out is below YTD budget by $0.05M, but $5.55M or 11.9% above 2022 YTD actuals. Expenditures are trending back to pre -pandemic levels. Compared to YTD budget, expenditures have been trending favorably, primarily due to timing of community service grant payments, filling of Police Department vacant positions, and timing of expenditures for ARPA spending. GENERAL & STREET FUND SUMMARY 2022 2023 YTD Budgeti. Actual Fawrablelobiora&) Annual Budget Annual Actual YTD Actual Annual Budget YTD Budget YTD Actual $ % Beginning Fund Balance $ 21,339,329 $ 21,339,329 $ 21,339,329 $ 27,709,983 $ 27,709,983 $ 27,709,986 1 nla nla Revenues: Covid-191American Rescue Plan (ARPA) Grants 9,608,443 9,608,443 9,608,443 - nla Sales Tax 18,349,755 19,204,963 14,201,433 20,170,852 14,892,419 15,714,134 821,715 5.5% Properly Taxes 11,357,280 11,590,675 9,551,103 11,762,933 10,292,566 10,680,142 387,576 3.8% State Shared Revenue 3,022,000 3,126,093 2,363,126 3,153,260 2,383,663 2,409,933 26,270 1.1% CD Pemits & Fees 2,564,111 4,040,3851 3,076,070 4,333,019 3,472,937 4,523,421 1,050,484 302% Business License Fees 622,000 724,126 605,846 682,631 556,385 637,331 80,947 14.5% Admissions Tax 306,513 834,953 724,030 339,265 282,721 734,091 451,370 159.7% Other Revenues 11,678,849 12,440,091 8,833,911 13,052,802 9,564,266 11,230,080 1,665,815 17.4% Transfers in fromOther Funds to support operations 7,356,718 7,268,912 5,705,912 8,372,201 3,100,610 3,100,610 0.0% Total Revenues & Transfer In 64,865,669 68,838,642 54,669,875 61,866,962 44545,566 49,029,744 4,484,177 10.1% Total Egynkres & Transfer Out 76,102,125 62,467,985 46,556,958 79$7,401 52,157,503 52,108,810 48,693 0.1% Total UnE FundMance 1$10J02,874 $ 27,709,986 $ 29,452246 $10,069444 $ 20,098,046 $ 24,6304120 61.nla CITY OF ,A 1% . Federal Way Sales Tax FINANCE DEPARTMENT Revenues are favorable to 2023 YTD budget by $0.82M or 5.5% and above 2022 YTD actual by $1.51M or 10.7%. The sales tax collected for transactions at point of sale is remitted to the City from the State on a two -month lag, after retailers remit to State the first month. $22,000,000 $20,000,000 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 City of Federal Way - Sales Tax Revenue Received Current Year Actual vs. Budget and Prior Year -ate 11 • `Sac vo 4aa 1 Jp '� vo 14e9 C° pec LOCAL RETAIL SALES TAX REVENUES YTD October !Month 2022 Actual 2023 Fawrabi a/(Unfawrabie) Change from 2022 YCD Actual vs Budget Budget Actual S % $ % Jan 1,653,281 $ 1,875,011 $ 1,917,1131 $ 263,832 16.0% $ 42,102 2.2% Feb 1,284,275 1,397,709 1,425,556 141,280 11.0% 27,847 2.0% Mar 1,314,196 1,327,417 1,599,609 285,413 21.7% 272,192 20.5% Apr 1,636,738 1,648,748 1,768,995 132,257 8.1% 120,247 7.3% May 1,556,411 1,547,662. 1,622,066 65,655 4.2% 74,404 4.8% Jun 1,534,290 1,632,597 1,750,786 216,496 14.1% 118,189 7.2% Jul 1,679,199 1,803,706 1,931,467 252,268 15.0% 127,762 7.1% Aug 1,785,214 1,844,525 1,850,860 65,646 3.7% 6,335 0.3% Sep 1,757,829 1,815,045 1,847,683 89,854 5.1% 32,638 1.8% Oct 1,721,219 1,867,738 - - - Nov 1,649,918 1,714,572 - - Dec 1,632,393 1,696,122 - YTDTatal $ 14,201 $ 14,892,4I9` 15714,134 5 1,51Z,702 10.7°/0 $ 821,715 Annual Total $ 19,204,963 $ 20,170,852 n/a n/a n/a I n/a n/a CITY OF Federal 'Way City of Federal Way Sales Tax Revenue Comparison by Group s6,000,000 57,000,000 56,000,000 SV00,000 54,0uo,0u0 ■ YTD 2022 YTD 2023 53,000,000 S1,00Q000 �I- Ot- FINANCE DEPARTMENT City of Federal Way YTD Sales Tax Revenue Comparison by i.ocation 53,000,000 $2,500,000 52,000,000 51,500,000 51,000,000 S500,000 Hotels& GaTe-v Pavilion The Commons 5312- 53d$th R-d M of cls Cnn. cr Ccnter 316en Bloc:: • 2020 - ® 2021 R 2022 11;2023 Hotel/Motel Lodging Tax Revenues are unfavorable to 2023 YTD budget by $9.OK or 4.0% but above 2022 YTD actuals by $7.OK. The travel, tourism, and hospitality industry was significantly impacted by COVID-19, but has nearly returned to pre -pandemic levels. City of Federal Way - Lodging Tax Revenue Received 5350,000 Current Year Actual vs, Budget and Prior Year 5300,000 $250,000 $200,000 $150,000 5100,000 O BadBet cumulative Prior Year Cumulative $50,000 Actual cumulative $G I City of Federal Way Historical Lodging Tax Remittances by Month $40,000 535,000 $30,000 $25,000 I $20,000 $15,000 $10,000 55,000 I 2016 a a017 ■ 2015 ■ 2019 W 2020 .12021 n 2022 @g 2023 HOTEL/MOTEL LODGING TAX REVENUES Year-to-date thru October * Month 2022 Actual 2023 Favorable/(Unfavorable) Change from 2022 YTD Actual vs Budget Budget Actual $ % $ % Jan $ 15,770 $ 20,487 $ 16,787 $ 1,017 6.4% $ (3,701) -18.1% Feb 16,937 19,550 16,159 (778) -4.6% (3,391) -17.3% Mar 19,965 21,018 21,239 1,274 6.4% 222 1.1% Apr 26,925 24,210 27,280 355 1.3% 3,070 12.7% May 19,237 22,229 19,444 207 1.1% (2,784) -12.5% Jun 20,135 22,154 21,163 1,0281 5.1% (992) 4.5% Jul 28,005 29,972 32,180 4,176 14.9% 2,208 7.4% Aug 32,422 33,167 32,746 324 1.0% (422) -1.3% Sept 30,027 32,614 29,427 (599) -2.0% (3,187) -9.8% Oct 25,640 26,984 - - Nov 21,186 22,800 - - Dec 25,598 17,814 - - YTD Total $ 209,422 1 $ 2254402 $ 216,425 $ 7,003 3.3% I $ (8,977) 4.00// Annual Total $ 281,845 1 $ 293,000 n/a n/a n/a n/a n/a Federal Wa � y FINANCE DEPARTMENT Business License Fees Revenues are favorable to YTD budget by $81K or 14.5% and above 2022 YTD actual by $31K or 5.2%. New Monthly Business License Count i,,Total2022 BL 300 INTotal2023 BL 270 270 ■ Current Outstanding 250 218 202 200 171 166 150 135 143 149 120 103 100 84 93 - 86 88 69 66 61 5Q 50 Jan Feb Mar Apr May June July Aug Sept Oct *excludes outside contractor businesses Business License Revenue Month 2022 Actual 2023 Favorable/(Unfavorable) Change from 2022 YTD Actual vs Budget Budget Actual $ % $ % Jan $ 52,893 $ 101,359 $ 62,005 9,113 17.2% (39,354) -38.8% Feb 50,062 62,138 44,674 (5,388) -10.8% (17,464) -28.1% Mar 72,588 45,587 86,195 13,608 18.7% 40,608 89.1% Apr 58,647 49,891 67,910 9,264 15.8% 18,019 36.1% May 65,452 35,550 61,588 (3,863) -5.9% 26,038 73.2% Jun 70,861 71,348 76,843 5,982 8.4% 5,495 7.7% Jul 52,477 45,887 59,531 7,055 13.4% 13,644 29.7% Aug 74,576 53,013 53,820 (20,756) -27.8% 807 1.5% Sep 55,100 53,458 72,038 16,938 30.7% 18,580 34.8% Oct 53,193 38,153 52,727 (466) -0.9% 14,574 38.2% Nov 64,265 47,611 - - - - Dec 54,014 78,635 - - - - - YTD Total $ 605,847 $ 556.385 $ 637,331 31.485 5.2% 80,947 14.5% Annual Total 724.126 $ 682.631 n/a n/a n/a n/a n/a CITY OF Federal Way Community Development Permit Activity FINANCE DEPARTMENT Revenues are favorable to 2023 YTD budget by $1.05M or 30.2% and above 2022 YTD actual by $1.4M or 47.1 %. Annual Total 2017 - $2,019,477 2018 - $2,595,395 2019 - $4,546,432 2020 - $1,964,825 2021 - $3,229,113 2022 - $4,040,385 BUILDING & LAND USE PERMITS AND FEES (CD) Year-to-date thru October Month 2022 Actual 2023 Change from 2022 Fawrable/(Unfavorable) YTD Actual vs Budget Budget Actual $ % $ % Jan 198,005 224,348 213,046 15,041 7.6% (11,302) -5.0% Feb 245,722 320,583 546,470 300,749 122.4%1 225,888 70.5% Mar 276,562 280,803 595,518 318,956 115.3% 314,715 112.1% Apr 282,554 313,185 383,643 101,089 35.8% 70,457 22.5% May 286,805 366,145 669,687 382,883 133.5% 303,542 82.9% Jun 327,552 321,761 357,167 29,614 9.0% 35,406 11.0% Jul 184,861 323,350 422,815 237,954 128.7% 99,465 30.8% Aug 420,209 417,414 406,182 (14,027) -3.3% (11,232) -2.7% Sept 441,542 441,358 635,249 193,707 43.9% 193,891 43.9% Oct 412,259 463,990 293,644 (118,615) -28.8% (170,346) -36.7% Nov 476,608 438,636 - - - Dec 487,707 421,445 - - - YTD Total $ 3,076,070 $ 3,472,937 $ 4,523,421 $ 1,447,351 47.1% $ 1,050,484 30.2% Annual Total S 4.040.385 S 4,333.018 n/a n/a n/a n/a n/a Real Estate Excise Tax Revenues are unfavorable to 2023 YTD budget by $1.35M or 31.2% and below 2022 YTD actual by $1.72M or 36.6%. October 2023 activities include 83 real estate- transactions. There were 82 taxable residential sales (total sales $38.OM / $188K tax) and one commercial sale. REAL ES TATE EXCIS E TAX REVENUES Year-to-date thru October Month 2022 Actual 2023 Favorable/ (Unfawrable) Change from 2022 YTD Actual vs Budget Budget Actual $ % $ % Jan $ 241,514 $ 244,931 $ 192,302 $ (49,213) -20.4% $ (52,630) -21.5% Feb 269,472 352,972 253,046 (16,426) -6.1% (99,926) -28.3% Mar 458,276 335,140 438,312 (19,964) -4.4% 103,172 30.8% Apr 489,224 427,888 254,266 (234,958) -48.0% (173,623) -40.6% May 927,268 505,047 313,961 (613,306) -66.1% (191,085) -37.8% Jun 54,704 483,411 342,809 201,895) -37.1% (140,602) -29.1% Jul 653,733 481,686 248,329 (405,404. -62.0% (233,357) -48.4% Aug 419,157 622,350 284,620 (134,537) -32.1% (337,730) -54.3% Sep 406,732 417,540 453,885 47,153 11.6% 36,345 8.7% Oct 286,728 452,775 194,491 (92,238) -32.2% (258,284) -57.0% Nov 247,639 342,962 - - - Dec 173,537 854,298 - - WD Total 4,696,808 4,323,740 2,976,021 (1,720,787) -36.6% (1,347,719) -31.2% Annual Total $ 5,117,985 $ 5,521,000 n/a n/a I n/a I n/a In/a CITY OF A 1% Federal Way Proposition 1 Voter -Approved Utility Tax FINANCE DEPARTMENT Revenues are favorable to 2023 YTD budget by $0.26M or 10.4%. The increase in collections is due to an increase in water/sewer utility tax. - PROP 1 Utility Tax Fund 2022 2023 YID Budget Ns. Actual Favorable/(Unfawrable) Budget Annual Actual Budget YIDBudget YTD Actual S % Beginning Balance: 1,263,679 1,263,679 1,571,054 $ 1,571,054 1,571,054 - 0.0% 'Total Prop 1 Revenues: 3,093,312 $ 3,460,691 3,402,436 $ 2,511,722 $ 2,772,145 S 260,424 10.4% Transfer in from Utility Tax Fund 1,076.964 973,681 499.042 $ - n/a Public Safety Improvement Positions & Costs: Police Services (includes 1 Records Specialist, 16 Police Officers, & 2 Lieutenants) 2,832,128 2,687,253 2,974,715 $ 2,478,929 2,119,590 359,339 14.5% Court Services (includes .50 Judge, 1 Court Clerk, and Pro Tern Pay,Public Defender contract, 1.5 Prosecutors) 1,038769 1,196,054 1,163,732 $ 969,777 1 627,030 342,747 353% Total Public Safety Improvement Costs 3,870,898 3,883307 4,138,447 $ 3,448,706 2,746,620 702,086 20.4% Community Safety Program Costs: 1 Code Enforcement Officer 109,114 113,446 120,465 $ 100,388 103,896 (3,509) -3.5% .5 Assistant City Attorney 85,462 54,895 94,411 $ 78,676 61,423 17,253 21.9% 1 Parks Maintenance Worker I & Security 104,802 75,349 118,550 $ 98,792 116,888 (18,096) -18.3% Total Community Safety lmprowmentCosts 299,378 243,689 333,427 1 277,855 1 282,207 4351) -1.6% Total Prop 1 apenditures, 4,170,275 4,126,996 4,471,873 $ 3,726,561 3,028,827 1 697,734 18.7% 'Total Ending Fund Balance: $1,263.679 $ 1,571.054 S 1,000,658 $ 356.214 S 1 314372 1 $ (958,158) -269.0% Traffic Safety - Red Light / School Zone Revenues are above 2023 YTD budget by $1.30M or 52.6%, and above 2022 YTD actual by $0.54M or 16.7%. Traffic Safety Fund - Red Light Photo Revenue Month 2022 Actual 2023 Favorable/(Unfavorable) Change from 2022 YrD Actual vs Budget Budget Actual $ % $ % Jan $ 344,394 $ 257,240 $ 305,897 $ (38,497) -11.2% $ 48,657 18.9% Feb 338,105 238,078 425,952 87,847 26.0% $ 187,874 78.9% Mar 407,496 244,716 582,573 175,077 43.0% $ 337,857 138.1% Apr 337,133 254,512 502,534 165,400 49.1% $ 248,021 97.4% May 322,696 252,245 424,939 102,243 31.7% $ 172,694 68.5% Jun 366,055 301,935 401,659 35,603 9.7% $ 99,724 33.0% Jul 271,128 278,487 294,140 23,012 8.5% $ 15,653 5.6% Aug 330,043 196,829 263,310 (66,733) -20.2% $ 66,480 33.8% Sep 256,120 194,867 228,474 (27,646) -10.8% $ 33,607 17.2% Oct 265,625 257,518 348,651 83,026 31.3% $ 91,133 35.4% Nov 319,241 295,874 - - $ - Dec 284.307 22T700 - $ - YrD Total $ 3.238,795 $ 2,476,426 $ 3,778,127 $ 539,332 16.7% $ 1,301,701 52.6% Annual Totall $3.842.343 $3.000.000 n/a n/a n/a I n/a i n/a Traffic Safety Fund pays for 1 Lieutenant, 8 Police Officers, 3 City Traffic positions, Municipal Court security services, red light photo services, Valleycomm emergency communication services, School Zone Enhancements capital improvement projects, and patrol vehicles. 4% CITY OF Federal Way Tax FINANCE DEPARTMENT Revenues are favorable to 2023 YTD budget by $0.67M or 5.0% and above 2022 YTD actual by $0.92M or 7.1%, due to increase in water/sewer utility tax, and additional 10% on solid waste services. The utility tax collected by utility companies is remitted to city on a 2-month lag. UTILITY TAXES - - Year-to-date thru October Month 2022 Actual 2023 Favorable/(Unfavorable) Change from 2022 YTD Actual vs Budget Budget Actual $ Var % Var $ Var % Var Jan $ 1,692,180 $ 1,435,012 $ 1,807,080 $ 114,900 6.8% $ 372,068 25.9% Feb 1,642,378 1,552,872 1,650,189 7,811 0.5% 97,317 6.3% Mar 1,755,285 1,650,233 2,017,092 261,807 14.9% 366,858 22.2% Apr 1,413,785 1,485,650 1,585,574 171,789 12.2%1 99,924 6.7% May 1,389,291 1,427,149 1,412,840 23,549 1.7% (14,309) -1.0% Jun 1,213,829 1,618,838 1,291,342 77,513 6.4% (327,496) -20.2% Jul 1,260,575 1,284,264 1,254,694 (5,881) -0.5% (29,570) -2.3% Aug 1,221,401 1,255,430 1,309,112 87,711 7.2% 53,682 4.3% Sept 1,459,563 1,595,022 1,640,513 180,950 12.4% 45,491 2.9% Oct 1,275,498 1,324,086 - - - - Nov 1,507,296 1,384,930 - - - - Dec 1,800,115 2,040,690 - - - YTD Subtotal $ 13,048,287 $ 13,304,471 $13,968,436 $ 920,149 7.1% $ 663,965 5.0% Rebate (1,305) (2,308) (905) 400 0.0% 1,403 -60.8% YTD Total $ 13,046,982 $ 13.302.163 $13.967.531 $ 920.549 1 7.1% $ 665.368 5.0% Annual Total $ 16.992.709 $ 18,051,867 n/a n/a I n/a I n/a n/a UTHITYTAXES - by Type Year-to-date thru October Utility Type 2022 Actual 2023 Actual Favorable/(Unfawrable) Change from 2022 $ Electric $ 4,295,609 $ 4,485,890 $ 190,281 4A% Gas 1,362,369 $ 1,583,383 221,014 16.2% Water/Sewer 1,828,293 2,002,265 173,972 9.5% Solid Waste 1,332,886 1,488,345 155,459 11-7% Solid Waste- 10% 1,719,852 1,920,445 200,593 n/a Cable 1,213,952 1,157,065 (56,887) 47% Other 1,295,326 1,331,043 35,717 2.8% Tax Rebate (1,305) (905)1 400 n/a YTD Total S 13,046,982 1 S 13,967,5311 $ 920,549 7.1% City of Federal Way - Utility Tax Revenue Received $20,000,000 $18,000,000 $16,000,000 $14,000,000 S12,000,000 $,000,000 $8 $s,000,000 $6,000,000 Budget cumulative $4,000,000 — Prior Year Cumulative $2,000,000 notualoumulaeve $0 4 PQ c^z� \�� ^� PEE 1�1 c �° Oz The City has a utility tax rebate program that opens January 1st and closes May 31 st of each year for qualifying low-income residents. The City processed 41 rebates in 2021, for a total of $2,310. The City processed 24 rebates in 2022 for $1,305. The city processed 18 rebates for a total of $905 in 2023. The 2023 rebate program has been posted to the city website and information material has been distributed to known past users and communicated to those who can relay to potential new ones. - CITY OF Federal Way Police Department Overtime October PD overtime is $13K or 10.8% above October 2022 actual. - The City's portion (unbillable) is $0.46M or 53.4% above YTD budget, and is funded entirely by PD vacancies. Overtime incurred is primarily due to service required for special events, shift call -in, shift extension, and special emphasis proactive activities. Jail Services FINANCE DEPARTMENT PD Overtime by Month Year-to-date thru October Month 2022 Actual 2023 (Favorable)/Unfavorable Change from 2022 YrD Actual vs Budget Budget Actual $ % % Jan $ 145,407 $ 85,627 $ 116,488 S (28,919) -19.9% S 30,861 36.0% Feb 150,708 75,667 142,906 (7,802) -5.2% 67,239 88.9% Mar 151,497 70,419 130,707 (20,7901 -13.7% 60,288 85.6% Apr 137,102 79,909 114,651 (22,4511 -16.4% 34,742 43.5% May 135,111 92,139 139,773 4,663 3.5%1 47,635 51.7% Jun 133,057 78,666 133,025 (32) 0.0% 54,358 69.1% Jul 171,487 127,159 154,339 (17,147) -10.0%1 27,181 21.4% Aug 138,911 85,169 142,134 3,223 2.3%1 56,965 66.9% Sep 147,445 80,227 127,772 (19,674) -13.3%1 47,544 59.3% Oct 119,0101 94,443 131,878 12,868 10.8% 37,435 39.6% Nov 134,420 93,601 - Dec 12T130 92573 - Citv Portion 1,429.735 869,425 1,333,672 (96,062) -6.7% 464.248 53.4% Billable 357,936 265.977 327.839 (30.0971 -8.4% 61,861 23.3% YFDTotal $ 1.787.670 $1.135.402 $1.661.511 $ (126.159) -7.1% $ 526,109 46.3% Billable $ 61958 $ 66,399 $ - $ 1 $ M - Annual Total . $ 2,113,178 $ 1.387.975 1 n/a n/a n/a I n/a n/a City of Federal Way Average Daily Population Jail Cost Sp 70 59,9 59 ] G_ _70- 6:1 GIs 4] 546. Gp ... 50 40 - _- ke 7: - p 2022 3p . v • Irll fn rk Jail and Alternatim to Confinement 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 Annual Budget YID Actual Total Jail 0 rations $6,417,479 $5,932,095 $1,712,883 $ 2,223,602 $2,871,368 $ 2,500,000 $ 3,037.511 Debt Service Payments for SCORE Jail 889,718 847,566 851,925 852,425 851,925 210,963 Total Jail Cosil $6,417,479 1 $6,821,813 1 $2,560,449 1 $ 3,075,527 1 $3,723,793 1 $ 3,351,925 $ 3,248,473 The City maintains multiple contracts with other governmental agencies for its jail services, after it discontinued its owner relationship with SCORE Jail in December 2019. The budgeted average daily population (ADP) is 70, and average ADP was 60.9 for the first ten months. The City continues to be liable for its portion of the debt service on the SCORE building. The total remaining principal debt the City owes as of 12/31/2022 for SCORE is $9,765,000, and continues to be reduced by principal payments of about $0.9 million a year. CITY OF Federal Way Federal Way Community Center FINANCE DEPARTMENT Revenues are below 2023 YTD budget by $0.32M or 20.0%, but above 2022 YTD actual by $0.1OM, primarily due to slowly coming back to pre -pandemic levels, and the pool closure. Expenditures are, above 2023 YTD budget of $1.90M by $0.06M or 3.4%. Community Center remaining building construction debt service principal as of 12/31/2022 was $7.73M. Federal Way Community Center as of]0/31/2023 2022 2023 YTD Budget vs Actual Favorable/(Unfawrable) Budget Annual Actual YTD Actual Budget YTD Budget YTD Actual $ % Beginning Fund Balance $ 1.502.625 $ 1.502.625 $ 1.502.625 S 1.737.273 S 1.737.273 $ 1,737,273 n/a n/a Total Revenues 1.690,875 1,761950 1,191,425 1,930,875 1,609,063 1,288,012 (321,050) -20.0% Total Expenditures 2.756.334 2.590,528 1.892.840 2.279,893 1,899,911 1,964,905 (64,9941 -3. 7 Revenues Over / (Under) i nditures (1,065,459) (828,578) (701.416) (349.018) (290.848) (676,893) (386,045) 132.71 Reco\ery Ratio 61.3 % 68.0 % 62.9% 84.7%1 84.7% 65.6% n/a n/a Total Transfer In from General Fund/Utility Tax 1,063,227 r 1,063227 563,227 868,5011 723,751 451.089 1 (272,662} -37 7% Ending Fund Balance $ 1.500,392 $1.737.274 $1364,436 $ 2.256.756 1 $ 2,170,175 1 $1,511,469 1 $ (658,706) -30.4 % Debt Ser{1ce Pavments =1 820.423 1 820.423 1 822.123 1 111.061 1 111.06] 1 - 11 00% Total FWCC Cost $ 3.576A57 1 $ 3.410.951 $ 2.713.263 1 S 3.102.016 1 S 2.010.972 1 $ 2.075.966 j s (64.994) -3.2 % Total City Support J S 1,883,350 1 $1,883,650 1 $1383,650 1 $1,690,624 1 $ 834,812 1 $ 562,150 Dumas Bay Centre Revenues are above 2023 YTD budget by $0.26M or 58.4%, and above 2022 YTD actual by $0.27M. The facility reopened as of the beginning of August 2021. Expenditures are above 2023 YTD budget of $0.64M by $0.11M or 17.1%. Dumas Bay Centre Fund as of 10/31/2023 2022 2023 YTD Budget is Actual Budget Annual Actual YTD I Actual Budget YTD Budget YrD I Actual Fawraltel(Unfawra6ie) $ % Beginning Fund Balance $1,500,001 S 1,500,001 S 1,500.000 $1.710,510 S 1,710,510 $1.710,510 n/a n/a Total Revenues 535,151 591,019 424,926 527,698 439,748 696,476 256,728 58.4% TotalExpenses 1,000,110 845,470 696,417 764,097 636,747 745,316 (108,569) -17.1% Revenues Over/(Under) Expenses (464,959 (254,450) (271,491) (236,399) 196,999) (48,840) 148,159 -75.2e/u Recovery Ratio 53.51%1 69.90% 61.02% 69.06%1 69.06% 93.45% n/a n/a Total Transfer In 464,959 1 464.959 164.959 628,148 1 523,457 523,457 D/a Ealing Fund Balance S 1,500,000 1 $1.710.510 S 1.393.468 S 2,102.259 1 $ 2,036,968 S 1,661,670 $(375,298) -18.4% Performing Arts & Event Center Operations (PAEC) Revenues are above year-to-date budget of $1.1M by $0.36M primarily due to the facility reopening, and operations coming back to pre -pandemic levels. Expenditures are $0.31M or 14.9% above the YTD budget. Performing Arts & Event Center remaining building construction debt service principal as of 12/31/2022 was $5.58M. 116 Perform Ing Arts & B✓ent Center Operations (PAEC) 2017 Actual 2018 Actual 2019 Actual 2020 Actual 2021 Actual 2022 Actual 2023 BudgetE873,930 2023 YTD Actual YTD Budget vs. Actual Favorable/(Unfavorable) Beginning Balance 177,413 477 (447,382) (110,646) 873,590 873,936 873,936 $ % Total Revenue 323,827 553,529 1,410,377 691,152 1,443.066 1,690,259 1,279,780 1,426,614 359,130 33.7% Total Transfer In from Utility Tax/General Fund 694,703 626,762 1,616,000 972,310 1,083,942 941,464 1,107,987 1,107,967 184,666 20.0%Total Expenditures 1,196,466 1,628,160 2,689,541 1,462,11% 1,663,440 2,631,377 2,483,359,, 2,378,610 (309,044) -14.9% Total PABC Operation Balance 1 $ 477 $ (447,382) $ (110,646) $ a $ 873,590 $ 873,936 s 778,344 $ 794,276 1 $1,029,026 S 234,760 29.6% De bt Se rvice Payments) - 5 b,t47 553,255 1, 12,5 2R,1711 265,17 0°/a Total PAEC Cost I $ 1,196,466 $ 1,628.160 $ 2,689,647 1 $ 1,291,163 $ 2,206,696 $ 3,412,707 $ 3,266,679 $ 2,334,638 1 $ 2,643,883 1 $ (309,044) -13.2% Total City Support $ 1.610,667 $ 1,637,197 1 $1,722,794 $ 1,880,307 51,186,496 $1,373,160 1 $ (184.6661 -16.6% CITY OF Federal Way Monthly Treasury Positions and Activity FINANCE DEPARTMENT This monthly report of all investment transactions to the city council via FEDRAC complies with RCW 35.39.032. The following pages provide a summary of the current investment portfolio holdings and the individual transactions and activity during the month. Portfolio Yield: The City's total annualized yield was 3.7%. The City's position in LGIP was $42.3 million earning a 4.8% yield and the laddered portfolio was $60 million earning a 2.9% yield. City Portfolio: State Investment Pool: Total: Annual Face Value Cost Yield % Yield $ 60,000,000 58,297,464 42,290,496 42,290,496 $102,290,496 $100,587,960 Interest Revenue Compared to Budget and Prior Year 2.930% 1,757,995 4.823% 2,039,704 3.713% $3,797,599 Year-to-date interest revenue through September of $2,772,000 exceeds budget of $1,350,000 by 1,422,000 or 105% and exceeds prior year by $2,052,000. Accrual basis interest for the month was $343,000, level with prior month. $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 City of Federal Way - Investment Revenue Current Year Actual vs. Budget and Prior Year Sudget Cumulative Prior Year Cumulative ••c— Actual cumulative CITY OF A Federal Way Fund Activity Summary FINANCE DEPARTMENT Fbndit/FbndName Begin Balance 1/1/2023 YID Re%enues YID Expenditures YID Net Income/Qoss) Ending Balance 10/31/2023* Required Fbnd Balance 001/101 General/Street Fund** $ 27,709,983 S 51,201,670 54,280,731 S (3,079,061) S 24,630,922 $ 9,500,000 Special Revenue Funds: 102 Arterial Street 998,845 1,407,033 1,504,359 (97,325) 901,5201 100,000 103 Utility Tax(*) 4,646,109 9,326,768 6,327,446 2,999,322 7,645,431 1,500,000 104 Affordable & Supportive Housing Sales Tax 148,016 87,540 133,558 (46,018) 101,998 106 Solid Waste & Recycling 395,459 551,026 529,307 21,719 417,178 107 Special Contracts/Studies Fund 987,302 25,250 25,250 1,012,553 109 Hotel/Motel Lodging Tax 1,868,015 216,425 75,949 140,476 2,008,491 200,000 III Federal Way Community Center 1,737,273 1,739,101 1,964,905 (225,804) 1,511,469 1,500,000 112 Traffic Safety Fund 2,493,443 3,778,127 2,873,353 904,774 3,399,217 1,200,000 113 Real Estate Excise TaxFund 3,217,658 2,976,021 3,736,343 (760,322) 2,457,336 2,000,000 114 Prop 1 Utility Tax 1,571,054 2,772,146 3,028,827 (256,681) 1,314,373 1,000,000 115 Performing Arts & Event Ctr Operations 873,936 2,533,601 2,378,510 155,090 1,029,026 - 116 Solid Waste 10% Utility Tax 1,632,240 1,920,446 2,713,699 (793,253) 838,986 119 CDBG 25,107 438,814 862,539 (423,725) (398,619) 120 Path & Trails 1,888,688 202,568 366,376 (163,808) 1,724,881 121 Technology 459,999 243,485 77,147 166,338 626,337 122 Jail Fund 7,260 3,030,250 3,037,511 (7,261) (0) 188 Strategic Reserve Fund 3,002,082 - 3,002,082 3,000,000 189 Parks Reserve Fund 1,133,157 - 1,133,157 1,125,000 ,Subtotal Special Revenue Funds 27,085,646 31,248,600 29,609,828 1,638,772 28,724,417 $11,625,000 201 Debt Service Fund (1,366,565) 2,446,368 588,247 1,858,121 491,556 Capital Project Funds: 301 Downtown Redevelopment 4,499,350 858,944 205,000 653,944 5,153,294 302 Municipal Facilities 175,507 - 175,507 303 Parks 2,032,064 448,226 186,996 261,230 2,293,294 304 Surface Water Management 4,570,673 4,275 257,714 (253,438) 4,317,234 306 Transportation 15,939,217 4,071,387 3,517,865 553,522 16,492,739 307 Capital Project Reserve Fund 370,343 - 370,343 rSubtotal Capital Project Funds 27,5879154 5,382,832 4,167,574 1,215,258 28,802,412 Enterprise Funds: 401 Surface Water Management 4,511,222 6,876,669 3,336,145 3,540,524 8,051,746 690,000 402 Dumas Bay Centre Fund 1,710,510 696,476 745,316 (48,940) 1,661,670 1,500,000 ,Subtotal Enterprise Funds 6,221,732 7,573,145 4,081,462 3,491,684 9,713,416 S 2,190,000 Internal Service Funds 501 Risk Management 1,516,845 2,068,775 2,200,332 (131,557) 1,385,289 600,000 502 Information Systems 4,260,137 3,028,714 2,324,984 703,730 4,963,867 503 Mail & Duplication 279,203 115,432 67,230 48,201 327,405 504 Fleet & Equipment 8,548,261 2,732,009 2,930,708 (198,699) 8,349,562 505 Buildings & Furnishings 2,115,458 906,749 507,386 399,364 2,514,821 2,000,000 506 Health Self Insurance Fund 3,660,088 4,573,570 4,007,146 566,424 4,226,512 507 Unemployment Insurance Fund 252,036 60,037 (60,037) 191,999 250,000 Subtotal Internal Service Funds 20,632,027 13,425,249 12,0979824 1,327,425 21,959,452 S 2,850,000 Total All Frnds S 107,869,976 $ 111,2779863 S 104,825,665 S 6,452,199 S 114,322,175 S 26,165,000 Cl" or - Federal Way FINANCE DEPARTMENT The following city portfolio summary is provided by our third -party custodian, US Bank, and summarizes both the ending position and the activity within the month: (Mbank. Acd Name: CITY OF FEDERAL WAY SUMMARY - USD Page 1 Acd Number. XXXXXXX033 For period 10/01/2023 - 10/31/2023 ACTIVITY - Setlled/Cleared Cash Activltlr Transaction Type Amount Purchases 0.00 Purchase Reversals 0.00 Sales 0 00 Sale Reversals 0.00 Withdrawals 0.00 Receipts (971,239E1) Deliveries 0.00 Principal Reversals 0.00 Interest 148.125.00 Interest Reversals 0.00 hnleveslAd,vatmenta 0.00 Mabulles 2.000,000 00 Calls 0.00 Puts 0 00 Paydovnna 000 Paydovm Adjustments 000 Payups 000 Payup Adjustments 000 Cash Dividends 000 Balance Changes 000 Stock Dividends 000 Closeouts 0.00 Closeout Dividends 0.00 Net Activity 1,176,666.19 HOLDINGS - Custody Your Sales Representative is: SAFEKEEPING OPERATIONS (800)236-4221 Statement Contents 'Summary 'Activity - Settled/Cleared Cash Activity 'Activity - Projected Activity for Near Statement Period 'Holdings Category PadShares O - Inal Face Principal Cost Market Value Treasury Obligations 40.000.000.00000 40,000,000.00000 38,413,64528 37,658.32725 a OS Cwvommert 14jeney so91w 19'000'000.00000 19,000,000.00D00 19,000,616.00 16,490,290.64 Corpornrc " nrt ss i.000.LYm.00000 1,000,000.00000 943.200.00 920,064.41 Total Custody Holdings 60,000,000.00000 60,DD0,000.00000 66,357,461.26 57,066,662.60 Market Value is currently below both Original Face Value, the value we'll receive at maturity, and Principal Cost, what we paid. This is partially due to purchasing at discounts and also because rates have risen, so the investments purchased in the past, at lower rates, aren't as desirable on the secondary market, to those who trade actively. This is an unrealized change in market value, since all investments will be held to maturity, receiving full value. All investments are bullets, or uncallable, therefore full face value will be realized at maturity, received in cash. Maturities: During the month, the following investment matured: 2022-016 US Treasury $1,000,000, matured October 2023, yielding 1.07% Purchases: During the month, the following investment was purchased, maximizing yield at the time of purchase for the maturity date being filled, having first assured safety and liquidity of the entire portfolio (see addendum for complete rationale): ■ 2023-074 US Treasury $1,000,000, matures April 2028, yielding 4.59% CIT Federal' a FINANCE DEPARTMENT The maturity distribution of the laddered portion of the portfolio shows that $1-2 million will mature each month for the next 54 months, mitigating reinvestment (interest rate) risk, as follows: City of Federal Way Investment Portfolio Maturity Distribution - October 31, 2023 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 e�O ♦°c 40 'Le,1a11 19.4 �1'L�O 'll'L�O 51 'ti�' ea40 59 'L� er and the diversification distribution partially mitigating credit risk, as follows: City of Federal Way Diversification by Issuer - October 31, 2023 US TREAS, $40,000,000 , 39.1% LGIP, $42, 290,496 , 41.3% FHLB, $8,000,000 , 7.8% FFCB, $5,000,000 , 4.9% FNMA, $3,000,000 , 2.9% FHLMC, $2,000,000 , 2.0% TVA, $1,000,000 , 1.0% AAPL, $1,000,000 , 1.0% CITY OF Federal Way FINANCE DEPARTMENT Safekeeping Report Detail _ This monthly safekeeping report of all investment transactions held in safekeeping by US Bank lists securities by maturity date, first obligations of the US Treasury, then US Government Agency Securities., and Corporate Securities last. embank, Acct Name: CITY OF FEDERAL WAY HOLDINGS AS OF 10/31/2023 - USD Page 5 Accl Number: XXXXXXX033 CUSTODY Maturity Saarrlly ID Rate Description P.Asharas Principal Cost Marital Value Ticket Acq Date Original Fete NAV Treasury Obligations 111302023 91282CDMO 500 UNITED STATES TREAS NTS 1,000,000.00 9W,445.31 996.13978 819027209 0223 .50 NOTES 1113023 1,000,000.00 011312024 9128285Z9 2500 U.S Treasury Notes 1,000,000.00 1,037,773A4 992.6%25 392220927 12J21 9128285Z9 01/312024 1,000,000.00 0413012024 9128296R6 2 250 U.S_ Treasury Notes 1.000,000 00 1,036,093.75 983,994 38 392220608 1121 2250.04/.i02024 1,000,000.00 05015/2024 912828WJ5 2500 U.S_ TREASURY NOTES 1,000,000.00 969,390.00 984,179.69 819027333 03123 912828WJ5 05115/24 i'DW.000.00 051312024 912828XT2 2000 U S TREASURY NOTE 1,000,000.00 1,032,226.56 980.000 00 819020999 1121 2 NOTE 2024 1,000,000.00 =15=4 91282CCG4 250 U S TREASURY NOTE 1,000,000.00 991,679.69 967.929 69 751 (11 3140 1121 25 NOTE 2024 1,000,000.00 09/152024 91282CC)(7 375 US TREASURY NOTE 1,000,00D.00 995,99644 956.87500 392219201 1021 375 NOTE 91152024 1,000,000 OD lIV1502024 91282CDB4 E25 U S TREASURY NOTE 1,000000.00 1,000,000.00 955.507 81 392219779 10121 .625 NOTE 2024 1,000000.00 111152024 91282CDHI .750 U-S. Treasury Notes 1,000,00.01) 1,001,171.88 95329125 819020954 1121 9128X DH 1 111152024 1,000,000.00 0113112025 912828M 1.375 USTREASURY NOTE 1,000,000.00 1,OW,71975 952.99062 819021510 0122 1.375 NOTE 2025 1,000,000.OD 03/312025 912828ZFB 500 U.S Treasury Nolas 1,000,000.00 963,437.50 935.82031 392722253 03122 912B2BZF003/312025 1,000,000.00 Accl Name: CITY OF FEDERAL WAY HOLDINGS AS OF 10/31/2023 - USD PaEl .Acd Number: XXXXXXX033 CUSTODY Maturity Sawrlly ID Ram Description PaN3haras Principal Cost Markat Vslua Ticket Acq Dale Original Face NAV 0413012025 912828ZL7 375 U.S. TREASURY NOTES 1,000,000.001 932.343.75 930,898 44 392223194 04122 912899717037504/3(M25 1,000,000.00 05/312025 912828M 250 U S TREASURY NOTE 1,000.000 DO 924.648 44 925.70312 392223819 0522 25 NOTE 25 1,000,000.00 06/3012025 912828ZW3 250 U-S. Treasury Notes 1,000,000 00 W8,164.00 922,57912 392224043 0622 250. OW1012025 1,000,000 00 071312025 91282CAB7 250 U S TREASURY NOTE 1,000,000 00 916,125.00 919,140.62 392224087 0622 25 NOTES 25 1,000,000 00 10131/2025 91282CATO 250 U-S_ Treasury Notes 1.000,000 00 911.640.63 909.57031 392.224292 0722 250.1013112025 1.000.000.00 1031r2M 9128285T3 2625 U.S. TREASURY NOTES 1,000,000.00 993.828 13 951,321112 392224349 0722 2625 NOTE 25 1,000,000 00 OV312026 9128286A3 2625 U S TREASURY NOTE 1,000,000.00 964218.75 949,6117.50 751014661 0722 2.625 NOTE 2026 1,000,000.00 03131/2026 912B2661 9 2250 U S TREASURY NOTE 1.000,000 00 964,630.00 938.945 31 751015129 OB22 225 NOTE 26 1,000,000.00 0413012026 91282CBWO 750 U.S. Treasury Notes 1,000,000.00 909,960 94 902,773 44 392224636 0822 91282CBM 041302026 1,000,000.OD OW3112026 91262CCF6 750 U S TREASURY NOTE 1.000.000 OD 907.968 75 899,687 50 392224637 O 22 .75 NOTE 2026 1,000,000 00 06/302026 91282CCJB .875 U-S_ Treasury Notes 1,000,000 00 906.718 75 901,357 19 392224738 OW22 91282CCJ8 WNY2026 1,000,00000 071312026 912828Y95 1.875 U.S_ Treasury Notes 1,000,000.00 943.437.50 922.851 56 751015330 OB22 1875.071312026 1,000,000.00 CITY OF Federal Way FINANCE DEPARTMENT Accl Name: CITY OF FEDERAL WAY HOLDINGS AS OF 10/31/2023 - USD Page 7 AwA Number: XXXXXXX033 CUSTODY Maturity Security to Rate Description ParlSharas Principal cost Market Value Ticket Acq Date Original Face NAV 101312026 91282CDG3 1.125 U.S. TREASURY NOTES 1,000,000.00 888,240.00 896.015 62 392225109 1022 1.125 NOTE 2026 1,000,000.00 111152026 912828U24 2000 U S TREASURY NOTE 1,000,000.00 917,031.25 919.648 44 751015708 1O22 2 NOTE 26 1,000,000.00 1113D2026 91282CDK4 1.250 UNITED STATES TREAS NTS 1.000.000.00 860,781.25 897.031.25 751015831 1022 125 NOTES 1V3026 1,000,000.00 011312027 912828Z78 1.500 U-S. Treasury Notes 1,000,000.00 903,100.00 899A14 06 392225551 11 f22 91282BZ78 1131/2027 1,000,000.00 02/1512027 912610EZ7 6625 USTREASURY BOND 1,000,000.00 1,105,937.50 1,051,875.00 392225738 12f22 SER 2D27 1,000,000.00 031312027 91282CEF4 2 500 U.S. TREASURY NOTES 1,000,000.00 956,406.25 927.265 62 392225993 0123 250 NOTE 2027 1,000,000-00 041302027 91282CEN7 2.750 U.S. Treasury Notes 1,000,000.00 W6,507.81 932.187.50 392226190 0223 91282CEN7 0413012027 1,000,000.00 0613012027 91262CEW7 3250 US TREASURY NOTE 1,000,000.00 973,920.00 946.914.06 392228443 0623 3250. 06f302027 1,000,000.00 0713112027 91282CFB2 2750 US TREASURY NOTE 1,000,000.00 942,460.94 928.399 44 392228878 07Y23 2.750.071312027 1,000,000.00 081312027 91282CFH9 3.125 US TREASURY NOTE 1,000,000.00 965,468.75 940,117 19 751017327 07/23 91282CFH908f312027 1,000,000.00 09/30/2027 91282CFMB 4.125 US TREASURY NOTE 1,000,000.00 999.726.56 974,492 19 392229146 07/23 4.125, 09/3G'2027 1,000,000.00 10131/2027 91282CFUD 4.125 US TREASURY NOTE 1,000,000.00 9%,953.13 973203 12 392229236 07/23 4.125 NOTE 2027 1,000,000.00 Acct Name: CITY OF FEDERAL WAY HOLDINGS AS OF 10/31/2023 - USD Page 8 ,Acct Number: XXXXXXX033 CUSTODY Maturity Security lD Rate Description Par/Sharss Principal Cost Market Value Ticket Acq Date Original Face NAV 121312027 91282CGCQ 3875 US TREASURY NOTES 1,000,000.00 984,590.00 953.28125 392229416 0723 3.875% NOTE 12/31/27 1,000,000.00 011312028 91282CGHB 3 500 UNITED STATES TREAS NTS 1,000,000.00 973,125.00 949,218 75 392229538 0623 3.5%01/31128 1,000,000.00 021152028 9128283W8 2.750 U S TREASURY NOTE 1,000,000.00 931,250.00 919.843 75 819029420 OW23 2.75 NOTE 26 1,000,000.00 031312028 91282CBS9 1250 U S TREASURY NOTE 1,000,000.00 867,0B0.00 858.476 56 819029478 0923 125 NOTE 28 1,000,000.00 ' 041302028 91282CHA2 3.500 US TREASURY NOTE 1,000,000.00 955,546.88 947.14844 819029935 1O23 3.500, 04/30/2028 1,000,000.00 Treasury ObIIgall ons Total 40,00D,000.00000 35,413,646.28 37,558,32725 40,000,000.00000 US Government Agency Securities 111241=3 3133ENEX4 5W FEDERAL FARM CR BKS 1,000,000.00 989,745.00 996.792 48 819021739 01122 CONS BD 0.55%23 1,000,000.00 121202023 3133ENHR4 .680 FEDERAL FARM CREDIT BANK 1,000,000.00 995,970.00 993.383.29 819021509 01122 3133ENHR4122023 1,000,000.00 =05=4 3135GOV34 2.500 FEDERAL NATL MORTGAGE ASSN 1,000,000-00 1,037,530.00 992.14966 392220903 12/21 02JO5124 1,000,000.00 =2712024 3130AV4V7 5.125 FEDERAL HOME LOAN BANK MTN 1,000,000.00 998,989.00 998,443.35 819027290 =3 5.125.0227/2024 1,000,000.00 031062024 3130AB3H7 2.375 FEDERAL HOME LOAN BANK 1,000,000.00 1,036,546.00 989.110.92 751013276 1221 OW08124 1,000,000.00 OW 2024 3130AV7F3 52M FEDERAL HOME LOAN BANKS 1,000,000.00 998,260.00 998.326.81 392226815 0323 CONS BD 525%24 1,000,000.00 CITY OF Federal Way FINANCE DEPARTMENT Acct Name: CITY OF FEDERAL WAY HOLDINGS AS OF 10/31/2023 - USD Page 9 Acct Number: XXXXXXX033 CUSTODY Maturity Security ID Rate Description PaNShares Principal Cost Market Value Ticket Acq Date Original Face NAV 071022024 3135GOV75 1.750 FEDERAL NATL MORTGAGE ASSN 1,000,000.00 1,029,480.00 975.625.70 751013094 10/21 0710224 1,000,000.00 081152024 3130AGWK7 1.500 FEDERAL HOME LOAN BANK 1,000,000.00 1,023,285.00 969.444 00 751013093 10J21 091 1,000,000.00 091132024 313bATVD6 4 875 FEDERAL HOME LOAN BANKS 1,000,000.00 994,500.00 994,149.75 819027332 =3 CONS BD 4 875%24 1,000,000.00 121132024 3130APRBO 750 FEDERAL HOME LOAN BANK 1,000,000.00 995,541.00 948.916.78 751 a13275 12121 12M 32024 1,000,000.00 121132024 3130ATUR6 4 625 FEDERAL HOME LOAN BANKS 1,000,000.00 992,652.00 991201.35 919027291 0223 CONS BD 4.625%24 1.000.000.00 02J122025 3137EAEPO 1.500 FEDERAL HOME LOAN MTG CORP 1,000,OOD_00 1,002,357.00 952,943 49 819021816 0222 02/12125 1,000,000.00 OW25MS 3135G05X7 375 FEDERAL NATL MORTGAGE ASSN 1,000,000.00 W9,873.00 917.17501 75101418E W22 0812525 1,000,000.00 091232025 3137EAEX3 375 FEDERAL HOME LOAN MTG CORP 1,000,000.00 915,848.00 914,869 25 751014307 0622 09/232025 1,000,000 00 111012025 880591CJ9 6.750 TENN VALLEY AUTHORITY 1,000,OOD.00 1,115,085.00 1.027.04234 751014409 0722 11/012025 1,000,000_00 02J252026 3133ENJ35 3 320 FEDERAL FARM CREDIT BANK 1,000,000.00 9M.689.00 960.W8 64 751015104 0822 CONS BD 3 32%26 1,000,000-00 OB1032026 3133ENDSO 3000 FEDERAL FARM CREDIT BANK 1,000,00D.00 974,863.00 946.775 84 392224955 0922 CONS BD 3%26 1,000,000 00 091112026 3130ATFHS 3 750 FEDERAL HOME LOAN BANKS 1,000,000.00 994,536.00 967,992 95 392224959 O 22 CONS BD 3.75%26 1,000,OOD.00 Acct Name: CITY OF FEDERAL WAY HOLDINGS AS OF 10/3112023 - USD Page 10 Acct Number: XXXXXXX033 CUSTODY Maturity Security ID Rate Description PaNShares Principal Cost Market Value Ticket Acq Date Orlg I nal Fars NAV 05/122027 3133EPJPI 3.625 FEDERAL FARM CR SKS 1,000,000.00 996,867.00 955.35923 392228113 05123 CONS BD 3.62S%27 1,000,000.00 US Go comment Agency SeaaPoss Total 19,000,000.00000 19,000,616.00 18,490,290.84 19,000,000.00000 Corporate Securities 11/132027 037833DK3 3.000 APPLE INC 1,000,000.00 943,200.00 920.064.41 392229402 0723 SR GLBL NT 3%27 1,000,000.00 Corporsto Securttlas Total 1,000,000.00000 S43,200.00 920AStA1 1,000,000.00000 Total Custody Holdings 60,000,000.00000 S8,357,461.28 57,088,111" 60,000,000.00000 CITY OF Federal Way Cash Balance and Investment Positions: FINANCE DEPARTMENT The City's cash balance trend is shown below: • Total cash decreased to 12.0 million from $115.8 million. Laddered investments remained level at $60 million. ■ The LGIP Investment Pool position decreased from $45.2 million to $42.3 million. City of Federal Way Cash and Investments - Historical Trend $100,000,000 I $! 50 000, 000 I I $0 00 00 Ql Ql Q1 Ol O O O O 1-1 r-I '-1 .--I N N N N M M r M 171 N N N N N N N N N N N N N N N N ti a 7S " � a � u C a 7S " C a -S u m a O d O d O d O d O 9 d O 0 Investments (yield) Benchmark and Portfolio ❑ LGIP (liquidity) ❑ Checking (safety) Weighted Average Maturity (WAM) of the City's portfolio, including position in LGIP, is 451 days, an . indicator of the portfolio's exposure to reinvestment risk as well as rate volatility. The portfolio is within the City's Investment Policy limit of 2.5 years or 900 days. The LGIP State Pool WAM was 12 days in September. The City's average maturity increased in part due to the decrease in cash balance at the LGIP and extending ladder out two months with purchases. Average Yield of the City's portfolio was 3.9%, and continuing to climb slightly, compared to 5.0% for the 2-year Constant Maturity Treasury index and 5.4% for the LGIP. Weighted Average Maturity Days (Cary Investment Policy M,i Kimum is 900 Days) SIB 0 LGIP WAM —FW WAM Portfolio Average Yield City Portfolio vs Benchmark vs State Pool snmo- —LGIPAYe Yield y-2 VcW —11 Ave Yield CITY OF t. Federal 'Way FINANCE DEPARTMENT Addendum — Investment Rationale Staff Review of Investment Rationale Date: October 11, 2023 Investment # 2023-074 is a 4-year 6-month Treasury (T), face value $1,000,000, maturing April 30, 2028, purchased at 96.6 (discount) to,yield 4.59%. This trade settles October 20, 2023 with Wedbush Securities, US Bank Safekeeping, replacing a $1 M October 2023 maturity yielding 1.0.7%. Liquidity: At September 30th month -end, total city cash was $115.8 million, checking account balance was $10.6 million (target minimum is $8 Million), investment portfolio was $60.0 million (target is $60 million for Treasuries and Agencies). State LGIP investment pool balance was $45.1 million (target minimum is $20 million, excluding unspent ARPA). Safety: This purchase is a debt issue of the Federal government, equivalent to AaiAA+ rating by Moody's and S&P. Yield. Yield is 4.59%. This investment is 1 basis point below the 5-year benchmark. Comparable yields evaluated at time of purchase were: LG I P current 30 2-year Treasury Same maturityl 5-year Treasury 5.40% 5.00% None available 4,60% Callability. This investment is not callable (a bullet). www.secureaccess.wa Bloomberg.com Broker live inauiry Bloombera.com Diversification. This purchase puts this issuer at 38.0% of total portfolio. This purchase adds a maturity date previously not covered to city's laddered portfolio. Outlook. The yield curve is currently inverted, with peak yield around 5.56% at 6 months then inverted to 2-year at 5.00%, the 5-year at 4.60%. The Federal Reserve Bank last executed a 0.25% rate hike in July as uncertainty remains over inflation, money supply and Fed moves. Staff review: Deputy Finance Director: Finance Director: f Date Date 1 v '•r 2 7 COUNCIL MEETING DATE: December 5, 2023 ITEM #: 6c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AP VOUCHERS 10/16/2023—11/17/2023 AND PAYROLL VOUCHERS 10/01/2023—10/31/2023 POLICY QUESTION: Should the Council approve the AP vouchers in the total amount of $4,468,716.41 and the payroll vouchers in the total amount of $4,140,738.50? COMMITTEE: FINANCE, ECONOMIC DEVELOPMENT AND REGIONAL MEETING DATE: Nov. 28,2023 AFFAIRS COMMITTEE CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Groom, Finance Director DEPT: Finance I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washington, and that I am authorized and certify said liens hk� Finance Director Attachments: Voucher List Options Considered: MAYOR'S RECOMMENDATION: MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the vouchers to the December 5, 2023 consent agenda for approval. 4 Co ittee air Committee Member PROPOSED COUNCIL MOTION: "I move approval of the vouchers pursuant to RCW 42.24. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # ber CITY OF Federal Way Date: November 28, 2023 To: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director From: David Liang, Financial Analyst Subject: Monthly Disbursements Summary The monthly Accounts Payable (AP) and Payroll vouchers report is attached. Finance Department October disbursements had an increase from September's expenditures due to higher spending on consulting contracts, construction projects, jail services, IT services, and professional services. Payroll fluctuations from month to month are largely dependent on hiring and filling open positions, temporary help and termination payouts. The following summarizes current and prior 2 months' disbursements for reasonableness comparison. AP voucher totals: • October $4,468,716.41 Construction Projects 429,896 (p. 8) Consulting Contracts 232,074 (p. 8) Jail Services total 358,358 (p. 18) Medical Services claims 297,890 (p. 21) Miscellaneous Services 211,896 (p. 24) Non. Govt.°DP Services 236,639 (p. 28) Professional Services 802,681 (p. 44) Repairs and Maintenance 187,561 (p. 54) Transportation Equipment 289,593 (p. 63) • September $4,403,240.47 • August $4,101,914.53 Payroll voucher totals: ■ October $4,140,738.50 • September $4,493,730.82 • August $4,310,319.83 City of Federal Way - Accounts Payable Check List Key Bank - Page 1 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal ACCOUNT PAYABLE-ESCOM $2,581.16 288388 10/31/2023 LENNAR, 8/24/2023 18683 $889.44 DBC-REFUND DEPOSIT#18683 288467 10/31/2023 SOUTH SOUND MODERN QUI110/11/2023 65127 $350.00 DBC-REFUND DEPOSIT#65127 288527 11/17/2023 ADAMS-FORSSTROM, MELOD10/27/2023 65216 $350 72 DBC-REFUND DAMAGE DEPOSIT 288584 11/17/2023 FUSION, ATTN DAVID HARR IS0 0/31/2023 65226 $991.00 DBC-REFUND DAMAGE DEPOSIT ADVERTISING $2,488.46 288309 10/31/2023 BUILDERS EXCHANGE OF, 10/5/2023 1075594 $94.80 PW-PUBLISH PROJECTS ONLINE 288462 10/31/2023 SOUND PUBLISHING INC, 6/23/2023 FWM979195 $449.06 PWST-AD ACCT#83722479 288434 10/31/2023 PRISMA INTERNATIONAL INC,10/18/2023 99428-5 $34.00 PW-WRITTEN WORD TRANSLATION SE 1025239491 11/5/2023 US BANK, 10125/2023 SEPT 2023 PRO VISA $483.55 FWCC-CAFA%o DECAL 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $86 54 SWR-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $5.95 CC -REPAIR PARTS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $500.00 FWCC-MARKETING 1025234759 11/7/2023 US BANK, 10125/2023 SEPT 2023 CITY VISA $52.56 FWCC-MARKETING 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $159.65 FWCC-MNTHLY FEE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $93.16 FWCC-BDAY CARD RACKS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $199.00 FWCC-EGYM 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $330.19 FWCC-LOBY MAGAZINE ROCK AGRICULTURAL SUPPLIES $6,829.46 288294 10/31/2023 AGRISHOP INC, 10/10/2023 70619/1 $277 31 PKM-EQUIPMENT PARTS & REPAIRS 288478 10/31/2023 T.E. WALRATH TRUCKING INC10/11/2023 0120345 $606.75 PWST-MEDIUM BARK 288652 11/17/2023 PACIFIC PLANTS INC, 10/23/2023 99280 $5,400 00 PWST-FOR STREET TREE REPLACEME 288652 11/17/2023 PACIFIC PLANTS INC, 10/23/2023 99280 $545.40 Sales Tax AIRFARE $4,209.92 288352 10/31/2023 FICHTNER, THOMAS 10/.18/2023 FICHTNER 2023 $342 80 IT-GOOGLE FIBER CONFERENCE 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $49.72 PD-TRAVEL INSURANCE 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $795.60 PD-NEOGOV TRAINING Key Bank Page 2 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 1025234759 11r7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $457.80 CC -CONFERENCE AIRFARE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $2,564 00 SWM-CDL TRAINING ASPHALT & ROAD OIL $409.49 288627 11/17/2023 MILES RESOURCES LLC, 10/23/2023 350672 $40949 PWST-ASPHALT ASSOCIATION DUES $2,207.70 288335 10/31/2023 DAVIS, BRIAN 10/17/2023 DAVIS 2023 $93475 MO-APA MEMBERSHIP 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $80.00 MOED-SUBSCR 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $451 00 DBC-MEMB DUES 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $29.95 MOED-SUBSCR 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $292.00 CD-ASSOCATION DUES 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $420.00 CD -PLANNING ASSOC DUES ATHLETIC SUPPLIES $123.79 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $22.92 PKM-ATHLETIC SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $78 70 PKM-ATHLETIC SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $22.17 PARKS -ATHLETIC SUPPLS AUTOMATION FEE $39.00 288334 10/31/2023 DAMMEIER, STEVEN 10/16/2023 23-105118 $39.00 CD-23-105118 PERMIT REFUND BOOKS, MAPS, & PERIODICALS $896.36 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $5 95 PD-MONTHLY MEMB 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $124.69 PKM-STUDY GUIDE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $137.95 PW-NOTARY RENEWAL 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $470 47 LAW -CERTIFIED COPIES 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $157 30 MO-SUBSCR. BUILDING MATERIALS $3,523.27 288371 10/31/2023 HOME DEPOT-DEPT 32-25007110/9/2023 0034018 $19.44 PKM-REPAIR/MAINT SUPPLIES 288364 10/31/2023 GRAY LUMBER COMPANY, 10/4/2023 631712 $464.49 PKM-LUMBER 288490 10/31/2023 TRINITYACE HARDWARE, 10/5/2023 321492 $39 81 PKM-SUPPLIES 288326 10/31/2023 CONSOLIDATED ELECTRICAL9/25/2023 8073-1165311 $127.19 PKM-LIGHTING SUPPLIES 288326 10/31/2023 CONSOLIDATED ELECTRICAL9/25/2023 8073-1165337 $121.20 PKM-LIGHTING SUPPLIES Key Bank Page 3 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $65.12 FWCC-BLDG MAT 1025239491 11/5/2023 US BANK, 10125/2023 SEPT 2023 PRO VISA $94.85 PKM-BLDG MAT 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $73.30 FWCC-BLDG MAT 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $77.04 FWCC-BLDG MAT 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $341 85 FWCC-BLDG MAT 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $153 83 PKM-BLDG MAT 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $66.54 PKM-BLDG MAT 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $208.64 PKM-BLDG MAT 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $81 40 PKM-BLDG MAT 288597 11/17/2023 HOME DEPOT-DEPT 32-25007110/27/2023 2511082 $67 50 CHB-REPAIR/MAINT SUPPLIES 288597 11/17/2023 HOME DEPOT-DEPT 32-25007110/18/2023 1623558 $25.25 PKM-REPAIR/MAINT SUPPLIES 288597 11/17/2023 HOME DEPOT-DEPT 32-25007110/19/2023 0034878 $51.42 CHB-REPAIR/MAINTENANCE SUPPLIE 288705 11/17/2023 TRINITY ACE HARDWARE, 10/27/2023 324417 $5.05 PD-VEHICLE TOW 288626 11/17/2023 MCLENDON HARDWARE INC, 11/2/2023 A78785/8 $396.97 PKM-MAINT SUPPLIES 288597 11/17/2023 HOME DEPOT-DEPT 32-25007111/3/2023 5626014 $12.16 CHB-REPAIR & MAINT SUPPLIESS 288626 11/17/2023 MCLENDON HARDWARE INC, 11/6/2023 H19750/3 $1,030.22 PKM-MAINT SUPPLIES BULK CLASS POSTAGE $5,587.41 288289 10/18/2023 UNITED STATES POST OFFICE10/17/2023 10/17/23 $5,587.41 PARKS -POSTAGE BULK MAILING CD - SERVICES CHARGE $10,060.46 288688 11/17/2023 SOUND TRANSIT AUTHORITY,11/3/2023 1-129722 $10,060.46 PW-REFUND OVERPAYMENT CK#50035 CELLULAR PHONE AIR TIME $36,468.70 288301 10/31/2023 AT&T MOBILITY, 7/11/2023 287288982773X0719202 $6,007 50 IT-07/23 DATA CARDS 288301 10/31/2023 AT&T MOBILITY, 8/11/2023 287288982773X0819202 $5,992.00 IT-08/23 DATA CARDS 288301 10/31/2023 AT&T MOBILITY, 9/11/2023 287288982773X1019202 $5.919 26 IT-09/23 DATA CARDS 268301 10/31/2023 AT&T MOBILITY, 10/11/2023 287288982773X1019202 $5,918.66 CHB-10/23 DATA CARDS 288501 10/31/2023 VERIZON WIRELESS, 10/13/2023 9946834497 $6,160.14 IT-9/23 CELLULAR SVC 288501 10/31/2023 VERIZON WIRELESS, 10/13/2023 9946834497 $6,160.14 IT-9/23 CELLULAR SVC Key Bank Page 4 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288501 10/31/2023 VERIZON WIRELESS, 10/13/2023 9946834498 $155.50 IT-09/23 CELLULAR SVC ACCT# 288501 10/31/2023 VERIZON WIRELESS, 10/13/2023 9946834498 $155.50 IT-09/23 CELLULAR SVC ACCT# CEMENT $65.84 288371 10/31/2023 HOME DEPOT-DEPT 32-25007110/1612023 3212927 $65.84 PWST-OFFICE SUPPLIES CLOTHING AND FOOTWEAR $22,616.96 288291 10/31/2023 911 SUPPLY INC, 10/16/2023 INV-2-33135 $624.74 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/16/2023 INV-2-33136 $541.05 PD-UNIFORM SUPPLIES 288304 10/31/2023 BOSCHETTI, CARRIEA, 10/23/2023 BOSCHETTI 2023 $200.00 PD-CLOTHING ALLOW 288428 10/31/2023 PESHKOV, SERGEY 10/24/2023 PESHKOV 2023 $200.00 PD-CLOTHING ALLOW. 288430 10/31/2023 PETERSOHN, TROY 10/24/2023 PETERSOHN 2023 $200.00 PD-CLOTHING ALLOW 288358 10/31/2023 GCP WW HOLDCO LLC, WORHO/13/2023 INV2040003916 $975.01 PWST-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/16/2023 1NV-2-33137 $233.58 PD-UNIFORM SUPPLIES 288436 10/31/2023 PROCTOR, DARREN 10/16/2023 PROCTOR 2023 $153.38 PKM-WORK PANTS 288445 10/31/2023 ROBERTSON, CODY 10/16/2023 ROBERTSON 2023 $121.10 PD-CLOTHING ALLOW 288492 10/31/2023 TULENKUN,ALAMALEALOF 10/11/2023 TULENKUN2023 $143.12 VD -CLOTHING ALLOW 288291 10/31/2023 911 SUPPLY INC, 10/12/2023 INV-2-33053 $35.68 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/12/2023 INV-2-33055 $35.68 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/12/2023 INV-2-33057 $35.68 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/12/2023 INV-2-33058 $35.68 PD-UNIFORM SUPPLIES 288465 10/31/2023 SOUND UNIFORM/BRATWEAR9/22/2023 202309SU136 $13.24 PD-UNIFORMS 288465 10/31/2023 SOUND UNIFORM/BRATWEAR9/25/2023 202309SU146 $623.20 PD-UNIFORMS 288465 10/31/2023 SOUND UNIFORM/BRATWEAR9/26/2023 202309SU162 $106.99 PD-UNIFORMS 288465 10/31/2023 SOUND UNIFORM/BRATWEAR9/27/2023 202309SU179 $652.98 PD-UNIFORMS 288465 10/31/2023 SOUND UNIFORM/BRATWEAR9/27/2023 202309SU182 $652.98 PD-UNIFORMS 288465 10/31/2023 SOUND UNIFORM/BRATWEAR9/27/2023 202309SU188 $105.89 PD-UNIFORMS 288465 10/31/2023 SOUND UNIFORM/BRATWEAR9/27/2023 202309SU196 $11.03 PD-UNIFORMS 288292 10/31/2023 911 SUPPLY INC, 10/12/2023 INV-2-33054 $19A7 PD-UNIFORM SUPPLIES Key Bank Page 5 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288292 10/31/2023 911 SUPPLY INC, 10/11/2023 INV-2-32996 $394.00 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/11/2023 INV-2-32997 $77.06 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/11/2023 INV-2-32998 $624.74 PD-UNIFORM SUPPLIES 288446 10/31/2023 RODRIGUEZ, VICTOR 10/11/2023 RODRIGUEZ 2023 $200 00 PD-EQUIP ALLOW 288291 10/31/2023 911 SUPPLY INC, 10/9/2023 INV-2-32913 $314.28 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/9/2023 INV-2-32914 $39400 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/9/2023 INV-2-32915 $408.65 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/9/2023 INV-2-32929 $77,06 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/9/2023 INV-2-32930 $393.56 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/5/2023 INV-2-32796 $403.02 PD-UNIFORM SUPPLIES 288291 10/31/2023 911 SUPPLY INC, 10/5/2023 1NV-2-32797 $6.61 PD-UNIFORM SUPPLIES 288412 10/31/2023 NORTHWEST CUSTOM APPAF1015/2023 127870 $4,610.00 PD-VOLUNTEER UNIFORMS- 288412 10/31/2023 NORTHWEST CUSTOM APPAF10/5/2023 127870 $465.61 Sales Tax 288358 10/31/2023 GCP WW HOLDCO LLC, WORI6/29/2023 INV2070004358 $466 55 PKM-UNIFORM SUPPLIES 288358 10/31/2023 GCP WW HOLDCO LLC, WORM0/13/2023 INV2040003917 $267.28 PWST-UNIFORM SUPPLIES 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $127.60 PKM-UNIFORM 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $210.95 FWCC-UNIFORM 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $32.97 SWM-WORKBOOTS 1025239491 11/5/2023 US BANK, 10/2512023 SEPT 2023 PRO VISA $48.40 DBC-UNIFORM 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $121.05 SWM-UNIFORM 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $1,092.46 FWCC-STAFF SHIRTS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $98.50 CD -UNIFORM 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $154 13 CD -UNIFORM 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $153.30 CD -UNIFORM 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $114.39 CD -UNIFORM 288525 11/17/2023 911 SUPPLY INC, 10/25/2023 INV-2-33388 $370.77 PD-UNIFORM SUPPLIES Key Bank Page 6 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288593 11/17/2023 HEAVENER, DONOVAN 10/24/2023 HEAVENER 2023 $312.06 PD-UNIFORM ALLOW. 288525 11/17/2023 911 SUPPLY INC, 11/3/2023 INV-2-33560 $43 93 PD-UNIFORM SUPPLIES 288596 11/17/2023 HOGAN, DARNELL 11/6/2023 HOGAN 2023 $200.00 PD-UNIFORM ALLOW 288596 11/17/2023 HOGAN, DARNELL 11/4/2023 HOGAN 2023 $200.00 PD-UNIFORM ALLOW 288586 11/17/2023 GCP WW HOLDCO LLC, WOR1,11/2/2023 INV2070004704 $188.58 PKM-UNIFORM SUPPLIES 288679 11/17/2023 SHAW, BRIAN JOSEPH 11/7/2023 SHAW 2023 $600.00 PD-UNIFORM ALLOW 288694 11/17/2023 SYMBOLARTS LLC, 11/1/2023 0477270 $275.25 PD-BADGES 288525 11/17/2023 911 SUPPLY INC, 11/1/2023 INV-2-33479 $229.56 PD-UNIFORM SUPPLIES 288525 11/17/2023 911 SUPPLY INC, 11/1/2023 INV-2-33485 $143.12 PD-UNIFORM SUPPLIES 288525 11/17/2023 911 SUPPLY INC, 11/1/2023 INV-2-33486 $184.96 PD-UNIFORM SUPPLIES 288525 11/17/2023 911 SUPPLY INC, 11/1/2023 INV-2-33487 $129.78 PD-UNIFORM SUPPLIES 288525 11/17/2023 911 SUPPLY INC, 11/1/2023 INV-2-33488 $488.24 PD-UNIFORM SUPPLIES 288595 11/17/2023 HINCKLE, CHARLIE 11/1/2023 HINCKLE 2023 $196.76 P D-EQUIP ALLOW 288525 11/17/2023 911 SUPPLY INC, 10/16/2023 INV-2-33355 $7928 PD-UNIFORM SUPPLIES 288565 11/17/2023 DASH MEDICAL GLOVES, 9/28/2023 INV1295383 $1,321.20 PD-LATEX EXAM GLOVES 288565 11/17/2023 DASH MEDICAL GLOVES, 9/28/2023 INV1295397 $660.60 PD-LATEX EXAM GLOVES 288525 11/17/2023 911 SUPPLY INC, 10/12/2023 INV-2-33440 $16.52 PD-UNIFORM SUPPLIES COMMUNICATIONS $339.92 288501 10/31/2023 VERIZON WIRELESS, 10/10/2023 9946559622 $25.04 PWST-09/23 CELLULAR SVC 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $155.93 IT-INTERNET SVCS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $158.95 IT-INTERNET SVCS COMPUTER HARDWAREIEQUIPMENT $93,412.18 288496 10/31/2023 UPSTATE WHOLESALE SUPPL9/2512023 INV30929 $52,484.67 IT-PD GETAC LAPTOPS FOR PD VEH 288402 10/31/2023 MOTOROLA SOLUTIONS INC, 9/26/2023 1187107918 $8,649.00 IT- PD FLASHCODE UPDATES FOR 288402 10/31/2023 MOTOROLA SOLUTIONS INC, 9/26/2023 1187107918 $8,649.00 IT-FLASHPORT SERIES, FLASH COD 288402 10/31/2023 MOTOROLA SOLUTIONS INC, 9/26/2023 1187107918 $1,747.10 Sales Tax 288706 11/17/2023 UPSTATE WHOLESALE SUPPL11/7/2023 INV31457 $9,628.28 IT-PD GETAC LAPTOPS FOR PD VEH Key Bank Page 7 of 70 Check No Date Vendor Invoice Date Invoice Description AmountGL Total 288706 11/17/2023 UPSTATE WHOLESALE SUPPLllf7l2023 INV31458 $12.254.13 . IT- PD GETAC LAPTOPS FOR PD V 288718 11/17/2023 WA STATE PATROL, 1025233793 11/3/2023 US BANK, 1025233793 11/3/2023 US BANK, 1025233793 11/3/2023 US BANK, 1025233793 11/3/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 1115/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 1115/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025239491 11/5/2023 US BANK, 1025234759 11/7/2023 US BANK, 1025234759 11/7/2023 US BANK, 1025234759 11/7/2023 US BANK, CONCEALED PISTOL LIC - FBI 11/l/2023 12402513 PD-BACKGROUND CHECKS CONFERENCE/SEMINAR REGISTRATH 10/25/2023 SEPT 2023 PD VISA PD-CODE3 ASSOC TRAINING 10/25/2023 SEPT 2023 PD VISA PD-ON TARGET SEMINAR 10/25/2023 SEPT 2023 PD VISA PD-CISM TRAING 10/25/2023 SEPT 2023 PD VISA PD-ADMIN CONFER 10/2512023 SEPT 2023 PRO VISA HR-TRAINING FOR NOTARY 10/25/2023 SEPT 2023 PRO VISA PWTR-CAREER DEVELOPMENT 10/25/2023 SEPT 2023 PRO VISA SWM-FLAGGER TRAINING 10/25/2023 SEPT 2023 PRO VISA PWST-FLAGGER TRAINING 10/25/2023 SEPT 2023 PRO VISA PW-REMOTE BASIC WORKSHOP 10/25/2023 SEPT 2023 PRO VISA PWST-FLAGGER TRAINING 10/25/2023 SEPT 2023 PRO VISA CC-MEMB MTG 10/25/2023 SEPT 2023 PRO VISA CC -CONFERENCE 10/25/2023 SEPT 2023 PRO VISA CC -CONFERENCE 10/25/2023 SEPT 2023 PRO VISA CC -MEMBERSHIP MTG 10/25/2023 SEPT 2023 PRO VISA SWM-CDL TRUCKING SCHOOL 10/25/2023 SEPT 2023 PRO VISA SWM-CDL TRUCKING SCHOOL 10/25/2023 SEPT 2023 PRO VISA CC-SCA NETWORKING MTING 10/25/2023 SEPT 2023 PRO VISA CC-SCA NETWORKING MTING 10/25/2023 SEPT 2023 PRO VISA , CC-SCA NETWORKING MTING 10/25/2023 SEPT 2023 PRO VISA CK-NOTARY WEBINAR 10/25/2023 SEPT 2023 CITY VISA CD -HOUSING WA CON 10/25/2023 SEPT 2023 CITY VISA CD- ICC ENERGY CODE TRAINING 10/25/2023 SEPT 2023 CITY VISA CDHS-WPY NATIONAL CONE $384.25 $384.25 $26,405.38 $25.00 $325.00 $285.00 $199.00 $135 00 $350 00 $240.00 $80.00 $350.00 $80.00 $175.00 $928.33 $325 13 $200 00 $2,499 00 $2.499.00 $55.00 $55.00 $55 00 $135.00 $284.62 $120.00 $1,186 50 Key Bank Page 8 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $377.80 EOC-CONFERENCE AIRFARE 288715 11/17/2023 WASTATE CRIMINAL JUSTICE11/24/2023 201138652 $9,894.00 PD-TRAINING SVC 288715 11/17/2023 WA STATE CRIMINAL JUSTICE11/25/2023 201138696 $600 00 PD-TRAINING SVC 288715 11/17/2023 WA STATE CRIMINAL JUSTICE10/25/2023 201138616 $4,947.00 PD-TRAINING SVC CONSTRUCTION PROJECTS $429,895.72 288599 11/17/2023 ICON MATERIALS INC, 9/30/2023 AG23-170 #1 $429,895.72 PW-AG23-170 S 288TH ROAD DIET CONSULTING CONTRACTS $232,074.06 288486 10/31/2023 TIERRA RIGHT OF WAY SRVCS/8/2023 2301923 $46.306.41 PW-AG23-130 JOINT OPERATIONS & 288369 10/31/2023 HISTORICAL RESEARCH ASS(9/30/2023 0002309035 $323.25 CD-AG23-128 CULTURAL RESOURCES 288422 10/31/2023 PARAMETRIX INC, 10/11/2023 49125 $10,143.63 PWST-CITY CENTER ACCESS AG17-1 288450 10/31/2023 SCJ ALLIANCE, 10/9/2023 73888 $4.510.75 PW-AG23-103 S 320TH GRADE SEPA 288302 10/31/2023 BCRA INC, 10/7/2023 31565 $343.82 PW-AG22-014 CITYWIDE PEDESTRIA 288308 10/31/2023 BRIGHT ENGINEERING INC, 10/19/2023 6652 $1,557.66 PW-AG22-010 ON -CALL CONSULTING 288462 10/31/2023 SOUND PUBLISHING INC, 8/11/2023 FWM981829 $138.96 SWM-AD ACCT#83722479 288489 10/31/2023 TRANSPO GROUP USA INC, 10/13/2023 31292 $39&83 PW-AG19-168 VARIABLE LANE USE 288489 10/31/2023 TRANSPO GROUP USA INC, 10/13/2023 31295 $12,813.04 PW-AG22-117 SR99 @ S 373RD ST 288384 10/31/2023 KPG INC, 10/20/2023 199995 $6,821.00 PW-AG21-195 ON -CALL PLAN REVIE 288376 10/31/2023 JIMENEZ PRODUCTIONS, DAb10/25/2023 0007 $1,050.00 MOED-AG23-010 VIDEO PRODUCTION 288594 11/17/2023 HELIX DESIGN GROUP INC, 9/30/2023 A23-08709302023 $85.227.25 PW-AG20-925 OPT & MAINT FACILI 288577 11/17/2023 FEDERAL EXPRESS CORPOR.10/27/2023 8-299-82256 $14.73 PW-DOCUMENTS EXPRESS DELIVERY 288704 11/17/2023 TRANSPO GROUP USA INC, 10/26/2023 31343 $62,424.73 PW-AG21-152 S 288TH ST RD DIET COPIER & PRINTER SUPPLIES $3,051.26 288312 10/31/2023 CAFFE D'ARTE LLC, 10/17/2023 535679 $80.00 HR-COFFEE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 10/12/2023 2243640-0 $153 15 HR-OFFICE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 10/12/2023 2243641-0 $76.57 HR-OFFICE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 10/12/2023 2243642-0 $306 30 HR-OFFICE SUPPLIES 288327 10/31/2023 COPIERS NORTHWEST INC, 10/5/2023 INV2717699 $632.05 IT-AG21-019 PRINTER/COPIER MAI Key Bank Page 9 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288325 10/31/2023 COMPLETE OFFICE, 9/27/2023 2240665-0 $76.57 HR-OFFICE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 9/27/2023 2240666-0 $76.57 HR-OFFICE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 9/27/2023 2240667-0 $76.57 HR-OFFICE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 9/27/2023 2240669-0 $229.72 HR-OFFICE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 9/27/2023 2240670-0 $76.57 HR-OFFICE SUPPLIES 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2728080 $292.56 IT-AG21-019 PRINTER/COPIER MAI 288541 11/17/2023 CAFFE D'ARTE LLC, 10/30/2023 536614 $73.53 HR-COFFEE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/31/2023 2247539-0 $288.51 HR-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/31/2023 2247540-0 $76.57 HR-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/31/2023 2247541-0 $306.30 HR-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/31/2023 2247542-0 $76.57 HR-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/31/2023 2247543-0 $153.15 HR-OFFICE SUPPLIES CORPORATIONS -GENERAL $213.00 288336 10/31/2023 DEDICATED HANDS LLC, 10/6/2023 10/6/23 $81.00 CD -REFUND BUSINESS LICENSE 288427 10/31/2023 PERRITOSCALIENTES LLC, 10/24/2023 10/24/23 $51.00 CD -REFUND BUSINESS LICENSE 288332 10/31/2023 CRYSTAL DREAMS PROFESS110/23/2023 10/23/23 $81.00 CD -REFUND BUSINESS LICENSE CUSTODIAL & CLEANING $11,289.67 288299 10/31/2023 ARAMARK UNIFORM SERVICEI0/3/2023 5120329580 $28.58 FWCC-LINEN SVC 288299 10/31/2023 ARAMARK UNIFORM SERVICEI0/3/2023 5120329581 $41.84 FWCC-LINEN SVC 288299 10/31/2023 ARAMARK UNIFORM SERVICE10/10/2023 5120333834 $174.40 DBC-LINEN SVC 288299 10/31/2023 ARAMARK UNIFORM SERVICE10/10/2023 5120333835 $156.34 DBC-LINEN SVC 288299 10/31/2023 ARAMARK UNIFORM SERVICE10/17/2023 5120337646 $28.58 FWCC-LINEN SVC 288299 10/31/2023 ARAMARK UNIFORM SERVICE10/17/2023 5120337647 $41.84 FWCC-LINEN SVC 288299 10/31/2023 ARAMARK UNIFORM SERVICE10/17/2023 5120337651 $169.55 DBC-LINEN SVC 288299 10/31/2023 ARAMARK UNIFORM SERVICE10/17/2023 5120337652 $156.34 DBC-LINEN SVC 288534 11/17/2023 ARAMARK UNIFORM SERVICE10/2412023 5120341880 $242.22 DBC-LINEN SVC 288534 11/17/2023 ARAMARK UNIFORM SERVICE10/24/2023 5120341881 $156.34 DBC-LINEN SVC Key Bank Page 10 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288670 11/17/2023 REGENCY CLEANERS, DBA: F10/31/2023 1324 $1,156.23 PD-AG21-017 PD DRY CLEANING SR 288534 11/17/2023 ARAMARK UNIFORM SERVICEIO/31/2023 5120346233 $156.34 DBC-LINEN SVC 288534 11/17/2023 ARAMARK UNIFORM SERVICE10/31/2023 5120346238 $242 22 DBC-LINEN SVC 288676 11/17/2023 SECURITAS TECHNOLOGY CC10/1/2023 6003614142 $79.14 CHB-MAINT SVCS EVIDENCE BLDG 1 288676 11/17/2023 SECURITAS TECHNOLOGY CC10/1/2023 6003620923 $111.30 CHB-MAINT SVCS CITY HALL 11/l/ 288534 11/17/2023 ARAMARK UNIFORM SERVICEII/1/2023 5120346980 $28,58 FWCC-LINEN SVC 288534 11/17/2023 ARAMARK UNIFORM SERVICE11/1/2023 5120346985 $41.84 FWCC-LINEN SVC 288546 11/17/2023 CEDAR BUILDING SERVICE IN11/1/2023 53252 $8,277.99 PKDBC-AG19-170 JANITORIAL & DEF REV-FWCC-REC TRAC $1,900.00 288306 10/31/2023 BRENT, WADELL 10/18/2023 1045616 $500.00 FWCC-REFUND CALCELLED PGM #104 288295 10/31/2023 AGUSTO, BRIGIDA 10/18/2023 1045648 $500 00 FWCC-REFUND CALCELLED PGM #104 288378 10/31/2023 KELLER WILLIAMS, 10/18/2023 1045651 $500.00 FWCC-REFUND CALCELLED PGM #104 288315 10/31/2023 CHAPPELLE, ED 10/18/2023 1045657 $250 00 FWCC-REFUND CALCELLED PGM #104 288540 11/17/2023 BRAMBILA, EDITH 11/1/2023 1057064 $150 00 FWCC-REFUND CANCELLED PGM #105 DEPOSITIBONDS PAYABLE $8,047.22 288423 10/31/2023 PAVILION CENTER ASSOCIATNO/23/2023 01-102684 $500.00 CD -REFUND BOND DEPOSIT 01-1026 288416 10/31/2023 OLIVER, BRENDA 10/23/2023 05-100247 $180.00 CD-05-100247 PERMIT REFUND 288472 10/31/2023 STEFOGLO, VIKTOR 10/16/2023 04-10994 $7,367.22 CD -REFUND CASH DEPOSIT DEPOSITIBONDS PAYABLE-PW $1,538.00 288395 10/31/2023 MCDANIEL, WM. 10/17/2023 23-104882 $1,538.00 PW-REFUND DEPOSIT #23-104882 DEPOSIT-CD-BLD EXP PLAN REVIEW $350.00 288303 10/31/2023 BEST BUY. 10/28/2023 01-100552 $250.00 CD -REFUND BOND DEPOSIT 01-1005 288362 10/31/2023 GOUGH DEVELOPMENT INC, 10/23/2023 01-100751 $100,00 CD -REFUND BOND DEPOSIT 01-1007 DEPOSIT-ENVIRON REVIEW $67,769.72 288420 10/31/2023 PAK, JUNG H 10/23/2023 98-101406 $1.520.00 CD -REFUND BOND DEPOSIT 98-1014 288508 10/31/2023 WALLER ROAD IV ASSOC IATE1 0/23/2023 01-104512 $1,707.29 CD -REFUND BOND DEPOSIT 01-1045 288464 10/31/2023 SOUND TRANSIT AUTHORITY, 10/23/2023 03-102936 $596.45 CD -REFUND BOND DEPOSIT 03-1029 288439 10/31/2023 QUADRANT CORPORATION, 10/23/2023 01-101725 $8,250.24 CD -REFUND BOND DEPOSIT 01-1017 Key Bank Page 11 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288345 10/31/2023 ENVIRONMENTAL SCIENCE Al10/612023 189181 $1,120.00 CD-AG19-127 THIRD PARTY WETLAN 288533 11/17/2023 AMALANI LLC, 11/1/2023 17-103948 $5,414.42 PD-REFUND EVIDENCE FUNDS 001-0 288533 11/17/2023 AMALANI LLC, 11/1/2023 19-103218 $6,714.50 PD-REFUND EVIDENCE FUNDS 19-10 288703 11/17/2023 TRAN, MI 11/7/2024 16-101380 $281.49 CD-16-101380 PERMIT REFUND 288533 11/17/2023 AMALANI LLC, 11/13/2023 22-105973 $8,283.88 CD -REFUND 05-15723 288533 11/17/2023 AMALANI LLC, 11/17/2023 22-105973 $8.283.88 CD -REFUND PERMIT 22-105973 288578 11/17/2023 FEDERAL WAY CAMPUS LLC, ,11/3/2023 16-102947 $1,953.85 CD -REFUND PERMIT 16-102947 288712 11/17/2023 VICTORY UNLIMITED, 11/3/2023 16-103267 $2,938.82 CD -REFUND PERMIT 16-103267 288602 11/17/2023 INTERPLAST CORPORATION, 11/3/2023 16-103312 $525.00 CD -REFUND PERMIT 16-103312 288707 11/17/2023 URBAN DESIGN GROUP, 11/3/2023 16-105471 $21.00 CD -REFUND PERMIT 16-105471 288574 11/17/2023 ESM CONSULTING ENGINEER11/3/2023 17-104236 $62.50 CD -REFUND PERMIT 17-104236 288575 11/17/2023 ESM CONSULTING ENGINEER11/3/2023 17-106104 $1.50 CD-17-106104 PERMIT REFUND 288655 11/17/2023 PAPE PROPERTIES INC, 11/3/2023 19-105322 $2,679.76 CD -REFUND PERMIT 19-105322 288587 11/17/2023 GILL, KASHMIR 11/7/2023 04-102513 $1,684.64 CD-04-102513 PERMIT REFUND 288641 11/17/2023 NA, YOUNGYUL 11/7/2023 16-100805 $281.48 CD-16-100805 PERMIT REFUND 288662 11/17/2023 PIERSON, RICHARD 11l7/2023 16-101020 $281.48 CD-16-101020 PERMIT REFUND 288568 11/17/2023 DIMA CONSTRUCTION & SIDIP11/7/2023 19-102396 $271.54 CD-19-102396 PERMIT REFUND 288625 11/17/2023 MAYZLIN, DMITRIY 11/7/2023 19-102996 $2,070.60 CD-19-102996 PERMIT REFUND 288625 11/17/2023 MAYZLIN, DMITRIY 11/7/2023 19-105074 $447 50 CD-19-105074 PERMIT REFUND 288671 11/17/2023 RIDGELINE SHEET METAL LLC11/8/2023 02-60800 $751.20 CD -REFUND ENV DEPOSIT 07-10276 288603 11/17/2023 J3 CIVIL ENGINEERS, 11/8/2023 05-06270 $5,437 75 CD -REFUND ENV DEPOSIT 12-10135 288644 11/17/2023 NEW CONCEPT HOMES, 11/8/2023 07-102761 $751.20 CD-07-102761 PERMIT REFUND 288603 11/17/2023 J3CIVIL,ENGINEERS, 11/8/2023 12-101356 $5,437.75 CD-12-101356 PERMIT REFUND DISPATCH SERVICES-INTERGOV $2,345.60 288500 10/31/2023 VALLEY COMMUNICATIONS C10/10/2023 0027641 $2,345.60 PD-WSP ACCESS 2023 Q3 DP COMPONENTS $1.47 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $1.47 IT -DP COMPONENTS Key Bank Page 12 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $-549.40 IT -DP COMPONENTS 1025239491 11/5/2023 US BANK, 10/25/2023 - SEPT 2023 PRO VISA $549.40 IT -DP COMPONENTS ELECTRICAL PERMITS $79.24 288334 10/31/2023 DAMMEIER, STEVEN 10/16/2023 23-105118 $79.24 CD-23-105118 PERMIT REFUND ELECTRICITY $53,262.86 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/16/2023 220028151383 $99.69 PWTR-10/23 34404 16TH AVE S 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/16/2023 220028560633 $16 94 PWTR-09/23 34701 11TH PL S 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/16/2023 220031075421 $45.31 PWTR-10/23 1688 S 348TH ST# LI 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/16/2023 220031179041 $49.85 PW7R-10/23 3014 S 320TH ST #LI 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/17/2023 220031212834 $99.84 PWTR-10/23 1336 S 336TH ST 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/13/2023 220030037323 $74.39 PWTR 9/23 1921 S 302ND ST 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/13/2023 220031180106 $54.45 PWTR-9/23 31910 GATEWAY CENTER 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/18/2023 220030838597 $36.25 PWTR- 09/23 4451 SW 313TH ST # 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/18/2023 220031075454 $132.70 PWTR-9/23 36201 ENCHANTED PKWY 288479 10/31/2023 TACOMA PUBLIC UTILITIES, 10/4/2023 100048250 $2,418.85 DBC-8/24/23-09/22/23 PUBLIC 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/9/2023 300000009526 $9,586.82 PWTR-09/23 PWTR STREETLIGHTS 288438 10/31/2023 PUGET SOUND ENERGY INC, 10/10/2023 220028947798 $24,993.04 PWTR-09/23 PWTR STREETLIGHTS 288667 11/17/2023 PUGET SOUND ENERGY INC, 10/30/2023 300000007322 $10,568.95 PWTR-10/23 PSE ELECTRICITY CHG 288667 11/17/2023 PUGET SOUND ENERGY INC, 10/17/2023 220003675349 $26.30 PKM-10/23 726 S 356TH ELECTRIC 288667 11/17/2023 PUGET SOUND ENERGY INC, 10/17/2023 220018358782 $12.28 PKM-10/23 550 SW CAMPUS DR #P1 288667 11/17/2023 PUGET SOUND ENERGY INC, 10/13/2023 220014198398 $12 03 PKM-10/23 2645 S 312TH ST ELEC 288667 11/17/2023 PUGET SOUND ENERGY INC, 10/13/2023 220025635438 $61 72 PKM-10/23 31132 28TH AVE S 288667 11/17/2023 PUGET SOUND ENERGY INC, 10/13/2023 220030875599 $170 13 PKM-10/23 2410 S 312TH ST 288667 11/17/2023 PUGET SOUND ENERGY INC, 10/13/2023 220031179967 $34.25 PWTR-10/23 3014 S 320TH ST #LI 288667 11/17/2023 PUGET SOUND ENERGY INC, 10/13/2023 220031767019 $90.80 PWTR-9/23 31701 23RD AVE S 288667 11/17/2023 PUGET SOUND ENERGY INC, 11/3/2023 300000009526 $4,678.27 PWTR-10/23 PWTR STREETLIGHTS EVIDENCE FUNDS $57,443.42 Key Bank Page 13 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288443 10/31/2023 RITE -AID, 2/14/2023 001-0096692 $334.00 PD-REFUND EVIDENCE FUNDS 001-0 288515 10/31/2023 WESTON, COBBE R. 2/14/2023 2/14/23 $11.00 PD-REFUND EVIDENCE FUNDS 001-0 288605 11/17/2023 JAVIER-BASILIO, SERGIO 10/26/2023 001-97404 $5.86 PD-REFUND EVIDENCE FUNDS 001-9 288566 11/17/2023 DAVIS, JASON M. 10/26/2023 001-97408 $8.00 PD-REFUND EVIDENCE FUNDS 001-9 288685 11/17/2023 SOK, SAMATHS 10/26/2023 001-97412 $50.00 PD-REFUND EVIDENCE FUNDS 001-9 288727 11/17/2023 WEST, DALE ALLEN 10/26/2023 001-97412 $17.00 PD-REFUND EVIDENCE FUNDS 001-9 288631 11/17/2023 MOORE, JOSEPH A. 10/26/2023 001-97502 $65.60 PD-REFUND EVIDENCE FUNDS 001-9 288571 11/17/2023 EDLING, TRICIA M 10/19/2023 001-0097433 $620.00 PD-REFUND EVIDENCE FUNDS 001-0 288731 11/17/2023 ZHOU, CHU YUAN 10/19/2023 20-4300 $56,331.96 PD-REFUND EVIDENCE FUND 20-430 FIRST CLASS POSTAGE $1,375.62 288433 10/31/2023 PITNEY BOWES PRESORT SV9/30/2023 1024007375 $1,232.16 FI-PITNEY BOWES POSTAGE DEPOSI 288348 10/31/2023 FEDERAL EXPRESS CORPOR,10/13/2023 8-284-57109 $11.46 IT -MAILING SVC 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $132.00 PWTR-POSTAGE FOOD & BEVERAGE $20,542.06 288403 10/31/2023 MOUNTAIN MIST WATER, 10/12/2023 005644410 $38.05 PD-WATER SVC ACCT#077665 - 288305 10/31/2023 BOYLE, SHARON 7/27/2023 BOYLE 2023 $116.04 PARKS-OPER SUPPLS/FOOD 288497 10/31/2023 US FOODS INC, 10/9/2023 5010392 $285.32 DBC-CATERING SUPPLIES 288497 10/31/2023 US FOODS INC, 10/4/2023 4908390 $34.04 DBC-CATERING SUPPLIES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $132.61 PD-PANEL INTERVIEW LUNCH 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $114.93 PD-PANEL INTERVIEW LUNCH 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $152 06 PD-PANEL INTERVIEW LUNCH 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $115 01 PD-SNACKS LTASSESSMENT 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $11 96 PD-FOOD FOR DEPT BBQ 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $262.35 PD-FOOD FOR DEPT BBQ 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $163 30 PD-DEPARTMENT BARBECUE 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $115.46 PD-SNACKS LTASSESSMENT 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $82 64 PD-PANEL INTERVIEW LUNCH Key Bank Page 14 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $285.62 PD-LTASSESMENT LUNCH 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $38.50 PD-DEPT BBQ 1025233793 11/3/2023 US BANK, 10125/2023 SEPT 2023 PD VISA _ $234.01 PD-LTASSESMENT LUNCH 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $10,77 PD-LTASSESMENT LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $4.60 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $5.55 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $28.15 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $5,32 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $9A7 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $21.65 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $24.57 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $6.50 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10125/2023 SEPT 2023 PRO VISA $19.75 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $60.54 FWCC-STAFF LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $201.63 FWCC-STAFF LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $14.78 MOED-CONFERENCE LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $141.96 IT -TRANSFORMER REPLA. LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $49.58 CC -WATER FOR OFFICE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $216,41 FWCC-STAFF LUNCH 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $50.05 CC -WATER FOR OFFICE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $74,46 CC -FOOD SNR COMM MTG 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $27.42 DBC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $29.49 DBC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $40.05 DBC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $113 91 FI-FOOD FOR TEAM CELEBRATION 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $3,729.00 MO -ALL CITY STAFF MTG Key Bank Page 15 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $500.00 MO-HALLOWFEST CATERING 1025239491 11/5/2023 US BANK, 10/2512023 SEPT 2023 PRO VISA $2,021.44 FWCC-SLIDE GRAND REOPENING 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $515 36 MO -ALL CITY STAFF MTG 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $103 61 PW-RETIREMENT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $12 47 PW-RETIREMENT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $500.00 MO -ALL CITY STAFF MTG 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $18.49 PARKS -CAST FOOD FOR PARTY 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $29 53 PARKS -STAFF OUTING LUNCH 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $99.75 PARKS -YOUTH COMM LUNCH 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $149.94 PARKS-SNR TRIP FOOD ITEMS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $2,500 38 EOC-SHELF STABLE MEALS 1025234759 11/7/2023 US BANK, 10/2512023 SEPT 2023 CITY VISA $1,816.25 EOC-BOTTLE WATER 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $17 94 CD -SNACKS FOR HOUSING GRP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $12944 CDHS-DINNER DIVERSITY COMM. 1025234759 11/7/2023 US BANK, 10/2512023 SEPT 2023 CITY VISA $591 78 PARKS-SNR LUNCH 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $126 97 PARKS -COFFEE SUPPLS 1025234759 11/7/2023 US BANK, 10/2512023 SEPT 2023 CITY VISA $86.68 PARKS -COFFEE 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $39441 PARKS -FOOD TEAM OUTING 1025234759 11/7/2023 US BANK, 10125/2023 SEPT 2023 CITY VISA $82.69 PARKS-SNR TRIP LUNCH 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $182.98 FWCC-LUNCH FOR CLOSURE STAFF 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $37.39 FWCC-LUNCH FOR CLOSURE STAFF 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $30 00 CC -CHAMBER LNCH 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $30.00 CC -CHAMBER LNCH 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $61.71 CC -COUNCIL DINNER 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $156.65 MO -COUNCIL DINNER 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $21.26 MO -ALL CITY PICNIC Key Bank Page 16 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $30.37 MO -ALL CITY PICNIC 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $277.64 MO -ALL CITY PICNIC 1025234759 11(7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $1,243.12 MO -ALL CITY PICNIC 288708 11/17/2023 US FOODS INC, 10/25/2023 5441604 $33,10 DBC-CATERING SUPPLIES 288708 11/17/2023 US FOODS INC, 10/25/2023 5441603 $24.16 DBC-CATERING SUPPLIES 288709 11/17/2023 US FOODS INC, 10/13/2023 658465 $-0.51 DBC-CREDIT 288708 11/17/2023 US FOODS INC, 10/19/2023 5282549 $466.42 DBC-CATERING SUPPLIES 288708 11/17/2023 US FOODS INC, 10/19/2023 5298124 $24 68 DBC-CATERING SUPPLIES 288708 11/17/2023 US FOODS INC, 10/18/2023 5263927 $27.73 DBC-CATERING SUPPLIES 288709 11/17/2023 US FOODS INC, 10/23/2023 5368684 $392 77 DBC-CATERING SUPPLIES 288668 11/17/2023 QUENCH, INC, 10/22/2023 INV06465628 $199.85 PD-DRINKING WATER SERVICE 288635 11/17/2023 MOUNTAIN MIST WATER, 10/30/2023 005675451 ,$1 00 PD-WATER SVC ACCT#077665 288708 11/17/2023 US FOODS INC, 10/31/2023 5988289 $-8.66 DBC-CATERING SUPPLIES 288708 11/17/2023 US FOODS INC, 10/13/2023 5994985 $-0.51 DBC-CATERING SUPPLIES 288708 11/17/2023 US FOODS INC, 11/2/2023 5638057 $300.14 DBC-CATERING SUPPLIES 288636 11/17/2023 MULKEY, JOHN 11/16/2023 MULKEY 2023 $100.00 PW-DIRECTOR'S AWARD 288668 11/17/2023 QUENCH, INC, 11/1/2023 INV06540335 $146 03 DBC-DRINKING WATER SERVICE GASOLINE $35,395.41 288431 10/31/2023 PETROCARD INC., 10/15/2023 C304644 $539.84 PD-VEHICLE FUEL 288517 10/31/2023 WORLD KINECT ENERGY SER10/4/2023 23-935839 $461.89 FLT-PRM CONV GAS 288580 . 11/17/2023 FEDERAL WAY PUBLIC SCHO(9/30/2023 AR13933 $32,513.79 PD-09/23 VEHICLE FUEL 288580 11/17/2023 FEDERAL WAY PUBLIC SCHO(9/30/2023 AR13933 $524.31 PD-09/23 VEHICLE FUEL 288729 11/17/2023 WORLD KINECT ENERGY SER9/6/2023 23-913117 $563.90 FLT-PRM CONV GAS 288659 11/17/2023 PETROCARD INC., 10/31/2023 C317647 $791.68 PD-VEHICLE FUEL HEALTH INSURANCE PREM COBRA $211.84 288567 11/17/2023 DELTA DENTAL OF WA - GR 0310/16/2023 1641780 $211.84 FI-COBRA PAYMENTS 11/1/23 - 11 HEALTH INSURANCE PREMIUM $1,400.00 Key Bank Page 17 of 70 heck No. Date Vendor Invoice Date Invoice Description AmountGL Total 288475 10/31/2023 SUND, GRETCHEN 10/17/2023 SUND 2023 _ $100 00 PD-DEDUCTIBLE REIMB 288516 10/31/2023 WONG, NICHOLAS 10/23/2023 WONG 2023 $300 00 PD-DEDUCTIBLE REIMB 288512 10/31/2023 WELLS, HEIDY 10/24/2023 WELLS 2023 $100.00 PD-DEDUCTIBLE REIMB 288314 10/31/2023 CHAPIN, REBECCA 10124/2023 CHAPIN 2023 $100 00 CD -DEDUCTIBLE REIMB 288698 11/17/2023 THOMPSON, JACOB 10/24/2023 THOMPSON 2023 $200 00 PD-DEDUCTIBLE REIMBURSEMENT 288725 11/17/2023 WEBSTER, ARIANNA 10/26/2023 WEBSTER 2023 $200 00 PD-DEDUCTIBLE REIMB 288681 11/17/2023 SHINES, DIANE 11/1/2023 SHINES 2023 $100 00 PD-DEDUCTIBLE REIMB. 288549 11/17/2023 CIMMER, KARI 11/2/2023 CIMMER 2023 $100.00 CD -DEDUCTIBLE REIMB 288721 11/17/2023 WARRICK,SHAWN 11/1/2023 WARRICK2023 $200.00 PD-DEDUCTIBLE REIMB HIGHLINE COLLEGE - PROFESSIONAL $31,816.56 288368 10/31/2023 HIGHLINE COLLEGE, 10/15/2023 3RD QTR 2023 $24,097.54 CDHS-AG23-210 ECONOMIC DEVELOP 288368 10/31/2023 HIGHLINE COLLEGE, 10/15/2023 2ND QTR 2023 $7,719.02 CDHS-AG23-210 ECONOMIC DEVELOP HOUSEHOLD SUPPLIES $10,681.78 288509 10/31/2023 WALTER E NELSON CO., 10/12/2023 949737 $47.85 FWCC-JANITORIAL SUPPLIES 288509 10/31/2023 WALTER E NELSON CO., 10/4/2023 947879 $1.225.78 FWCC-JANITORIAL SUPPLIES 288509 10/31/2023 WALTER E NELSON CO., 10/6/2023 948453 $557.03 PKM-JANITORIAL SUPPLIES 288509 10/31/2023 WALTER E NELSON CO., 10/10/2023 948926 $164.42 PKM-JANITORIAL SUPPLIES 288509 10/31/2023 WALTER E NELSON CO., 10/19/2023 950647 $1.566.95 FWCC-JANITORIAL SUPPLIES 288509 10/31/2023 WALTER E NELSON CO., 10/13/2023 949725 $206.25 CHB-JANITORIAL SUPPLIES 288509 10/31/2023 WALTER E NELSON CO., 10/12/2023 949514 $809.73 PKM-JANITORIAL SUPPLIES 288509 10/31/2023 WALTER E NELSON CO., 10/12/2023 949517 $61.13 PKM-JANITORIAL SUPPLIES 288509 10/31/2023 WALTER E NELSON CO., 10/12/2023 949519 $47.85 FWCC-JANITORIAL SUPPLIES 288509 10/31/2023 WALTER E NELSON CO., 10/11/2023 949131 $1,551.56 FWCC-JANITORIAL SUPPLIES 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $657.96 CHB-CLEANING SUPPLIES 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $17.26 DBC-CLEANING SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $13.09 FWCC-BROOM HOLDER 288720 11/17/2023 WALTER E NELSON CO., 10/24/2023 951446 $2,000.71 CHB-JANITORIAL SUPPLIES Key Bank Page 18 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288720 11/17/2023 WALTER E NELSON CO., 10/25/2023 951925 $1,164.80 FWCC-JANITORIAL SUPPLIES 288720 11/17/2023 WALTER E NELSON CO., 10/27/2023 952184 $382-82 DBC-JANITORIAL SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/18/2023 2244982-0 $187.36 CHB-OFFICE SUPPLIES 288597 11/17/2023 HOME DEPOT-DEPT 32-25007110/19/2023 0523068 $19.23 PKM-REPAIR/MAINT SUPPLIES HUMAN SERVICES -CATHOLIC COMM! $34,156.73 288638 11/17/2023 MULTI -SERVICE CENTER, 10/10/2023 3RD QTR 2023 $23,281.73 CDHS-AG23-071 EMERASSIS RES N 288545 11/17/2023 CATHOLIC COMMUNITY SERV7/15/2023 3RD QTR 2023 $10,875.00 CDHS-AG23-110 MOU INCENTIVE PAY $655.00 288455 10/31/2023 SHEMEREKO, YEGOR 10/11/2023 SHEMEREKO 2023 $55.00 IT-CIR INCENTIVE PAY 288367 10/31/2023 HANSEN, ROCKEY 10/11/2023 HANSEN 2023 $200.00 PWTR-COMMUTER INCENTIVE PGRM 288397 10/31/2023 MCINTOSH, DONALD 10/11/2023 MCINTOSH 2O23 $200 00 PWTR-COMMUTER INCENTIVE PGRM 288408 10/31/2023 NAGARAJ, DEEKSHA 10/11/2023 NAGARAJ 2023 $200.00 PWTR-COMMUTER INCENTIVE PGRM INSURANCE -STOP LOSS $65,740.46 1101233039 11/1/2023 KAISER FOUNDATION HEALTI-11/1/2023 NOV 2023 $9,533.34 FI-11123 ADMIN FEE KAISER HEAL 1101233040 11/1/2023 KAISER FOUNDATION HEALTh11/1/2023 NOV 2023 #2 $56,207.12 FI-11/23 ADMIN FEE KAISER HEAL JAIL CS - KENT $150 +AG19-133 $95,221.00 288319 10/31/2023 CITY OF KENT, 10/17/2023 RI 72735 $25,221.00 PD-AG19-133 JAIL SVC INMATE HO JAIL CS - KING CO $197 + AG13-015 $84,622.69 288380 10/31/2023 KING COUNTY FINANCE DIVIS10/512023 3004472 $28.162 75 PD-AG23-123 DAJD OTH CITIES- 288380 10/31/2023 KING COUNTY FINANCE DIV189/13/2023 3004437 $30,444.94 PD-AG23-123 DAJD OTH CITIES- 288551 11/17/2023 CITY OF KENT, 11/2/2023 RI 72911 $26,015.00 PD-AG19-133 JAIL SVC INMATE HO JAIL CS - NISQUALLY $105,950.00 288411 10/31/2023 NISQUALLY INDIAN TRIBE, 9/21/2023 36725 $-5;980.00 PD-AG23-017 JAIL SVCS 288411 10/31/2023 NISQUALLY INDIAN TRIBE, 9/30/2023 36990 $57,200.00 PD-AG23-017 JAIL SVCS 288645 11/17/2023 NISQUALLY INDIAN TRIBE, 5/31/2023 35465 $57,070.00 PD-AG23-017 JAIL SVCS 288645 11/17/2023 NISQUALLY INDIAN TRIBE, 9/15/2023 36697 $-2,340.00 PD-AG23-017 JAIL SVCS JAIL CS - SCORE $142,564.11 288451 10/31/2023 SCORE, 8/11/2023 7142 $144,287.95 PD-AG23-009 JAIL SVCS INMATE H 288451 10/31/2023 SCORE, 6/30/2022 6054 $-131.84 PD-AG23-009 JAIL SVCS INMATE H Key Bank Page 19 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288451 10/31/2023 SCORE, 6/20/2023 6992 $-1,592.00 PD-AG23-009 JAIL SVCS INMATE H JOB ANNOUNCEMENTS $350.00 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $350.00 HR-JOB POSTING JUDGEMENTS AND SETTLEMENTS $-21,200.00 288310 10/31/2023 C.E.M MAINTENANCE INC, DE9/29/2023 AG22-063 #11 $-21,200.00 FWCC-LIQUIDATED DAMAGES LEASEHOLD TAX $1,012.82 288507 10/31/2023 WA STATE REVENUE DEPT.MI9/30/2023 3RD QTR 2023 $1,012.82 FI-3Q/23 LEASEHOLD EXC TAX LEASEHOLD TAX -RECREATION $1,200.70 288507 10/31/2023 WA STATE REVENUE DEPT.MI9/30/2023 3RD QTR 2023 $1,200.70 FI-3Q/23 LEASEHOLD EXC TAX LEGAL NOTICES $3,903.15 288463 10/31/2023 SOUND PUBLISHING INC, 9/22/2023 FWM984535 $49.54 CK-AD ACCT#83722476 288463 10/31/2023 SOUND PUBLISHING INC, 9/15/2023 FWM983948 $112 32 CDHS-AD ACCT#83722477 288463 10/31/2023 SOUND PUBLISHING INC, 9/15/2023 FWM983949 $125.64 C D H S-AD ACCT#83722477 288463 10/31/2023 SOUND PUBLISHING INC, 9/8/2023 FWM983657 $99.00 CDHS-AD ACCT#83722477 288463 10/31/2023 SOUND PUBLISHING INC, 9/8/2023 FWM983721 $100.91 CK-AD ACCT#83722476 288463 10/31/2023 SOUND PUBLISHING INC, 9/1/2023 FWM983285 $43.83 CDHS-AD ACCT#83722477 288463 10/31/2023 SOUND PUBLISHING INC, 9/1/2023 FWM983286 $68.56 C D H S-AD ACCT#83722477 288463 10/31/2023 SOUND PUBLISHING INC, 8/25/2023 FWM982857 $119.93 CDHS-AD ACCT#83722477 288463 10/31/2023 SOUND PUBLISHING INC, 8/18/2023 FWM982569 $165.59 CDHS-AD ACCT#83722477 288682 11/17/2023 SIGN STOP NORTHWEST, 10/26/2023 10232033-92 $2,091.90 CD -PRINT GRAPHICS SVCS 288687 11/17/2023 SOUND PUBLISHING INC, 9/8/2023 FWM983654 $306.38 PW-AD ACCT#83722479 288686 11/17/2023 SOUND PUBLISHING INC, 5/31/2023 8105230 $315.00 CK-AD ACCT#83722476 288686 11/17/2023 SOUND PUBLISHING INC, 7/21/2023 FWM980913 $157.98 CDHS-AD ACCT#83722477 288686 11/17/2023 SOUND PUBLISHING INC, 8/4/2023 FWM981785 $146.57 PW-AD ACCT#83722479 LODGING $6,572.30 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $626.62 PD-EVOC TRAINING 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $583.77 PD-RIFLE INSTRUCTOR COURSE 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $1,113.81 PD-BASIC HOMICIDE CLASS 1025233793 11/3/2023 US BANK, 10/2512023 SEPT 2023 PD VISA $1,113.81 PD=BASIC HOMICIDE CLASS Key Bank Page 20 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $759.84 MOED-CONFERENCE LODGING 1025234759 11l7/2023 US BANK, 10/'25/2023 SEPT 2023 CITY VISA $398.07 CD -CODE COMPLIANCE CONF 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $398.07 CD -CODE COMPLIANCE CONF 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $398.07 CCU -CODE COMPLIANCE CONF 288646 11/17/2023 NYBLOM, DAVID 11/2/2023 NYBLOM 2023 $180.24 SVVM-REIMB LODGING SVC LONG DISTANCE CHARGES $1,378.38 288390 10/31/2023 LEVEL 3 FINANCING INC, LEVI10/1/2023 660162387 $110.27 IT-10/23 PHONE SERVICES ACCT#5 288390 10/31/2023 LEVEL 3 FINANCING INC, LEVI10/1/2023 660162387 $634.05 IT-10/23 PHONE SERVICES ACCT#5 288390 10/31/2023 LEVEL 3 FINANCING INC, LEV110/1/2023 660162387 $634.06 IT-10/23 PHONE SERVICES ACCT#5 MACHINERY & EQUIPMENT $73,918.82 288493 10/31/2023 TURF STAR INC, 10/11/2023 8073362-00 $24,064.01 FLT-SAND PRO 3040 REPLACEMENT 288493 10/31/2023 TURF STAR INC, 10/11/2023 8073362-00 $2,430.47 Sales Tax 288440 10/31/2023 R & H TRUCK BODIES, 10/31/2023 1199 $7,387,61 FLT-AG23-228 HOOK TRUCK SAW SK 288399 10/31/2023 MIOVISION TECHNOLOGIES 119/29/2023 66606 $34,159,00 PWTR-PURCHASE OF FOUR MIOVISIO 288399 10/31/2023 MIOVISION TECHNOLOGIES 119/29/2023 66606 $3,450.06 Sales Tax 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $2,120.49 FLT-VACUUM SYSTEM 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $307.18 FWCC-POOL SLIDE/PUMP REPAIR 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $-249.39 F WCC-R ETU R N 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $249.39 FWCC-MACHINERY & EQUIP MAYOR'S RECONIT10N AND AWARD P $190.51 288333 10/31/2023 D J TROPHY, 10/16/2023 289463 $180.51 MO -KEY TO THE CITY PLAQUE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $10.00 MO-EMOPLYEE REWARD MEDICAL SERVICES $19,639.93 288381 10/31/2023 KING COUNTY FINANCE DIVI89/19/2023 2150386 $785.52 PD-AG23-123 DAJD OTH CITIES- 288380 10/31/2023 KING COUNTY FINANCE DIVI89/13/2023 3004437 $388.99 PD-AG23-123 DAJD OTH CITIES- 288451 10/31/2023 SCORE, 9/13/2023 7229 $300.00 PD-AG23-009 JAILS SVCS INMATE 288451 10/31/2023 SCORE, 9/13/2023 • 7230 $243.75 PD-AG23-009 JAIL SVCS INMATE H 288411 10/31/2023 NISQUALLY INDIAN TRIBE, 8/31/2023 37006 $272.79 PD-AG23-017 JAIL SVCS Key Bank Page 21 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288451 10/31/2023 SCORE, 8/11/2023 7142 $4,557.00 PD-AG23-009 JAIL SVCS INMATE H 288320 1W31/2023 CITY OFPUYALLUP, 10/4/2023 1391 $5,340.72 PD-09/23AG22-061 JAIL SVC INM 288451 10/31/2023 SCORE, 10/4/2023 7270 $262,50 PD-AG23-009 07/23 JAIL SVC INM 288451 10/31/2023 SCORE, 10/4/2023 7281 $3,241.72 PD-AG23-009 07/23 JAIL SVC INM 288645 11/17/2023 NISQUALLY INDIAN TRIBE, 7/31/2023 36932 $4,246.94 PD-AG23-017 JAIL SVCS MEDICAL SERVICES - CLAIMS $297,889.92 1020233458 10/20/2023 KAISER FOUNDATION HEALTF10/20/2023 INVSF0013458 $13,673.27 FI-10/10/23-10/16/23 KAISER HE 1020233468 10/20/2023 KAISER FOUNDATION HEALTF10/20/2023 INVSF0013468 $110,808.64 FI-10/10/23-10/16/23 KAISER HE 1027233496 10/27/2023 KAISER FOUNDATION HEALTF10/27/2023 INVSF0013496 $5.272.49 FI-10/17/23-10/23/23 KAISER HE 1027233506 10/27/2023 KAISER FOUNDATION HEALTF10127/2023 INVSF0013506 $6.162.94 FI-10/17/23-10/23/23 KAISER HE 1106233544 11/6/2023 KAISER FOUNDATION HEALTF11/6/2023 INVSF0013544 $69,138.55 FI-10/24/23-10/31/23 KAISER HE 11062323 11/6/2023 KAISER FOUNDATION HEALTF11/6/2023 INVSF0013526 $1,660.26 FI-10/24/23-10/31/23 KAISER HE 1109233582 11/9/2023 KAISER FOUNDATION HEALTFII/9/2023 INVSF0013582 $18,623.19 FI-KAISER HEALTH SVCS 1110233553 11/10/2023 KAISER FOUNDATION HEALTF11/10/2023 INVSF0013553 $1,541,70 FI-11/01/23-11/06/23 KAISER HE 1117233610 11/17/2023 KAISER FOUNDATION HEALTF11/17/2023 INVSF0013610 $4,637.16 FI-11/07/23-11/13/23 KAISER HE 1117233620 11/17/2023 KAISER FOUNDATION HEALTF11/17/2023 INVSF0013620 $66,371.72 FI-11/07/23-11/13/23 KAISER HE MENTAL HEALTH SERVICES $23,195.74 288451 10/31/2023 SCORE, 8/11/2023 7142 $18,481.00 PD-AG23-009 JAIL SVCS INMATE H 288380 10/31/2023 KING COUNTY FINANCE DIVIS9/13/2023 3004437 $4,714.74 PD-AG23-123 DAJD OTH CITIES — MILEAGE REIMBURSEMENT $143.84 288555 11/17/2023 CLEMONS, DAVID 11/4/2023 CLEMONS 2023 $90.00 DBC-MILEAGE 10/2-10/25/23 288621 11/17/2023 LIECK,ANNA 10/19/2023 LIECK2023 $53.84 CK-MILEAGE 10/19/23 2023 WAPRO MINOR DP SOFTWARE $3,893.95 288398 10/31/2023 MIDWESTERN SOFTWARE, SC10/18/2023 20105.M-4 $3,568.34 PWTR-DATA MNGMT SYSTEM ANNUAL 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $8.81 MO-MNTHLY SOFTWARE CHRG 288674 11/17/2023 SALANO, DAVID 11/2/2023 SALANO 2023 $158.40 MO-GRAMMARLY SOFTWARE 288674 11/17/2023 SALANO, DAVID 11/2/2023 SOLANO 2023 $158.40 MO -SOFTWARE MINOR EQUIP-MISC $44,329.33 Key Bank Page 22 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288444 10/31/2023 ROATA, NICU 10/16/2023 ROATA 2023 $200.00 PD-MINOR EQUIP 288383 10/31/2023 KOPIS, GARY 10/17/2023 KOPIS 2023 $200.00 PD-MINOR EQUIP 288407 10/31/2023 NADER, SARA 10/17/2023 NADER 2023 $200 00 PD-MINOR EQUIP 288337 10/31/2023 DELL MARKETING LP, 10/6/2023 10702884794 $1,615.81 DBC- EQUIPMENT FOR DBC MANAGER 288337 10/31/2023 DELL MARKETING LP, 10/6/2023 10702884794 $384 99 DBC- EQUIPMENT FOR DBC MANAGER 288337 10/31/2023 DELL MARKETING LP, 10/6/2023 10702884794 $258 74 DBC- EQUIPMENT FOR DBC MANAGER 288337 10/31/2023 DELL MARKETING LP, 10/6/2023 10702884794 $228.21 Sales Tax 288357 10/31/2023 GALVAO, THAYSON L 10/9/2023 GALVAO 2023 $200.00 PD-EQUIP ALLOW 288391 10/31/2023 LOGOS IMAGING LLC, 6/10/2023 25263 ' $3,075.35 PD-MINOR EQUIP 288337 10/31/2023 DELL MARKETING LP, 10/24/2023 10706677629 $9,762.67 IT-PD ADDITIONAL LAPTOPS FOR P 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $330.29 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $4,885.24 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $35.77 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $259.57 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $150.82 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/2512023 SEPT 2023 PD VISA $236.71 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10125/2023 SEPT 2023 PD VISA $544.00 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10125/2023 SEPT 2023 PD VISA $1,940.00 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $271.74 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $213.33 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $220.12 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $442.16 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $374.28 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $1,704.88 PD-MINOR EQUIP 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $66 04 PD-MINOR EQUIP 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $108.82 PKM-MINOR EQUIP Key Bank Page 23 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $244.97 PKM-MINOR EQUIP 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $47.30 PKM-MINOR EQUIP 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $55.04 FI-SMALL APPARATUS 1025239491 11/5/2023 US BANK, 10/2512023 SEPT 2023 PRO VISA $7.66 SWM-MINOR EQUIP 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $2.75 SWM-MINOR EQUIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $135.73 EOC-MINOR EQUIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $363.32 PARKS -MINOR EQUIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $25.31 FWCC-MINOR EQUIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $95.67 FWCC-MINOR EQUIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $66.05 FWCC-MINOR EQUIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $52.82 FWCC-MINOR EQUIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $181 67 PARKS -MINOR EQUIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $-50.63 FWCC-MINOR EQUIP 288535 11/17/2023 ARG INDUSTRIAL, 11/1/2023 T060176 $280.23 FLT-REPAIR PARTS 288721 11/17/2023 WARRICK, SHAWN 11/7/2023 WARRICK 2023 $58.13 PD-REIMB 2023 CLOTHING ALLOW 288677 11/17/2023 SEDERBERG, ANDREW 11/7/2023 SEDERBERG 2023 $200.00 PD-REIMB EQUIPALLOW 288721 11/17/2023 WARRICK, SHAWN 10/30/2023 WARRICK 2023 $330.97 PD-C LOTH I N G ALLOW 288693 11/17/2023 STARCHASE LLC, 4/6/2023 20132524 $3,853.50 PD-VML COMPLETE SYSTEM 1 288526 11/17/2023 AARDVARK, 9/21/2023 PIN16957 $3,925.07 PD-PROJECT 7/SEV2/COMPLETE PLA 288585 11/17/2023 G.W., INC, 10/9/2023 1233951 $2,142.50 PD-GLOCK GEN-5 G17 AMERIGLO BO 288585 11/17/2023 G.W., INC, 10/9/2023 1233951 $40.00 Freight 288585 11/17/2023 G.W., INC, 10/9/2023 1233951 $216.39 10,10 TAX 288585 11/17/2023 G.W., INC, 10/9/2023 1233951 $4.04 Sales Tax 288569 11/17/2023 DOOLEY ENTERPRISES INC, 10/9/2023 66538 $4,141.30 PD-AMMUNITION MISC PROFESSIONAL SVS-INTERGOV $6,398.99 288380 10/31/2023 KING COUNTY FINANCE DIVI89/30/2023 11013976 $109.12 IT-AG20-063 KING COUNTY I -NET Key Bank Page 24 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288380 10/31/2023 KING COUNTY FINANCE DIVI89/30/2023 11013976 $627.44 IT-AG20-063 KING COUNTY I -NET 288504 10/31/2023 WA STATE AUDITOR'S OFFICEI0/10/2023 L157069 $3.971.10 FI-STATE AUDITOR SERVICES 288505 10/31/2023 WA STATE DEPT OF TRANSPO0/16/2023 RE 41 JZ0247 L053 $1,571.33 PW-PROJECT JZ0247 FEES 288618 11/17/2023 LIANG, DAVID 11/17/2023 LIANG 2023 $15.00 HR-3Q 2023 FWCC VIST 288658 11/17/2023 PELLEY, KEVIN 11/1/2023 PELLEY2023 $15.00 HR-3Q 2023 FWCC VISIT 288633 11/17/2023 MOSER, CURTIS 11/1/2023 MOSER 2023 $15.00 HR-3Q 2023 FWCC VISIT 288637 11/17/2023 MULLET, BRYAN 11/1/2023 MULLET 2023 $15.00 HR-3Q 2023 FWCC VISIT 288532 11/17/2023 ALLEN, LYNETTE 11/1/2023 ALLEN 2023 $15.00 HR-3Q 2023 FWCC VISIT 288556 11/17/2023 COLLINS, CLINTON "TONY" 11/1/2023 COLLINS 2023 $15 00 HR-3Q 2023 FWCC VISIT 288590 11/17/2023 GREGORY, KRISTEN 11/1/2023 GREGORY 2023 $15 00 HR-3Q 2023 FWCC VISIT 288724 11/17/2023 WEATHERFORD, TARYN 11/1/2023 WEATHERFORD 2023 $15.00 HR-3Q 2023 FWCC VISIT MISC SERVICES & CHARGES $211,896.34 288437 10/31/2023 PUBLIC SAFETY TESTING, 10/19/2023 2023-1194 $440.00 PD-AG23-007 PUBLIC SAFETY TEST 288406 10/31/2023 MV TOWING LLC, 10/11/2023 30985 $77.07 PD-VEHICLE TOW 288406 10/31/2023 MV TOWING LLC, 10/9/2023 8086 $77 07 PD-VEHICLE TOW 288406 10/31/2023 MV TOWING LLC, 10/9/2023 8397 $77.07 PD-VEHICLE TOW 288406 10/31/2023 MV TOWING LLC, 10/9/2023 30156 $77.07 PD-VEHICLE TOW 288437 10/31/2023 PUBLIC SAFETY TESTING, 10/5/2023 PSTAC23-64 $14,001.18 PD-AG23-007 PUBLIC SAFETY TEST 288324 10/31/2023 COMMISSION ON ACCREDITA'10/6/2023 INV41760 $4,595.00 PD-ANNUAL CONTINUATION FEE 288331 10/31/2023 COZEN O'CONNOR, 10/5/2023 25157242 $2,545.00 MO -PATENT & TRADEMARK SVCS 288406 10/31/2023 MV TOWING LLC, 10/5/2023 30106 $77.07 PD-VEHICLE TOW 288406 10/31/2023 MV TOWING LLC, 10/5/2023 30154 $77.07 PD-VEHICLE TOW 288406 10/31/2023 MV TOWING LLC,. 10/5/2023 30969 $77 07 PD-VEHICLE TOW 288406 10/31/2023 MV TOWING LLC, 10/5/2023 30973 $77.07 PD-VEHICLE TOW 288429 10/31/2023 PETEK&ASSOCIATES, REIGNI0/4/2023 2024 $1,540.00 PD-PSYCH EVAL-SEPT 2023 288350 10/31/2023 FEDERAL WAY INDOOR RANG10/4/2023 284378 $303.88 PD-INDIVIDUAL RANGE USE Key Bank Page 25 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288406 10/31/2023 MV TOWING LLC, 10/17/2023 8089 $77.07 PD-VEHICLE TOW 288406 10/31/2023 MV TOWING LLC, 10/13/2023 30052 $77.07 PD-VEHICLE TOW 288437 10/31/2023 PUBLIC SAFETY TESTING, 10/12/2023 2023-1020 $2,128 00 PD-AG23-007 PUBLIC SAFETY TEST 288463 10/31/2023 SOUND PUBLISHING INC, 9/30/2023 8116449 $642.00 MO -AD ACCT#83733388 288426 10/31/2023 PEER WASHINGTON, PEER W9/30/2023 25-DES-2023.09 $4,000.00 MC-AG22-025 PEER RECOVERY SERV 288406 10/31/2023 MV TOWING LLC, 9/19/2023 30954 $77.07 PD-VEHICLE TOW 288412 10/31/2023 NORTHWEST CUSTOMAPPAf-&/7/2023 127774 $593.44 PD-UNIFORM CLOTHING 288346 10/31/2023 EQUIFAX CREDIT INFORMATI(10/23/2023 2057662450 $45.14 PD-CREDIT REPORTING SVCS 288501 10/31/2023 VERIZON WIRELESS, 10/13/2023 9946834499 $720.36 PD-9/23 CELLULAR SVC ACCT# 288406 10/31/2023 MV TOWING LLC, 10/18/2023 30988 $77.07 PD-VEHICLE TOW 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $165.15 PD-SERVICE ON CAMERATRAILERS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $1,230.37 PD-MONTHLY FEES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $0.99 PD-APPLE STORAGE 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $209.19 PD-MONTHLY BILLING 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $1,899 75 PD-PRE EMPLOYMENT SCREENING 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $163.12 PD-K-9 FOOD 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $140 00 PD-RENEWAL TRACKING SOFTWARE 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $2,050 00 PD-PHONE UNLOCK 1025239491 11/5/2023 US BANK, 10125/2023 SEPT 2023 PRO VISA $450.00 SWR-JOB POSTING 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $98.12 FWCC-BANNERS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $483.55 FWCC-SPLACH CAFA%n DECAL 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $83 58 FWCC-PHOTO FRAME 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $295.07 FWCC-BANNER 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $42 49 LAW-SU BC R. 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $80 00 FWCC-PROMOTION 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $61.64 FWCC-SPECIALTY STAMPS Key Bank Page 26 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $16.49 LAW -CERTIFIED COPIES 102523475911/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $2,160.00 PARKS-SNR TRIP TICKETS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $577 30 PARKS-SNR TRIP NW CITY PASS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $1,000.00 PARKS-SNR TRIP TICKETS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $136.80 FWCC-FERRY TOLLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $797.80 PARKS -CONFERENCE FLIGHT 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $3,000.00 PARKS -LODGING 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $760.00 FI-GFOA AC FR AWARD 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $105.00 PARKS -ADMISSION FEES 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $500.43 PAR KS -PI CKLE BALL NETS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $118.80 PARKS -PARKING 1025234759 11/7/2023 - US BANK, 10/25/2023 SEPT 2023 CITY VISA $79 70 PARKS -PARKING 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $187.16 PARKS -COFFEE MAKER 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $90.78 PARKS -COFFEE CUPS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $582.66 PARKS -GONDOLA FEE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $695.04 PARKS-SNR TRIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $3,090.45 MO -EDUCATION MATERIALS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $69.60 MO -EDUCATION MATERIALS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $154 14 EOC-COFFEE SUPPLIES 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $52.97 MO -LITERACY CLASS 1025234759 11/7/2023 US BANK, 10/2512023 SEPT 2023 CITY VISA $695.04 PARKS-SNR TRIP 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $82.58 CD-BACKGRND CHECK 288521 11/15/2023 MULTI -SERVICE CENTER, 11/9/2023 1192023 $19,500.00 MO -MSC FOOD BANK 2023 288522 11/15/2023 FEDERAL WAY SENIOR CENTI11/13/2023 11132023 $19,500.00 MO -HOLIDAY FUNDING 2023 288691 11/17/2023 SPRAGUE PEST CONTROL, 7/18/2023 5167725 $78.72 PKM-FACILITIES PEST CONTROL 288640 11/17/2023 MV TOWING LLC, 9/20/2023 8079 $77.07 PD-VEHICLE TOW Key Bank Page 27 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288660 11/17/2023 PIERCE COUNTY FINANCE DE9/12/2023 CI-339469 $14,291 32 FI-08/23 WATPA GRANT REIMB 288550 11/17/2023 CITY OF BONNEY LAKE, 9/6/2023 8312023 $14.629.99 FI-08/23 WATPA GRANT AUTO THIEF 288553 11/17/2023 CITY OF PUYALLUP, 9/7/2023 1351 $15,951.85 PD-WATPAAUTO THEFT AUG 2023 288640 11/17/2023 MV TOWING LLC, 9/7/2023 29985 $77.07 PD-VEHICLE TOW 288552 11/17/2023 CITY OF LAKEWOOD, 9/5/2023 PD-02066 $17,310.61 FI-08/23 WATPA GRANT REIMB 288554 11/17/2023 CITY OF TACOMA POLICE DEF9/6/2023 0072 $17,502.47 FI-08/23 WATPA GRANT REIMB 288640 11/17/2023 MV TOWING LLC, 8/22/2023 8064 $77.07 PD-VEHICLE TOW 288640 11/17/2023 MV TOWING LLC, 8/24/2023 29979 $77.07 PD-VEHICLE TOW 288640 11/17/2023 MV TOWING LLC, 8/24/2023 29980 $77.07 PD-VEHICLE TOW 288640 11/17/2023 MV TOWING LLC, 8/30/2023 29950 $77.07 PD-VEHICLE TOW 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $743.75 IT- MC COMMUNITY COURT PORTAB 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $1,777.65 IT- MC COMMUNITY COURT PORTAB 288695 11/17/2023 TERMINIX, 10/10/2023 439009823 $259.18 PKM-PEST CONTROL 288640 11/17/2023 MV TOWING LLC, 10/9/2023 30983 $132.12 PD-VEHICLE TOW 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $386.69 Sales Tax 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $365.00 Freight 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $680.00 IT- MC COMMUNITY COURT PORTAB 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $200.00 IT- MC COMMUNITY COURT PORTAB 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $62.20 IT- MC COMMUNITY COURT PORTAB 288640 11/17/2023 MV TOWING LLC, 10/31/2023 30351 $77.07 PD-VEHICLE TOW 288723 11/17/2023 WASHINGTON POLYGRAPH, 10/27/2023 23054 $1,200.00 PD-POLYGRAPH EXAMINATION 288640 11/17/2023 MV TOWING LLC, 10/30/2023 30167 $77.07 PD-VEHICLE TOW 288615 11/17/2023 LEGEND DATA SYSTEMS INC..10/30/2023 138422 $632.52 PD-OPER SUPPLIES 288691 11/17/2023 SPRAGUE PEST CONTROL, 10/31/2023 5279556 $1.18 PKM-FACILITIES PEST CONTROL 288699 11/17/2023 THUILLIER, JENNIFER 10/31/2023 202376 $601.00 SWR-GRAPHIC DESIGN SERVICES FO 288640 11/17/2023 MV TOWING LLC, 10/27/2023 30290 $77.07 PD-VEHICLE TOW Key Bank Page 28 of 70 Check•No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288640 11/17/2023 MV TOWING LLC, 10/26/2023 8095 $77.07 PD-VEHICLE TOW 288640 11/17/2023 MV TOWING LLC, 10/23/2023 8093 $77 07 PD-VEHICLE TOW 288640 11/17/2023 MV TOWING LLC, 10/23/2023 30993 $77.07 PD-VEHICLE TOW 288640 11/17/2023 MV TOWING LLC, 10/20/2023 30271 $77.07 PD-VEHICLE TOW 288657 11/17/2023 PEER WASHINGTON, PEER W11/2/2023 25-DES-2023.10 $4,000.00 MC-AG22-025 PEER RECOVERY SERV 288657 11/17/2023 PEER WASHINGTON, PEER W11/2/2023 25-FED-2023.10 $6,060.61 MC-AG22-025 PEER RECOVERY SERV 288640 11/17/2023 MV TOWING LLC, 11/2/2023 30353 $132 12 PD-VEHICLE TOW 288661 11/17/2023 PIERCE COUNTY SECURITY 1111/2/2023 427199 $8,970 27 MC-AG21-165 SECURITY SERVICES- 288640 11/17/2023 MV TOWING LLC, 11/2/2023 8098 $77.07 PD-VEHICLE TOW 288701 11/17/2023 T-MOBILE USA INC, 11/2/2023 9550070729 $25.00 PD-TIMING ADVANCE 288714 11/17/2023 WA DEPT OF LABOR & INDUS-11/4/2023 44487 $125.00 PD-EXPLOSIVES LIC EXP000021463 288579 11/17/2023 FEDERAL WAY INDOOR RANG11/1/2023 284379 $145.33 PD-INDIVIDUAL RANGE USE 288718 11/17/2023 WA STATE PATROL, 11/1/2023 12402513 $102.75 PD-BACKGROUND CHECKS 288640 11/17/2023 MV TOWING LLC, 11/1/2023 8097 $132.12 PD-VEHICLE TOW 288573 11/17/2023 ELAVON INC, 10/31/2023 K3304100691 $8.146.87 FI-OCT CITY HALL MERCHANT FEES 288573 11/17/2023 ELAVON INC, 10/31/2023 K3304100692 $180.07 FI-OCT FWCC MERCHANT FEES 288573 11/17/2023 ELAVON INC, 10/31/2023 K3304100693 $1,176.04 FI-OCT DBC MERCHANT FEES 288573 11/17/2023 ELAVON INC, 10/31/2023 K3304100694 $20921 FI.00T MC MERCHANT FEES 288573 11/17/2023 ELAVON INC, 10/31/2023 K3304100831 $90 80 FI-OCT PROBATION OFFICE MERCHA 288640 11/17/2023 MV TOWING LLC, 10/26/2023 30165 $77 07 PD-VEHICLE TOW 288640 11/17/2023 MV TOWING LLC, 10/26/2023 30996 $77 07 PD-VEHICLE TOW 288615 11/17/2023 LEGEND DATA SYSTEMS INC.10/25/2023 138391 $178 91 PD-OPER SUPPLIES 288640 11/17/2023 MV TOWING LLC, 10/25/2023 29738 $220 20 PD-VEHICLE TOW 288640 11/17/2023 MV TOWING LLC, 10/25/2023 30994 $77.07 PD-VEHICLE TOW MY BLDG PRMT ONBRD FEE $25.00 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $25.00 IT -ONLINE PERMITTING NON GOVT DP SERVICES $236,638.67 Key Bank Page 29 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288359 10/31/2023 GLOBAL DATA VAULT, LLC, 10/20/2023 9251318 $6,590.00 IT-IAG23-061 BACKUP & DISASTER 288442 10/31/2023 RIGHT SYSTEMS INC, 9/7/2023 SI-182966 $1,364.88 IT - BARRACUDA EXTENSION FOR 3 288442 10/31/2023 RIGHT SYSTEMS INC, 9/7/2023 SI-182966 $1,706.10 IT - BARRACUDA EXTENSION FOR 3 288442 10/31/2023 RIGHT SYSTEMS INC, 9/7/2023 SI-182966 $341.22 IT- BARRACUDA EXTENSION FOR 3 288442 10/31/2023 RIGHT SYSTEMS INC, 9/7/2023 SI-182966 $137.85 Sales Tax 288442 10/31/2023 RIGHT SYSTEMS INC, 9/7/2023 SI-182966 $172 32 Sales Tax 288442 10/31/2023 RIGHT SYSTEMS INC, 9/7/2023 SI-182966 $34.46 Sales Tax 288380 10/31/2023 KING COUNTY FINANCE DIVI89/30/2023 11013976 $627 44 IT-AG20-063 KING COUNTY I -NET 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $1,000.00 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $12.000.00 IT - LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $1,000 00 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $2,000 00 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $11,000 00 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $3,200 00 - IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $39000 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $100.00 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $9.000 00 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $1,200 00 IT - LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $750.00 - IT - LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $2,850 00 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $400.00 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $1,500.00 IT- LASEFISCHE ANNUAL RENEWAL 288317 10/31/2023 CITIES DIGITAL INC, 8/22/2023 58012 $4,685 39 Sales Tax 288356 10/31/2023 FUSE DATA CENTER SVC LLC8/3012023 2410 $2,213.75 IT-CH-PD: UPS SERVICE RENEWAL- 288356 10/31/2023 FUSE DATA CENTER SVC LLC8/30/2023 2410 $2,213.75 IT-CH-PD: UPS SERVICE RENEWAL- 288356 10/31/2023 FUSE DATA CENTER SVC LLC8/30/2023 2410 $223.59 Sales Tax Key Bank Page 30 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288356 10/31/2023 FUSE DATA CENTER SVC LLC8/30/2023 2410 $223.59 Sales Tax 288338 10/31/2023 DMX LLC DBA MOOD MEDIA, 11/1/2023 57844282 $56.21 IT-11/23 MEDIA SERVICES 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $51.02 IT-FEDWAY.ORG RENEWAL 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $11.56 IT -CLOUD RECORDING 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $1,560 00 IT -RECORDS ARCHIVING 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $21.97 IT-SENDGRID MNTHLY 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $48.82 IT-.COM RENEWAL 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $159.65 IT-MNTHLY RENEWAL 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $2,264.50 IT- MIMECASTANNUAL RENEWAL- 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $2,264.50 IT- MIMECASTANNUAL RENEWAL- 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $3,029.25 IT- MIMECASTANNUAL RENEWAL- 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $3,029.25 IT- MIMECASTANNUAL RENEWAL- 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $1,681.75 IT- MIMECASTANNUAL RENEWAL- 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $1,681 75 IT- MIMECASTANNUAL RENEWAL- 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $1.061.10 Sales Tax 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $1,061.10 Sales Tax 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $1,764.70 IT- MIMECASTANNUAL RENEWAL- 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $1,764.71 IT- MIMECASTANNUAL RENEWAL- 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $1,765.75 IT - MIMECASTANNUAL RENEWAL- 288732 11/17/2023 ZONES INC, 10/23/2023 K21541550101 $1,765.75 IT- MIMECASTANNUAL RENEWAL- 288702 11/17/2023 TOPCON SOLUTIONS INC, TO10/25/2023 INV257189 $2,834.00 IT-CD/PW BLUEBEAM RENEWAL- 288702 11/17/2023 TOPCON SOLUTIONS INC, TO10/25/2023 INV257189 $4,152.70 IT-CD/PW BLUEBEAM RENEWAL- 288702 11/17/2023 TOPCON SOLUTIONS INC, TO10/25/2023 INV257189 $705.66 Sales Tax 288600 11/17/2023 INSIGHT PUBLIC SECTOR INC10/18/2023 1101104250 $45,341.26 IT-PD MICROSOFT 365 SUBSCRIPT 288600 11/17/2023 INSIGHT PUBLIC SECTOR INC10118/2023 1101104250 $11,335.29 IT-PD MICROSOFT 365 SUBSCRIPT 288600 11/17/2023 INSIGHT PUBLIC SECTOR INC10/18/2023 1101104250 $56.676.61 IT-PD MICROSOFT 365 SUBSCRIPT Key Bank Page 31 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288683 11/17/2023 SMARSH INC, 10/31/2023 INV-132965 $393.12 IT-AG16-055 10/23 NETGUARD TEX 288654 11/17/2023 PANTHEON SYSTEMS INC, 10/29/2023 INV00404348 $4,950.00 IT- WEB HOSTING ANNUAL SUBSCR 288654 11/17/2023 PANTHEON SYSTEMS INC, 10/29/2023 INV00404348 $499.95 Sales Tax 288733 11/17/2023 ZOOM VIDEO COMMUNICATIC10/27/2023 INV224905969 $8,606 00 IT -ZOOM ONE BUSINESS ANNUAL 288617 11/17/2023 LEXISNEXIS, 10/31/2023 3094752812 $434.90 IT-10/23 SUBSCRIPTION CONTENT 288564 11/17/2023 CULTURE FOUNDRY LLC, 10/16/2023 21220155269 $8,741.50 IT-AG23-211 WEB CONTENT STRATE OFFICE FURNITURE/EQUIPMENT $43,303.65 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $10,980.00 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $581.36 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $10,980.00 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $54670 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $819.50 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $2,048.73 IT - RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $581 35 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $1,639.00 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $2,048.76 IT- RR OF COPIERS FOR POLICE, 288561' 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $546.70 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $7,568.00 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $991.10 IT- RR OF COPIERS FOR POLICE, 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2730205 $3,972.45 Sales Tax OFFICE SUPPLIES $6,720.06 288325 10/31/2023 COMPLETE OFFICE, 9/19/2023 2238926-0 $24.44 PW/PWTR/PWST/DBC/SWR-OFFICE SU 288325 10/31/2023 COMPLETE OFFICE, 9/19/2023 2238926-0 $32.59 PW/PWTR/PWST/DBC/SWR-OFFICE SU 288325 10/31/2023 COMPLETE OFFICE, 9/19/2023 2238926-0 $24.44 PW/PWTR/PWST/DBC/SWR-OFFICE SU 288325 10/31/2023 COMPLETE OFFICE, 9/19/2023 2238926-0 $32.59 PW/PWTR/PWST/DBC/SWR-OFFICE SU 288325 10/31/2023 COMPLETE OFFICE, 9/19/2023 2238926-0 $16,32 PW/PWTR/PWST/DBC/SWR-OFFICE SU 288325 10/31/2023 COMPLETE OFFICE, 9/19/2023 2238926-0 $32.59 PW/PWTR/PWST/DBC/SWR-OFFICE SU Key Bank Page 32 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288325 10/31/2023 COMPLETE OFFICE, 10/13/2023 2243798-0 $318.04 MC -OFFICE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 10/3/2023 2241512-0 $58.06 PWST-OFFICE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 10/3/2023 2241512-0 $38 00 PWST-OFFICE SUPPLIES 288325 10/31/2023 COMPLETE OFFICE, 10/5/2023 2242470-0 $77 62 PWST-OFFICE SUPPLIES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $66.73 PD-OFFICE SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $35 96 PD-OFFICE SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $109.20 PD-OFFICE SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $181.40 PD-OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $102.16 PW-OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $101.89 SWM-OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $49.52 PW-OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $17 59 PWST-OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $32.86 PWST-OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $29 71 PWST-OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $101.89 PWST-OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $110 10 IT -OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $57 22 HR-OFFICE SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $72 61 CD -OFFICE SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $29.37 CD -OFFICE SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $38 52 CD -OFFICE SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $39.40 FWCC-OFFICE SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $42.31 FWCC-OFFICE SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $477.79 FWCC-OFFICE SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $231 14 PARKS -OFFICE SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $5 50 PARKS -OFFICE SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $24.74 PARKS -OFFICE SUPPLS Key Bank Page 33 of 70 Check No. Date Vendor Invoice Date Invoice Desc' Lion AmountGL Total 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $105,68 PARKS -OFFICE SUPPLS 1025234759 11l7/2023 US BANK, 10/2512023 SEPT 2023 CITY VISA $27.17 PARKS -OFFICE SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $105 17 EOC-OFFICE SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $162.94 PARKS -OFFICE SUPPLS 288557 11/17/2023 COMPLETE OFFICE, 1116/2023 2249107-0 $99 55 PKM-OFFICE SUPPLIES 288558 11/17/2023 COMPLETE OFFICE, 11/2/2023 2248362-0 $24.46 MO -OFFICE SUPPLIES 288692 11/17/2023 STAPLES BUSINESS ADVANTPO/31/2023 3551509645 $25T30 PD-OFFICE SUPPLIES 288692 11/17/2023 STAPLES BUSINESS ADVANTFI0/31/2023 3551509649 $83.54 PD-OFFICE SUPPLIES 288692 11/17/2023 STAPLES BUSINESS ADVANTAO/31/2023 3551509652 $120.24 PD-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/30/2023 2247360-0 $187.27 LAW -OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/20/2023 2245602-0 $18.83 PWST-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/20/2023 2245602-0 $106.71 PWST-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/20/2023 2245606-0 $1.90 PWST-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/20/2023 2245606-0 $33.71 PWST-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 10/23/2023 2246021-0 $85.72 LAW -OFFICE SUPPLIES 288647 11/17/2023 ODP BUSINESS SOLUTIONS 1_10/912023 334346328001 $135.16 PD-OFFICE SUPPLIES 288647 11/17/2023 ODP BUSINESS SOLUTIONS 1_10/11/2023 336350923001 $12.55 PD-OFFICE SUPPLIES 288647 11/17/2023 ODP BUSINESS SOLUTIONS L10/12/2023 336350664001 $19.14 PD-OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 8/4/2023 2229579-0 $48 55 LAW -OFFICE SUPPLIES 288597 11/17/2023 HOME DEPOT-DEPT 32-250076/31/2023 9030609 $28.25 PW-REPAIR & MAINT SUPPLIE 288557 11/17/2023 COMPLETE OFFICE, 9/29/2023 2236583-0 $291 77 CD -OFFICE SUPPLIES 288597 11/17/2023 HOME DEPOT-DEPT 32-250079/28/2023 1033031 $15.37 PW-REPAIR & MAINT SUPPLIE 288557 11/17/2023 COMPLETE OFFICE, 7/18/2023 2225729-0 $275 25 CD -OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 7/18/2023 2225730-0 $286.21 CD -OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 5/12/2023 2212077-0 $352.32 CD -OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 8/10/2023 2229700-0 $451.41 PWTR-OFFICE SUPPLIES Key Bank Page 34 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288557 11/17/2023 COMPLETE OFFICE, 8/15/2023 2231942-0 $33.97 LAW -OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 6/14/2023 2219146-0 $286.21 CD -OFFICE SUPPLIES 288557 11/17/2023 COMPLETE OFFICE, 6/20/2023 2212481-0 $451.41 PWTR-OFFICE SUPPLIES OPERATING RENTALSILEASES $22,866.21 288483 10/31/2023 THE HUMANE SOCIETY FOR, 9/30/2023 PS-INV103113 $28.10 PD-AG21-033 ANIMAL SHELTER PSA 288483 10/31/2023 THE HUMANE SOCIETY FOR, 10/212023 PS-INV103111 $6,333 33 P D-AG21-033 ANIMAL SHELTER PSA 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $87.47 CK-SHRED SVCS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $9 21 CK-SHRED SVCS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $36.84 CK-SHRED SVCS 1625239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $4-60 CK-SHRED SVCS 288696 11/17/2023 THE HUMANE SOCIETY FOR, 8/1/2023 PS-INV103091 $6.333.33 PD-AG21-033 ANIMAL SHELTER PSA 288696 11/17/2023 THE HUMANE SOCIETY FOR, 11/1/2023 PS-INV103121 $6,333.33 PD-AG21-033 ANIMAL SHELTER PSA 288537 11/17/2023 BALLI ROAD LLC, 11/1/2023 4073 $3.700.00 PD-AG23-027 SUBSTATION LEASE — OTHER MISC REVENUE $6,079.76 1025233485 10/25/2023 WA STATE REVENUE DEPART10/25/2023 601-223-538 $514.79 FI-09/23 REMIT SALES TAX 1025233485 10/25/2023 WA STATE REVENUE DEPART10/25/2023 - 601-223-538 $5,504.92 FI-09/23 REMIT SALES TAX 1025233485 10/25/2023 WA STATE REVENUE DEPART10/25/2023 601-223-538 $60.05 FI-09/23 REMIT SALES TAX OTHER MISCELLANEOUS REVENUE $6,407.88 1025233485 10/25/2023 WA STATE REVENUE DEPART10/25/2023 601-223-538 $6,407.88' FI-09/23 REMIT SALES TAX OTHER OPERATING SUPPLIES $34,656.99 288495 10/31/2023 ULINE, 9/29/2023 169094328 $653.29 PD-EVIDENCE SUPPLIES 288305 10/31/2023 BOYLE, SHARON 7/27/2023 BOYLE 2023 $632.09 PARKS-OPER SUPPLS/FOOD 288371 10/31/2023 HOME DEPOT-DEPT32-25007110/12/2023 7212895 $115.54 PWST-OFFICE SUPPLIES 288360 10/31/2023 GLOBAL INDUSTRIAL EQUIPM10/12/2023 121093789 $1,024.21 SWR-OPER SUPPLS 288490 10/31/2023 TRINITY ACE HARDWARE, 10/12/2023 322430 $108-97 PWST-SUPPLIES 288358. 10/31/2023 GCP WW HOLDCO LLC, WORH0/16/2023 INV2040003932 $218.65 FLT-UNIFORM SUPPLIES 288363 10/31/2023 GRAINGER INC, 10/10/2023 9866369979 $292.76 FLT-MAINT SUPPLIES 288497 10/31/2023 US FOODS INC, 10/10/2023 5056937 $1-46 DBC-CATERING SUPPLIES Key Bank Page 35 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288371 10/31/2023 HOME DEPOT-DEPT 32-250070/15/2023 4527988 $12-34 IT -REPAIR & MAINT SUPPLIES 288518 10/31/2023 XTREME GRAPHIX INC, 10/10/2023 23-1628 $328.50 PKM-AG23-165 PARKS SIGNAGE- 288353 10/31/2023 FLOYD EQUIPMENT COMPAN'10/19/2023 470902 $110.10 FLT-REPAIR/MAINT SUPPLIES 288294 10/31/2023 AGRISHOP INC, 10/18/2023 70685/1 $46.21 PWST-EQUIPMENT PARTS & REPAIRS 288333 10/31/2023 D J TROPHY, 10/16/2023 289464 $18.17 MO -BADGE 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $60.54 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $4,507.49 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $142 57 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $828.00 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $215.28 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $35.20 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $23.11 PD-OPERS SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $354,64 PD-OPERS SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $29-66 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $121.08 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $121.08 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $341.29 PD-OPERS SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $92.29 PD-OPER SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $143.36 PD-OPERS SUPPLS 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $26.41 PD-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $49.50 FWCC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $282.12 FWCC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $186.51 FWCC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $-605.44 FWCC-REFUND 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $15.39 FWCC-CLEANING SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $62.45 FWCC-OFFICE SUPPLS Key Bank Page 36 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $170 92 CK-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10125/2023 SEPT 2023 PRO VISA $40.00 CK-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $1,656.00 DBC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $113.35 PWST-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $29.23 DBC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $55.05 DBC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $55.04 PWST-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $220.16 PWST-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $10.31 PWST-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $324.35 PWST-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $235.50 PWST-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $43.26 CC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $-325,13 CC -REFUND 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $228.72 SWM-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $695.31 SWM-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $19.31 CC-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $49.77 FLT-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $75 33 FLT-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $99.08 PD-OFFICE SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $112.29 CHB-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $55.03 CHB-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $10.00 HR-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $40.00 HR-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $40.00 HR-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $106.05 HR-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $125.49 FWCC-CLEANING SUPPLS Key Bank Page 37 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $38.20 FWCC-CLEANING SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $44.13 SWM-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $768 50 FLT-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $1,761.58 FLT-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $876 39 FLT-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $856.58 FLT-OPER SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $-350 11 FLT-REFUND 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $84.72 FWCC-CLEANING SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $51.55 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $39.50 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $51.74 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $94.96 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $75.91 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $228 54 PARKS-OPER SUPPLS 1025234759 W712023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $1,003.10 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2623 SEPT 2023 CITY VISA $15.00 PARKS-OPER SUPPLS 1025234759 11f712023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $51.74 PARKS-OPER SUPPLS 1025234759 11f712023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $76.08 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $21 61 PARKS-OPER SUPPLS 1025234759 11f712023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $259.61 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $618 35 PARKS-OPER SUPPLS 1025234759 11f712023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $176.15 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $47.39 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $66.37 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $223.50 PARKS-OPER SUPPLS 1025234759 11f7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $12.54 PARKS-OPER SUPPLS Key Bank Page 38 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $90.38 PARKS-OPER SUPPLS 102523475911/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $65.64 PARKS-OPER SUPPLS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $281.25 PARKS-OPER SUPPLS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $242.61 PARKS-OPER SUPPLS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $105.56 EOC-OPER SUPPLS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $178.83 PARKS-OPER SUPPLS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $2.20 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $7.93 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $16.50 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $11.00 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $46 66 PARKS-OPER SUPPLS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $126.87 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $16.50 PARKS-OPER SUPPLS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $35.14 PARKS-OPER SUPPLS 1025234759 W7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $25.73 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $84.18 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $12.10 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $681.18 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $104.58 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $123.83 CD-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $207.07 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $71.48 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $497 36 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $110 08 PARKS-OPER SUPPLS 1025234759 11I712023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $26.82 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $56.11 PARKS-OPER SUPPLS Key Bank Page 39 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $47.30 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $38.54 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $-16.90 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $-13.49 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $-11.55 PARKS -REFUND 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $188.86 PARKS-OPER SUPPLS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $29.19 PARKS-OPER SUPPLS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $88.07 EOC-WORK GLOVES 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $2.38 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $236.60 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $26.89 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $22.01 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $1,238.90 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $348.00 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $188.86 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $50 63 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $950.00 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $366.27 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $247.50 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $41.95 CD-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $29 38 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $510.00 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $139.29 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $99 47 FWCC-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $39.57 FWCC-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $22 01 FWCC-OPER SUPPLS Key Bank Page 40 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $31.92 FWCC-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $17.36 FWCC-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $17.59 FWCC-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/2512023 SEPT 2023 CITY VISA $87.57 PARK-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $9.90 PARK-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $221 13 PARK-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $118 48 PARK-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $18.66 PARK-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $439.05 PARK-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $115.44 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $35.60 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $244.20 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $4.32 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $31.80 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $15A0 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $31.51 PARKS-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $30.68 MO-OPER SUPPLS 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $291.85 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $89.80 PARKS-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $5.26 MO-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $48 19 MO-OPER SUPPLS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $77.06 MO-OPER SUPPLS 288629 11/17/2023 MONTGOMERY, SARA 10/25/2023 MONTGOVERY 2023 $192 36 PARKS -ART SUPPLIES 288597 11/17/2023 HOME DEPOT-DEPT 32-25007110/24/2023 5523719, $19.25 CHB-REPAIR/MAINTENANCE SUPPLIE 288642 11/17/2023 NAPAAUTO PARTS, 11/2/2023 134834 $19.20 FLT-REPAIR & MAINT SUPPLIES 288680 11/17/2023 SHERWIN-WILLIAMS CO, 9/27/2023 3539-6 $53.53 CD -FACILITIES PAINT SUPPLIES Key Bank Page 41 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288588 11/17/2023 GLOBAL INDUSTRIAL EQUIPM10/11/2023 121090454 $204.84 SWR-OPER SUPPLS 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $1,262.20 IT - MC COMMUNITY COURT PORTAB 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $71.95 IT - MC COMMUNITY COURT PORTAB 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $145.34 Sales Tax 288632 11/17/2023 MORGAN SOUND, INC, 10/9/2023 MS1115274 $104.88 IT- MC COMMUNITY COURT PORTAB 288663 11/17/2023 PLATT ELECTRIC SUPPLY, 10/20/2023 4N15671 $62.05 DBC-ELECTRICAL SUPPLIES 288705 11/17/2023 TRINITY ACE HARDWARE, 10/27/2023 324356 $24 20 PD-VEHICLE TOW 288705 11/17/2023 TRINITY ACE HARDWARE, 10/27/2023 324358 $28.60 PWST-SUPPLIES 288692 11/17/2023 STAPLES BUSINESS ADVANTA10/31/2023 3551509654 $23 54 PD-OFFICE SUPPLIES 288692 11/17/2023 STAPLES BUSINESS ADVANTF10131/2023 3551509650 $56.36 PD-OFFICE SUPPLIES 288692 11/17/2023 STAPLES BUSINESS ADVANTA10/31/2023 3551509648 $52.44 PD-OFFICE SUPPLIES 288531 11/17/2023 AGRISHOP INC, 10/31/2023 70782/1 $143 69 PWST-MAINT PARTS PARKINGITOLLS $372.17 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $130.00 PD-TOLL FEES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $30 00 PD-TOLL FEES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $6.50 PD-TOLL FEES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $11 50 PD-TOLL FEES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $3.50 PD-TOLL FEES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $13.00 PD-TOLL FEES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $13.00 PD-TOLL FEES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $30.00 PD-TOLL FEES 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $30 00 PD-TOLL FEES 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $7.46 PARKS -TRIP PARKING 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $7.46 PARKS -TRIP PARKING 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $89.75 PARKS -TRIP PARKING PD - CLAIMS AUTO $2,603.04 288477 10/31/2023 SYSTEMS FOR PUBLIC SAFE110/17/2023 45147 $2.157 96 RM-AUTOBODY REPAIR - PD 6245 Key Bank Page 42 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288608 11/17/2023 JR SETINA MANUFACTURING 10/17/2023 273612 $445.08 AUTO SERVICES - BUMPER FOR PD PD - CLAIMS GLIPL $8,998.50 288377 10/31/2023 KEATING, BUCKLIN & MCCOR10/9/2023 20869 $690.00 LAW-AG23-159 LEGAL SVCS- 288377 10/31/2023 KEATING, BUCKLIN & MCCOR10/9/2023 20870 $103.50 LAW-AG23-159 LEGAL SVCS- 288377 10/31/2023 KEATING, BUCKLIN & MCCOR10/9/2023 20871 $4,140.00 LAW-AG23-159 LEGAL SVCS- 288611 11/17/2023 KEATING, BUCKLIN & MCCORII/8/2023 21091 $1,270.50 LAWAG23-159 LEGAL SVCS- 288610 11/17/2023 KEATING, BUCKLIN & MCCORI1/8/2023 21092 $2,794.50 LAW-AG23-159 LEGAL SVCS- PER DIEM MEALS $1,000.65 288313 10/31/2023 CALLAGHAN, JORDAN 10/17/2023 CALLAGHAN 2023 $199.00 PWST-CDL RENEWAL 288340 10/31/2023 DURELL, KRIS 10/24/2023 DURELL2023 $125.00 PD-NTOA SUPERVISING PATROL 288373 10/31/2023 HWANG, ANDY 10/24/2023 HWANG 2023 $40.00 PD-ADV TVL WASPC CONFERENCE 288447 10/31/2023 ROTH, CRYSTAL 10/24/2023 ROTH 2O23 $215.00 PD-ADV TVL CALEA FALL 2023 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $21.65 MOED-CONFERENCE LUNCH 288598 11/17/2023 HONDA, SUSAN 10/30/2023 HONDA2023 $65.00 CC-ADV TVL REIMB NFWLANNUAL C 288543 11/17/2023 CARTER, TANJA 10/26/2023 CARTER 2023 $270.00 MOED-ADV TVL INTERNATIONAL ECO 288536 11/17/2023 ASSEFA-DAWSON, LYDIA 11/2/2023 ASSEFA-DAWSON 2023 $65.00 CC-ADV TVL REIMB NFWL CONFEREN POSTAGE/DELIVERY SERVICES $1,495.50 288433 10/31/2023 PITNEY BOWES PRESORT SV9/30/2023 1024007375 $293.37 FI-PITNEY BOWES POSTAGE DEPOSI 288433 10/31/2023 PITNEY BOWES PRESORT SV9/30/2023 1024007375 $430.28 FI-PITNEY BOWES POSTAGE DEPOSI 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $18.44 PD-POSTAGE 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $69.56 PD-SHIPPING 1025233793 11/3/2023 US BANK, 10/25/2023 SEPT 2023 PD VISA $170 09 ' PD-POSTAGE 1025234759 1177/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $22.01 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $28.95 CD -POSTAGE 1025234759 1177/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $38.98 CD -POSTAGE 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE Key Bank Page 43 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $28.95 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT2023 CITY VISA $19.30 CD -POSTAGE 1025234759 W7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11C7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11(7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $9.65 CD -POSTAGE 1025234759 11l7/2023 US BANK, 10/2512023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11l7/2023 US BANK, 10125/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $57.12 CD -POSTAGE 1025234759 11/7/2023 US BANK, 10125/2023 SEPT 2023 CITY VISA $19.30 CD -POSTAGE PRESCRIPTION SERVICES - CLAIMS $163,114.56 1020233458 10/20/2023 KAISER FOUNDATION HEALTF10/20/2023 INVSF0013458 $225.18 FI-10/10/23-10/16/23 KAISER HE 1020233468 10/20/2023 KAISER FOUNDATION HEALTF10/20/2023 INVSF0013468 $15,816.25 FI-10/10/23-10/16/23 KAISER HE 1027233506 10/27/2023 KAISER FOUNDATION HEALTF10127/2023 INVSF0013506 $98,984.46 FI-10/17/23-10/23/23 KAISER HE 1027233496 10/27/2023 KAISER FOUNDATION HEALTF10/27/2023 INVSF0013496 $2,506.06 FI-10/17/23-10/23/23 KAISER HE 1109233582 11/9/2023 KAISER FOUNDATION HEALTFII/9/2023 INVSF0013582 $33,790.62 FI-KAISER HEALTH SVCS 1110233553 11/10/2023 KAISER FOUNDATION HEALTF11/10/2023 INVSF0013553 $927.67 FI-11/01/23-11/06/23 KAISER HE 1117233620 11/17/2023 KAISER FOUNDATION HEALTF11/17/2023 INVSF0013620 $9,851.70 FI-11/07/23-11/13/23 KAISER HE Key Bank Page 44 of 70 Check No: Date Vendor Invoice Date Invoice Description AmountGLTotal 1117233610 11/17/2023 KAISER FOUNDATION HEALTV11/17/2023 INVSF0013610 $1,01262 FI-11/07/23-11/13/23 KAISER HE PRINTING/PHOTO SERVICES $29,593.19 288361 10/31/2023 GOS PRINTING CORPORATIO10111/2023 95639 $45.79 PD-PRINTING SERVICES 288361 10/31/2023 GOS PRINTING CORPORATIO10/18/2023 95644 $188 33 PD-PRINTING SERVICES 288361 10/31/2023 GOS PRINTING CORPORATIO10/18/2023 95645 $513 75 PD-PRINTING SERVICES 288361 10/31/2023 GOS PRINTING CORPORATIO10/18/2023 95646 $172.13 PD-PRINTING SERVICES 288560 11/17/2023 CONSOLIDATED PRESS LLC, 10/26/2023 31509 $3,712.73 PARKS -WINTER 2023 RECREATION P 288628 11/17/2023 MINUTEMAN PRESS OF FEDE10/12/2023 5778 $1,416.25 SWR-AG22-140 PRINT & DISTRIBUT 288544 11/17/2023 CASCADIA CLEANING, & REM6/19/2022 2022-336 $19,465,68 PKM-AG23-238 ENCAMPMENT REMOVA 288719 11/17/2023 WA. DEPT OF CORRECTIONS,9/2/2022 FCU2208.6334 $314.21 PKM-CONTRACT K12614 288719' 11/17/2023 WA. DEPT OF CORRECTIONS,10/512022 FCU2209.6396 $933.52 PKM-CONTRACT K12614 288719 11/17/2023 WA. DEPT OF CORRECTIONS,11/2/2022 FCU2210.6454 $1.352.76 PKM-CONTRACT K12614 288719 11/17/2023 WA. DEPT OF CORRECTIONS,12/1/2022 FCU2211.6515 $1,478.04 PKM-CONTRACT K12614 PROFESSIONAL SERVICES $802,681.29 1016239360 10/16/2023 WA STATE DEPT OF LICENSIN10/16/2023 27059360 $75.00 HR-DRIVING RECORDS 288288 10/18/2023 ACCOUNTEMPS (ROBERT HA17/27/2023 62344522 RE -ISSUE $760.38 MO-ADMINSTRATIVE TEMP 288498 10/31/2023 USIC HOLDINGS INC, 8/31/2023 610430 $84.85 PWTR/SWM-AG19-078 UGD ULT LOCA 288498 10/31/2023 USIC HOLDINGS INC, 8/31/2023 610430 $241.84. PWTR/SWM-AG19-078 UGD ULT LOCA 288457 10/31/2023 SKCSRA-SOCCER REFER EESB/1 5/2023 2480 $2,846.25 PARKS-AG18-009 SOCCER REFEREE 288457 10/31/2023 SKCSRA-SOCCER REFEREES5/13/2023 2398 $2.760.00 PARKS-AG18-009 SOCCER REFEREE 288410 10/31/2023 NAVIA BENEFIT SOLUTIONS, 8/30/2023 10739393 B $323.30 HR-FLEX PLAN ADM SVCS AG12-061 288410 10/31/2023 NAVIA BENEFIT SOLUTIONS, 6/29/2023 10713337 B $0.40 HR-FLEX PLAN ADM SVCS AG12-061 288468 10/31/2023 SOUTH SOUND OUTREACH S5/16/2023 1 ST QTR 2023 $2,959.97 CDHS-AG21-076 COVID RESPONSE F 288468 10/31/2023 SOUTH SOUND OUTREACH S5/16/2023 2ND QTR 2023 $2,582.83 CDHS-AG21-076 COVID RESPONSE F 288349 10/31/2023 FEDERAL WAY BOYS & GIRLS7/14/2023 3RD QTR 2023 $2,250.00 CDHS-AG23-044 TEEN CENTER YOUT 288355 10/31/2023 FREELOCK LLC, 7/27/2023 9440 $2,388.00 IT- DRUPAL MAINTENANCE- PROT 288410 10/31/2023 NAVIA BENEFIT SOLUTIONS, 7/28/2023 10724033 B $0.30 HR-FLEX PLAN ADM SVCS AG12-061 Key Bank Page 45 of 70 Check No. Date Vendor _ Invoice Date Invoice Description AmountGLTotal 288387 10/31/2023 LANGUAGE LINE SERVICES, 19/30/2023 11117795 $1,918.79 PD-AG21-199 LANGUAGE SVC 288310 10/31/2023 C.E.M. MAINTENANCE INC, DE9/29/2023 AG22-063 #11 $278,958.38 FWCC-AG22-063 SLIDE & PLAY ST 288310 10/31/2023 C.E.M. MAINTENANCE INC, DE9/29/2023 AG22-063 #11 $-13,947.92 FWCC-AG22-063 SLIDE & PLAY ST 288318 10/31/2023 CITY OF FEDERAL WAY, 9/29/2023 AG22-063 #11 RET $1,959.06 FWCC-AG22-063 SLIDE & PLAY ST 288318 10/31/2023 CITY OF FEDERAL WAY, 9/29/2023 AG22-063 #11 RET $11,988,86 FWCC-PAYMENT ADJUSTMENT CORREC 288370 10/31/2023 HISTORICAL SOCIETY-FEDER9/29/2023 38 $8,750.00 FI- Q3/23 MOU HISTORICAL SOCIE 288410 10/31/2023 NAVIA BENEFIT SOLUTIONS, 9/28/2023 10752217 $324.40 HR-FLEX PLAN ADM SVCS AG12-061 286498 10131/2023 USIC HOLDINGS INC, 9/30/2023 615230 $2,802.58 PWTR/SWM-AG19-078 UGD ULT LOCA 288498 10/31/2023 USIC HOLDINGS INC, 9/30/2023 615230 $7,988.40 PWTRISWM-AG19-078 UGD ULT LOCA 288498 10/31/2023 USIC HOLDINGS INC, 9/30/2023 616250 $19 58 PWTR/SWM-AG19-078 UGD ULT LOCA 288498 10/3112023 USIC HOLDINGS INC, 9/30/2023 616250 $55 81 PWTR/SWM-AG19-078 UGD ULT LOCA 288463 10/31/2023 SOUND PUBLISHING INC, 9/22/2023 . FWM984585 $57 18 PKM-AD ACCT#86029354 288316 10/31/2023 CHILDRENS DANCE THEATER9/12/2023 INV-0012 $5,390.00 PARKS-AG18-043 DANCE CLASSES 288513 10/31/2023 WEST COAST CODE CONSUL"9/5/2023 UT23-FED-014 $3,559.12 CD-AG19-070 BUILDING DIVISION 288404 10/31/2023 MRSC ROSTERS, 10/10/2023 68111 $5,000.00 CHB-ROSTER DUES 288405 10/31/2023 MULTI -SERVICE CENTER, 10/11/2023 3RD QTR 2023 $2,000.00 CDHS-AG23-019 FW BABY CUPBOARD 288425 10/31/2023 PEDIATRIC INTERIM CARE CE10/11/2023 3RD QTR 2023 $1,250.00 CDHS-AG23-036 IFANT WITHDRAWAL 288405 10/31/2023 MULTI -SERVICE CENTER, 10/11/2023 3RD QTR 2023 $8,750 00 CDHS-AG23-020 FW FOOD AND CLOT 288386 10/31/2023 LANE POWELL PC, 10/10/2023 3911593 $4,879 00 PW-AG19-225 LEGAL SERVICES- 288499 10/31/2023 VALLEY CITIES COUNSELING,10/9/2023 2023 3RD QTR $4,750.00 CDHS-AG23-038 SCHOOL BASED MEN 288376 10/31/2023 JIMENEZ PRODUCTIONS, DAv10/10/2023 0005 $70.00 CC-AG23-010 VIDEO PRODUCTION S 288393 10/31/2023 LUTHERAN COMMUNITY, SER10/9/2023 2ND QTR 2023 $3,716.67 CDHS-AG23-034 CULATT COUNSELI 288392 10/31/2023 LUKONE, BENJAMIN J 10/10/2023 10/10/23 $750.00 FWCC-TREE LIGHTING 288494 10/31/2023 UKRANIAN COMMUNITY, CEN-10/10/2023 2023 3RD QTR $4,000.00 CDHS-AG23-060 CRISIS FAMILY IN 288494 10/31/2023 UKRANIAN COMMUNITY, CEN-10/10/2023 2023 3RD QTR #2 $4,000.00 CDHS-AG23-059 REFUGEE ASSIS PG 288473 10/31/2023 STEWART MACNICHOLS HAR110/2/2023 2006 REVISED $46.660.00 MO-AG22-115 06/23 PUBLIC DEFEN Key Bank Page 46 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288473 10/31/2023 STEWART MACNICHOLS HARI10/2/2023 2007 REVISED $49.840,00 MO-AG22-115 06/23 PUBLIC DEFEN 288413 10/31/2023 NORTHWEST EDUCATION AC6/30/2023 3RD QTR 2023 $2,000.00 CDHS-AG23-052-HELPING OPPORTUN 288307 10/31/2023 BRIDGING A GAP WEEKEND F9/30/2023 3RD QTR 2023 $2,714.75 CDHS-AG23-037 BRIDGING A GAP W 288506 10/31/2023 WA STATE EMPLOYMENT SEC9/30/2023 2023 UBI 601-223-538 $11,578.00 HR-UI TAX REIMB SEPT 2023 288293 10/31/2023 ADURO LLC, 9/30/2023 INV6740 $1,634.39 HR-AG19-209 WELLNESS PGM- 288432 10/31/2023 PFM FINANCIAL ADVISORS LL10/4/2023 127226 $5.155.00 FI-AG23-121 FINANCIAL ADVISORY 288343 10/31/2023 EDWARD NELSON LAW OFFIC10/5/2023 2023-10 $2,465.00 MO-AG21-160 PUBLIC DEFENSE ATT 288415 10/31/2023 OGDEN, MURPHY, WALLACE, 10/5/2023 883020 $20,250.00 LAW-AG18-150 LEGAL SERVICES- 288374 10/31/2023 INTERCOM LANGUAGE SVCS,10/6/2023 23-508 $1,647.50 MC -INTERPRETER SVC 288441 10/31/2023 REDWOOD TOXICOLOGY LAB9/30/2023 30861420239 $718.29 MC -TOXICOLOGY SRVCS 288514 10/31/2023 WEST COAST CODE CONSUL7/10/2023 UT23-FED-010 $1,295,00 CD-AG19-070 BUILDING DIVISION 288434 10/31/2023 PRISMA INTERNATIONAL INC,9/28/2023 95834-C $129.60 SWM-WRITTEN WORD TRANSLATION S 288462 10/31/2023 SOUND PUBLISHING INC, 9/30/2023 8116496 $911.25 PARKS -AD ACCT#83754398 288454 10/31/2023 SEMISI-TUPOU, VAIVAO T 10/10/2023 10/10/23 $175 00 MC -INTERPRETER SERVICES 288474 10/31/2023 SUMMIT LAW GROUP, 10/24/2023 148971 $2,080.50 HR-AG21-156 LEGAL SVCS 288513 10/31/2023 WEST COAST CODE CONS UL4/13/2023 UT23-FED-005 $790.00 CD-AG19-070 BUILDING DIVISION 288469 10/31/2023 SPECTRA LABORATORIES LL(10/16/2023 5006419 $672.00 SWM-WATER TESTING 288454 10/31/2023 SEMISI-TUPOU, VAIVAO T 10/17/2023 10/17/23 $140.00 MC -INTERPRETER SERVICES 288376 10/31/2023 JIMENEZ PRODUCTIONS, DAV10/17/2023 0006 $175.00 IT-AG23-010 VIDEO PRODUCTION S 288468 10/31/2023 SOUTH SOUND OUTREACH S10/13/2023 3RD QTR 2023 $2,918 35 CDHS-AG21-076 COVID RESPONSE F 288503 10/31/2023 VNF SOLUTIONS LLC, 10/13/2023 441852 $5,000.00 MO-AG21-015 FEDERAL LOBBYING S 288482 10/31/2023 THE GENESIS PROJECT-SEAT10/12/2023 3RD QTR 2023 $1.500.00 CDHS-AG23-056 DROP IN CENTER 0 288296 10/31/2023 AJAC, 10/12/2023 3RD QTR 2023 $1,750.00 CDHS-AG23-111 MACHINISTS JOINT 288339 10/31/2023 DOMESTIC ABUSE WOMEN'S 10/12/2023 3RD QTR 2023 $2,750.00 CDHS-AG23-104 EMERGENCY SHELTE 288339 10/31/2023 DOMESTIC ABUSE WOMEN'S 10/12/2023 3RD QTR 2023 #2 $3,750.00 CDHS-AG23-105 DAWN COMMUNITYA 288330 10/31/2023 COUSELING SERVICES OF W110/13/2023 011 $100.00 MO -ASSESSMENT Key Bank Page 47 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288374 10/31/2023 INTERCOM LANGUAGE SVCS,10/13/2023 23-543 $1,927.50 MC -INTERPRETER SVC 288519 10/31/2023 YWCA SEATTLE- KING COUN110/13/2023 2023 3RD QTR $1,750.00 CDHS-AG23-119 GENDER -BASED VIO 288461 10/31/2023 SOUND, 10/13/2023 2023 3RD QTR $2,000.00 CDHS-AG23-021 PATH AGM 288460 10/31/2023 SOLID GROUND WASH INGTO110/10/2023 3Q 2023 $1,812.89 CD-AG23-145 HOUSING STABILITY 288448 10/31/2023 SAFAROVA-DOWNEY, ALMIRA10/17/2023 10/17/2023 $160.00 MC -INTERPRETER SVC 288322 10/31/2023 CODE PUBLISHING COMPANY10/16/2023 GC0012189 $1,564.53 CK-REVISED CODE 288457 10/31/2023 SKCSRA-SOCCER REFEREES10/14/2023 2519 $1,983.75 PARKS-AG18-009 SOCCER REFEREE 288459 10/31/2023 SOCIETY OF ST VINCENT DE 110/15/2023 2023 3RD QTR $5,867 00 CDHS-AG23-120 EMERGENCY HUMAN 288379 10/31/2023 KENT YOUTH & FAMILY SERVI10/15/2023 3RD QTR 2023 $2,000 00 CDHS-AG23-029 BEHAVIORAL HEALT 288370 10/31/2023 HISTORICAL SOCIETY-FEDER.10/19/2023 39 $1,000.00 PARKS -LOANED ART 288330 10/31/2023 COUSELING SERVICES OF Wi10/20/2023 012 $100.00 MO -ASSESSMENT 1101233040 11/1/2023 KAISER FOUNDATION HEALTh11/1/2023 NOV 2023 #2 $45,526.38 FI-11/23ADMIN FEE KAISER HEAL 1101233039 11/1/2023 KAISER FOUNDATION HEALTMl/1/2023 NOV 2023 $10.611.43 FI-11/23ADMIN FEE KAISER HEAL 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $150.00 FI-WELLNESS GIFT CARDS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $250.00 FI-WELLNESS GIFT CARDS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $625.00 FI-WELLNESS GIFT CARDS 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $506.46 FWCC-WHEN I WORK 1025234759 111712023 US BANK, 10/25/2023 SEPT 2023 CITY VISA. $695.00 FWCC-MNTHLY FEES 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $1,496 00 FWCC-KITCHEN CLEANING 1025234759 11l7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $12.99 PARKS -CLOUD MRT SOFTWAR 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $1,524.50 PWST-RECORDING FEE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $222 61 PWST-RECORDING FEE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $313 10 PARKS -TEAM OUTING 288523 11/16/2023 . SHOOTING STARS, 11/7/2023 11/7/23 $2,899.05 PARKS-AG20-002 BASKETBALL TRAI 288539 11/17/2023 BLUE PEARL VETERINARY, 4/14/2023 1248065 $571.80 PD-VET SERVICES 288563 11/17/2023 CRISIS CONNECTIONS, 6/30/2023 3RD QTR 2023 $1,300.00 CDHS-AG23-068 TEEN LINK— Key Bank Page 48 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288545 11/17/2023 CATHOLIC COMMUNITY SERV7115/2023 3RD QTR 2023 $2,000.00 CDHS-AG23-110 EMER ASSIS 288548 11/17/2023 CHRISTIE LAW GROUP, LLC, 811/2023 11297 $32.00 LAW-AG21-155 LEGAL SERVICES-• 288539 11/17/2023 BLUE PEARL VETERINARY, 5/16/2023 1251757 $523.03 PD-VET SERVICES 288545 11/17/2023 CATHOLIC COMMUNITY SERV9/15/2023 3RD QTR 2023 $10,000.00 CDHS-AG23-108 FW DAY CENTER 288689 11/17/2023 SOUTH KING TOOL LIBRARY, 9/30/2023 2143 $3,500.00 SWR-AG22-036 MGMT RECYCLING EV 288601 11/17/2023 INTERCOM LANGUAGE SVCS,9/30/2023 23-460 $280.00 MC -INTERPRETER SVC 288601 11/17/2023 INTERCOM LANGUAGE SVCS,9/2912023 23-503 B $1,250.00 MC -INTERPRETER SVC 288547 11/17/2023 CHILDHAVEN, 10/12/2023 3RD QTR 2023 $2,750.00 CDHS-AG23-058 MENTAL HEALTH CO 288581 11/17/2023 FEDERAL WAY SENIOR CENT110/10/2023 3RD QTR 2023 $6,250.00 CDHS-AG23-067 FED WAY SNR CENT 288638 11/17/2023 MULTI -SERVICE CENTER, 10/10/2023 3RD QTR 2023 $5,000.00 CDHS-AG23-071 EMERASSIS RES N 288672 11/17/2023 ROCK PROJECT MGMT SERVI10/3/2023 1428 $12,730.00 PARKS-AG23-206 PROJECT MANAGEM 288650 11/17/2023 OPEN DOORS FOR MULTICUL10/13/2023 3RD QTR 2023 $3,000.00 CDHS-AG23-070 MULTICULTURAL FA 288639 11/17/2023 MULTI -SERVICE CENTER, 10/11/2023 Q3 2023 $2,000.00 CDHS-AG23-019 FW BABY CUPBOARD 288530 11117/2023 AFRICAN COMMUNITY HOUSI10/16/2023 3RD QTR 2023 $5,750.00 CDHS-AG23-046AFRICAN COMMUNIT 288601 11/17/2023 INTERCOM LANGUAGE SVCS,10/27/2023 23-555 $1,665.00 MC -INTERPRETER SVC 288673 11/17/2023 SAFAROVA-DOWNEY,ALMIRA10/20/2023 10/20/23 $140.00 MC -INTERPRETER SVC 288559 11/17/2023 CONSEJO COUNSELING &, 10/17/2023 3RD QTR 2023 $2.500 00 CDHS-AG23-097 DOMESTVIOLADV 288730 11/17/2023 YWCA SEATTLE- KING COUN110/17/2023 Q3 2023 $1,750.00 6DHS-AG23-118 CHILDREN'S GENDE 288634 11/17/2023 MOSS & BARNETT, 10/18/2023 795421 $786 00 LAW-18-046 LEGAL SVC CABLE FRA 288601 11/17/2023 INTERCOM LANGUAGE SVCS,10/20/2023 23-549 $985.00 MC -INTERPRETER SVC 288697 11/17/2023 THE TIGER KIDS, 10/19/2023 10/19/2023 $441.00 PARKS-AG19-217 MARTIAL ART CLA 288622 11/17/2023 LUKE ESSER, 10/27/2023 SEPTEMBER 2023 $3,000,00 MO-AG20-014 LOBBYING SVC- 288643 11/17/2023 NAVIA BENEFIT SOLUTIONS, 10/30/2023 10784642 $324 40 - HR-FLEX PLAN ADM SVCS AG12-061 288666 11/17/2023 PROTECT YOUTH SPORTS, 10/31/2023 1110315 $143.00 HR-BACKGROUND CHECKS 288601 11/17/2023 INTERCOM LANGUAGE SVCS,10/31/2023 23-516 $440.00 MC -INTERPRETER SVC 288711 11/17/2023 VERRA MOBILITY, 10/31/2023 INVO064323 $52,250.00 PD-AG21-034 PHOTO ENFORCEMENT Key Bank Page 49 of 70 Check No, Date Vendor Invoice Date Invoice Description AmountGLTotal 288672 11/17/2023 ROCK PROJECT MGMT SERVI11/1/2023 1437 $12,730.00 PARKS-AG23-206 PROJECT MANAGEM 288609 11/17/2023 KAY CATERING, 11/1/2023 3363 $21,134.40 DBC-AG23-024 DUMAS BAY CATERIN 288591 11/17/2023 H2 GOVERNMENT RELATION:11/1/2023 H2_CFW 2543 $3,500.00 MO-AG21-013 LOBBYING SVC- 288678 11/17/2023 SEMISI-TUPOU, VAIVAO T 11/1/2023 10/31/23 $157.50 MC -INTERPRETER SERVICES 288726 11/17/2023 WEST COAST CODE CONSUU11/16/2023 UT23-FEF-017 $11,05&73 CD-AG19-070 BUILDING DIVISION 288607 11/17/2023 JIMENEZ PRODUCTIONS, DA\j11/8/2023 0010 $175.00 IT-AG23-010 VIDEO PRODUCTION S 288583 11/17/2023 FLOYD, PFLUEGER & RINGER11/2/2023 69450 $2,849.50 LAW-AG21-035 LEGAL SVCS- 288661 11/17/2023 PIERCE COUNTY SECURITY 1111/2/2023 427272 $180.00 PARKS-AG23-207 SECURITY SERVIC 288661 11/17/2023 PIERCE COUNTY SECURITY 1111/212023 427299 $175.00 PARKS-AG23-207 SECURITY SERVIC 288661 11/17/2023 PIERCE COUNTY SECURITY 1111/2/2023 427300 $180.00 PARKS-AG23-207 SECURITY SERVIC 288661 11/17/2023 PIERCE COUNTY SECURITY 1111/2/2023 427343 $180.00 PARKS-AG23-207 SECURITY SERVIC 288661 11/17/2023 PIERCE COUNTY SECURITY 1111/2/2023 427344 $180.00 PARKS-AG23-207 SECURITY SERVIC 288661 11/17/2023 PIERCE COUNTY SECURITY 1111/2/2023 427555 $375.00 - PARKS-AG23-207 SECURITY SERVIC 288661 11/17/2023 PIERCE COUNTY SECURITY 111112/2023 427567 -$180.00 PARKS-AG23-207 SECURITY SERVIC 288661 11/17/2023 PIERCE COUNTY SECURITY 1111/2/2023 427592 $300.00 PARKS-AG23-207 SECURITY SERVIC 288661 11/17/2023 PIERCE COUNTY SECURITY 1111/2/2023 427629 $180.00 PARKS-AG23-207 SECURITY SERVIC 288612 11/17/2023 KING SALO ELECTRIC LLC, 11/3/2023 352 $1,940.69 DBC-REPAIR/MAINT SVCS 288601 11/17/2023 INTERCOM LANGUAGE SVCS,11/3/2023 23-570 $2,115.00 MC -INTERPRETER SVC 288649 11/17/2023 OLBRECHTS &ASSOCIATES, 111/4/2023 OCTOBER 2023 $1,033.39 CK-AG20-961 HEARING EXAMINER S 288607 11/17/2023 JIMENEZ PRODUCTIONS, DAV11/6/2023 0009 $105.00 CC-AG23-010 LUTC MTG 288648 11/17/2023 OGDEN, MURPHY, WALLACE, 11/6/2023 884252 $38 00 LAW-AG18-150 LEGAL SERVICES- 288697 11/17/2023 THE TIGER KIDS, 10/25/2023 10/25/23 $1,223.20 PARKS-AG19-217 MARTIALART CLA 288664 11/17/2023 PRISMA INTERNATIONAL INC;10/25/2023 100253-A $793 30 SWR-WRITTEN WORD TRANSLATION S 288664 11/17/2023 PRISMA INTERNATIONAL INC,10/25/2023 100254-B $38800 SWR-WRITTEN WORD TRANSLATION S 288607 11/17/2023 JIMENEZ PRODUCTIONS, DAV10/24/2023 0008 $87.50 CC-AG23-010 FEDRAC MTG PUBLIC UTILITY SERVICES $44.72 Key Bank Page 50 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288323 10/31/2023 COMCAST OF WASHINGTON 110/1/2023 8498 34 016 1554623 $44.72 FWCC-10/23 CABLE SVC PURCHASE OF RESALE ITEMS $3,329.45 288311 10/31/2023 CAFE FONTE COFFEE COMPPI0/10/2023 295087 $161.39 FWCC-CAFE COFFEE SUPPLY 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $28.57 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $106.51 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $10.00 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $273.48 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $48,40 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $32.78 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/2512023 SEPT 2023 PRO VISA $160.17 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $38.41 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $1.52 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $28.57 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $88.65 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10125/2023 SEPT 2023 PRO VISA $29.56 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $11.00 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $123.72 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $446.81 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $13.20 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $19.18 FWCC-SNACKS FOR RESALE 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $14.30 FWCC-SNACKS FOR RESALE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $180.41 FWCC-SNACKS FOR RESALE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $34.92 FWCC-SNACKS FOR RESALE 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $1,436.25 FWCC-SNACKS FOR RESALE 1025234759 1117/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $41.65 FWCC-SNACKS FOR RESALE PW - CLAIMS GL/PL $246.00 288354 10/31/2023 FLOYD, PFLUEGER & RINGER10/4/2023 69265 $246.00 LAW-AG21-035 LEGAL SVCS- Key Bank Page 51 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total PW - CLAIMS PROPERTY $9,268.22 288380 10/31/2023 KING COUNTY FINANCE DIV189/30/2023 129286-129291 $7,413.03 RM-RSD FWk129286-129291 288675 11/17/2023 SECOMA FENCE INC, 10/18/2023 27763 $1.855.19 FENCE SUPPLIES - RSK 23-210-12 RENTAL CARS/GROUND TRANSPORT $232.75 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $34,90 MOED-UBER 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $68.96 MOED-UBER 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $62.94 MOED-UBER 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $65.95 MOED-UBER RENTAL OF FURNITURE/EQUIPMENT $2,950.00 288371 10/31/2023 HOME DEPOT-DEPT 32-250078/15/2023 4901932 $150.00 PWST-OFFICE SUPPLIES 288371 10/31/2023 HOME DEPOT-DEPT32-250070/13/2023 6901741 $150.00 PWST-OFFICE SUPPLIES 288592 11/17/2023 HEAD -QUARTERS PTS, 10/31/2023 62543 $2,650.00 PARKS-AG18-017 SANICAN SERVICE REPAIR & MAINT SUPPLIES $12,228.84 288351 10/31/2023 FERGUSON ENTERPRISES, IW/26/2023 1915383 $22.44 PKM-REPAIR/MAINTENANCE SUPPLIE 288417 10/31/2023 ORCA PACIFIC INC, 10/4/2023 INV0606490 $1,451.88 PARKS -POOL CHEMICALS AG17-002 288484 10/31/2023 THE PART WORKS INC, 10/10/2023 INV98470 $900.89 CHB-MAINT SUPPLIES 288490 10/31/2023 TRINITY ACE HARDWARE, 10/12/2023 322455 $7 26 PKM-SUPPLIES 288363 10/31/2023 GRAINGER INC, 10/13/2023 9870833457 $128 02 CHB-MAINT SUPPLIES 288417 10/31/2023 ORCA PACIFIC INC, 10/17/2023 INV0606646 $1,209 89 PARKS -POOL CHEMICALS AG17-002 288417 10/31/2023 ORCA PACIFIC INC, 10/1812023 INV0606666 $924.12 PARKS -POOL CHEMICALS AG17-002 288298 10/31/2023 ALPINE PRODUCTS INC, 10/18/2023 TM-220436 $187.34 PWST-MAINT SUPPLIES 288490 10/31/2023 TRINITY ACE HARDWARE, 10/18/2023 323260 $13 20 PWST-SUPPLIES 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $627.13 PKM-MAINT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $629 06 FWCC-MAINT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $84.09 PKM-MAINT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $848.38 FWCC-MAINT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $125.72 FWCC-MAINT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $37.19 FWCC-MAINT SUPPLS Key Bank Page 52 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $29.77 FWCC-MAINT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $2,199.99 FWCC-MAINT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $35.20 PWST-MAINT SUPPLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $110.09 PWST-MAINT SUPPLS 288582 11/17/2023 FLAGS A' FLYING LLC, 10/23/2023 99738 $499.49 PKM-FLAGS/ACCESSORIES 288651 11/17/2023 ORCA PACIFIC INC, 10/25/2023 INV0606734 $876.89 PARKS -POOL CHEMICALS AG17-002 288705 11/17/2023 TRINITYACE HARDWARE, 10/19/2023 323303 $69.31 - PD-VEHICLE TOW 288705 11/17/2023 TRINITY ACE HARDWARE, 10/23/2023 323907 $3.14 PD-VEHICLE TOW 288626 11/17/2023 MCLENDON HARDWARE INC, 10/27/2023 H14455/3 $1,018.16 PKM-MAINT SUPPLIES 288705 11/17/2023 TRINITYACE HARDWARE,- 10/16/2023 322960 $22 00 PD-VEHICLE TOW 288663 11/17/2023 PLATT ELECTRIC SUPPLY, 9/29/2023 41-65608 $141.89 CHB-ELECTRICAL SUPPLIES 288531 11/17/2023 AGRISHOP INC, 11/6/2023 70831/1 $14.02 PKM-EQUIPMENT PARTS & REPAIRS 288623 11/17/2023 LUM, CAROL 11/2/2023 LUM 2023 $12.28 PKM-REIMB DIAGONAL CUTTERS REPAIR PARTS $15,305.52 288300 10/31/2023 ARG INDUSTRIAL, 9/28/2023 T059287 $1.038 58 FLT-REPAIR PARTS 288347 10/31/2023 FASTENAL, 9/28/2023 WAAUB98180 $66.06 FLT-MAINT SUPPLIES 288493 10/31/2023 TURF STAR INC, 9/27/2023 7302509-00 $318 20 FLT-MAINT PARTS 288353 10/31/2023 FLOYD EQUIPMENT COMPAN 9/29/2023 470728 $771.53 FLT-REPAIR/MAINT SUPPLIES 288375 10/31/2023 JENNINGS EQUIPMENT INC, 8/31/202$ 46873P $687.99 FLT-MAINT SVC 288493 10/31/2023 TURF STAR INC, 7/25/2023 7291418-00 $85.77 FLT-MAINT PARTS 288347 10/31/2023 FASTENAL, 8/11/2023 WAAUB97454 $86.03 FLT-MAINT SUPPLIES 288353 10/31/2023 FLOYD EQUIPMENT COMPAN'10/1212023 470836 $240.22 FLT-REPAIR/MAINT SUPPLIES 288480 10/31/2023 TACOMA SCREW PRODUCTS 10/12/2023 100240445-00 $52.71 FLT-MAINT SUPPLIES 288347 10/31/2023 FASTENAL, 10/12/2023 WAAUB98396 $238.33 FLT-MAINT SUPPLIES 288449 10/31/2023 SCARFF FORD, 10/17/2023 85005 $99.47 FLT-VEH MAINTSVCS 288456 10/31/2023 SIX ROBBLEES' INC, 10/19/2023 02P41805 $163.42 FLT-SUPPLIES & MAINT Key Bank Page 53 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 288409 10/31/2023 NAPAAUTO PARTS, 9/29/2023 132070 $21 49 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 9/23/2023 123118 $204.17 FLT-REPAIR & MAINT SUPPLIES 288421 10/31/2023 PAPE MACHINERY INC, 9/28/2023 14811962 $96 92 FLT-MAINT SVC 288502 10/31/2023 VILMA SIGNS, 9/7/2023 4393 $220.20 FLT-MAINT SUPPLIES 288418 10/31/2023 O'REILLYAUTO PARTS, 9/29/2023 3710-204795 $8.15 FLT-MAINT PARTS 288409 10/31/2023 NAPAAUTO PARTS, 10/2/2023 132254 $31.36 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 10/2/2023 132288 $105.56 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 10/2/2023 132302 $31 79 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 10/5/2023 132578 $5.37 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 10/5/2023 132591 $88.07 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 10/6/2023 132721 $125.62 FLT-REPAIR & MAINT SUPPLIES 288375 10/31/2023 JENNINGS EQUIPMENT INC, 10/10/2023 47867P $3440 FLT-MAINT SVC 288491 10/31/2023 TRINITY ACE HARDWARE, 10/10/2023 322208 $52 83 FLT-SUPPLIES 288300 10/31/2023 ARG INDUSTRIAL, 10/5/2023 T059478 $1,00276 FLT-REPAIR PARTS 288409 10/31/2023 NAPAAUTO PARTS, 10/19/2023 133749 $178.73 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 10/23/2023 134025 $202.89 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 10/24/2023 134085 $118.70 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 10/17/2023 133479 $151.59 FLT-REPAIR & MAINT SUPPLIES 288409 10/31/2023 NAPAAUTO PARTS, 10/12/2023 133172 $134.37 FLT-REPAIR & MAINT SUPPLIES 288300 10/31/2023 ARG INDUSTRIAL, 10/23/2023 T059934 $50.74 FLT-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10125/2023 SEPT 2023 PRO VISA $14.93 FLT-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $535.71 FLT-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $61.56 FLT-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $583 00 FLT-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $1.503 52 FLT-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $26 40 FLT-REPAIR PARTS Key Bank Page 54 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $105.24 FWCC-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $175.35 FWCC-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $432.59 FWCC-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $37.08 FWCC-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $1,443.61 FWCC-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $133.65 FWCC-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $44.00 FWCC-REPAIR PARTS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $37.69 FLT-REPAIR PARTS 288642 11/17/2023 NAPAAUTO PARTS, 10/25/2023 134206 $434.81 FLT-REPAIR & MAINT SUPPLIES 288642 11/17/2023 NAPAAUTO PARTS, 11/2/2023 134839 $118.25 FLT-REPAIR & MAINT 288642 11/17/2023 NAPAAUTO PARTS, 11/1/2023 134730 $43.13 FLT-REPAIR & MAINT 288642 11/17/2023 NAPAAUTO PARTS, 11/1/2023 134725 $72.65 FLT-REPAIR & MAINT 288713 11/17/2023 VILMASIGNS, 9/29/2023 4417 $110.10 FLT-MAINT SUPPLIES 288608 11/17/2023 JR SETINA MANUFACTURING 10/27/2023 274241 $2.274.12 PD-REPAIR PARTS 288576 11/17/2023 FASTENAL, 10/26/2023 WAAUB98633 $22.43 FLT-MAINT SUPPLIES 288705 11/17/2023 TRINITYACE HARDWARE, 10/26/2023 324301 $17 59 FLT-SUPPLIES 288528 11/17/2023 ADVANCE AUTO PARTS, 10/31/2023 13144-530584 $56.64 FLT-MAINT PARTS 288642 11/17/2023 NAPAAUTO PARTS, 10/31/2023 134674 $108.22 FLT-REPAIR & MAINT 288528 11/17/2023 ADVANCE AUTO PARTS, 10/30/2023 13144-530528 $13778 FLT-MAINT PARTS 288642 11/17/2023 NAPAAUTO PARTS, 10/30/2023 134555 $61.45 FLT-REPAIR & MAINT REPAIRS AND MAINTENANCE $187,561.38 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/2/2023 1-50761 $173.26 FLT-VEHICLE MAINT 288414 10/31/2023 NORTHWEST EXPERT, HEATII9/18/2023 6625 $5,218.65 DBC-MAINT & REPAIR 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/30/2023 1-50974 $163.47 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/30/2023 1-50975 $130.98 FLT-VEHICLE MAINT 288396 10/31/2023 MCDONOUGH & SONS INC, 9/30/2023 269815 $10,964.66 SWM-AG23-008 2023 STREET SWEEP Key Bank Page 55 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288487 10/31/2023 TOTAL LANDSCAPE CORPOR,9/30/2023 92950 $1,743:98 DBC-AG19-224 LANDSCAPE MAINT S 288327 10/31/2023 COPIERS NORTHWEST INC, 9/30/2023 INV2717811 $205.51 IT-AG21-019 PRINTER/COPIER MAI 288327 10/31/2023 COPIERS NORTHWEST INC, 9/30/2023 INV2717811 $1,181 68 IT-AG21-019 PRINTER/COPIER MAI 288327 10/31/2023 COPIERS NORTHWEST INC, 9/30/2023 INV2717811 $1,181.69 IT-AG21-019 PRINTER/COPIER MAI 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/28/2023 1-50928 $1,539.86 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/28/2023 1-50950 $1,577.83 FLT-VEHICLE MAINT 288458 10/31/2023 SLOAN SECURITY GROUP INC9/28/2023 5940 $1,017.50 CHB-MAINT & REPAIR SVCS 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/29/2023 1-50958 $68416 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (9/29/2023 1-50959 $31.38 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (9/29/2023 1-50962 $898.61 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/29/2023 1-50967 $165 63 PD-VEHICLE MAINT 288389 10/31/2023 LES SCHWAB TIRE CTRS OF l9/29/2023 37800665698 $27.50 FLT-VEHICLE MAINT 288371 10/31/2023 HOME DEPOT-DEPT 32-250078/26/2023 3614379 $59 41 SWM-REPAIR & MAINT SUPPLIES 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9127/2023 1-50943 $247.77 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE(9/27/2023 1-50945 $511.54 FLT-VEHICLE MAINT 288371 10/31/2023 HOME DEPOT-DEPT 32-250078/19/2023 512668 $71.59 SWM-REPAIR & MAINT SUPPLIES 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/26/2023 1-50940 $218.98 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/23/2023 1-50916 $475.48 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/25/2023 1-50923 $769.46 PD-VEHICLE MAINT 288493 10/31/2023 TURF STAR INC, 9/25/2023 8081671-00 $1.536.65 FLT-MAINT PARTS 288366 10/31/2023 GREENPOINT LANDSCAPING 9/25/2023 1271412462 $1,568.93 FWCC-AG19-119 LANDSCAPE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (8/19/2023 1-50644 $311.05 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (8/19/2023 1-50647 $186.20 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (7/15/2023 1-50319 $3,016.15 FLT-VEHICLE MAINT 288453 10/31/2023 SECURITY SOLUTIONS NW IN7/25/2023 343429 $3,286.49 CHB-AG22-001 STEEL LK VIDEO SE 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (6/7/2023 1-50044 $-206.44 FLT-VEHICLE MAINT Key Bank Page 56 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (7/14/2023 1-50307 $3,021.65 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (8/23/2023 1-50682 $786.28 FLT-VEHICLE MAINT 288371 10/31/2023 HOME DEPOT-DEPT32-250078/23/2023 7090394 $96.80 SWM-REPAIR & MAINT SUPPLIES 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (8/30/2023 1-50715 $129.33 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (8/29/2023 1-50725 $405.16 FLT-VEHICLE MAINT 288477 10/31/2023 SYSTEMS FOR PUBLIC SAFE18/31/2023 44838 $744.52 PD-VEH MAINT SVC 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (8/31/2023 1-50419 $285 06 FLT-VEHICLE MAINT 288477 10/31/2023 SYSTEMS FOR PUBLIC SAFE18/31/2023 44799 $135.26 PD-VEH MAINT SVC 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/1/2023 1-50738 $815.80 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/1/2023 1-50741 $382.07 FLT-VEHICLE MAINT 288394 10/31/2023 MACDONALD MILLER SERVIC9/1/2023 PM1134483 $6,224 50 CHB/FWCC-AG19-042B HVAC SVC- 288394 10/31/2023 MACDONALD MILLER SERVIC9/1/2023 PM1134483 $4,810.55 CHB/FWCC-AG19-042B HVAC SVC- 288328 10/31/2023 CORE & MAIN LP, 10/5/2023 T709940 $553 22 SWM-MAINT SUPPLIES 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/6/2023 1-51020 $19488 FLT-VEHICLE MAINT 288466 10/31/2023 SOUTH KING FIRE & RESCUE,10/6/2023 23-2536-394 $198.50 PD-ANNUAL INSPECTION 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/7/2023 1-51025 $309.86 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/7/2023 1-51026 $728.33 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/7/2023 1-51027 $256.50 PD-VEHICLE MAINT 288481 10/31/2023 TERMINIX, 10/5/2023 438835048 $116.71 FWCC-PEST CONTROL 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/4/2023 1-50948 $939.08 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/4/2023 1-50997 $243 36 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/10/2023 1-51029 $1,213.76 PD-VEHICLE MAINT 288419 10/31/2023 PACIFIC POWER GROUP LLC,10/9/2023 6574666-00 $5,154 58 PKM-AG23-124 GENERATOR MAINTEN 288419 10/31/2023 PACIFIC POWER GROUP LLC,10/9/2023 6574667-00 $4,318 01 CHB-AG23-124 GENERATOR MAINTEN 288490 10/31/2023 TRINITY ACE HARDWARE, 10/9/2023 322103 $4.83 FLT-SUPPLIES 288400 10/31/2023 MON-ARC FIBER OPTICS, 10/9/2023 231009 $2,500 00 IT- FIBER WORKAND LABOR AT SR Key Bank Page 57 of 70 Check No Date Vendor Invoice Date Invoice Description AmountGLTotal 288400 10/31/2023 MON-ARC FIBER OPTICS, 10/9/2023 231009 $252.50 Sales Tax 288419 10/31/2023 PACIFIC POWER GROUP LLC,10/10/2023 6574665-00 $3,158.11 PKM-AG23-124 GENERATOR MAINTEN 288365 10/31/2023 GREEN LEAF TREE SERVICE 110/11/2023 000082 $2,146.95 PWST-TREE REMOVAL 288485 10/31/2023 THUNDERING OAK ENTERPRI10/11/2023 12299 $2,862 60 PKM-AG19-115 TREE SVC AGREEMEN 288485 10/31/2023 THUNDERING OAK ENTERPRI10/11/2023 12300 $10.789.80 PKM-AG19-115 TREE SVC AGREEMEN 288424 10/31/2023 PEAK INDUSTRIAL INC, PEAK7/18/2023 PSI-260664 $1,409.18 FLT-MAINT SVC _ 288477 10/31/2023 SYSTEMS FOR PUBLIC SAFE110/17/2023 45241 $104.04 PD-VEH MAINT SVC 288421 10/31/2023 PAPE MACHINERY INC, 6/26/2023 913001 $659.76 FLT-MAINT SVC 288476 10/31/2023 SUNSET FORD INC, 10/10/2023 FOCS324183 $472.33 PD-VEH REPAIR & MAINT SVCS 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/11/2023 1-50990 $1,414 56 PD-VEH MAINT 288449 10/31/2023 SCARFF FORD, 10/12/2023 75654 $510.74 FLT-VEH REP SVC 288471 10/31/2023 SPRAGUE PEST CONTROL, 10/13/2023 5250036 $146.54 PKM-FACILITIES PEST CONTROL S 288396 10/31/2023 MCDONOUGH & SONS INC, 10/31/2023 269816 $10.964.66 SWM-AG23-008 2023 STREET SWEEP 288338 10/31/2023 DMX LLC DBA MOOD MEDIA, 11/1/2023 57844282 $56.20 IT-11/23 MEDIA SERVICES 288452 10/31/2023 SECOMA FENCE INC, 10/18/2023 27760 $2,196.50 PWST-FOR FENCE REPAIRS:- 288452 10/31/2023 SECOMA FENCE INC, 10/18/2023 27761 $2,064.38 PWST-FOR FENCE REPAIRS:- 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/30/2023 1-50949 $2,147.94 PD-MAINT SVCS 288470 10/31/2023 SPEEDY GLASS - TACOMA, 9/26/2023 6005-2192804 $319 74 FLT-VEHICLE WINDSHIELD REPAIR 288419 10/31/2023 PACIFIC POWER GROUP LLC,10/12/2023 917733-00 $2,676.74 CHB-AG23-124 GENERATOR MAINTEN 288485 10/31/2023 THUNDERING OAK ENTERPRI10/1212023 12304 $5,174.70 PKM-AG19-115 TREE SVC AGREEMEN 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/12/2023 1-51053 $399 98 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/12/2023 1-51060 $16078 PD-VEHICLE MAINT 288372 10/31/2023 HURLEY ENGINEERING COMF10/13/2023 57470 $699 41 DBC-REPAIR BOILER 288371 10/31/2023 HOME DEPOT-DEPT 32-25007110/13/2023 6622741 $43.86 SWM-REPAIR & MAINT SUPPLIES 288371 10/31/2023 HOME DEPOT-DEPT 32-25007110/18/2023 1522928 $116.19 SWM-REPAIR & MAINT SUPPLIES 288406 10/31/2023 MV TOWING LLC, 10/17/2023 30161 $77.07 PD-VEHICLE TOW Key Bank Page 58 of 70 Check No, Date Vendor Invoice Date Invoice Description AmountGL Total 288435 10/31/2023 PRO TOUCH AUTO INTERIOR 10/12/2023 62326 $176.16 PD-VEH MAINT SVC 288510 10/31/2023 WASHDUP, LLC, 9/30/2023 618 $219.96 PD-SEPT CAR WASH SVC 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/21/2023 1-51118 $114 65 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/21/2023 1-51119 $187 03 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/16/2023 1-51076 $210.49 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/14/2023 1-51031 $1,179.43 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/14/2023 1-51034 $93.59 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/14/2023 1-51068 $227.81 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/14/2023 1-51069 $383.07 FLT-VEHICLE MAINT 288452 10/31/2023 SECOMA FENCE INC, 10/19/2023 27778 $1,723.07 PWST-FOR FENCE REPAIRS:- 1025239491 11/5/2023 US BANK, 10125/2023 SEPT 2023 PRO VISA $880.00 FLT-MAINT SERVICES 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $764 89 SWM-MAINT SVCS 288665 11/17/2023 PRO TOUCH AUTO INTERIOR 10/24/2023 62345 $176.16 PD-VEH MAINT SVC 288665 11/17/2023 PRO TOUCH AUTO INTERIOR 10/24/2023 62346 $671.61 PD-VEH MAINT SVC 288700 11/17/2023 THUNDERING OAK ENTERPRI10/25/2023 12320 $1,981.80 PKM-AG19-115 TREE SVC AGREEMEN 288616 11/17/2023 LES SCHWAB TIRE CTRS OF %10/25/2023 37800670041 $27.50 FLT-TIRE REPAIR 288589 11/17/2023 GREENPOINT LANDSCAPING 10/25/2023 1271413175 $1,568 93 FWCC-AG19-119 LANDSCAPE MAINT 288665 11/17/2023 PRO TOUCH AUTO INTERIOR 10/25/2023 62347 $176.16 PD-VEHICLE CLEANING SVC 288700 11/17/2023 THUNDERING OAK ENTERPRI10/26/2023 12322 $3,936 08 PKM-AG19-115 TREE SVC AGREEMEN 288710 11/17/2023 UTILITIES UNDERGROUND, 10/31/2023 3100156 $429.57 SWM-LOCATING SVC AG13-018- 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2728080 $682.64 IT-AG21-019 PRINTER/COPIER MAI 288531 11/17/2023 AGRISHOP INC, 10/31/2023 70790/1 $431.91 FLT-EQUIPMENT PARTS & REPAIRS 288616 11/17/2023 LES SCHWAB TIRE CTRS OF %10/31/2023 37800671103 $68 22 FLT-TIRE REPAIR 288570 11/17/2023 EAGLETIRE &AUTOMOTIVE (10/20/2023 1-51116 $282.98 PD-VEHICLE MAINT 288570 11/17/2023 EAGLE TIRE &AUTOMOTIVE (10/23/2023 1-51129 $242.36 FLT-VEHICLE MAINT 288570 11/17/2023 EAGLE TIRE & AUTOMOTIVE (10/23/2023 1-51133 $169.76 FLT-VEHICLE MAINT Key Bank Page 59 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288684 11/17/2023 SMS CLEANING, 10/20/2023 FEDWAY-1023 $6,278.98 CHB/PKM-AG20-022 JANITORIAL SV 288684 11/17/2023 SMS CLEANING, 10/20/2023 FEDWAY-1023 $5,705,06 CHB/PKM-AG20-022 JANITORIAL SV 288542 11/17/2023 CAR WASH ENTERPRISES, 10/20/2023 SEPTEMBER 2023 $522.00 PD-SEPTEMBER 2023 VEHICLE WAS 288675 11/17/2023 SECOMA FENCE INC, 10/19/2023 27777 $963.38 PKM-MAINT SUPPLS 288570 11/17/2023 EAGLE TIRE & AUTOMOTIVE (10/19/2023 1-51102 $1,532.93 PD-VEHICLE MAINT 288570 11/17/2023 EAGLE TIRE & AUTOMOTIVE (10/19/2023 1-51106 $152.34 PD-VEHICLE MAINT 288665 11/17/2023 PRO TOUCH AUTO INTERIOR 10/18/2023 62333 $423.89 PD-VEHICLE CLEANING SVC 288570 11/17/2023 EAGLE TIRE & AUTOMOTIVE (10/17/2023 1-51090 $173 27 PD-VEHICLE MAINT 288538 11/17/2023 BEN-KO-MATIC CO, OWEN EQ10/19/2023 00112587 $1,909 77 FLT-MAINT & REPAIR SVCS 288606 11/17/2023 JET CHEVROLET, 9/12/2023 CTCS20658 $305.78 PD-VEHICLE MAINT 288656 11/17/2023 PEAK INDUSTRIAL INC, PEAK7/1.8/2023 PSI-260664 B $143.74 FLT-MAINT SVC 288690 11/17/2023 SPEEDY GLASS-TACOMA, 7/28/2023 6005-2180206 $515.57 FLT VEHICLE WINDSHIELD REPAIR 288690 11/17/2023 SPEEDY GLASS-TACOMA, 8/8/2023 6005-2182599 $1,067.24 PD-VEHICLE WINDSHIELD REPAIR 288570 11/17/2023 EAGLE TIRE &AUTOMOTIVE (8/9/2023 1-50513 $83.60 PD-VEHICLE MAINT 288722 11/17/2023 WASHDUP, LLC, 6/30/2023 602 $55.93 FLT-JUNE CAR WASHES 288570 11/17/2023 EAGLE TIRE &AUTOMOTIVE (10/16/2023 1-50989 $2,192.36 PD-VEHICLE MAINT 288570 11/17/2023 EAGLETIRE &AUTOMOTIVE (10/16/2023 1-51077 $271.66 PD-VEHICLE MAINT 288570 11/17/2023 EAGLE TIRE &AUTOMOTIVE (10/16/2023 1-51078 $979.90 PD-VEHICLE MAINT 288570 11/17/2023 EAGLE TIRE &AUTOMOTIVE (10/16/2023 1-51079 $201.20 PD-VEHICLE MAINT 288570 11/17/2023 EAGLE TIRE &AUTOMOTIVE (10/16/2023 1-51080 $93 59 PD-VEHICLE MAINT 288728 11/17/2023 WHIRLWIND SERVICES INC, V'10/12/2023 743553 $91 72 PKM-AG18-003 PARKING LOT VACUU 288728 11/17/2023 WHIRLWIND SERVICES INC, V'10/12/2023 743554 $66 09 PARKS-AG18-003 PARKING LOT VAC 288728 11/17/2023 WHIRLWIND SERVICES INC, V10/12/2023 743556 $128.32 PKM-AG18-003 PARKING LOT VACUU 288640 11/17/2023 MV TOWING LLC, 10/9/2023 29997 $77.07 PD-VEHICLE TOW 288728 11/17/2023 WHIRLWIND SERVICES INC, V'10/12/2023 743549 $339.93 PKM-AG1B-003 PARKING LOT VACUU 288728 11/17/2023 WHIRLWIND SERVICES INC, V'10/12/2023 743550 $87.22 PKM-AG18-003 PARKING LOT VACUU Key Bank Page 60 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288728 11/17/2023 WHIRLWIND SERVICES INC, V'10/12/2023 743551 $217.91 PKM-AG18-003 PARKING LOT VACUU 288728 11/17/2023 WHIRLWIND SERVICES INC, V'10/12/2023 743552 $62 76 PARKS-AG18-003 PARKING LOT VAC 288728 11/17/2023 WHIRLWIND SERVICES INC, V10/11/2023 743532 $62.76 PKM-AG18-003 PARKING LOT VACUU 288728 11/17/2023 WHIRLWIND SERVICES INC, V'10/11/2023 743533 $104 60 PARKS-AG18-003 PARKING LOT VAC 288728 11/17/2023 WHIRLWIND SERVICES INC, V10/11/2023 743534 $81..57 PKM-AG18-003 PARKING LOT VACUU 288728 11/17/2023 WHIRLWIND SERVICES INC, V'10/11/2023 743535 $91.69 PKM-AG18-003 PARKING LOT VACUU 288728 11/17/2023 WHIRLWIND SERVICES INC, V'10/10/2023 743522 $217.91 PKM-AG18-003 PARKING LOT VACUU 288665 11/17/2023 PRO TOUCH AUTO INTERIOR11/1/2023 62661 $330.00 PD-VEHICLE CLEANING SVC 288597 11/17/2023 HOME DEPOT-DEPT 32-25007711/1/2023 7511718 $102.64 SWM-REPAIR & MAINT SUPPLIE 288671 11/17/2023 RIDGELINE SHEET METAL LLC11/1/2023 1379 $825.75 CHB-MAINT SVC 288665 11/17/2023 PRO TOUCH AUTO INTERIOR 11/7/2023 62679 $176.16 PD-VEH MAINT SVC 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2733943 $192.23 IT-AG21-019 PRINTER/COPIER MAI 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2733943 $1,105.29 IT-AG21-019 PRINTER/COPIER MAI 288561 11/17/2023 COPIERS NORTHWEST INC, 10/31/2023 INV2733943 $1,105.30 IT-AG21-019 PRINTER/COPIER MAI 288624 11/17/2023 MACMOR INC, 11/2/2023 18518 $12,242.60 PWST/SWR-AG23-006 2023 RIGHT-0 288624 11/17/2023 MACMOR INC, 11/2/2023 18518 $2,008.72 PWST/SWR-AG23-006 2023 RIGHT-0 288529 11/17/2023 ADVANCED SAFETY & FIRE S\11/2/2023 401442 $604 67 PD-FIRE EXTINGUISHER MAINTENAN 288653 11/17/2023 PACIFIC POWER GROUP LLC,11/6/2023 6576201-00 $330A0 PKM-AG23-124 GENERATOR MAINTEN 288653 11/17/2023 PACIFIC POWER GROUP LLC,11/6/2023 6576202-00 $471.67 PKM-AG23-124 GENERATOR MAINTEN 288653 11/17/2023 PACIFIC POWER GROUP LLC,11/6/2023 6576203-00 $432.76 CHB-AG23-124 GENERATOR MAINTEN 288653 11/17/2023 PACIFIC POWER GROUP LLC,11/6/2023 6576204-00 $565 70 FWCC-AG23-124 GENERATOR MAINTE 288653 11/17/2023 PACIFIC POWER GROUP LLC,11/6/2023 6576206-00 $306.75 PKM-AG23-124 GENERATOR MAINTEN RETAINAGE PAYABLE $4,019.99 288669 11/17/2023 R W SCOTT CONSTRUCTION 110/20/2023 AG20-573 RET RELEASE $4,019.99 PW-AG20-573 SW 296TH AT 14TH R ROAD SVCS/PERMITS-INTGVT $128,429.64 288380 10/31/2023 KING COUNTY FINANCE DIVIS9130/2023 129260-129285 $127,067.48 PWTR-RSD FW PJ#129260-129285 288381 10/31/2023 KING COUNTY FINANCE DIVI89/30/2023 129312-129312 $976.79 SWM-RSD FW PJ#129312-129312 Key Bank Page 61 of 70 Check No, Date Vendor Invoice Date Invoice Description AmountGL Total 288717 11/17/2023 WA STATE DEPT OF TRANSPO0/16/2023 RE 41 JZ1812 L005 $351.28 PW-PROJECT JZ1812 FEES 288716 11/17/2023 WA STATE DEPT OF TRANSPO0/16/2023 RE-313-ATB31016135 $34.11 PW-LA10305R ADV TRAFFIC SIGNAL SALES TAX PAYABLE $3,998.43 1025233485 10/25/2023 WA STATE REVENUE DEPART10/25/2023 601-223-538 $3,997.52 FI-09/23 REMIT SALES TAX 1025233485 10/25/2023 WA STATE REVENUE DEPART10/2512023 601-223-538 $0.91 FI-09/23 REMIT SALES TAX SALES TAX PAYABLE-RECREAT $8,710.73 1025233485 10/25/2023 WA STATE REVENUE DEPART10/25/2023 601-223-538 $270.21 FI-09/23 REMIT SALES TAX 1025233485 10/25/2023 WA STATE REVENUE DEPART10125/2023 601-223-538 $8,440.52 FI-09/23 REMIT SALES TAX SEWER BILLINGS $6,421.36 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 460602 $131.12 PKM-08/23 2645 312TH ST S #191 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10110/2023 3671801 $2,351.12 PKM-08/23 31600 20TH AVE S. M# 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 3837901 $273.20 FWCC-08/23 31201 28TH AVE S M# 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 101 $42.32 PKM-08/23 31132 28TH AVE S M#2 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 824102 $244.48 PKM-08/23 30009 16TH AVE S IRR 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC10/16/2023 888302 $117 80 PKM-08/23 31104 28TH AVE S M#2 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 899802 $3,261.32 PKM-08/23 2410 312TH ST S BEAC SMALL OFFICE APPARATUS $834.19 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $423.86 FI-SMALL APPARATUS 1025234759 11/7/2023 US BANK, 10/25/2023 SEPT 2023 CITY VISA $190 13 FWCC-SMALL EQUIP 288557 11/17/2023 COMPLETE OFFICE, 5/1/2023 2209744-0 $220.20 LAW -OFFICE SUPPLIES SMALL TOOLS - SHOP $1,290.86 288371 10/31/2023 HOME DEPOT-DEPT 32-2500719/14/2023 5511932 $7.12 IT -REPAIR & MAINT SUPPLIES 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $44.00 FWCC-SMALL TOLLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $414 60 CHB-SMALL TOOLS 1025239491 11/5/2023 US BANK, 1012512023 SEPT 2023 PRO VISA $664.00 FWCC-SMALL TOLLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $33 00 CHB-SMALL TOOLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $24.21 FWCC-SMALL TOLLS 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $103.93 SWM-SMALL TOOLS STONE & GRAVEL $91.85 Key Bank Page 62 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288329 10/31/2023 CORLISS RESOURCES INC, 10/16/2023 2034741 $91 85 PWST-CONCRETE SUPPLIES TAXES/ASSESSMENTS-INTERGOVT $51,006.13 1025233485 10/25/2023 WA STATE REVENUE DEPART10/25/2023 601-223-538 $10,405.40 FI-09/23 REMIT SALES TAX 1025233485 10/25/2023 WA STATE REVENUE DEPARTI0/25/2023 601-223-538 $1,374.76 FI-09/23 REMIT SALES TAX 1025233485 10/25/2023 WA STATE REVENUE DEPARTI0/25/2023 601-223-538 $-10,405.40 FI-09/23 REMIT SALES TAX 288382 10/31/2023 KING COUNTY TREASURY DIM0/18/2023 052104-9016-09 $2,247.03 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DN10/18/2023 092104-9026-03 $6,367.99 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DN10/18/2023 092104-9250-00 $93.33 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY D1110/18/2023 122103-9016-01 $99 35 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DN10/18/2023 122103-9146-04 $2,740.56 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DI\,10/18/2023 172104-9014-07 $7,644.68 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DN10/18/2023 172104-9138-08 $10.001.36 FWCC-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY D1110/18/2023 182104-9041-03 $129.41 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DI),10/18/2023 182104-9057-04 $246.43 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DN10/18/2023 192104-9003-08 $7,738-64 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY D1110/18/2023 202104-9015-01 $95.22 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DN10/18/2023 202104-9057-00 $93.98 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DN10/18/2023 292104-9010-07 $1,380.51 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DI%10/18/2023 857500-0010-06 $3,700.94 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DI%10/18/2023 857500-0020-04 $2,126.45 PKM-2ND HALF NOX WEED 288382 10/31/2023 KING COUNTY TREASURY DN10/18/2023 926500-0290-00 $4,771.98 PKM-2ND HALF NOX WEED 288511 10/31/2023 WASHINGTON STATE HEALTH10/16/2023 09-272260 $153.51 HR-ASSESSMENT QTR 3 TIRES $6,542.25 288389 10/31/2023 LES SCHWAB TIRE CTRS OF \9/6/2023 37800661688 $44.04 FLT-VEHICLE MAINT 288389 10/31/2023 LES SCHWAB TIRE CTRS OF \9/15/2023 37800663255 $340.16 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE&AUTOMOTIVE(9/25/2023 1-50925 $1,169.98 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/29/2023 1-50955 $1.164.41 PD-VEHICLE MAINT Key Bank Page 63 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288389 10/31/2023 LES SCHWAB TIRE CTRS OF \8/29/2023 37800660605 $61.64 FLT-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/11/2023 1-51052 $203.59 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/2/2023 1-50983 $1,213.12 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/5/2023 1-51006 $203.59 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (10/5/2023 1-51007 $23-12 PD-VEHICLE MAINT 288342 10/31/2023 EAGLE TIRE &AUTOMOTIVE (9/27/2023 1-50952 $23-12 PD-VEH MAINT 288342 10/31/2023 EAGLE TIRE & AUTOMOTIVE (10/13/2023 1-51054 $23 12 PD-VEHICLE MAINT 288642 11/17/2023 NAPAAUTO PARTS, 10/26/2023 134264 $40.77 FLT-REPAIR & MAINT SUPPLIES 288616 11/17/2023 LES SCHWAB TIRE CTRS OF 17/3/2023 37800651084 $22.02 FLT-TIRE REPAIR 288616 11/17/2023 LES SCHWAB TIRE CTRS OF k6/14/2023 37800648002 $22 02 FLT-TIRE REPAIR 288616 11/17/2023 LES SCHWAB TIRE CTRS OF 19/25/2023 37800664748 $22 02 FLT-TIRE REPAIR 288570 11/17/2023 EAGLE TIRE &AUTOMOTIVE (10/18/2023 1-51093 $934.26 PD-VEHICLE MAINT 288570 11/17/2023 EAGLE TIRE &AUTOMOTIVE (10/20/2023 1-51100 $1,031.27 PD-VEHICLE MAINT TOPSOIL 288562 11/17/2023 CORLISS RESOURCES INC, 10/20/2023 2035176 $95.92 PWST-MAINT SUPPLIES 288562 11/17/2023 CORLISS RESOURCES INC, 10/24/2023 2035426 $127.46 PWST-MAINT SUPPLIES TRAFFIC INFRACTIONS 288488 10/31/2023 TRAN. HOAN 10/18/2023 0992300161872 $115.00 MC -REFUND VIOLATION DISMISSAL TRANSPORTATION EQUIPMENT 288321 10/31/2023 CLARY LONGVIEW LLC, BUD (10/1312023 3PW252 $45,295.00 PD - VEHICLE REPLACEMENTS 2023 288321 10/31/2023 CLARY LONGVIEW LLC, BUD (10/13/2023 3PW252 $3,850 08 Sales Tax 288321 10/31/2023 CLARY LONGVIEW LLC, BUD (10/13/2023 3PW259 $49,145.08 PD - VEHICLE REPLACEMENTS 2023 288321 10/31/2023 CLARY LONGVIEW LLC, BUD (10/11/2023 3PW256 $49,145.08 PD - VEHICLE REPLACEMENTS 2023 288321 10/31/2023 CLARY LONGVIEW LLC, BUD (9/11/2023 3PW251 $49,145.08 PD - VEHICLE REPLACEMENTS 2023 288496 10/31/2023 UPSTATE WHOLESALE SUPPI.9/25/2023 INV30919 $41,237.96 IT-PD 11 GETAC LAPTOPS FOR POL 288520 11/9/2023 CLARY LONGVIEW LLC, BUD (9/25/2023 3PT763 RE -ISSUE $48,934.59 PD-2023 FORD POLICE INTERCEPTO 288620 11/17/2023 LICENSING SERVICES LTD DE10/24/2023 10/24/2023 $247.00 - PD-LICENSING FEE $223.38 $115.00 $289,592.74 Key Bank Page 64 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288614 11/17/2023 LARSEN SIGN CO., 11/7/2023 33308 $864.29 PD-VEHICLE GRAPHICS REPLACE SV 288614 11/17/2023 LARSEN SIGN CO., 10/31/2023 33273 $864.29 PD-SIGNS 288614 11/17/2023 LARSEN SIGN CO., 11/2/2023 33288 $864.29 PD-SIGNS UNEMPLOYMENT SERVICES - CLAIMS $3,130.72 288506 10/31/2023 WA STATE EMPLOYMENTSEC9/30/2023 2023 UBI 601-223-538 $3,130.72 HR-UI TAX REIMB SEPT 2023 WASTE DISPOSAL BILLINGS $4,488.69 288396 10/31/2023 MCDONOUGH & SONS INC, 10/2/2023 269802 $150.00 PWST-AG23-008 2023 STREET SWEE 288380 10/31/2023 KING COUNTY FINANCE DIVI89/30/2023 148173 $1,014.30 PWST-SOLID WASTE DISPOSAL 288297 10/31/2023 ALL BATTERY SALES & SERVI10/5/2023 300-10124931 $49.08 SWR-COLLECTION, TRANSPORTATION 288297 10/31/2023 ALL BATTERY SALES & SERVI10/5/2023 300-10124931 $4.96 Sales Tax 288297 10/31/2023 ALL BATTERY SALES & SERVI10/18/2023 300-10125846 $118.59 SWR-COLLECTION, TRANSPORTATION 288297 10/31/2023 ALL BATTERY SALES & SERVI10/18/2023 300-10125846 $11.98 Sales Tax 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $30.34 SWR-WASTE DISPOSAL 1025239491 11/5/2023 US BANK, 10/25/2023 SEPT 2023 PRO VISA $44,44 SWR-WASTE DISPOSAL 288604 11/17/2023 JAMES SANTERELLI ENTERPF10/31/2023 221878 $675.00 PW - PROVIDE COLLECTION, SHRED 288619 11/17/2023 LIBERTY TIRE RECYCLING, LL10/1/2023 2592686 $2.390.00 SWR-DUMP & TIRE RECYCLING WATER BILLINGS $19,816.19 288479 10/31/2023 TACOMA PUBLIC UTILITIES, 10/4/2023 100048250 $219.89 DBC-8/24/23-09/22/23 PUBLIC 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 482303 $30.02 PWST-08/23 28866 PACIFIC HWY S 288385 10/31/2023 LAKEHAVEN UTILITY DISTRICI0/10/2023 482405 $30.02 PWST-08/23 28850 PACIFIC HWY S 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 460602 $253 34 PKM-08/23 2645 312TH ST S #191 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 2049903 $30.02 PKM-08/23 31531 1STAVE S M#59 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 1941803 $3,324 66 PKM-08/23 31600 20 AVE S M#191 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 3336101 $723 16 PWST-08/23 31026 PACIFIC HWY S 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 3364101 $30.02 PWST-08123 1618 S 288TH ST IRR 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 3481301 $30.02 PWST-08/23 SR 99 S 279TH TO S 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 3540201 $30.02 PWST-08/23 29627 PACIFIC HWY S Key Bank Page 65 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 3540301 $30.02 PWST-08/23 28719 PACIFIC HWY S 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 3545101 $30.02 PWST-08/23 29102 PACIFIC HWY S 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 3568101 $771.32 PWST-08/23 30799 PAC HWY IRRIG 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 3586001 $93.82 PKM-08/23 31531 1STAVES M#42 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC10/10/2023 3621801 $30.02 PWST-08/23 1401'SW 312TH STREE 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/10/2023 3671801 $1,876.58 PKM-08/23 31600 20TH AVE S. M# 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 835904 $249.30 PWST-08/23 30421 16AVE S IRR 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 3088801 $30 02 PWST-08/23 2000 312 ST S IRR M 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 3200201 $582.04 PWST-08/23 32001 WEYERHAEUSER 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 3642501 $30.02 PWST-08/23 30801 14TH AVE S M# 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 3653601 $287.14 PWST-08/23 31114 28 AVE S M#20 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 3657701 $144.94 PWST-08/23 1456 S 308TH ST RO 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 3702201 $438.58 PWST-08/23 1119 S DASH POINT R 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 3791001 $536.60 PWST-08/23 2139 S 316TH #19211 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 3837901 $205 78 - FWCC-08/23 31201 28TH AVE S M# 288385 10/31/2023 LAKEHAVEN UTILITY DISTRIC10/20/2023 3568001 $30.02 PWST-09/23 30399 PACIFIC HWY S 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/4/2023 2832301 $30.02 PKM-06/23 30619 16TH AVE SW M# 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/4/2023 2984001 $30.02 PKM-08/23 31850 7TH AVE SW M#2 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 924602 $30.02 PKM-08/23 2301 S 292ND ST IRR 288613 11/17/2023 LAKEHAVEN UTILITY DISTRICI0/16/2023 896402 $30.02 PKM-08/23 2410 312TH ST #22141 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 899802 $2.636.24 PKM-08123 2410 312TH ST S BEAC 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10116/2023 888103 $223.02 CHB-08/23 31132 28TH AVE S M#2 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 888302 $87.48 PKM-08/23 31104 28TH AVE S M#2 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIG10/16/2023 822402 $2,176.78 PKM-08/23 30009 16TH AVE S IRR 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC10/16/2023 824102 $307.42 PKM-08/23 30009 16TH AVE S IRR 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 2322804 $165 08 PAEC 8/23 31510 20 AVE S. IRR Key Bank Page 66 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC10/16/2023 2814401 $3,143.24 PKM-08/23 2645 312TH IRR/ANNEX 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/16/2023 101 $30.02 PKM-08/23 31132 28TH AVE S M#2 288613 11/17/2023 LAKEHAVEN UTILITY DISTRIC'10/20/2023 3033601 $859.44 PKM-09/23 28159 24TH PL S M#22 WITNESS FEESMUROR FEES $2,989.02 54438 10/19/2023 BURKHARDT, EDWIN 6/14/2023 09/14/2023 $18.48 MC JURY PAY 54480 10/19/2023 LEWIS, ROBERT H 7/20/2023 07/20/2023 $39 36 MC - JURY PAY 54482 10/19/2023 LOGG, JAMES BRIAN 7/20/2023 07/20/2023 $17.93 MC JURY PAY 54494 10/19/2023 MONTGOMERY, QUTANA SHAL7/20/2023 07/20/2023 $38 20 MC JURY PAY 54456 10/19/2023 DONAHOE, THOMAS JOHN 7/20/2023 07/20/2023 $41.70 MC JURY PAY 54444 10/19/2023 CLESS, DUANNE LEE 7/20/2023 07/20/2023 $19.10 MC JURY PAY 54421 10/19/2023 AIAR, MARIA-BELLALORETO 7/20/2023 07/20/2023 $19.68 MC JURY PAY 54423 10/19/2023 ALLKURTI, RENATO 7/20/2023 07/20/2023 $19.68 MC JURY PAY 54512 10/19/2023 WRIGHT-WEST, LORRAINE 7/20/2023 07/20/2023 $18.51 MC JURY PAY 54509 10/19/2023 ROME, NICHOLAS TYLER 7/20/2023 07/20/2023 $16.76 MC JURY PAY 54510 10/19/2023 SCHIMELPFENIG, SHARON LE7/20/2023 07/20/2023 $17 34 MC JURY PAY 54469 10/19/2023 HAMLING, LOREN TAGA 7/20/2023 07/20/2023 $18.51 MC JURY PAY 54449 10/19/2023 DEMERS, RITA M 7/20/2023 07/20/2023 $38 20 MC JURY PAY 54503 10/19/2023 ONORATI, MICHAEL LAWREN(7/20/2023 07/20/2023 $19.10 MC JURY PAY 54436 10/19/2023 BROEHL, MARLYS M 7/20/2023 07/20/2023 $20.27 MC JURY PAY 54511 10/19/2023 SHPAK, YULIYA 7/20/2023 07/20/2023 $37.02 MC JURY PAY 54426 10/19/2023 AZZAM, WASIM 7/20/2023 07/20/2023 $19.68 MC JURY PAY 54471 10/19/2023 HASBARGEN, GLENNA MARIE7/20/2023 07/20/2023 $17 93 MC JURY PAY 54454 10/19/2023 DODSON, KISKA DENEEN 7/20/2023 07/20/2023 $35.86 MC JURY PAY 54437 10/19/2023 BRUAN, BRANDON JONATHA�7/20/2023 07/20/2023 $19.68 MC JURY PAY 54463 10/19/2023 GALLARDO, YHADIRA 7/20/2023 07/20/2023 $38.20 MC JURY PAY 54452 10/19/2023 DINKINS, KYLE HUNTER 7/20/2023 07/20/2023 $18 51 MC JURY PAY Key Bank Page 67 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 54493 10/19/2023 MERTENS, NICOLE 8/23/2023 08/23/2023 $18 12 MC JURY PAY 54425 10/19/2023 ASHBAUGH, KAREN 8/23/2023 08/23/2023 $19.44 MC JURY PAY' 54443 10/19/2023 CHEEMA, JASMEEN 8/23/2023 08/23/2023 $18.49 MC JURY PAY. 54507 10/19/2023 PEARCY, DAVID 8/23/2023 08/23/2023 $18.82 MC JURY PAY 54472 10/19/2023 HOLMAN, PERRY 8/23/2023 08/23/2023 $54 49 MC JURY PAY 54473 10/19/2023 HONG, SOUL 8/23/2023 08/23/2023 $21.70 MC JURY PAY 54462 10/19/2023 GAINEY, JEREMY 8/23/2023 08/23/2023 $38 24 MC JURY PAY 54427 10/19/2023 BAEHLER, SHELLY 8/23/2023 08/23/2023 $57.47 MC JURY PAY 54446 10/19/2023 CONNOLLY, THOMAS 8/23/2023 08/23/2023 $58.76 MC JURY PAY 54470 10/19/2023 HAN, CHONGSUK 8/23/2023 08/23/2023 $16.40 MC JURY PAY 54500 10/19/2023 OKEEFE, ERIC 8/23/2023 08/23/2023 $53.35 MC JURY PAY 54429 10/19/2023 BELL, CHARLES 8/23/2023 08/23/2023 $18.78 MC JURY PAY 54432 10/19/2023 BLUBAUGH, MARK 8/23/2023 08/23/2023 $18.65 MC JURY PAY 54448 10/19/2023 DANIEL, WILLIAM MC 8/23/2023 08/23/2023 $18,70 MC JURY PAY 54495 10/19/2023 MORENO, ADELFA 8/23/2023 08/23/2023 $21.19 MC JURY PAY 54508 10/19/2023 PENA, BERNARDINO 8/23/2023 08/23/2023 $62.69 MC JURY PAY 54488 10/19/2023 MCGREW, BRYCE 8/23/2023 08/23/2023 $20.51 MC JURY PAY 54475 10/19/2023 HOPKINS, DANIEL 8/23/2023 08/23/2023 $60.61 MC JURY PAY 54476 10/19/2023 JAASUND, GAIL 8/23/2023 08/23/2023 $21.39 MC JURY PAY 54496 10/19/2023 MORRISSEY, J 8/23/2023 08/23/2023 $18.16 MC JURY PAY 54501 10/19/2023 OLSON, JENNIFER 8/23/2023 08/23/2023 $18 70 MC JURY PAY 54457 10/19/2023 DONHAUSER, JOHN 8/23/2023 08/23/2023 $.17.81 MC JURY PAY 54465 10/19/2023 GOMEZ, MAE 8/23/2023 08/23/2023 $20,15 MC JURY PAY 54431 10/19/2023 BERGER, DARREL 9/14/2023 09/14/2023 $21.25 MC JURY PAY 54428 10/19/2023 BECTON, WILLIAM 9/14/2023 09/14/2023 $31.49 MC JURY PAY 54464 10/19/2023 GATES, WILLIAM 9/14/2023 09/14/2023 $32.75 MC JURY PAY Key Bank Page 68 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGLTotal 54487 10/19/2023 MCELROY, KAREN 9/14/2023 09/14/2023 $37.11 MC JURY PAY 54497 10/19/2023 MOUNTJOY, MICHAEL 9/14/2023 09/14/2023 $37 81 MC JURY PAY 54485 10/19/2023 LUONG, HOANG 9/14/2023 09/14/2023 $38.72 MC JURY PAY 54442 10/19/2023 CALIN, MUGUREL 9/14/2023 09/14/2023 $43 38 MC JURY PAY 54483 10/19/2023 LOPEZ, MONIKA 9/14/2023 09/14/2023 $38.67 MC JURY PAY 54435 10/19/2023 BRADBURY, JULIE 9/14/2023 09/14/2023 $35.64 MC JURY PAY 54441 10/19/2023 CABODI, ALAN 9/14/2023 09/14/2023 $19 30 MC JURY PAY 54450 10/19/2023 DEWATER, CHRISTINA 9/14/2023 09/14/2023 $33 02 MC JURY PAY 54505 10/19/2023 OWENS, RIAN 9/14/2023 09/14/2023 $35.37 MC JURY PAY 54506 10/19/2023 PARKER, LISA 9/14/2023 09/14/2023 $37.66 MC JURY PAY 54489 10/19/2023 MECONI, MICHAELJAMES 9/14/2023 09/14/2023 $38.64 MC JURY PAY 54459 10/19/2023 FAUSSETT, KYLE 9/14/2023 09/14/2023 $42 88 MC JURY PAY 54445 10/19/2023 COLE, GERALDINE 9/14/2023 09/14/2023 $17.24 MC JURY PAY 54460 10/19/2023 FINK, JANET 9/14/2023 09/14/2023 $38.92 MC JURY PAY 54461 10/19/2023 FLAVIN,JULIA 9/14/2023 09/14/2023 $18.45 MC JURY PAY 54484 10/19/2023 LOVELL, LORA 9/14/2023 09/14/2023 $19.89 MC JURY PAY 54458 10/19/2023 ESHETE, AKLILU 9/14/2023 09/14/2023 $34.99 MC JURY PAY 54477 10/19/2023 KAMPE, ERIK 9/14/2023 09/14/2023 $41.34 MC JURY PAY 54490 10/19/2023 MEEKER, EMILY 9/14/2023 09/14/2023 $20.19 MC JURY PAY 54492 10/19/2023 MERRICK, DARYL 9/14/2023 09/14/2023 $32.75 MC JURY PAY 54439 10/19/2023 BURTON, BRUCE 9/14/2023 09/14/2023 $52.67 MC JURY PAY 54498 10/19/2023 NABAWANGA, LYDIA 9/14/2023 09/14/2023 $18.48 MC JURY PAY 54430 10/19/2023 BELTRAN, MARIA 6/14/2023 09/14/2023 $54.90 MC JURY PAY 54478 10/19/2023 KIDANE, NEBIL 9/14/2023 09/14/2023 $54.22 MC JURY PAY 54479 10/19/2023 LANDERS, TERESA 9/14/2023 09/14/2023 $38.32 MC JURY PAY 54451 10/19/2023 DIBBLE, THERESA 9/14/2023 09/14/2023 $40.41 MC JURY PAY Key Bank Page 69 of 70 Check No. Date Vendor Invoice Date Invoice Description AmountGL Total 54455 10/19/2023 DOLL, WILLIAM 9/14/2023 09/14/2023 $33.20 MC JURY PAY 54466 10/19/2023 GREENE, KAREN 9/14/2023 09/14/2023 $39,63 MC JURY PAY 54474 10/19/2023 HOOVER, TIMOTHY 9/14/2023 09/14/2023 $40-03 MC JURY PAY 54502 10/19/2023 ONISHCHENKO, ESTHER 9/14/2023 09/14/2023 $38.72 MC JURY PAY 54504 10/19/2023 OVERMAN, RICHARD 9/14/2023 09/14/2023 $18.50 MC JURY PAY 54424 10/19/2023 ARCIAGA, RHAYALANI 9/14/2023 09/14/2023 $22.80 MC JURY PAY 54491 10/19/2023 MERCADO, NICHOLAS 9/14/2023 09/14/2023 $58,38 MC JURY PAY 54486 10/19/2023 MARTINSON. AMY 9/14/2023 09/14/2023 $65.87 MC JURY PAY 54440 10/19/2023 BUTEAU, ANDREAMARIE 9/14/2023 09/14/2023 $57.17 MC JURY PAY 54434 10/19/2023 BOGEN. ANITA 9/14/2023 09/14/2023 $54.94 MC JURY PAY 54467 10/19/2023 GRIGORYAK, BENJAMIN 9/14/2023 09/14/2023 $54.49 MC JURY PAY 54447 10/19/2023 CORTEZ, BEVERLY 9/14/2023 09/14/2023 $20.73 MC JURY PAY 54499 10/19/2023 NEVELS, BLONDELL 9/14/2023 09/14/2023 $63.79 MC JURY PAY 54433 10/19/2023 BODLE, CARMEL 9/14/2023 09/14/2023 $21.25 MC JURY PAY 54453 10/19/2023 DIZON, CESAR 9/14/2023 09/14/2023 $36-98 MC JURY PAY 54422 10/19/2023 ALLEN-RICHARDS, DENISE 9/14/2023 09/14/2023 $18 75 MC JURY PAY 54468 10/19/2023 HAMIDANI, MUHAMMED Y 9/14/2023 09/142/023 $35.95 MC JURY PAY 54481 10/19/2023 LIU, TAO 7/20/2032 07/20/2023 $19 10 MC JURY PAY 54513 11/6/2023 PERCIVAL. DIANE LEE 1/12/2023 01/12/2023 $39.96 MC -JURY PAY WORK RELEASE $17,332.31 288290 10/31/2023 2 WATCH MONITORING INC, 9/1/2023 49640 $6,864.25 PD-HOME MONITORING- 288344 10/31/2023 EHM WASHINGTON LLC, 8/8/2023 27337 $54.81 PD-MONITORING SVC 288344 10/31/2023 EHM WASHINGTON LLC, 9/30/2023 28067 $315.00 PD-MONITORING SVC 288344 10/31/2023 EHM WASHINGTON LLC, 9/30/2023 28891 $63.00 PD-MONITORING SVC 288344 10/31/2023 EHM WASHINGTON LLC, 9/30/2023 28938 $270 00 PD-MONITORING SVC 288401 10/31/2023 MOON SECURITY SVC INC, 9/30/2023 12063356 $210.00 PD-HOUSE ARREST Key Bank Page 70 of 70 Check No, Date Vendor Invoice Date Invoice Description AmountGL Total 288344 10/31/2023 EHM WASHINGTON LLC, 9/18/2023 28816 $90.00 PD-MONITORING SVC 288630 11/17/2023 MOON SECURITY SVC INC, 10/31/2023 1206357 $217.00 PD-HOUSE ARREST 288572 11/17/2023 EHM WASHINGTON LLC, 10/31/2023 28892 $325.50 PD-MONITORING SVC 288572 11/17/2023 EHM WASHINGTON LLC, 10/31/2023 29280 $279.00 PD-MONITORING SVC 288630 11/17/2023 MOON SECURITY SVC INC, 8/31/2023 1202030 $196.00 PD-HOUSE ARREST 288572 11/17/2023 EHM WASHINGTON LLC, 8/31/2023 28066 $325.50 PD-MONITORING SVC 288572 11/17/2023 EHM WASHINGTON LLC, 8/31/2023 28642 $155.00 PD-MONITORING SVC 288572 11/17/2023 EHM WASHINGTON LLC, 8/31/2023 28655 $279.00 PD-MONITORING SVC 288524 11/17/2023 2 WATCH MONITORING INC, 11/1/2023 49946 $7,688.25 PD-COURT ORDERED HOME MONITORI Total $4,468,716.41 10/20/2023 CW-PAYROLL VOUCHERS 10/01-10/15 $1,813,340.36 11/03/2023 CW-PAYROLL VOUCHERS 10/16-10/31 $2,327,398.14 TOTAL OCTOBER 2023 PAYROLL $4,140,738.50 COUNCIL MEETING DATE: ITEM #: 6d- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY PUBLIC SCHOOLS AND LAKEHAVEN WATER AND SEWER DISTRICT AND SOUTH KING FIRE AND VIRGINIA MASON FRANCISCAN HEALTH TO ESTABLISH THE GREATER FEDERAL WAY COMMUNITY EMERGENCY MANAGEMENT PROGRAM (GFWCEMP) POLICY QUESTION: Should the council approve the proposed interlocal agreement? COMMITTEE: FEDRAC MEETING DATE: Nov 28, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kevin Pellet' DEPT: Emergency Management Attachments: 1. Staff Report 2. Proposed ILA Options Considered: 1. Approve the proposed ILA. 2. Do not approve proposed ILA and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: of DIRECTOR APPROVAL* XIAI Zot Ldr7 X. in tee [1Nnci1 Initial/Date in Iial/Dat Isiilial/Dalc COMMITTEE RECOMMENDATION: I move to forward the proposed Interlocal Agreement to the {� 2023, consent agenda for approval. L i COmm tee Chair Co umsttee Member &Cn Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Interlocal greement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 17, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Kevin Pelley, Emergency Manager SUBJECT: 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY PUBLIC SCHOOLS AND LAKEHAVEN WATER AND SEWER DISTRICT AND SOUTH KING FIRE AND VIRGINIA MASON FRANCISCAN HEALTH TO ESTABLISH THE GREATER FEDERAL WAY COMMUNITY EMERGENCY MANAGEMENT PROGRAM (GFWCEMP) Financial Impacts: There is no cost to the City to approve the ILA and establish the GFWCEMP. If not approved, the City will not be eligible for federal reimbursement for costs incurred in a presidentially declared disaster in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, PL 100-707. If approved, the City may request reimbursement for 87.5% of costs incurred in a Federal Disaster. Background Information: In 2005, The City of Federal Way entered into an interlocal agreement between Federal Way Public Schools, Lakehaven Water and Sewer District, South King Fire, and Virginia Mason established the GFWCEMP. This ILA expired in 2015. It was not renewed, but the parties continued the program. FEMA requires all jurisdictions to submit a Comprehensive Emergency Management Plan (CEMP) to their state Emergency Management Division every five years. The City of Federal Way and the GFWCEMP last submitted a CEMPs in 2015. The City requested and was granted an extension for submission by December 31, 2023. This ILA is required to reestablish the GFWCEMP which is the organization that creates, revises, approves, and submits the CEMP. Without the ILA, the City of Federal Way cannot submit the CEMP and will not be eligible for federal funding to reimburse costs associated with a federal disaster. Rev. 7/18 CITY OF CITY HALL �Way Feder l Avenue South Federal Way, V��A 98003-6325 ---,"Federal (253) 835-7000 vAvw cr[yoifederalway cam INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY PUBLIC SCHOOLS AND LAKEHAVEN WATER AND SEWER DISTRICT AND SOUTH KING FIRE AND VIRGINIA MASON FRANCISCAN HEALTH THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Federal Way, ("City"), Federal Way Public Schools ("School District"), Lakehaven Water and Sewer District ("Lakehaven"), South King Fire ("Fire District"), and Virginia Mason Franciscan Health ("Virginia Mason") (collectively "Parties"). WHEREAS, the Parties agree that development of a comprehensive, strategic emergency management program is important to life, health, and safety of the Greater Federal Way community; and WHEREAS, the Parties agree that interagency coordination and management of the Greater Federal Way disaster area is important to the Greater Federal Way community; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities. The Parties agree as follows: 1. TERM AND TERMINATION. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of final execution, and shall continue until a majority of its members withdraw. Any Party to this Agreement may be discharged from its obligations hereunder upon 45 days written notice to all other Parties. 2. PURPOSE. The purpose of this Agreement is to establish the Greater Federal Way Community Emergency Management Program (GFWCEMP), an oversight committee, known as the GFWCEMP Oversight Committee", and a planning team known as the "GFWCEMP Planning Team" to administer the activities of GFWCEMP. 3. GFWCEMP. The GFWCEMP will establish and periodically update plans and operational procedures to mitigate, prepare for, respond to, and recover from emergencies and disasters. The City of Federal Way Emergency Manager is responsible for managing the GFWCEMP. The Chief Executive of each GFWCEMP Member Agency will maintain and exercise direction and control of their agency or organization. The GFWCEMP does not address ordinary day-to-day operations or established agency and departmental procedures. This program will prepare for and respond to emergencies, disasters, and planned events that exceed the capacity or capabilities of one or more agencies and/or departments. 4. GFWCEMP OVERSIGHT COMMITTEE. The GFWCEMP Oversight Committee shall consist of the Mayor of the City of Federal Way, Federal Way Public Schools Superintendent, Lakehaven Water and Sewer General Manager, South King Fire Chief, and a Virginia Mason Franciscan Health Official. The GFWCEMP Oversight Committee will meet twice each year to review the progress, provide direction, and approve plans and other documents of the GFWCEMP. INTERLOCAL AGREEMENT - 1 - 4/2023 CITY or- CITY HALL -" -&Federal 1Na Feder 8th Avenue South Federal Way, 1NA 98003-6325 (253) 835-7000 mw cityoffederalway. cam 5. GFWCEMP PLANNING TEAM. The GFWCEMP Planning Team will consist of the City of Federal Way Emergency Manager and designees from the School District, Lakehaven, the Fire District, Virginia Mason, Federal Way Police Department, Community Emergency Response Team, and Emergency Communication Response Team. The GFWCEMP Planning Team will meet at least monthly to update plans, train, and conduct exercises as defined in their annual plan approved by the GFWCEMP Oversight Committee. 6. SEMI-ANNUAL REPORT. The City of Federal Way Emergency Manager will report twice each year to the GFWCEMP Oversight Committee. They will provide a recommended annual schedule once each year as developed by the GFWCEMP Planning team. They will provide updates to the Comprehensive Emergency Management Plan annually, and submit revisions for recertification to Washington State Emergency Management Division at least every five years. 7. INDEMNIFICATION. Each Party agrees to indemnify, defend and hold the other Parties, their 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 solely caused by the negligent acts, errors or omissions of the Party, its partners, shareholders, agents, employees, or by the Party's breach of this Agreement. 8. GENERAL PROVISIONS. 8.1 Severability. Should any provision of this Agreement, or its application to any person or situation, be declared unenforceable or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Agreement or its application to any other person or situation, but shall instead continue in full force and effect to the extent permitted by law. 8.2 Execution. Each individual executing this Agreement on behalf of the Parties represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. 9. FILING OF AGREEMENT. This Agreement shall be filed with the King County Auditor or listed on the City's website consistent with the requirements of Chapter 39.34 RCW. INTERLOCAL AGREEMENT - 2 - 4/2023 � CITY OF 11111 e d e ra ay CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vmwelyoffederatway. com 10. NOTICES. Any notices required to be given by any of the Parties shall be delivered at the addresses set forth below: CITY OF FEDERAL WAY: Mayor's Office 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 853-2402 (telephone) (253) 853-2409 (facsimile) j im.ferrell(-acit-yoffederalway.com FEDERAL WAY PUBLIC SCHOOLS: Superintendent 33330 8th Avenue S. Federal Way, WA 98003 (253) 945-2008 (telephone) (253) 945-2001 (facsimile) SOUTH KING FIRE: Fire Chief Fire Station 62 - Headquarters 31617 1st Ave South Federal Way WA 98003 253-839-6234 (telephone) 253-529-7204 (facsimile) dave.valkenbur southki CITY OF FEDERAL WAY: Emergency Manager - 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 853-2712 (telephone) (253) 853-2409 (facsimile) kevin. pelleypacityoffederalway. com LAKEHAVEN WATER AND SEWER DISTRICT: General Manager 31627 1st Ave S Federal Way, Washington 98003 253-946-5401 (telephone) 253-941-1516 (facsimile) VIRGINIA MASON FRANCISCAN HEALTH: Chief Operating Officer St. Francis Hospital 3415 9tn Ave S Federal Way, WA 98003 253-530-2252 (telephone) 253-124-6798 (facsimile) rory.wally(acommonspirit. [Signature page follows] 1NTERLOCAL AGREEMENT - 3 - 4/2023 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South 8003 Federal Way, 1nlA 98003-6325 (253) 835-7000 wimcityoifederalway con? IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor. DATE: FEDERAL WAY PUBLIC SCHOOLS: Dr. Dani Pfeiffer, Superintendent DATE: LAKEHAVEN WATER AND SEWER DISTRICT: John Bowman, General Manager DATE: SOUTH KING FIRE Dave Van Valkenburg, Fire Chief DATE: VIRGINIA MASON FRANCISCAN HEALTH: Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney DATE: Dino Johnson, Chief Operating Officer, St. Anthony Hospital, Virginia Mason Franciscan Health DATE INTERLOCAL AGREEMENT - 4 - 4/2023 COUNCIL MEETING DATE: December 5, 2023 ITEM #: `-' e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GRANICUS PROPOSAL AND MASTER LICENSE AND SERVICES AGREEMENT POLICY QUESTION: Should Council authorize the Granicus Proposal and Master License and Services Agreement for the AMANDA Platform annual support? COMMITTEE: FEDRAC CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Thomas Fichtner, IT Director MEETING DATE: November 28, 2023 ❑ Public Hearing ❑ Other DEPT: Information Technology Attachments: 1. Staff Report 2. Granicus Proposal and Master License and Services Agreement Options Considered: 1. Approve the Granicus Proposal and Master License and Services Agreement. 2. Do not approve the Granicus Proposal and Master License and Services Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 11 II l DIRECTOR APPROVAL: I �� ;il ./QIS, [ni�iallDaze COMMITTEE RECOMMENDATION: I move to forward the Granicus Proposal and Master License and Services Agreement to the December 5, 2023 consent agenda for approval. f ComrrWnee Chair Co mittee Member Com i e Member PROPOSED COUNCIL MOTION: "I move approval of the Granicus Proposal aW Master License and Services Agreement, for the AMANDA Platform annual support, for a total 3-year amount not to exceed $185, 023.38. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 16, 2023 TO: City Council Members VIA: Jiro Ferrell, Mayor FROM: Thomas Fichtner, IT Director SUBJECT: Granicus Proposal and Master License and Services Agreement Financial Impacts: The cost to the City for the Granicus Proposal Master License and Services Agreement for the AMANDA Platform annual support is included within the approved 2023/2024 IT Operations Budget. The Agreement is for a 3-year term and costs will be $58,593.43 (2024), $61,523.08 (2025), and $64,906.87 (2026) for each respective year. Background Information: Granicus provides the City annual support for the AMANDA Platform. The AMANDA Platform is a system utilized by the Community Development and Public Works departments to track permitting for building and right-of-way projects within the City. Historically, the AMANDA annual support was paid on a year-to-year basis. However, Granicus is now requiring AMANDA annual support customers to have agreements spanning multiple years. The agreement being proposed is for a 3-year term. Rev. 7/ 18 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A1 6-582C4EC9A1 9A G GRAN ICUS THIS IS NOT AN INVOICE Granicus Proposal for Federal Way WA ORDER DETAILS Prepared By: Marilyn Fletcher Phone: Email: marilyn.fletcher@granicus.com Order #: Q-301478 Prepared On: 14 Nov 2023 Expires On: 31 Dec 2023 ORDER TERMS Order Form Prepared for Federal Way WA Currency: USD Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: 01 Jan 2024 - 31 Dec 2026 Order #: Q-301478 Prepared: 14 Nov 2023 Page 1 of 6 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A GRANICUS PRICING SUMMARY Order Form Federal Way WA The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Renewing Subscription Fees Solution Billing Quantity/Unit Annual Fee Frequency AMANDA Concurrent User License Annual 32 Each $16,173.44 Maintenance AMANDA Batch Scheduler Module Annual 1 Each $3,000.00 Maintenance Annual 1 Each $3,376.17 AMANDA Conditions Management Module Maintenance AMANDA Enhanced Inspection Deficiency Annual 1 Each $3,855.65 Module Maintenance AMANDA Enterprise Authentication Annual 1 Each $1,285.22 Adaptor Maintenance AMANDA IVR Gateway Module Annual 1 Each $3,320.29 Maintenance AMANDA Permit Module Maintenance Annual 1 Each $5,312.48 AMANDA Web Services Module Annual 1 Each $6,851.43 Maintenance Amanda Legacy Extended Support Annual 1 Each $10,043.69 SUBTOTAL $53,21 t .37 Order #: Q-301478 Prepared: 14 Nov 2023 Page 2 of 6 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A GRANICUS FUTURE YEAR PRICING Order Form Federal Way WA Period of Performance Solution(s) qftiis- 01 Jon 2025 - 31 Dec 2025 01 Jon 2026 - 31 Dec 2026 AMANDA Concurrent User License Maintenance $16,982.11 $17,916.13 AMANDA Batch Scheduler Module Maintenance $3,150.00 $3,323.25 AMANDA Conditions Management Module $3,544.98 $3,739.95 Maintenance AMANDA Enhanced Inspection Deficiency $4,048.43 $4,271.10 Module Maintenance AMANDA Enterprise Authentication Adaptor $1,349.48 $1,423.70 Maintenance AMANDA IVR Gateway Module Maintenance $3,486.30 $3,678.05 AMANDA Permit Module Maintenance $5,578.10 $5,884.90 AMANDA Web Services Module Maintenance $7,194.00 $7,589.67 Amanda Legacy Extended Support $10,545.87 $11,125.90 SUBTOTAL: $55,879.27 $58,952.65 Order #: Q-301478 Prepared: 14 Nov 2023 Page 3 of 6 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A GRANICUS PRODUCT DESCRIPTIONS Order Form Federal Way WA BMW= Descrh`= AMANDA Concurrent User User license for accessing Amanda Platform. License Maintenance AMANDA Batch Scheduler Scheduler to execute batch jobs including business logic and reports. Module Maintenance AMANDA Conditions Property based Conditions tracking and enforcement in Permits. Management Module Maintenance AMANDA Enhanced Inspection Manage Code Books that govern inspections Deficiency Module Maintenance AMANDA Enterprise Single Sign -On features for backoffice users Authentication Adaptor Maintenance AMANDA IVR Gateway Module Adaptor to connect to external IVR systems. Maintenance AMANDA Permit Module Case Management capabilities for Permitting cases. Maintenance AMANDA Web Services Module Webservices APIs to build system integrations. Maintenance Order #: Q-301478 Prepared: 14 Nov 2023 Page 4 of 6 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A G GRANICUS Order Form Federal Way WA TERMS & CONDITIONS • This quote, and all products and services delivered hereunder are governed by the terms located at Exhibit A attached hereto, including any product -specific terms included therein (the "Master License and Services Agreement"). • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-301478 dated 14 Nov 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice is. the responsibility of Federal Way WA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. Order #: Q-301478 Prepared: 14 Nov 2023 Page 5 of 6 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A1 6-582C4EC9A1 9A GGRAN ICUS BILLING INFORMATION Billing Contact. o11111IV O-LUUNW33. Billing Email: Order Form Federal Way WA Purchase Order [ ]-No wired? [ ] - Yes PO Number: If PO required Billing Phone: __ If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-301478 dated 14 Nov 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Federal Way WA Sic Nc Titl Dc Granicus, LLC ;Signature: —Docuftned by: yast fn.let�r x =9A3COZ8GF 5949E iKimberly Rosenberger contracts Manager !Date: 11/16/2023 Order #: Q-301478 Prepared: 14 Nov 2023 Page 6 of 6 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A The Master License and Services Agreement (the "MLSA") is the governing document for the entire relationship in the event of a Purchaser's entry into an Order. The MLSA is the agreement between the parties of the terms that will govern future Orders. An Order is the mechanism by which the parties agree to a single transaction/purchase of services or scope of work, and any specific or special terms or information related to such. The MLSA allows the parties to more quickly negotiate future Orders because they can rely on the strong foundation of the MLSA for future business, so that the same terms need not be repetitively negotiated, and the parties need only negotiate terms specific to each Order. The MLSA specifies terms that will be consistent across all Orders, such as product warranties, intellectual property ownership, dispute resolution, and the like. Each provision of software and services is negotiated in an Order, and will contain project -specific information to specify the specific provision of software and/or services, schedule, price, and the like. The MLSA is not the same as an Order. The MLSA does not control the specifics such as hours or the amount of payment. It does not address specific projects or jobs. If there is a conflict between the terms of the MLSA, the Orders, and the Exhibits, the documents will govern in the following order: (1) the Order, as to any matter that the MLSA expressly permits to be controlled by a term of the Order, (2) the Exhibits, and (3) the MLSA. GRAN ICUS Exhibit A MASTER LICENSE AND SERVICES AGREEMENT This Master License and Services Agreement ("MLSA") is effective as of January 1, 2024 ("Effective Date") and is between the Granicus entity defined in Section 1 below ("Granicus") and the government office, agency or other entity identified in an Order (as defined below) as the purchaser (the "Purchaser"). TERMS AND CONDITIONS 1. DEFINED TERMS The following words, when capitalized, have the meaning stated: Agreement means, collectively, this MLSA, the Order(s), and any addenda, appendix, or exhibit attached to any of them, as any of them may be amended pursuant to Section 18.4 (Amendments). Granicus means: (i) if Purchaser is domiciled in the United States of America or any country other than Canada, Granicus LLC, a Minnesota Limited Liability Company, or (ii) if Purchaser is domiciled in Canada, Granicus Canada Holdings, ULC, a British Columbia Unlimited Liability Company. DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A Deliverable means any work product to be delivered to Purchaser pursuant to an Order for Professional Services, as expressly identified as a "Deliverable" in the applicable Order, provided that the term "Deliverable" shall never include the Software and any modifications, enhancements, or upgrades thereto, or derivative works therefrom. Delivery Date means, with respect to Purchaser Controlled Software, the date on which Granicus makes the Software and enabling information available on Granicus' internet-accessible download site. Documentation means any commercially available, general release version of any user manuals, administration guides, installation guides, specifications, configuration guides, or reference architectures for the Products, whether in print or digital form, issued by Granicus. The term "Documentation" does not include any FAQ whitepapers, or marketing materials. Enhancement means general release functional enhancements to the Software that Granicus includes as part of its standard Software license offering without additional charge. Go -Live Date means the date that the Software is accessible or useable in a production environment. High -Risk Use means any use of the Software where any failure or fault of any kind (including any delay or error) may result in death, personal injury, or severe physical or environmental damage, such as the operation of aircraft or other modes of human mass transportation air traffic control systems, nuclear or chemical facilities, life support systems, medical equipment or devices, motor vehicles, and weaponry systems. Hosted Software Services means Granicus' provision of remote access via the Internetto a dedicated instance of the Software hosted by Granicus, and Support for that dedicated instance. Intellectual Property means any right recognized as intellectual property in any jurisdiction worldwide or any information or materials eligible for recognition as intellectual property with the passage of time, filing of an application, or other event. Examples of Intellectual Property include copyrights, trade secrets, patents, trademarks, service marks, trade names, trade dress, moral rights, the right to make a governmental application to register or issue any of them, and the right to prosecute an infringement action in respect of any of them. Maintenance means Updates and Enhancements provided to Purchaser as part of a subscription for Hosted Services or as part of an Order for Support. Malware means viruses, spyware, adware, or other unauthorized code or information that is designed to interrupt the normal use of the Software or the systems on which any part of the Software is installed, destroy or corrupt any data, or covertly transmit information regarding Purchaser or the Users to a third -party. Personal Data means any information about an identified or identifiable natural person that Purchasers, Purchaser Users or Public Users provide to Granicus for storage or processing in connection with Services. Product means, collectively, the Software, Support, and Hosted Software Services offered by Granicus on a general release basis, and purchased by Purchaser under an Order. Professional Services means certain implementation, configuration or customization services relating to the Software provided by Granicus to Purchaser pursuant to the Agreement. "Professional Services" does not include Support. Purchaser Controlled Software means Software licensed to Purchaser for installation on hardware owned or controlled by Purchaser (which control may be effectuated through a contract with a third party hosting vendor or service), in accordance with the applicable Order. Purchaser Information means all information, data or other materials that Purchaser or Users provide to Granicus for storage or processing in connection with Services, including Personal Data. DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A1 6-582C4EC9A1 9A Purchaser Third -Party Technology means any hardware, peripherals, components, devices, equipment, software, or other technology that Purchaser uses in connection with the Software that is not provided to Purchaser by Granicus. Purchaser Third -Party Technology includes technology that Granicus offers as a license reseller for the third party, but that is covered by a separate end user license agreement between the third -party licensor and the Purchaser. Public Users means the members of the public with whom Purchaser is authorized to interact under applicable statutes, regulations, or other government authorization, such as individuals or businesses seeking permits or licenses. Purchaser Users means Purchaser's personnel authorized by Purchaser to use the Software. Service or Services means, collectively, Support, Hosted Software Services, Professional Services, and any other services provided by Granicus to Purchaser pursuant to an Order. Service Commencement Date means the date on which Granicus has completed implementation and enabled Purchaser's remote administrative access to the deployed Hosted Software Services. Software means the generally -available commercial release version of the Granicus software identified on a Purchaser's Order, as such software may be updated from time to time by Granicus. "Software" does not include Purchaser Third -Party Technology, but notwithstanding anything to the contrary in this Agreement, the term "Software" will be interpreted to include third party technology that Granicus embeds or integrates into the generally -available commercial release version of the Granicus software identified on a Purchaser's Order. For clarity, the term "Software" also includes all of the following: (i) Updates, Enhancements, and other modifications to the applicable Granicus software; (ii) any application programming interface or other control plane, dashboard, or other interface for the applicable Granicus software; (iii) any online portal for the management of Purchaser's account for the applicable Granicus software; and (iv) any analytics or other tools provided by Granicus for use with the Software or Services. Support means technical assistance and Maintenance provided pursuant to Exhibit B, Support Terms. Update means bug fixes, error corrections, and minor changes to the Software. Users means, collectively, Public Users and Purchaser Users. 2. ORDERS 2.1. General. Purchaser and Granicusmuenter into one or more mutually -executed orders, statements of work, service orders, or other transaction documents under this MLSA pursuant to which Purchaser will purchase Granicus software licenses and related services (each, an "Order"). Except as specified in an Order, nothing in this MLSA obligates Purchaser to purchase, or Granicus to provide, any licenses or services. Each Order is subject to the terms, conditions, and restrictions stated in this MLSA. 2.2. Order for Professional Services. If an Order is entered into that contemplates the provision of Professional Services, such Order will include, at a minimum, the following: (i) the name and contact information for Granicus' designated project manager; (ii) the name and contact information for Purchaser's designated project manager; (iii) a description of the services to be performed by Granicus; (iv) an identification of the Deliverables; (v) the fixed -price or time and material fees for the Professional Services; (vi) the start date, expected delivery dates for Deliverables, dates for any other milestones and the anticipated end date for the Professional Services ("Schedule"); (vii) Purchaser's obligations and other requirements necessary for completion of the Professional Services; (viii) acceptance criteria and testing plans (if applicable) for Deliverables relating to fixed -price Services ("Acceptance Criteria"); and (ix) any other special terms that apply to the Statement of Work. 2.2.1. Change Orders. Purchaser may request changes to any Order for Professional Services by providing a written request to Granicus. Upon such request, the parties shall negotiate in good faith on a change order to 3 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A incorporate any changes requested and any appropriate changes to the Order for Professional Services, including any appropriate changes to the schedule for performance or fees (each, a "Change Order"). No Change Order will be binding unless it has been accepted in writing by both parties. For significant change requests, Granicus may require Purchaser to pay Granicus' hourly time and materials rate for time spent to evaluate the request and create a scope of work, provided that Granicus must obtain Purchaser's written agreement prior to charging any fees for evaluation and scoping services. 2.3. No Other Software or Services. Granicus has no obligation to provide software or services to Purchaser other than the Software and Services described in an Order. Any software or services provided by Granicus to Purchaser other than the Software and Services described on an Order are provided AS IS and AS AVAILABLE with no representation or warranty whatsoever. 3. SOFTWARE LICENSE 3.1. License. Subject to Purchaser's full compliance with the terms of the Agreement, Granicus hereby grants Purchaser a limited, non-exclusive, non -transferable license to use the Software described in the applicable Order for permitting, regulatory compliance, docket management, licensing, information requests, and other government activities that the Purchaser is authorized by law to provide. 3.1.1. License Type. Unless the Order expressly states that the license granted with respect to any Software is perpetual, Purchaser's license for all Software is a subscription license. 3.1.2. Restrictions on Users. Except as expressly authorized in the Agreement, Purchaser may not allow any person to use the Software other than: (i) Public Users, and (ii) Purchaser Users, each subject to the terms of the Agreement. Purchaser is responsible for the use of the Software in violation of the Agreement by any person that Purchaser has authorized or allowed to use the Software. 3.1.3. General Restrictions. Purchaser may not: (i) use the Software for any High -Risk Use, (ii) reproduce, modify, translate or adapt the Software or create any derivative works of the Software, (iii) reverse engineer, decode, disassemble, or de -compile the Software or otherwise attempt to access or derive the source code or architectural framework of the Software, (iv) remove any copyright, trademark, or other proprietary notices that appear on or with the Software, (v) use, or permit any person to use, the Software for the purpose of benchmarking or developing a competing software program or service, (vi) rent, lease, lend, sell or sublicense the Software or otherwise provide access to the Software as part of a service bureau or similar fee -for -service purpose, or (vii) use or transfer the Software in violation of any applicable law or regulation, such as export control laws and regulations. 3.1.4. Territory Restrictions. Purchaser may only authorize Public Users to use the Software with respect to activities subject to or related to Purchaser's jurisdiction. Purchaser may permit Purchaser Users to use the Software from Purchaser's offices in Purchaser's jurisdiction, or remotely from the Purchaser User's home or other location, subject to applicable export control laws and regulations. 3.2. Evaluation License. If Purchaser has been provided the Software for use on a "test," "evaluation," "lab," "NFR," "proof of concept," "temporary," or similar basis (an "Evaluation License"), then Purchaser's license term is as stated in the Evaluation License, or if no term is stated, 30 days from the day the Software is provided to Purchaser for installation, and Purchaser may use the Software only in a non -production environment for the purpose of evaluating the Software for a production license. Additionally, any Software provided under an Evaluation License is ineligible for any maintenance or support from Granicus during the term of the Evaluation License. 3.3. License Metric. 3.3.1. Per User. If the Software is licensed on a per -user basis, then Purchaser must pay a license fee for each individual who has access to the administrative features of the Software (each a "Seat"). A seat may not be 4 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A used by more than one individual. A seat may be transferred from one individual user to another provided that the transfer is intended to be a permanent transfer and not a means of sharing a single seat. Purchaser must require each individual to establish a unique log in name and password. 3.3.2. Concurrent Users. If the Software is licensed on a concurrent user basis, then Purchaser must pay a license fee for each user wishing to access the Software on a simultaneous basis. 4. SERVICES AND SUPPORT 4.1. Professional Services. If an Order is entered into that contemplates the provision of Professional Services: 4.1.1. Acceptance Testing. Granicus shall provide each Deliverable to Purchaser for testing pursuant to the Acceptance Criteria. If the applicable Order for Professional Services does not specify any such testing procedure, the testing procedure in this Section 4.1.1 will apply. Upon Granicus' completion of a Deliverable, Granicus shall provide the Deliverable to Purchaser for testing. If Purchaser determines that a Deliverable fails to conform in any material manner to the Acceptance Criteria, Purchaser shall give Granicus written notice of such non-conformance, specifying in detail the manner of non-conformance ("Notice of Deficiency"), within five (5) days after Granicus provides the Deliverable to Purchaser for testing ("Testing Period"). If (i) the Testing Period for a Deliverable concludes without Purchaser giving a Notice of Deficiency to Granicus, or (ii) Purchaser puts any Deliverable "into production" (i.e. makes the Deliverable available for use in its own production environment), then the Deliverable will be deemed accepted by Purchaser. In the event Purchaser issues a Notice of Deficiency within the Testing Period, Granicus shall use commercially reasonable efforts to resolve any non-conformance identified in the Notice of Deficiency and resubmit the Deliverable to Purchaser for testing pursuant to this Section 4.1.1. If the applicable Order for Professional Services does not specify any Acceptance Criteria, each Deliverable shall be deemed accepted unless Purchaser provides Granicus with written notice that such Deliverable materially fails to meet the specifications for such Deliverable set forth in the Order for Professional Services within five (5) days after Granicus provides such Deliverable to Purchaser, in which case such Deliverable will be subject to the testing procedure set forth in this Section 4.1.1. 4.1.2. Purchaser's General Obligations. Purchaser must provide all of the resources and perform all of the tasks assigned to it as described in any Order for Professional Services. Purchaser acknowledges that its failure to meet its obligations under such an Order, or to otherwise provide all reasonable cooperation in connection with Granicus' performance of the Professional Services, may result in delays and changes to the Schedule, a reduction in the functionality of any Deliverables, and increases in the fees for such Professional Services. If Granicus provides onsite Professional Services, Purchaser must provide a safe and suitable facility for the performance of the Services, including facilities that comply with applicable laws, regulations and industry standards for health, safety, and security. Purchaser must backup all software configurations and data that Granicus personnel will access as part of the Professional Services before Granicus begins the Professional Services and store the backup on a separate environment. 4.1.3. Policies. Granicus shall ensure that its personnel, while visiting Purchaser's facilities or accessing Purchaser's network or other information systems, comply with Purchaser's reasonable, then -current health, safety and security policies and procedures and other rules and regulations applicable to Purchaser's personnel at those facilities or accessing such network or other information systems that have been communicated to Granicus in advance. 4.2. Hosted Software Services. If an Order is entered into that contemplates the provision of Hosted Software Services, Granicus will install the applicable Software on computing infrastructure managed by a third -party (the "Third -Party Infrastructure"), which may be accessed remotely via the Internet using technology provided or approved in advance by Granicus or the provider of such Third -Party Infrastructure. 4.2.1. Third -Party Infrastructure. Separate legal terms identified in the Order may govern Purchaser's use of the Third -Party Infrastructure, including the Third -Party Infrastructure provider's acceptable use policy. Granicus DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A1 6-582C4EC9A1 9A makes no availability or other service level commitments for the Third -Party Infrastructure, except that it will use commercially reasonable efforts to obtain any credit that may be due under the terms of the agreement between Granicus and such Third -Party Infrastructure provider, if any, and will pass through any credit received by Granicus to Purchaser. The pass -through commitment stated in this Section 4.2.1 constitutes Purchaser's sole and exclusive remedies, and Granicus' sole and exclusive obligations, for any unavailability of the Third -Parry Infrastructure. 4.3. Support. Granicus will provide Support for the Software in accordance with the terms stated in the applicable Order and in Exhibit B. 5. PURCHASER GENERAL OBLIGATIONS 5.1. Security. Purchaser must use reasonable security in connection with its use of the Software and Services, such as requiring users to establish reasonably complex passwords, and using commercially available Malware scanning on its own systems. The Software is designed to be configurable to Purchaser's specifications. Purchaser is responsible for determining if the Software configuration chosen by Purchaser meets its security requirements. 5.2. Account Contacts and Access Control Lists. Purchaser shall update its account contacts and access control lists so that they remain accurate at all times. Purchaser acknowledges that Granicus may act on the instructions of an individual who is designated by Purchaser as having the authority to give the instruction in the Purchaser Support Portal until Purchaser has removed the individual from that role using the means provided via the Support Portal. 5.3. Compliance with Law. Purchaser must use all Granicus software, services, technology or materials, including the Software and the Services (the "Granicus Technology") in compliance with all applicable laws, rules, and regulations, including: 5.3.1. Privacy Laws. Purchaser represents and warrants that it has given all required notices and obtained all necessary consents for Granicus' use and disclosure of the Purchaser Information as required or permitted by the Agreement. 5.3.2. Export Control Laws. Purchaser may not permit any person to access or use the Granicus Technology in a U.S. or Canadian -embargoed country or in violation of any U.S., Canadian or other applicable export control law or regulation, or in a manner that causes Granicus to be in violation of such laws or regulations, even if the use is permitted by the laws applicable to Purchaser or Users. Each party represents that it is not on any restricted persons'list maintained by the U.S., Canada, or any member of the European Union. 5.4. Specially Regulated Data. Purchaser may not use the Software or Services to process any protected personal health information subject to U.S. "HIPAA" or "PIPEDA" regulations, any payment card data, or any other data subject to a special regulatory or industry security requirement or specification. 6. FEES 6.1. Fees. Purchaser shall pay Granicus or the party designated in the Order the fees set forth in each applicable Order. Fees are non-refundable except as expressly stated otherwise in the Agreement. 6.2. Expenses. With respect to any Order that is entered into that contemplates the provision of Professional Services, Purchaser shall reimburse Granicus for its reasonable air and ground transportation; lodging, meals, and reasonable incidentals (such as fees for Wi-Fi connections) incurred in performance of the Professional Services. Granicus will provide receipts or other reasonably, customary evidence to support its expense invoices. 6.3. Taxes. All fees stated in the Agreement are exclusive of any sales, value added, use, excise, goods and services, import/export duties and levies, and like transactions taxes ("Sales Tax"). Purchaser is solely responsible for paying DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A1 6-582C4EC9A1 9A all applicable Sales Tax. If Granicus has the legal obligation to collect any Sales Tax, Purchaser shall reimburse Granicus upon invoice. If applicable law requires Purchaser to withhold any taxes from its payments to Granicus, Purchaser shall promptly provide documentation of the withholding as reasonably requested by Granicus, including documentation necessary to support Granicus' claim for any foreign tax withholding credit, and take reasonable steps to minimize such payments. 6.4. Payments. Fees are due thirty (30) days from invoice date. Fees must be paid in U.S. Dollars unless (i) Purchaser is domiciled in Canada, in which case fees must be paid in Canadian Dollars or (ii) another currency is stated in the Order. Unless otherwise agreed, Purchaser must establish and maintain authorizations necessary for Granicus to collect its invoices via ACH. Granicus may charge interest on overdue amounts at the lesser of 1.5% per month or the highest rate permitted under applicable law. If any payment is more than fifteen (15) days past due, Granicus may suspend all or any part of the Services, begin legal collection efforts, or both. Granicus may charge Purchaser a reasonable fee to reinstate its Services after a suspension. Purchaser shall be liable to Granicus for Granicus' reasonable expense of collection, including court costs and attorneys' fees. 7. WARRANTY AND DISCLAIMERS 7.1. Software Warranty. Unless otherwise stated in the applicable Order, Granicus warrants that (i) Granicus shall use commercially reasonable efforts to avoid introducing Malware to the Software or the systems on which the Software is installed, and (ii) for ninety (90) days from the Go -Live Date, the general release version of the Software initially provided to the Purchaser will conform to the applicable Documentation in all material respects. The warranty period shall not be extended or renewed by the provision of any Support. As Purchaser's sole and exclusive remedies, and Granicus' sole and exclusive obligations, for a breach of the warranty stated in this Section 7.1. Granicus will repair or replace the non -conforming element of the Software, provided that if repair or replacement is not commercially feasible, then Granicus may terminate the applicable Order and refund any related license fees paid by the Purchaser to Granicus. Asa condition to the warranty remedy stated in this Section 7.1, Purchaser must: (a) give notice to Granicus of the warranty breach during the warranty period or within 30 days after the end of the warranty period; and (b) cooperate with Granicus' reasonable requests for information and assistance, including information necessary to reproduce the defect. The warranty does not apply to the extent a non -conformity is due to: (1) the Purchaser's failure to comply with the installation, operation, environmental, and other requirements or specifications stated in the Agreement or the Documentation; (2) fire, flood, or other casualty; (3) any configuration or implementation of the Software deviating from the guidance or specifications set forth in the applicable Documentation implemented by the Purchaser or implemented by Granicus at Purchaser's request; or (4) the interoperation between the general release version of the Software and any custom modules or Purchaser Third - Party Technology. 7.2. Services Warranty. Granicus warrants that it will provide Services in a professional manner through appropriately trained personnel, using generally -accepted industry standards and practices. As Purchaser's sole and exclusive remedies, and Granicus' sole and exclusive obligations, for a breach of the warranty stated in this Section 7.2, Granicus will correct or re -perform the deficient Services, provided that if correction or re -performance is not commercially feasible, then Granicus may terminate the applicable Order and refund any fees paid by the Purchaser to Granicus for the applicable Service. As a condition to the warranty remedy stated in this Section 7.2, Purchaser must: (a) give notice to Granicus of the warranty breach within 30 days after completion of the applicable portion of the Services; and (b) cooperate with Granicus' reasonable requests for information and assistance. The warranty does not apply to the extent any non -conformity arises from: (i) any specifications, code, diagnostic or other tools, or any other materials provided by Purchaser; (ii) the integration, operation, modification, or use of the Services in any manner not explicitly authorized by Granicus, and (iii) any changes to the network environment after the Services were rendered. 7.3. Foreign Corrupt Practices Act. Each party represents, warrants and covenants that: (i) in connection with the Agreement, it has not and will not make any payments or gifts or any offers or promises of payments or gifts of any kind, directly or indirectly, to any official of any government or any agency or instrumentality thereof; and (ii) it shall comply in all material respects with the U.S. Foreign Corrupt Practices Act, the Canadian Corruption of Foreign DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A1 6-582C4EC9A1 9A Public Officials Act, and any other applicable law or regulation relating to anti -corruption or transactions with foreign nationals. 7.4. Disclaimers. ALL PRODUCTS AND SERVICES PROVIDED BY GRANICUS UNDER THE AGREEMENT ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRANICUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND (EXCEPT AS SET FORTH IN SECTION 7), EXPRESS OR IMPLIED, INCLUDING: (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT; (ii) ANY WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; AND (iii) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY OR COMPLETENESS OF THE PRODUCTS AND SERVICES PROVIDED UNDER THE AGREEMENT, OR THAT USE OF SUCH PRODUCTS AND SERVICES WILL BE ERROR -FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEETTHE REQUIREMENTS OF CUSTOMER OR ITS USERS. 7.5. No High -Risk Use. THE PRODUCTS AND SERVICES PROVIDED UNDER THE AGREEMENT ARE NOT FAULT -TOLERANT OR DESIGNED OR SUITABLE FOR HIGH -RISK USE. USE OF ANY SUCH PRODUCTS OR SERVICES IN CONNECTION WITH ANY HIGH -RISK USE IS STRICTLY PROHIBITED, AND PURCHASER AND USERS BEAR SOLE RESPONSIBILITY FOR ANY OF THEIR HIGH -RISK USE. 8. UNSUPPORTED SOFTWARE AND SERVICES; PRE-RELEASE TECHNOLOGY 8.1. Unsupported Software and Services. If Purchaser requests a non-standard configuration or implementation of that Software or Services, Granicus may designate such Software or Services as "non-standard," "unsupported," or a similar designation (collectively "Unsupported" Software or Services). Unsupported Software and Services are not covered by warranties, service level agreements, security commitments, maintenance or support commitments, or indemnities, and may not be used to process or store Personal Data. Unsupported Software and Services are provided AS IS, AS AVAILABLE and WITH ALL FAULTS, with no representation or warranty whatsoever. Granicus expressly disclaims all liability for any loss or damage arising from Purchaser's use of any Unsupported Software or Services. 8.2. Pre -Release Technology. Granicus may invite Purchaser to use services or functionality which are designated as test, beta, pilot, limited release, developer preview, non -production, evaluation, or other similar description ("Pre - Release Technology"). Pre -Release Technology shall be considered Unsupported Software or Services. Granicus may discontinue Pre -Release Technology at any time in its sole discretion and delete all Purchaser Information associated with the Pre -Release Technology. 9. INTELLECTUAL PROPERTY 9.1. Purchaser IP. Purchaser retains all right, title, and interest in and to the Purchaser Information and all related Intellectual Property, including the content of reports and other output generated by Purchaser by using the Software or Services, and any modifications to the Purchaser Information that result from the use of the Software or Services. Granicus may use Purchaser Information solely for the purpose of providing Software and Services in accordance with the Agreement. 9.2. Deliverables 9.2.1.Ownership. Each Deliverable shall be deemed specially commissioned by Purchaser and considered "work made for hire" as that term is defined in the United States Copyright Act. The parties agree that Purchaser is and shall be considered the author of each Deliverable and shall at all times be the sole owner of all rights, title and interest (including all Intellectual Property) in and to all Deliverables. If and to the extent that any jurisdiction fails to deem any Deliverable a work made for hire owned by Purchaser, then Granicus hereby irrevocably assigns to Purchaser all rights, title and interest (including all Intellectual Property) in and to such Deliverable. To the extent that any of Granicus' rights in any Deliverable, including any moral rights or similar DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A rights, are not capable of assignment under applicable law, Granicus hereby irrevocably and unconditionally waives all enforcement of such rights against Purchaser. 9.2.2. Granicus-Owned Materials. Notwithstanding Section 9.2.1, Purchaser acknowledges and agrees that Deliverables may include Granicus-Owned Materials. "Granicus-Owned Materials" means, with respect to any Order for Professional Services, any Intellectual Property that: (i) Granicus owned prior to the effective date of such Order for Professional Services; (ii) Granicus creates or acquires, or is created on behalf of Granicus, independent from any Professional Services under the applicable Order for Professional Services; (iii) Granicus creates or acquires, or is created on behalf of Granicus, in connection with Professional Services that consists of general-purpose code, tools, libraries, modules, designs, scripts, templates, program listings, processes, interfaces, methodologies or frameworks not created based upon any specific, proprietary specifications provided by Purchaser; and (iv) any modification, improvement, adaptation, translation or derivative work based upon any materials covered by the preceding clause (i), (ii) or (iii). Granicus retains sole ownership of all rights, title and interest in and to all Granicus-Owned Materials (including all Intellectual Property therein). To the extent that any Deliverables incorporate any Granicus-Owned Materials, Granicus hereby grants to Purchaser a perpetual, worldwide, non-exclusive, royalty -free license to install, use, modify and reproduce such Granicus-Owned Materials as part of such Deliverables, but only for the internal business purposes of the Purchaser for permitting, regulatory compliance, docket management, licensing, information requests, and other government activities that Purchaser is authorized by law to provide. 9.3. Granicus IP. Except as expressly set forth in Section 9.2, Purchaser acknowledges and agrees that Granicus and its licensors own all right, title and interest (including all Intellectual Property) in and to the Software and Services and any modifications, customizations, enhancements, or upgrades thereto, and derivative works therefrom. 9.4. Feedback. If Purchaser elects to provide or make available to Granicus any suggestions, comments, ideas, improvements or other feedback relating to the any of Granicus' existing or proposed products or services ("Feedback"), Purchaser hereby grants Granicus and its service providers a perpetual, irrevocable, worldwide, royalty -free, fully -paid -up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Feedback (in any form and any medium) for any purpose, without credit or compensation to Purchaser. 9.5. Publicity; Use of Marks. Unless otherwise agreed in the Order, Purchaser agrees that Granicus may publicly disclose that it is providing Software and Services to Purchaser and may use Purchaser's name and logo to identify Purchaser in promotional materials, provided that Granicus does not state or imply that Purchaser endorses Granicus' products or services. 9.6. General Reservation of Rights. Except for the rights and licenses expressly granted in the Agreement, each party retains all right, title, and interest in and to its information and technology and all related Intellectual Property. The parties agree that no license may arise by estoppel or course of conduct. 9.7. Restricted Rights Notices. This Section 9.7 applies to access to or use of the Software by a branch or agency of the United States Government. The Software and Documentation consist of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 and qualifies as "commercial items" as defined in 48 C.F.R. 2.101. The Software and Documentation are provided to the United States Government: (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in the Agreement with respect to the Software and Documentation, and any access to or use of the Software or Documentation by the United States Government constitutes: (a) agreement by the United States Government that that the Software and Documentation are "commercial computer software" and "commercial computer software documentation" as defined in this Section 9.7; and (b) acceptance of the rights and obligations herein. 0 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A 10. PURCHASER THIRD -PARTY TECHNOLOGY 10.1. Disclaimers. The Software or Services may be used with Purchaser Third -Party Technology. Purchaser Third -Party Technology is used, acquired, or licensed by Purchaser on separate terms between the Purchaser and the third - party. Purchaser Third -Party Technology is not "Software" or "Services" under the Agreement and is Unsupported as provided in Section 8. Subject to the express warranty in Section 7 any use of Purchaser Third -Party Technology and any technical assistance provided by Granicus in connection with the interoperation of Purchaser Third -Party Technology with the Software and Services is provided AS IS and AS AVAILABLE. 10.2.Purchaser-Provided Licenses. If Purchaser uses any Purchaser Third -Party Technology for use in connection with the Software or Services, Purchaser represents and warrants to Granicus that Purchaser has secured all necessary rights for Granicus to use such Purchaser Third -Party Technology. 10.3. Referrals to Third -Party Service Providers. As a convenience to Purchaser, Granicus may identify unaffiliated third parties who perform technology management, migration, or other services useful to Purchaser. Granicus does not endorse any third party, and makes no representation or warranty whatsoever regardingthird parties it identifies for Purchaser's consideration. Purchaser is solely responsible for investigating the third party's qualifications and skills. 11. CONFIDENTIAL INFORMATION 11.1.Defined. "Confidential Information" means information disclosed by a party or its affiliates (the "Discloser"), to the other party or its affiliates (the "Recipient"), identified in good faith by the Discloser as being confidential or proprietary, or information that, under the circumstances, should reasonably be understood to be confidential or proprietary, regardless of the form or manner in which it is disclosed, and regardless of whether the information is marked or designated as confidential. Confidential Information shall include the terms and conditions of the Agreement, the source code and architectural framework of the Software, API specifications, data files and structures, information relating to future releases of the Software and pricing information and business plans provided by either party. 11.2.Use and Disclosure of Confidential Information. Recipient may not disclose Discloser's Confidential Information except to Recipient's employees, and to third parties who need to know the information to perform Recipient's obligations or exercise Recipient's rights under the Agreement, provided that all such employees and third -party recipients must be bound by written confidentiality obligations covering the Confidential Information that are no less stringent than those stated in the Agreement. Recipient shall not use the Confidential Information except as necessary to the performance of its obligations or the exercise of its rights under the Agreement. Recipient will use no less than reasonable care to protect the Confidential Information from unauthorized use and disclosure. Recipient shall return or destroy the Confidential Information upon expiration or termination of the Agreement or upon Discloser' earlier request, provided that Recipient may retain the Confidential Information as part of its reasonable and customary records retention policies. Recipient is responsible for a breach of this Section 11 by its agents or representatives. 11.3.Exceptions to Confidentiality Obligations. Recipient's obligations of confidentiality and limited use under the Agreement shall not apply to Confidential Information that: (i) can be demonstrated to have been publicly known at the time of Discloser's disclosure of such Confidential Information to Recipient; (ii) becomes part of the public domain or publicly known, by publication or otherwise, not due to any unauthorized act or omission by Recipient; (iii) can be demonstrated to have been independently developed or acquired by Recipient without reference to or reliance upon such Confidential Information; (iv) is provided to Recipient by a third party who is under no obligation to Discloser to keep the information confidential; or (v) is required to be disclosed by law, provided that Recipient shall take reasonable actions to minimize such disclosure and promptly notify Discloser, to the extent permitted by law, so that Discloser may take lawful actions to avoid or minimize such disclosure. 10 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A1 6-582C4EC9A1 9A 12. SECURITY AND PRIVACY. 12.1.Security. On request, Granicus will make available to Purchaser its materials documenting Granicus' security safeguards (the "Granicus Security Materials"). Purchaser acknowledges that the Granicus Security Materials are sensitive Confidential Information of Granicus and may be viewed and distributed only within Purchaser's organization on a need -to -know basis. PURCHASER ACKNOWLEDGES THAT GRANICUS IS NOT RESPONSIBLE FOR ANY LOSS OR HARM SUFFERED BY PURCHASER OR A USER RESULTING FROM A SECURITY INCIDENT EXCEPT TO THE EXTENT THE SECURITY INCIDENT RESULTS FROM GRANICUS'S MATERIAL FAILURE TO COMPLY WITH THE SAFEGUARDS DESCRIBED IN THE GRANICUS SECURITY MATERIALS. Purchaser is responsible for determining if GRANICUS's safeguards meet applicable regulatory standards and otherwise comply with Purchaser's security requirements. 12.2.Privacy. Personal Data shall be considered Purchaser "Confidential Information" covered by the Granicus commitments stated in Section 11. Granicus makes the following additional commitments regarding Personal Data: (i) Granicus will provide Purchaser with access to the Personal Data, to the extent stored and maintained by Granicus, as necessary for Purchaser to comply with applicable legal requirements for access, destruction, or modification of the Personal Data at the request a data subject; and (ii) subject to applicable law and instructions from relevant law enforcement agencies, Granicus will notify Purchaser in writing without undue delay if it discovers that any Personal Data has been accessed, used, disclosed, destroyed, or corrupted other than as permitted by the Agreement, will provide all information reasonably available to it regarding the reported event, and will cooperate with Purchaser's reasonable requests to mitigate and remediate the event. 13. TERM AND TERMINATION 13.1.Term of MLSA. The "Initial Term" of this MLSA begins on the Effective Date and continues until the first anniversary of the Effective Date. Upon expiration of the Initial Term, this MLSA will automatically renew for successive renewal terms of one year each (each, a "Renewal Term"), until either party notifies the other of non -renewal at least 30 days before the expiration of the Initial Term, or then -current Renewal Term, as applicable. If any Order is in effect at the time of the expiration or termination of this MLSA, then as it applies to such Order only, the term of this MLSA will be extended until the expiration or termination of such Order, including any renewals of the Order. 13.2.Term of Order. The "Initial Order Term" is typically stated in each Order as "Period of Performance", but if no Initial Order Term is stated in an Order the Initial Order Term of such Order is one year. Except as expressly provided otherwise in an Order, the Order will automatically renew for consecutive renewal terms of the same length as the Initial Order Term (each a "Order Renewal Term"), unless either party gives the other party notice of non -renewal at least 60 days priorto the expiration of the Initial Order Term, or then current Order Renewal Term, as applicable. 13.3.Termination for Cause. Notwithstanding anything to the contrary, either party may terminate this MLSA or any Order as follows: (i) upon written notice to the other party of a material breach of this MLSA or any Order by the other party, which breach the other party does not cure within thirty (30) days after receipt of written notice of the breach, but, where a breach affects only a particular Order, termination will be limited to that Order; or (ii) upon written notice to the other party in the event the other party becomes insolvent or bankrupt; becomes the subject of any proceedings under bankruptcy, insolvency or debtor's relief law; has a receiver or manager appointed; makes an assignment for the benefit of creditors; or takes the benefit of any applicable law or statute in force for the winding up or liquidation of such party's business. Notwithstanding the termination of this MLSA or any Order for any reason, neither party will be relieved of any duty, obligation, debt or liability that arose or accrued prior to the effective date of termination. 13.4.Termination for Convenience. Either party may terminate this MLSA for convenience at any time without liability to either party by giving thirty (30) days advance written notice. 11 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9Al9A 13.5.Obligations on Expiration, Termination. On expiration or termination of an Order: (i) all rights granted to Purchaser under such Order immediately terminate, except that any perpetual licenses granted to Purchaser shall survive unless the Order was terminated by Granicus for Purchaser's breach, (ii) Purchaser must immediately cease all use of the Software and related materials and information, except for Software covered by a surviving perpetual license, (iii) within seven (7) days of such expiration or termination, Purchaser must uninstall and destroy all Software and related materials and information within its custody or control, except for Software covered by a surviving perpetual license, and (iv) unless otherwise agreed in the applicable Order, all fees for any subscription license, Support, or other Services fees for the remaining term of the Order are immediately due and payable. 13.6.Survival. The following provisions survive expiration or termination of this MLSA: Section J (Defined Terms), as to any defined terms used in other surviving sections, Section 6 (Fees) as to any fees remaining unpaid at the time of expiration or termination, Section 9 (Intellectual Property), Section 11 (Confidential Information), Section 12.1 (Privacy), Section 13.5 (Obligations on Expiration, Termination), Section 13.6 (Survival), Section 14 (Indemnification), Section 15 (Limitation of Liability), Section 16 (Records and Audit), Section 17 (Governing Law, Disputes), and Section 18 (Miscellaneous), and any other provisions that by their nature are intended to survive expiration or termination of the Agreement. 14. INDEMNIFICATION 14.1. By Granicus. Granicus will defend, indemnify and hold Purchaser harmless from and against all losses, liabilities, damages and expenses including reasonable attorney fees (collectively, "Losses") arising from any claim or suit by an unaffiliated third party that the Product or Deliverables, as delivered to Purchaser and when used in accordance with this Agreement and the applicable Order, infringes a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order (a "Claim"). If the Product or Deliverables are subject to a claim of infringement or misappropriation, or if Granicus reasonably believes the Product or Deliverables may be subject to such a Claim, Granicus reserves the right, in its sole discretion, to: (i) replace the affected Product or Deliverables with non - infringing functional equivalents; (ii) modify the affected Product or Deliverable to render it non -infringing; or (iii) terminate this Agreement or the applicable Order with respect to the affected Product or Deliverable and refund to Purchaser any prepaid fees for the then -remaining portion of the Order. Granicus will have no obligation to indemnify, defend, or hold Purchaser harmless from any Claim to the extent it is based upon: (i) a modification to the Product or Deliverable by anyone other than Granicus; (ii) a modification made by Granicus pursuant to Purchaser's required instructions or specifications or in reliance on materials or information provided by Purchaser; (iii) combination with the Products or Deliverable with non-Granicus software or data; or (iv) Purchaser's (or any authorized user of Purchaser) use of any Products or Deliverables other than in accordance with this Agreement. 14.2.Reserved. 14.3. Procedure. To the extent permitted by applicable law, Granicus will have control of the defense and reserves the right to settle any Claim. Purchaser must notify Granicus promptly of any Claim and provide reasonable cooperation to Granicus, upon Granicus' request and at Granicus' cost, to defend such Claim. Granicus will not agree to any settlement which requires acknowledgment of fault or an incurred liability on the part of an indemnified party not otherwise covered by this indemnification without indemnified party's prior consent. Purchaser may elect to participate in the defense of any claim with counsel of its choosing at its own expense. 14.4.Sole Remedy. This Section 14 sets forth Purchaser's sole and exclusive remedy, and Granicus' entire liability, for any Claim that the Products, Deliverables or any other materials provided by Granicus violate or infringe upon the rights of any third party. 15. LIMITATIONS ON LIABILITY 15.1. LIMITATION OF LIABILITY. EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY: (1) SPECIAL, INDIRECT, PUNITIVE, 12 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (II) LOSS OR DAMAGE TO DATA, LOST PROFITS, SALES, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, WHETHER AN ACTION IS IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, EXCEPT FOR PURCHASER'S OBLIGATIONS TO PAY AMOUNTS DUE UNDER THE ORDER, OR GRANICUS' INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 14 (INDEMNIFICATION), WILL EITHER PARTY'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT (IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE) EXCEED THE AMOUNT OF FEES PAID BY PURCHASER TO GRANICUS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM. HOWEVER, IF PURCHASER HAS PAID NO FEES UNDER THE TERMS OF AN ORDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE INCIDENT GIVING RISE TO THE CLAIM, THE AGGREGATE LIABILITY OF GRANICUS TO PURCHASER FOR SUCH CLAIM SHALL NOT EXCEED FIVE THOUSDAND DOLLARS ($S,000). 16. RECORDS AND AUDIT 16.1. Records. Purchaser must keep complete and accurate records for at least three (3) years following date to which they pertain showing the location where each copy of the Software has been installed or stored, and the relevant information necessary to verify its compliance with the license metric (such as users, transactions, number of servers, CPUs, etc.) and with the terms of the Agreement. 16.2.Audit. Granicus may audit Purchaser's applicable records described in Section 16.1 provided that: (i) it gives Purchaser reasonable advance notice of the audit and conducts the audit without undue interference to Purchaser's operations; and (ii) it conducts an audit no more than once per 12 months unless it discovers non-compliance. Alternatively, Granicus may require Purchaser to conduct a self -audit on reasonable terms and provide an attestation of Purchaser's officer or like official reporting the results. If an audit or certification reveals Purchaser's use of the Software in excess of the applicable license metric, within ten (10) days Purchaser must pay the license fees and any related support fees due with respect to such unlicensed use in accordance with the terms of the applicable Order. If such unlicensed use exceeds the applicable license metric by 10% or more, Purchaser shall bear the reasonable cost of the audit. 16.3.Compliance Features. The Software may include features that permit Granicus to monitor compliance with the license terms or disable the Software in the event of non-compliance. Purchaser consents to the use of compliance tools and agrees that Granicus is not responsible for any harm or damages resulting from Granicus' disablement of the Software in the event of a license breach by Purchaser. 17. GOVERNING LAW; DISPUTES 17.1. Governing Law and Venue. 17.1.1. If Purchaser is a public entity (a state or any agency or authority thereof, or county, city or town, public educational institution or other entity that serves a public purpose), this Agreement will be governed by and construed in accordance with the laws of the state in which the public entity is located, with venue being a court of competent jurisdiction within such state. If Purchaser is the Federal government of the United States or any branch or agency thereof, this Agreement will be governed by the laws of the United States with venue being any Federal district court of competent jurisdiction. If Purchaser is a private or commercial entity, this Agreement will be governed by the laws of the state of New York, without reference to the state's conflict of law principles, with exclusive jurisdiction of the state and federal courts located in the borough of Manhattan, New York, New York. 17.1.2. If Purchaser is located in Canada, this Agreement will be governed by the laws of the Province of Ontario with suit brought only in the General Division of the Ontario Court of Justice. 13 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A 17.1.3. Exclusion of UN Convention and UCITA. The terms of the United Nations Convention on Contracts for the Sale of Goods are expressly and entirely excluded from application to the Agreement. The Uniform Computer Information Transactions Act (UCITA) is expressly and entirely excluded from application to the Agreement regardless of when or where adopted. 17.2. Waiver of Jury Trial. To the extent permitted by applicable law, each party waives the right to a trial by jury in respect of any litigation arising out of the Agreement and the parties' activities relating to the Agreement. 17.3. Recovery of Expenses. 17.3.1. The prevailing party in any action or proceeding relating to the Agreement is entitled to recover reasonable legal fees and costs, including attorney's fees. 17.3.2. Purchaser agrees that it shall reimburse Granicus' reasonable attorneys' fees and other expenses incurred in connection with any third -party subpoena, warrant or other mandated disclosure related to Purchaser that is unrelated to any claim between Purchaser and Granicus. 18. MISCELLANEOUS 18.1. Notice. Other than routine administrative communications, which may be exchanged by the parties via email or other means, all notices, consents, and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) the day of receipt, as shown in the applicable carriers systems, if sent via FeclEx, UPS, DHL, or other nationally recognized express carrier; (iii) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (iv) sending by email, with confirmed receipt from the receiving party. Either party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that party will be deemed to have been amended. The mailing and email addresses of the Parties are as follows: I Contracts 408 St. Peter Street, Suite 600 Saint Paul, MN 55102 (651) 757-4154 contracts@granicus.com ATTN: Address: Phone: Email: 18.2.Assignment; Subcontractors. Neither party may assign the Agreement or any Order without the prior written consent of the other party except to an affiliate or its successor as part of a corporate reorganization or a sale of some or all of its business. Granicus may use its affiliates or subcontractors to perform all or any part of the Services, but Granicus shall remain responsible under the Agreement for work performed by its affiliates and subcontractors to the same extent as if Granicus performed the Services itself. 18.3.Interpretations. If there is a conflict between the terms of the Agreement, the documents will govern in the following order: (1) the Order, as to any matter that the MLSA expressly permits to be controlled by a term of the Order, (2) the Exhibits, and (3) the MLSA. For purposes of the Agreement: (i) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (ii) the word "or" is not exclusive; the term "person" refers to any legal person and may mean a natural person (individual), a legally created person (such 14 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A as an entity, trustee, or executor), or an entity (such as a corporation, partnership, or limited liability company). The Agreement must be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The section headings are for the convenience of the parties only and will not affect the interpretation of the Agreement. All technology provided under the Agreement is licensed and not sold; any use of the term "sale" or like word means a sale of a license. 18.4.Amendments. The terms of the Agreement may only be amended by a written agreement signed by both parties that expressly refers to the Agreement and the specific terms to be amended. The pre-printed terms of Purchaser's purchase order or other business form are void and of no effect whatsoever. 18.5. Severability, Waiver. If any part of the Agreement is found unenforceable, the rest of the Agreement will continue in effect, and the unenforceable part shall be reformed to the extent possible to make it enforceable and give business efficacy to the Agreement. Each party may enforce its respective rights under the Agreement even if it has waived the right or failed to enforce the same or other rights in the past. 18.6. Relationship Between the Parties. The relationship between Granicus and Purchaser established by the Agreement is solely that of independent contractors. Neither party is in any way the partner or agent of the other, nor is either party authorized or empowered to create or assume any obligation of any kind, implied or expressed, on behalf of the other party, without the express prior written consent of such other party. 18.7. No Third -Party Beneficiaries. Except as expressly stated otherwise, there are no third -party beneficiaries to the Agreement. 18.8. Force Majeure. Neither party will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond its control, such as significant failure of a part of the power grid, failure of the Internet, natural disaster or weather event, war, riot, insurrection, epidemic, strikes or labor action, terrorism, or other events beyond such party's reasonable control. 18.9.Counterparts, Signatures. The Agreement may be signed electronically or in multiple counterparts, each of which will be deemed an original, but all of which together will be deemed to be one and the same agreement. A signed copy of the Agreement transmitted by facsimile, email, or other electronic means will be deemed to have the same legal effect as deliver of an original signed copy of the Agreement. 15 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A Exhibit B —Support 1. Support. Granicus will provide the Software maintenance and technical assistance in accordance with this Exhibit B. 2. Software Maintenance. Granicus will provide Purchaser with those Updates created by Granicus for general release, to include extensions, modifications, drivers, service packs, service releases, application program plug -ins, applets and adaptors. 3. All Licenses Must Be Supported. If Purchaser purchases Support in connection with any Software license it must purchase Support for all licenses. If Purchaser add licenses during an annual Support period, Purchaser must purchase additional Support entitlements to cover the additional licenses. If Purchaser wishes to purchase Support after a lapse, it must purchase Support covering the lapsed period as well as the new term. 4. Term, Renewals. The initial Support term is stated in the Order, or if no term is stated, one (1) year beginning on the Delivery Date with respect to Purchaser Controlled Software or the Service Commencement Date with respect to Hosted Software Services, as applicable. On expiration of the initial term, Support will renew for consecutive renewal terms of one (1) year each unless Purchaser or Granicus has given a notice of non -renewal at least thirty (30) days prior to expiration of the initial term or then -current renewal term. S. Fees. Support fees are non-refundable except as expressly provided in the Agreement. Granicus may increase the annual fee for Support renewal by giving notice of the increase at least sixty (60) days prior to the first day of the renewal term. In addition to any other remedies to which Granicus may be entitled under the Agreement, Granicus may suspend Support during any period that the fees for Support are overdue. 6. Support Tools. Purchaser is not required to permit Granicus to use any remote access Support tools, but acknowledges that a refusal will delay or impair the effectiveness of the Support. 7. Support Exclusions. GRANICUS HAS NO OBLIGATION TO PROVIDE SUPPORT FOR CUSTOM SOFTWARE OR CONFIGURATIONS UNLESS OTHERWISE AGREED IN AN ORDER FOR PROFESSIONAL SERVICES. CALYTERA IS NOT OBLIGATED TO PROVIDE SUPPORT WHERE THE REQUEST IS THE RESULT OF ANY OF THE FOLLOWING (THE "SUPPORT EXCLUSIONS"), BUT MAY DO SO, AT ITS SOLE DISCRETION: (I) FAILURE TO IMPLEMENT ALL MAINTENANCE RELEASES PROVIDED BY CALYTERA; (II) FAILURE TO USE THE SOFTWARE IN ACCORDANCE WITH THE APPLICABLE TERMS OF THE SOFTWARE LICENSE, THE DOCUMENTATION, OR REASONABLE INSTRUCTIONS PROVIDED BY CALYTERA; (III) ALTERATIONS OF THE SOFTWARE OR HOSTED SOFTWARE ENVIRONMENT BY PERSON OTHER THAN CALYTERA; OR (IV) ANY PURCHASER ACTS, AS DEFINED IN THE MLSA. ANY CALYTERA SUPPORT PROVIDED IN CONNECTION WITH A SUPPORT EXCLUSION IS PROVIDED "AS IS." B. Support Policies 8.1 Granicus Support Portal. Purchaser may submit requests for support through the Granicus support portal accessible at: sup port.eranicus.carn (the "Support Portal"). If the Support Portal is unavailable for any reason, Purchaser may submit requests via e-mail here: support@pranicus.com. 8.1.1 Technical Contact. Purchaser may name up to two (2) technical contacts in the support portal. Purchaser may change its technical contacts on 5 days prior written notice to Granicus. Granicus may respond to support requests from individuals other than Purchaser's named technical contacts, but shall not required to do so. 8.2 Phone Support. Phone support is available at: 1-800-314-0147 8.3 Support Hours. Granicus Support is available Monday to Friday (excluding federal public holidays in the United States or Canada) between 8:00 a.m. to 8:00 p.m. United States Eastern Time. Support personnel may also be available on call or by appointment on days when Granicus offices are closed for holidays or outside of regular 16 DocuSign Envelope ID: 5EAE8CC8-D63F-4909-9A16-582C4EC9A19A Granicus business hours; Granicus may charge additional fees for access outside of regular Granicus business hours. Purchaser may submit support issues 24/7 via online support software and email. 8.4 Severity Levels. Granicus will provide problem diagnosis for the Software and, where possible, will supply corrections for problems that Granicus diagnoses as defects in the Software. Granicus will use commercially reasonable efforts to perform these services in a timely manner consistent with the urgency of the situation. Incidents that can be characterized as defects are classified according to the following criteria: 8.4.1 Critical - A defect, for which there is no workaround immediately available, which affects the standard business flow such that the business task cannot be accomplished on multiple workstations, for multiple projects. The impact of the reported deficiency is such that Purchaser is unable to either use the Software or reasonably continue work using the Software. Responses to Critical incidents will be made within two business hours by return phone call. 8.4.2 Major - Important features of the Software are unavailable, but a workaround is available or non -essential features of the Licensed Software are unavailable with no alternative solution. There is a significant impact to Purchaser, but the software can be used to complete the standard business flow. Responses to Major incidents will be made within four business hours by return phone call or via the Support Portal. 8.4.3 Medium - Important features of the Software are unavailable, but a workaround is available or non -essential features of the Software are unavailable with no alternative solution. The impact to Purchaser is the minimal loss of operational functionality or implementation resources. Responses to Medium incidents will be made within one business day by return phone call or via the Support Portal. 8.4.4 Minor - Defects that do not influence the business flow. The implementation or use of the Software by Purchaser is continuing and there is no significant impact on productivity. Responses to Minor incidents will be made within three business days by return phone call or via the Support Portal. 8.4.5 Purchaser must include in each request for support a reasonably detailed description of the issue, any Support entitlement code, and a severity designation. Purchaser must provide de additional information reasonably requested by Granicus, including information necessary to re -produce any error or other issue. 8.5 Historic Version Support. Subject to the continued payment of maintenance fees, Granicus will provide support for each major version for at least thirty-six (36) months from the date of its general release, and shall notify Purchaser of the end of support date at least twelve (12) months in advance. Minor releases within each major version are supported for the life of the major version. 17 RETURN TO: TERRY SMITH EXT: 2550 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1 1. ORIGINATING DEPT./DIV: INFORMATION TECHNOLOGY 2. ORIGINATING STAFF PERSON: THOMAS FICHTNER EXT: 2547 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL It OTHER PROPOSAL and MASTER LICENSE AND SERVICES AGREEMENT S. PROJECT NAME: AMANDA PLATFORM ANNUAL SUPPORT 6. NAME OF CONTRACTOR: GRANICUS ADDRESS: CONTRACTS: 408 ST PETER STREET, SUITE 600, SAINT PAUL, MN, 55102 E-MAIL' CONTRACTS@GRANICUS.COM SIGNATURE NAME: _TELEPHONE 651-757-4154 _ FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: 12/31/2026 9. TOTAL COMPENSATION $185,023.38 . (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES S NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES DNO IF YES, $16,973.09 PAID BY: ❑ CONTRACTORS CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ® PURCHASING: PLEASE CHARGE TO: 502-1100-046-518-88-414 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER © DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) IN LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED TF - 11/14/23. JRC 11/16123 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12 CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOWCONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# COMMENTS: INITIAL / DATE SIGNED AG# 2/2017 COUNCIL MEETING DATE: December 5, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2024 SENIOR ADVISORY COMMISSION ANNUAL WORK PLAN ITEM #• 6f POLICY QUESTION: Should the City Council approve the 2024 Senior Advisory Commission Annual Work Plan? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amv Glandon DEPT: Council Attachments: 1. Staff Report 2. Senior Advisory Commission Annual Work Plan Options Considered: 1. Approve the proposed 2024 Senior Advisory Commission Annual Work Plan. 2. Do not approve proposed 2024 Senior Advisory Commission Annual Work Plan and provide direction to staff. MAYOR'S MAYOR APPROV TION: Option 1. coi ittce "Counqf Initial/Date Initial/Date APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed 2024 Senior Advisory Commission Annual Work plan to the December 5,2023 consenTda for approval. "51 L- Com lttee Chair Coi Enittee ber CImmittle Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2024 Senior Advisory Commission Annual Work Plan. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Amy Glandon, Executive Assistant to City Council SUBJECT: 2024 Senior Advisory Commission Annual Work Plan Financial Impacts: The cost to the City for the Senior Advisory Commission was included within the approved budget under the City Council. In accordance with the approved budget, this item is funded by the General Fund. Upon completion of the 2023 Senior Advisory Commission Annual Work Plan, future costs will be minimal. All such future costs will be covered with existing staffing. Background Information: The Senior Advisory Commission plays an important role in the community outreach done primarily to the senior community, as well as businesses that have interactions with the senior community in Federal Way. This Annual Work Plan is an outline of their ongoing efforts and goals for the coming year. The 2024 Senior Advisory Commission Annual Work Plan was drafted and approved at the regular Senior Advisory Commission Meeting on September 13, 2023. The plan outlines specific goals and activities that the Commission intends to focus their annual efforts on. There are two main bodies of work that the Senior Advisory Commission will be undertaking in the coming year including the Senior Health & Resource Fair in May and annual printing of the Senior Resource Guides in April. Rev. 7/18 CITY OF FEDERAL WAY SENIOR ADVISORY COMMISSION 2024 Annual Work Plan Item Months Who 1. Prior Year Review January Staff & Commission 2. Commission Retreat Spring Staff & Commission 3. Add Additional Commissioners to Commission January- Staff & December Commission March,.June, 4. Provide Quarterly Reports to City Council September, Commission December 5. Continue to have Guest Representatives at January - Meetings for Senior Issues December Staff 6. Revision and Reprinting of Brochure April Staff & Commission 7. Senior Health & Resource'Fair May Staff & Commission January- 8. Federal WayMirror'Outreach for.Senior Coverage g Commission December Staff 9. City Website updating; including:additional content January- December 10. Holiday Senior.0utreach November - Staff & December Commission January- Staff& 11.Senior Commission, Connection ',, December I Commission 11Page SENIOR ADVISORY COMMISSION 2024 ANNUAL WORK PLAN Prior Year Review The Commission will discuss processes and tasks from the previous year and review ways to streamline efforts and to create ongoing impact in the future years. Staff will work with Commissioners to ensure recommendations are in alignment with the City's processes before implementing changes or recommending to City Council for approval. Commission Retreat This retreat is an opportunity for the Commission to come together,and team -build and brainstorm for upcoming Commission business. Add Additional Commissioners to Commission It is the goal of the Senior Advisory Commission to fill all currently vadant,Commissioner positions to keep the Commission at full strength. Provide Quarterly Reports to City Council On a quarterly basis, the Commission will present their current activities that have impacted the senior community of Federal Way. This will be done at the regular City Council Meetings in March, June, September and December.,, Continue to have Guest Representatives at Meetings for Senior Aid Partnering with the community and bringing together those who are working directly or indirectly with seniors, the goal will be to have a guest representative at each monthly meeting. By having these guests jtwuill create more opportunity for the Senior Advisory Commission to be prese`ntin the community, and, create a broader reach for aid to seniors within the community. Revision and Reprinting of Brochure Periodic updates -to the current information acid addition of new information to the Senior Resource Guide will be made prior to printing. During the printing process, three bids will be received, and the lowest, most responsive bidder will be chosen and voted on by the Commission. Senior Health' & Resource Fair In May 2024, the,Senior Advisory Commission will host the annual Senior Health & Resource Fair. This fair will,be,held at the_PAEC and will showcase vendors with ties to the senior community. This fair will�be used to reach aging seniors, create additional community outreach, navigate aging in place, and highlight the different resources available to the senior community as a whole within Federal Way. Federal Way Mirror Outreach for Senior Coverage Commissioners will reach out to the Mirror to encourage the growth of senior -related issue coverage. The desired outcome is to have more regular coverage of seniors within Federal Way. City Website Updating, including Additional Content 21Page Periodic updates to the current information and addition of new information to the City's website for the Senior Advisory Commission will be made. This will include pictures of senior events attended by the Commissioners and resources with hyperlinks. Holiday Senior Outreach Staff and Commissioners will reach out to local senior centers/living centers to "adopt" forgotten seniors again this year. In 2022, the Commission collected over 1,000 items to donate to Avalon Care Center for the forgotten seniors at the Holidays. Senior Commission Connection On the third Wednesday of each month, the Commission will host a senior outreach at the Federal Way Community Center combining resources, outreach, and connection with the senior community of Federal Way. 3 1 Page COUNCIL MEETING DATE: December 5, 2023 ITEM #: _ 6g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WA STATE DEPARTMENT OF CORRECTIONS MASTER AGREEMENT AMENDMENT — CLASS V COMMUNITY RESTITUTION PROGRAMS POLICY QUESTION: Should Council approve the WA State Department of Corrections Master Agreement Amendment for Class V Community Restitution Programs and authorize the Mayor to execute the agreement? COMMITTEE: FEDRAC MEETING DATE: November 28, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other — Information Only STAFF REPORT BY: Autumn Gressett, Contract Administrator DEPT: Parks Attachments: 1. Staff Report 2. Proposed Master Agreement Amendment Options Considered: 1. Approve the proposed Master Agreement Amendment. 2. Do not approve the proposed Master Agreement Amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: IRECTOR APPROVAL: nuniti� Cots ci Initial/Date Initial/Date Ini[ial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Master Agreement Amendment to the December S`h, 2023, consent agenda. Comrlll ee Chair Committee Member I J C❑ uni ee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Master Agreement Amendment and authorize the Mayor to execute said Amendment. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 28, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: - Autumn Gressett, Contract Administrator 9� SUBJECT: WA State Department of Correction Master Agreement Amendment — Class V Community Restitution Programs Financial Impacts: The cost to the City for WA State Department of Corrections Master Agreement was included within the approved budget. In accordance with the approved budget, this contract has a budget of up to $75,000. This proposed Amendment does not include any additional financial impacts beyond those already budgeted for. Background Information: In 2019, City of Federal Way executed a Master Agreement with WA State Department of Corrections (DOC) for Community Restitution Programs. These services have provided work crews for cleanup throughout the City. Locations include the Performing Arts and Event Center, Town Center steps, Steel Lake Park, and various surface streets. - In addition to the litter and garbage cleanup, some examples of additional services provided by WA State DOC include but are not limited to: stream enhancement & restoration, carpentry/construction, salmon restoration, tree planting, wood chipping, sand bagging, cleaning retention ponds, landscaping, sanding/salting, etc. Staff requests approval of a WA State Department of Corrections Master Agreement Amendment, continuing services to the City similar to those listed above through September 30, 2026. Rev. 7/18 C ail. 'f. Washington State Contract No. K12614 k Department of Corrections Amendment No. 1 This i A inn end inni(enc is made between the Washington State Department of Corrections, hereinafter referred to as "Department," and City of Federal Way, hereinafter referred to as "Recipient," for the purpose of amending the above -referenced Contract, heretofore entered into between the Department and Recipient. WHEREAS the purpose of this Amendment is to extend the contract term. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the Department and Recipient agree as follows: SECTION 3. TERM is amended as follows: The term of this Master Contract Agreement shall begin July 01, 2021 and continue through ((June 907'moo)) September 30 202& unless terminated sooner as provided for herein. Additions to this text are shown by underline and deletions by ((str' R)). All other terms and conditions remain in full force and effect. The effective date of this Amendment is December 01, 2023. THIS AMENDMENT, consisting of two (2) pages is executed by the persons signing below who warrant that they have the authority to execute this Amendment. CITY OF FEDERAL WAY DEPARTMENT OF CORRECTIONS (Signature) (Signature) Jim Ferrell Daryl Huntsinger (Printed Name) (Printed Name) Mayor Contracts Administrator (Title) (Title) (Date) (Date) Washington State K12614(1) Page 1 of 2 Department of Corrections 23RCP (Signature) Stephanie Courtney (Printed Name) City Clerk (Title) (Date) (Signature) J. Ryan Call (Printed Name) City Attorney (Title) (Date) Approved as to Form: This Amendment format was approved by the office of the Attorney General. Approval on file. Washington State K12614(1) Page 2 of 2 Department of Corrections 23RCP WASHINGTON STATE DEPARTMENT OF CORRECTIONS Community Corrections Division CLASS V Work Project Description Contract Number: K12614 Recipient: City of ederal Way Recipient is: ® Government Entity ❑ State Agency ❑ Public Benefit Nonprofit & Evidence Attached ❑ Recipient Contact: Jason Gerwen Phone: 253-835-8962 Email: jason.gerwen®cityoffederalway.com Department Contact: Rene Vertz Phone: 206-786-3273 Email: r'vertzCdocl.wa. ov Work Project Title: City of Federal Wray Parks & Reg-eation Department Project Level: ® 1 ® 2 ® 3 Workers will: Provide litter pick-ups, illegal dumping site clean-ups, and general labor on property owned by the City of Federal Way as outlined in the Statement of Work attached (Attachment E). Workers will not perform any work listed in the Prohibited Work document (Attachment C). Number of Workers on crew: Minimum of 2 for illegal dumping site clean-ups and any Level 3 work. One -worker crews are permissible for litter pick-ups on city streets and general labor in parks and at Town Square. Project Location: Various worksites in the City of Federal Way Project Period (One year maximum): December 1, 2023 through September 30, 2024 1. Projected Total Number of Crew Hours, Number of Workers: N/A 2. Minimums for Set Monthly Rate and/or Full or Half Day Rate: N/A 3. Approximate Work Hours: Arrive at 8:30 a.m. Depart at 2:30 p.m. Special Payment Terms. Recipient will pay DOC: 1. Service Maximum: City of Federal Way will pay DOC a maximum of 7� 5,000 for services provided per year. 2. Invoice: DOC will invoice City of Federal Way for offender worker services at the rate of 25 da 12er person (workers + supervisors). Each dated and itemized invoice to City of Federal Way will include: Agreement #K12614, dates and hours of services provided, description of the work, and the amount of payment due. 3. Administrative and program overhead at 10% of the actual monthly billing which will cover the cost of miscellaneous expenditures needed for the specified contract work with the City of Federal Way. Expenditures include, but are not limited to, office supplies, hand tools, shovels, rakes, litter pickers, garbage bags, sharps containers, gloves and boots. 4. Vehicle operation costs for assigned time on City of Federal Way's contracts work; reimbursement at the current privately owned vehicle mileage rate (as determined by OFM). The current rate can be located at htti2s://ofm.wa.gov/accounting/administrative-accountin - resources/travel. 5. L&I Premiums: Reimbursement for worker L&I premiums at the current DOC L&I rate. The rate for 2023 is $Q.3753 per worker per hour. (This rate potentially changes every year on January 1st, so Work Project Descriptions that overlap years may have changes to this rate on our invoices State of Washington Attachment A Department of Corrections K12614 starting January Pt. We will make a note of any changes to the rate in your January billing statement). PPE, Tools and Equipment Provided by: Recipient: Will provide any specialty equipment needed to complete specific projects. Will pay for waste disposal either through providing waste receptacles at the work sites, or at City landfill or transfer station; dump cards or account information for waste disposal will be provided to DOC Workcrew for use on City of Federal Way projects if necessary. Specialty PPE, Tools and Equipment Training Provided by Recipient? DOC: Will provide Personal Protective Equipment (PPE) and tools and supplies for general litter pick- up, removal of illegally dumped materials and brush removal, including but not limited to: gloves, boots rain gear, hard hats, hearing and eye protection, shovels, rakes, trash bags, pickers, surgical masks, disposable gloves, hand sanitizer, etc. JSA Worksheet completed and attached? Recipient will provide the DOC contract manager with a signed Job Safety Analysis form for each type of service prior to any work taking place (Attachment D). The Job Safety Analysis form remains valid for the length of the project period. The types of services provided by offender workers include 1) Illegal dump site clean-up, 2) Litter Pick-ups, 3) General Labor. Additional Terms: DOC will send a monthly activity report, photo documentation (before and after) of services performed, and dumpsite invoices (if required) along with the billing statement as requested by the recipient. CITY OF FEDERAL WAY DEPARTMENT OF CORRECTIONS Signature Printed Name & Title Signature of Field Administrator or Work Release and Residential Program Coordinator Section 5/CCD Section/Facility Date Date Please email a copy of this Work Project Description to docclacontractsCo7D.00I. WA. GOV within two (2) calendar days after it is signed by the second of both Parties. THANK -YOU State of Washington Attachment A Department of Corrections K12614 COUNCIL MEETING DATE: December 5, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TROUVE APARTMENTS MFTE CONTRACT ITEM #: 6h POLICY QUESTION: Should the Council execute a contract with X Marks the Spot LLC for an eight (8) year Multifamily Dwelling Unit Limited Property Tax Exemption (MFTE) on the Trouve Apartments? COMMITTEE: FEDRAC MEETING DATE: November 28, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, AICP CEcD DEPT: Community Development Attachments: 1. Staff Report 2. Draft MFTE Contract Options Considered: 1. Approve the proposed contract. 2. Do not approve proposed contract and provide direction to staff. MAYOR'S RECOMMENIATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: 11.6.23 • lnc � ('o, Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed contract to the December S, 2023 consent agenda for approval. Comn 0 ee Chair Committee Member C t01-l11i ee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed contract and authorize the Mayor to execute said contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 28, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Director Stacey Welsh, Principal Planner SUBJECT: Trouve Apartments MFTE Contract Financial Impacts: The financial impact to the City is that no property tax revenue associated with the residential buildings at Trouve Apartments would be collected by the City for eight (8) years. Background Information: The Multifamily Property Tax Exemption (MFTE) is a property tax waiver program. The MFTE program was established in the City of Federal Way as a tool to incentivize the development of multifamily housing in designated residential targeted areas. These include the City Center and Community Business zones. Based on Chapter 84.14 RCW and Federal Way Revised Code (FWRC) Chapter 3.30, a property owner does not have to pay property taxes on. eligible residential improvements for a period of eight (8) years, or twelve (12) years wit l additional requirements. The property owner still pays tax on the land or ad valorem property taxation (the value of the property based on value as assigned by the property assessor) and on any non-residential -improvements, such as the commercial portion of a mixed -use building. The Trouve Apartments are located at the southeastern corner of the intersection at 1 st Ave South and South 348th Street. The mixed -use project includes nine (9) residential buildings with 233 units, a mix of studios and one (1) and two (2) bedroom units. There is also a stand-alone retail building, for which property tax will be paid. The project received a Use Process land use decision in November 2021. Subsequently, a series of site development permits have been issued. Construction remains ongoing. The property is within the Community Business zone. The property owner, X Marks the Spot LLC, has submitted a Multi -Family Tax Exemption Conditional Certificate application. A component of the process is for the property owner to enter into a contract with the City, approved by the City Council, regarding the terms and conditions of the project pursuant to the MFTE code. Rev. 7/18 CITY OF FEDERAL WAY MULTI -FAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION CONTRACT THIS AGREEMENT is entered into this day of , 20_7 by and between X Marks the Spot LLC, a Washington limited liability company (hereinafter referred to as the "Owner"), and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington (hereinafter referred to as the "City"). WHEREAS the City has an interest in stimulating new construction or rehabilitation of multi -family housing in Residential Target Areas in order to reduce development pressure on single-family residential neighborhoods, to increase and improve housing opportunities, and to encourage development densities supportive of transit use; and WHEREAS the City has, pursuant to the authority granted to it by Chapter 84.14 RCW, designated various Residential Target Areas for the provision of a limited property tax exemption for new multi -family residential housing; and WHEREAS the City has, through Chapter 3.30 Federal Way Revised Code ("FWRC"), enacted a program whereby property owners may qualify for a Final Certificate of Tax Exemption which certifies to the King County Assessor that the owner is eligible to receive a limited property tax exemption; and WHEREAS, The Owner is interested in receiving the multiple family property tax exemption for new/rehabilitated multiple family residential housing units in a residential targeted area; and WHEREAS, The Owner has submitted to the City a complete application form for no fewer than four (4) units of new/rehabilitated multifamily housing within a residential structure or as part of an urban development; and WHEREAS the Owner has submitted to the City preliminary site plans and floor plans for multi -family residential housing to be constructed on King County Assessor's Parcel Number 9129400040 commonly known as Trouve Apartments, and as legally described in Exhibit A ("Site"). WHEREAS the City has determined that the improvements will, if completed as proposed, satisfy the requirements for a Final Certificate of Tax Exemption. NOW, THEREFORE, the City and the Owner do mutually agree as follows: 1. The City agrees to issue the Owner a Conditional Certificate of Acceptance of Tax MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION CONTRACT 1 10/23 Exemption. 2. The Owner agrees to construct on the Site multi -family residential housing substantially as described in the most recent site plans, floor plans, and elevations on file with the City as of the date of this agreement. 3. The project is, or will be at the time of completion, in compliance with all applicable zoning requirements, land use requirements, building code, and fire code requirements contained in the FWRC. For the duration of the tax exemption, the Site shall have no violations of applicable zoning requirements, land use regulations, or building code requirements contained in the FWRC for which the City's Department of Community Development shall have issued an order to cease activity ("OTC") or notice of violation and order to correct ("NOV") that are not resolved by a voluntary correction agreement, vacation by the hearing examiner, or action of the property owner in compliance with the applicable code requirements as determined by the director, within the time period for compliance provided in such OTC or NOV and any extension of the time period for compliance granted by the director. 4. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable State or City building codes. 5. The new, converted, or rehabilitated multi -unit housing must provide for a minimum of fifty (50) percent of the space for permanent residential occupancy. The project, whether new, converted, or rehabilitated multiple -unit housing, must include at least four (4) units of multifamily housing within a residential structure or as part of an urban development. 6. The Owner agrees to complete construction of the agreed upon improvements within three years from the date the City issues the Conditional Certificate of Acceptance of Tax Exemption, or within any extension thereof granted by the City. 7. The Owner is requesting an Eight year limited property tax exemption. 8. The Owner agrees, upon completion of the improvements and upon issuance by the City of a temporary certificate of occupancy, or permanent certificate of occupancy if no temporary certificate is issued, to file with the City's Department of Community Development the following: (a) A statement of expenditures made with respect to each multi -family housing unit and the total expenditures made with respect to the entire property; (b) A description of the completed work and a statement of qualification for the exemption; (c) If applicable, a statement that the project meets the affordable housing requirements as described in FWRC 3.30.040; 2 MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION CONTRACT (d) A statement that the work was completed within the required three (3) year period or any approved extension. 9. The City agrees, conditioned on the Owner's successful completion of the improvements in accordance with the terms of this Contract and on the Owner's filing of the materials described in Paragraph 8 above, to file an eight or twelve year, as applicable, Final Certificate of Tax Exemption with the King County Assessor. 10. The Owner agrees, within 30 days following the first anniversary of the date the city filed the Final Certificate of tax exemption and each year thereafter for a period of eight or twelve years, as applicable, to file a certification with the City's Department of Community Development, verified upon signed affirmation under penalty of perjury under the laws of the state of Washington. The certification shall contain such information as the City's Community Development Director may deem necessary or useful, and shall at a minimum include the following information: (a) A statement of occupancy and vacancy of the multifamily units during the previous year; (b) A certification that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements as described in FWRC 3.30.040 since the date of filing of the final certificate of tax exemption, and continues to be in compliance with this Contract with the city; (c) A description of any improvements or changes to the property made after the filing of the final certificate or most recent certification, as applicable; (d) Any information needed by the City to file its annual report pursuant to Federal Way Revised Code (FWRC) 3.30.110 and any additional information requested by the City in regards to the units receiving a tax exemption. 11. The parties acknowledge that the units are to be used and occupied for multifamily residential use. The parties further acknowledge that the certificate of occupancy issued by the City is for multifamily residential units. The Owner acknowledges and agrees that the units shall be used primarily for residential occupancy and any business activities shall only be incidental and ancillary to the residential occupancy. 12. If the Owner converts to another use any of the new multi -family residential housing units constructed under this Contract, the Owner shall notify the King County Assessor and the City's Department of Community Development within 60 days of such change in use. MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION CONTRACT 13. The Owner agrees to notify the City promptly of any transfer of Owner's ownership interest in the Site or in the improvements made to the Site under this Contract. 14. The City reserves the right to cancel the Final Certificate of Tax Exemption should the Owner, its successors and assigns, fail to comply with any of the terms and conditions of this Contract. 15. The Owner acknowledges its awareness of the potential tax liability involved if and when the property ceases to be eligible for the incentive provided pursuant to this contract. Such liability may include additional real property tax, penalties and interest imposed pursuant to RCW 84.14.110. 16. Nothing in this Contract shall permit or be interpreted to permit either party to violate any provision of Chapter 84.14 RCW or FWRC Chapter 3.30. 17. No modifications of this Contract shall be made unless mutually agreed upon by the parties in writing. 18. The Owner acknowledges its awareness of the potential tax liability involved if and when the property ceases to be eligible for the incentive provided pursuant to this contract. Such liability may include additional real property tax, penalties and interest imposed pursuant to RCW 84.14.110. The Owner further acknowledges its awareness and understanding of the process implemented by the King County Assessor's Office for the appraisal and assessment of property taxes. The Owner agrees that the City is not responsible for the property value assessment imposed by King County at any time during the exemption period. 19. In the event that any term or clause of this Contract conflicts with applicable law, such conflict shall not affect other terms of this Contract which can be given effect without the, conflicting term or clause, and to this end, the terms of this Contract are declared to be severable. IN WITNESS WHEREOF the parties hereto have executed this Contract as of the day and year first above written. [signatures to follow] 4 MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION CONTRACT CITY OF FEDERAL WAY Jim Ferrell, Mayor Keith Niven, Director Community Development Department Steve Groom, Director Finance Department ATTEST: Stephanie Courtney, City Clerk APPROVED AS TO FORM: Ryan Call, City Attorney STATE OF WASHINGTON ) ss. COUNTY OF X MARKS THE SPOT LLC: By: Printed Name: Its: On this day personally appeared before me to me known to be the of X Marks the Spot LLC that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument. GIVEN under my hand and official seal this day of 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 5 MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION CONTRACT EXHIBIT A - LEGAL DESCRIPTION OF SITE MULTIFAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION CONTRACT EXHIBIT A Legal Description Trouve Apartments (King County Parcel # 912940 0040) Revised Lot 2, City of Federal Way Boundary Line Adjustment No. 21-104413-SU, recorded March 3, 2022 under Recording No. 20220303900007, in King County, Washington; Together with a 75% interest in Tract A, City of Federal Way Boundary Line Adjustment No. 21-104413-SU, recorded March 3, 2022 under Recording No. 20220303900007, in King County, Washington. COUNCIL MEETING DATE: December 5, 2023 ITEM #: 61 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: T-MOBILE LLC SITE LEASE AGREEMENT — BPA / TWIN LAKES POLICY QUESTION: Should the City approve a site lease agreement with T-Mobile West LLC for use in its wireless communications services at SW 348"' St and the BPA trail? COMMITTEE: FEDRAC MEETING DATE: November 28, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call DEPT: Law Attachments: 1. Staff Report 2. Proposed Site Lease Agreement Options Considered: 1. Approve the proposed Site Lease Agreement and authorize the Mayor to execute. 2. Do not approve proposed Site Lease Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 11 L DIRECTOR APPROVAL: ((1 z �2 3 Con incc =4:ouneil Inllial/Date Tnitia}1Qaz Initiat/D to COMMITTEE RECOMMENDATION: I move to forward the proposed T-Mobile LLC Site Lease Agreement at SW 3481" St and the BPA trail to the December 5, 2023 consent agenda for approval.' CcVmmlttee Chair tommittee, Member QGiAce Member PROPOSED COUNCIL MOTION: "I move approval of the proposed T-Mobile LLC Site Lease Agreement at SW 3481" St and the BPA trail and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 28, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: T-Mobile West LLC Site Lease Agreement — BPA / Twin Lakes Financial Impacts: The revenue to the City for T-Mobile West LLC Site Lease Agreement — BPA / Twin Lakes will be $3,745.97 per month with an annual increase of 4% on January 1 Sc of each calendar year during the term and renewal terms of the lease. Background Information: This item was previously presented to LUTC, but pulled from the Regular Council agenda when T-Mobile presented further proposed changes to the contract after its presentation to LUTC. Those proposed items were reviewed and rejected by city staff and the item is back at council committee with a recommendation from staff for approval. T-Mobile West LLC seeks to continue leasing property from the City through a site lease agreement for a portion of property located at BPA / Twin Lakes to allow for operation of certain equipment for use in connection with its wireless communication services. Exhibits A and B of the proposed site lease agreement indicate the exact location of the leased space. The proposed site lease agreement is for a five-year term that includes the option of three additional five-year terms. This agreement is substantially similar to other site lease agreements currently in effect for other companies. The City has had a site lease agreement in place with T-Mobile West LLC (formerly Voicestream PCS) for this location since 2003. Rev. 7/18 CITY of CITY HALL � Federal e ra I Way . 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com SITE LEASE AGREEMENT This Site Lease Agreement ("Lease" or "Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and T-Mobile West LLC, a Delaware limited liability company, ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: T-MOBILE WEST LLC: T-Mobile USA, Inc. 12920 SE 38th St. Bellevue, WA 98006 Attn: Lease Compliance/SE04753A Re: BPA / Twin Lakes Site - 1-877-373-0093 (telephone) 1-813-353-6449 (facsimile) CITY OF FEDERAL WAY: Taryn Weatherford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2562 (telephone) Taryn . we ath erford@c ityoffed a ra away. co in City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises, together with necessary space and rights for access and utilities, as described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease will automatically renew for three (3) additional five (5) year terms (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or then -existing Extension Term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. SITE LEASE AGREEMENT - 1 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Fe d e ra I Ja 33325 Avenue South Federall Way, WA 98003-6325 �� (253) 835-7000 www cityoffederelway. com 3. Rent. a. Starting on the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent $3745.97, Three Thousand Seven Hundred Forty -Five and 97/100 Dollars ("Rent") per month. As this site is currently in holdover, Tenant shall make all payments necessary to bring Rent payments current within thirty (30) days of executing this Lease. Any rent previously paid from and after the Commencement Date shall be offset against the new Rent. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 4% increase shall become effective January 1st of each calendar year. C. Tenant previously paid the City one month's rent as a security deposit in the amount of Nine Hundred Seventy -Five and 00/100 Dollars ($975.00). Within thirty (30) days of executing this Lease, Tenant shall submit to the City a supplement to the Security Deposit for this site in the amount of Two Thousand Seven Hundred Seventy and 97/100 Dollars ($2,770.97) to raise the deposit to the standard amount of one month's rent. The Security Deposit shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within City -owned light fixtures, if any have been removed or broken by Tenant's installation of Equipment. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building SITE LEASE AGREEMENT - 2 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Fe d e ra l �llla 33325 8th Avenue South Y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. C. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to its original condition, excepting normal wear and tear, and to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non -removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. In furtherance of such rights, the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, or relocate, the Equipment pursuant to the City's request and within the reasonable time period prescribed by the City. However, such removal shall not be required to accommodate another carrier. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, -either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, .Tenant shall repair the damage and/or 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 premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3 ") of asphalt, class "AB", or be replaced to the original condition, at the City's sole SITE LEASE AGREEMENT - 3 - 11/2022 TMO Site ID: SE04753A CITY of CITY HALL Federal Way y Feder 8th Avenue South a Federal Way, WA 98003-6325 OA�v (253) 835-7000 www cityoffederalway com discretion. 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. 7. Improvements. Tenant may update or replace the Equipment from time to time without further approvals provided that the replacement facilities are not greater in number or size or different in type, shape, color, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have sixty (60) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times, but any access to Tenant's Equipment will be with Tenant accompaniment. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance. Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises 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. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Compliance with Laws. Tenant'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. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act SITE LEASE AGREEMENT - 4 - 11/2022 TMO Site ID: SE04753A CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoflederalway com of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges that all or a portion of the premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant 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 Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to Tenant's and in compliance with the requirements of FWRC 19.255.060 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.255.060 to grant rights for co -location of other telecommunications facilities on the Premises but agrees such grant of rights will prohibit others from interfering with the then current equipment of Tenant. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; SITE LEASE AGREEMENT - 5 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Federal ay Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com v. Upon 10 days' written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion; vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to terminate pursuant to this subsection, Tenant agrees that neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any termination under this Section, Tenant shall pay City all monies due as Rent up to the time of termination and/or penalties, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition, Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. Indemnity and Insurance. a. Disclaimer of Lial3fl : 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 Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant 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 willful act or omission of Tenant, 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 SITE LEASE AGREEMENT - 6 - 11/2022 TMO Site ID: SE04753A CITY OF IV*lFederal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www dlyoffederalway com Tenant's Equipment except for claims arising from the sole negligence or willful act of City and its officers, boards, commissions, employees, agents, attorneys, and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and including, with the exception of workers compensation insurance, the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: ii. 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. Tenant may satisfy the liability requirements herein through the combination of any primary and/or excess liability policy. ii. Commercial 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. iii. Worker's compensation 'insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty 30 days prior written notice shall be given to City by the insurer of any cancellation, with the exception of 10 days for non-payment of premium, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles g. License: All insurance policies shall be with insurers authorized to do business in the State of Washington and with a rating of A -IV unless waived by the City: h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant 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 Tenant and participating in the defense of any litigation with City's own counsel. Tenant 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 attorney fees and shall also include the reasonable value SITE LEASE AGREEMENT - 7 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Alt�Federal 1Nay Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com of any services rendered by the City's attorney, 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. 16. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Sub[easing or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld, provided, however Tenant may assign without City's prior written consent, to a parent, to any party controlled by, or under common control with Tenant or to any party which acquires 51% or more of the stock or assets of Tenant. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 19. Successors and Assigns. is. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non -Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law, or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant 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 Lease attributable to the Equipment or Tenant's use of the Premises. 22. Quiet Enjoyment. Title and Authority. Tenant acknowledges that its rights are further subject to Tenant's existing easement(s) with the Bonneville Power Authority ("BPA"). In the event such easements expire or terminate, so will Tenant's rights under this Lease without any liability on the part of the City. City represents to Tenant, subject to BPA's interest in the Premises, that: a. City has authority to execute this Lease; SITE LEASE AGREEMENT - 8 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Fe d e ra I Way Feder l Avenue South Federal Way, WA 98003-6325 vmw� (253) 835-7000 www cityoffederalway com b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; C. There is legal ingress and egress to the Premises from a right-of-way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid for condemnation of the Premises and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant 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 Tenant. If this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration. Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and repair any damage Tenant may have caused by such removal and any damage caused by the presence of the Equipment on the Premises. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of SITE LEASE AGREEMENT - 9 - 11/2022 TMO Site ID: SE04753A 1%FCITY OF CITY HALL Federal Way ay Feder 8th Avenue South ederal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. All actions heretofore taken or authorized by the parties to this Lease with respect to the Equipment and Premises that are the subject of this Lease are ratified, approved, and confirmed in all aspects. 26. Legislative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. DATED the effective date set forth above. [signatures to follow] SITE LEASE AGREEMENT - 10 - 11/2022 TMO Site ID: SE04753A CITY of CITY HALL �A Federal Way 33325 Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor 33325 8th Ave South Federal Way, WA 98003 APPROVED AS TO FORM: Stephanie Courtney, CMC, City Clerk City Attorney, J. Ryan Call TENANT: T-Mobile West LLC, a Delaware limited liability company By: Name: Title: Date: T-Mobile West LLC STATE OF COUNTY OF ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of T-Mobile West LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and for the State of My commission expires SITE LEASE AGREEMENT- TMO Site ID: SE04753A 2023. 11 /2022 CITY of CITY HALL Fe d e ra [ Wa 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedera/way com EXHIBIT A LEGAL DESCRIPTION OF PREMISES The property is legally described as follows: TRACTS A AND B, MEADOWPARK DIVISION 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 145 OF PLATS, PAGES 98-101, INCLUSIVE, IN KING COUNTY, WA TAX PARCEL: 542242-0900 SITE LEASE AGREEMENT - 12 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederalway. com EXHIBIT B SITE LOCATION WITHIN THE PREMISES, SITE PLAN, AND EQUIPMENT SITE LEASE AGREEMENT - 13 - 11/2022 TMO Site ID: SE04753A Ti Mobile. ZONING JURISDICTION: CITY OF FEDERAL WAY SITE ID: SITE NAME: SE04753A TWIN LAKES - BPA PROJECT TYPE: SITE LOCATION: FSA: ANCHOR+L600 1425 SW a4BTH STREET TAEC FEDERAL WAY, WA 9ama LEGAL DESCRIPTION: UTILITY COMPANIES: PROJECT CONTACT LIST: MEADOW PARK DIV NO, 01 POWER: BACKHAUUAAV: COMPANY PUGET SOUND ENERGY COMPANY: APPLICANT: PROPERTY OWNER: CONTACT: CONTACT: T-MOBILE USA, INC CITY OF FEDERAL WAY PHONE: PHONE: 19807 NORTH CREEK PKWY N 33325 BTH AVE SOUTH, EMAIL: EMAIL: BOTHELL, WA 98011 FEDERAL WAY, WA 98003 PHONE: 425-641-1140 (253) 835-7000 VICINITY MAP f � Y s Sw •'^� N.m..� SITE LOCATION � >. DRIVING DIRECTIONS: LOCATION MAP FROM LOCAL T-MOBILE OFFICE (19807 NORTH CREEK PKW Y N, BOTHELL, WA 98011) 1, MERGE ONTO H405S VIA THE RAMP ON THE LEFT TOWARD RENTON S. TURN RIGHT ONTO SW346TH ST 2, 1405 S BECOMES WA518W 9. TURN LEFT ONTO 10TH PL SW 3. MERGE ONTO I5 S TOWARD PORTLAND 10. TURN RIGHT ONTO SW 347TH ST 4, TAKE EX IT 142B TOWARD WA-161 S/PUYALLUP 11. TURN LEFT ONTO I2TH AVE SW 5, MERGE ONTO S 348TH ST 12 TURN RIGHT ONTO SW349TH ST 6. S 348TH ST BECOMES SW CAMPUS OR 11 TURN LEFT ONM OPAL GRAM ACCESS ROAD 7. TURN LEFT ONTO 6TH AVE SW DESTINATION WILL BE ON THE RIGHT REYIV&RO MNALLSI _r1.PiUA1—A -1—Ta FAC]L REDLINE HDTE AS INUWIN05 ARE BEIWi REyIEyYE1) APPROVED BY: DATE: SIGNATURE: APPROVED BY: DATE: SIGNATURE PROJECT MANAGER: RF ENGINEER: SITE ACOUISTION: OPERATIONS MANAGER: ZONING: DEVELOPMENT MANAGER: CONSTRUCTION MANAGER: REGULATORY: CONSTRUCTION MANAGER: 10 i l Kn•• •5n6 BELOW. Coll e.1-• ,a.. c4 TOWER OWNER: BONNEVILLE POWER ADMINISTRATION 75DO NE 41 ST ST. STE 130 VANCOUVER. WA 98662 CONTACT: JONATHAN TOOBIAN PHONE: (360)6195904 PROJECT A&E: COMPANY:TAEC CONTACT: JOEL HARTMANPE PHONE: (801) 463-102D i107 EMAIL: )uel haCrnan@sec net PROJECT INFORMATION: RF ENGINEER T-MOBILE USA, INC- CONTACT: LARRY WEST EMAIL: LARRY.WESTI6@T-MOBILE.COM SITE ACQUISITION & PERMITTING: COMPANY: TAEC CONTACT: MEAGAN DOCKTER PHONE: (206)21S-7101 EMAIL: mea9an.d,,kterQ�m n•t CONSTRUCTION MANAGER: COMPANY: TAEC CONTACT: TAYLOR FELIX PHONE: (925) 809.2889 EMAIL: layl0r.lelw@laec.nal CODE INFORMATION: ZONING CLASSIFICATION: RS7.2 BUILDING CODE: IBC 2018 CONSTRUCTION TYPE: LIB OCCUPANCY: U,S-2 JURISDICTION: CITY OF FEDERAL WAY PROPOSED BUILDING USE: UNMANNED TELECOM: SITE LOCATION (NAD83): LATITUDE: 47. 1T 18 B"N (47288556-N) LONGITUDE 122. 21' 17.6W(422354869-W) TOP OF STRUCTURE 5221'AMSL 133.0'AGL BASE OF STRUCTURE: 35AV AMBL DA-AGL PROJECT LEASE AREA: PARCEL NUMBER: 150 SF 5422420900 NEW IMPERVIOUS AREA: O SF AREA OF PARCEL: 2.39 ACRES GENERAL INFORMATION: PARKING REQUIREMENTS ARE UNCHANGED TRAFFIC IS UNAFFECTED SIGNAGE IS PROPOSED M1GAWIAI% I.r. r. SHN "ET OESORIP110N TITLE&HEET TCE NOTES&LEGE3D3 A-1 SITE PLAN A-2 ENLARGED SITE PLAN a ANT&M PLAN A -T EQUIPMENT PLAN A-4 VATIONS Ad ELEVATpHS And iDETA1L5 A•T OETAILO AA arrm S A-9 ANTENPLA LVUWPEG SPECIFICATIM0 A-10 mew FIBER FEED PENDANY CV NIECT E•1 EIEGTRICALlN1T65 EQ eICCrRIGU FsiI /IINEL SK:HEAOLEi D1AORAAG Ea rRCAL RAiaS 04 OROOYOINGPLANB IH ORpWlgNG1T1eTAll.>, RF-1 RF DBTAIL7 itF-2 RF Owxu- Y PROJECT DESCRIPTION: T-MOBILE PROPOSES (PER RFDS VS,O3-17-22) TO MODIFY AN EXISTING UNMANNED TELECOMMUNICATIONS FACILITY WITH: THE REMOVAL OF: (2) (E) FSME (5) (E) SBNHH-1 365MR (2) (E) FBBC ANTENNAS (2 PER (3) (E) FRIE SECTOR ON POS 1 AND (1) (E) FXFB POS,2) (2) (E) FXFC • (a) (E)1 S/a COAX • (1) (E) ERICSSON MINI CABLES LINK • (5) (E) D81921-DDA • (1) (E) 2G PURCELL (E15SOBP45)=S SUPPORT • IS)(E) TMAT1921B78-21A • (8)(E) BATTERIES (E1SZ01P33)TMA'S • (1) (E) RECTIFIER SHELF • (3) (E) ECC1920-VPUB • (1) (E) CSR 7705 SAR A DIPLEXERS (E)BREAKERS • (3)(E) CBC51B21X-DS-2X • (3)(E) FRLB TRIPLEXERS • (E)CONDUITS AND • (2) (E) MICROWAVE FLUSH CUT/SEAL ALL DISHES REMAINING CONDUITS • (2)(E) ULTRASITE OUTDOOR CABINET • (1) (E) ESMB THE RELOCATION OF: • (E) GPS TO (N) ICEBRIDGE POST • (1) (E) GPS TO (N) ICEBRIDGE POST CLOSEST TO HPL3 THE ADDITION OF: • (3)(N) 150HCS 2.0 TRUNK WITH- HCS 2.0 JBOX (ONE FOR EACH SECTOR) • (3)(N) 15' HCS 20 JUMPER CABLE-10AWG2PRAIRSCALE • (3)(N) 15' HCS 20 JUMPER CABLE- ZX6AWG 2PR AHFIG • (3) (N) 15' HCS 2.0 JUMPER CABLE- 2X6AWG 4PR AEHC • (3)(N) FFWSSA-R2-V1 ANTENNAS (ONE PER SECTOR ON POSITION 1) • (3) (N) AEHC ANTENNAS (ONE PER SECTOR ON POSITION 1) • (3) (N) AHLOA RADIOS BEHIND POSITION 1 ANTENNA (ONE PER - SECTOR) • (3) (N) AHFIG RADIOS BEHIND POSITION 2ANTENNA (ONE PER - SECTOR) • (1) (N) PURCELL HPL3 600A SSC (2) (N) ASIB IN HPL3 (1) (N) ASIL IN HPL3 (2) (N) ABIO IN HPL3 (3) (N) ABIA IN HPL3 13) (N) ABIC IN HPL3 • (2) (N) AMIA IN HPL3 • (1) (N) VOLTAGE BOOSTER IN HPL3 • (1) (N) EXTRA BOOSTER AMPLIFIER (1) (N) RECTIFIER SHELF • (1) (N) CSR IXRE V2 (GEN2) IN HPL3 (N)BREAKERS (1) (N) PURCELL LB3 BATTERY CABINET (4) (N) STRINGS OF BATTERIES IN LB3 (3) (N) HCS 2 0 J BOX ON HOT DIPPED GALVANIZED STRUT (1) (N) ICEBRIDGE NEAR TOWER (N) STEP UP STRUT BEHIND HPL3 (3) (N) ICEBRIDGE POST IN SOIL CLOSE TO FENCE TO LEAVE ROOM FOR CONDUIT (1) (N) TRENCHED CONDUIT BETWEEN CUBE AND HPL3 WITH (1) (N) 1"INTERDUCT (2) (N) SM LC TO LC FIBER CABLES (3) (N) SHEILUED CAT 6 CABLES (2) (N) W AWG THHN POWER CABLES (1) (N) TRENCHED CONDUIT BETWEEN (N) INTERSECT PANEL AND (N) HPL3 WITH 3/0 POWER CABLE FOR HPL3 (1) N) DIVING BOARD OVE LB3 CABINET WITH (1) (N) TECH LIGHTAND GFCI TIMER (N) GRAVEL AND WEED ARATMENT WHERE DIGGING TAKES PLACE (N) MGB BEHIND HPL3 (1) (N) TECH LIGHT NEAR (N) COVP UNDERNEATH (N) ICEBRIDGE PLAN$ PRP 1 FOR: T Mobile 19B07 NORTH CREEK PKVW N BOTHELL WA 98011 HA4 FOWARM.on Technology *#Pmoclates SEATTLE MARKET OFFICE 9725 3RD AVENUE NE, STE- 410 SEATTLE WA90115 I% ACOW IPPAO k Sm r•- O.u.fY Y P•A••s, WI•;c THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE BOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUTTHE EXPRESS WRITTEN CONSENT OF T-MOBILE. RMSIONS: ITBSCBlAT)pN wTE BY PTV SRE NAME TWIN LAKES - BPA 511E NUN6ER: SE04753A aRE ADDRESS: 1A!$ SW 369TH &T RcE i FEDERAL WAY, WA 98023 TITLE SHEET SrRI •WNIR T-1 GENERAL NOTES �ONoww "A.':'AM M PEDOx Y vs P Rs0 P G"A'ELIS 11Po9 XUNAx¢NPRN°�cI29�TKe FACIU,r 15 2 ALL FLs111.p WNCI1RIN5aN0 gNElarax6 PRloR la sueNmINCHINo.A.—EVAM,YEs WMDGTRDRDX 6 N 6nLLBENEPDRED.TEFANYER ERRORS RPRIDR01DIBMNI.FANGI 6.ANOPHAP'o GNT FPS ND"T'GIT'"NOAMERROR60H6 E�Dnow:XEOGMRGTGR6 LLBE " gTHEITAITOFWN6TNDTIOx�VMCIHASHITBUN LANDLORD SIGNATURE nExA NOF TTWAAwcI°m�Ec°,h6ri IRR DIMILIWIIR IIEus MUCTIF TxEVIT OM. EMUHID F ABBREVIATION DEFINITION ABBREVIATION DEFINITION cD , HA PP D r c , craR,HE Ex - R sv L F a c. BPR TVA"JDµ 71RANSN[BSpH LdiE R FDxIN �un�o LEGATEWu>`wLIXcraq sNGiwuaF�wxITEPE°viai xar Aucxoq 6oLr IcnnoNloRl riMSH TACOMALOVINGTON N05384 SITEp AD73 ITH"EPucMOAM onNArt TO THE Ununes rAus6O DYRNGTIEIXEcu,wxoF,XENDR..WNTAcrUU OrouERre'CA BOON EWYER R.—NA,i AssEA,BLY FLOOR DE c II OR aa. 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T...d.. - cEMERUNE ��F� ,s DER—ToRlswvLABST .fEAurow BlmcRw w,.._,B;N.n nl 1-TTc ce.nPPRLs - - — •�OIRLY4LAfl W -- ■ �� C PABL` .I rNC"'O IAODD FENCE GENERAL FIRE NOTES: IATCH LINE ^_ DNIaPe>nevna• ALaER nON 11 RNATIONAL ALL e GDR NGwDE6 wNB,R II CODE 6 LLBEPDa MDR.PDIM LroH �RON a �� DND p,MD.D �LIN E.I6nNGBn N� eB PWxLr 6E Ea o�Ga xE6 E OR O EY ON,InEPERR�IA _S.L.. CODE 1.1 R11" L �--,81E-q CBNGLII 1 IMpaLrMlvAn"wa1F+iLuw+nweoePRINSIaLNwTlwAlnre RlnLDIrIO CODE-11 �e—vlwnoumllcrePl Om__ ' THAVELOISTANCE ED,SICXsooD s'uARE FEE TOR POR,rox UPIIOHL IMGOOrz'Im IeNTMERNATI ALILBURNo ceNESI 1AMSECTroIRSE1 II E REBEDD; al couWrt -per YIPCD erpaN DPAN. 3 GENERAL NOTES 14 1 LEGEND 1 3 1 BPA NOTES & REQUIREMENTS 2 PLANEPRI-11 FOR T Mobile 19807 NORTH CREEK PKWY N BOTHELL WA 98D11 PLANS PREPARED I$' Technalegy°*Awoclales SEATTLE MARKET OFFICE 97253RD AVENUE NE STE 410 SEATTLE, WA 98115 _ISE..,. . APPROVAL SEAL THESE DOCUMENTS ARE CONFIDENTIAL AW"M THE BOLE PIMPERW OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED MIITNOVT THE H7IRRESE WRnTEN CONSENT OF T-MOBILE. [ -aw 0E5cR7PTIOR OATIF RYsY REV SNE NAME: 1w LAKES- BPA YRE SE04753A SNE ADDRESS: 1425 SW 349TH STREET FEDERAL WAY, WA 98023 SHEET DESCRIPTMN: NOTES 6 LEGEND n.. T-2 Lx=,7 SW 348TH ST LRX-M-17 LANDLORD SIGNATURE BPA IT""' TRANS"USIN LIPM TACOMACOVINGTON NOS 3 S 4 SITE# AD13 DISCLAIMER SEDEP U G) uRRErnuNDWRV AELPR,DPERIYUNMFAS IN S vERIR® PRIOR TO START OF STAKOOESNOTO OOURTR_ DPFO OR UI.ES.FASEIS 1OA03AM5ET EG. I L Ew I RESI�IAL7 I`I 1 SW 349TH ST P. I ss rRANBL,DNTD�,�ER 1 2 / i TH I j � r � I L � R ESIDFHiuL + I 7 pa o I N 7E PLAN JURISDICTION: `� ' • ��OSV • Y I LmOF FEDS—YAY ZRM I _ I I I A�mTw iaa ie:wY�w wa - II �„•aT.1�„n T-... s>e�nn Iab.a•+a.eOOI5Td•nn I �T mcRouHD TRNDC IJ TEiELH(OUNDI I I SITE PARCEL NUMBER: P-1 PREPARED FOR: T Mobile 19807 NORTH CREEK PKWY N BOTHELL WA 980I I KF WVv W. Technology*Assoclates SEATTLE MARKET OFFICE 97253RDAVENUE NE, STE.410 SEATTLE, WA 90115 aRSYCIW APPROVAL s— DP.WINO NOTICE: THESE DOCUMENTS ARE CONFIDENTIAL ANDARE THE ®OLE BE RE R ODU `1DISSEAND MAY NOT DIREPRODUCED, DISSEMINATED EX REDISTRIBUTED YdTRCOMTHE E1P TJJO A`IiE- eeet[aNrar fLOd1LE- RL, SIONs: DESCR�TION >IATIE w NEY SIZE WWE: TWIN LAKES - BPA SRE NUMBER: SE04753A SrtE ADORE59: 101 349TH STREE T FEDERAL WAY, WA 98023 slsJ+ otscwcl.. SITE PLAN sw NU ' A-7 Ff�l 'f I OQSfe�m>>� � ♦I0.Cvad+ rJ' �I I 1 +-�[Rs�w vaiieLw vlaNrNwu I•- - �siINO T��BIuuEOu-1&xr AREA, L.......... SITE PLAN LANDLORD SIGNATURE BPA TOWER N314 TRANSMISSION LINE TACOMA-COVINGTON N05384 SREM AD73 DISCLAIMER A 1UR -UNDSU 1sO�CLD nllwlff n�.e.VttV avEvvELLM-o P—I R os'' ovnwr DEESu GUARA TMucuRAcr UU_EASEN ROADSAROSETaA— .......El I": T Mobile 19807 NORTH CREEK PKWV N BOTHELL WA 9BDI1 Tschnology Assoclales SEATTLE MARKET OFFICE 97253R0 AVENUE NE, STE 410 SEATTLE, WA 9BI 15 •VSSKnDu u'R.044 LE17: HDTCI THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF 'MOBILE AND MAY NOT BE REPRODUCED, DISSEMYNI'ED lift RuI.tkBIVTED WITHOUT THE EXPRESS WRITTEN CONSENT OF T-MOBILE. .�A DESCRIPTION DAB A` .TS'! TWIN LAKES - BPA SE04753A SIZE ADDRESS: 1425 SW 349TH STREET FEDERAL WAY, WA 98023 EHLARGIED SITE PLAF1 SHEEP NUMBER: A-2 BPAT0WER#W4 TRANSMISSIONLINE TACOMA-00VINGT0N N0S 38q SITEN AD13 LANDLORD SIGNATURE TOWER: FINAL EQUIPMENT INVENTORY ROPE OF MRK RNII TECHNOLOGY ANUFACTUR MODEL DI=S lEW REMOVE METW lat --A rtYi•N ILEY. 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REI i II i kV rerwr.eoa+m u Ill rsw TW le xapYwTlO i"b'�°]`a I 11 —1. r,A—EDPEANT—A =T ,j I I rzTornu iLL - -- , i 3 EQUIPMENT PLAN (EXISTING) ;, �>'�:r; n 7 EQUIPMENT PLAN (FINAL) .,AAP. P.EP.A.4 ,Er T Mobile 19807 NORTH CREEK PK N BOTHELL WA 913011 'LA'/. P/[R41td Yh TechnologytAssociates SEATTLE MARKET OFFICE 97253RD AVENUE NE, STE. 410 SEAT I-E, WA 99 115 -•n6wc.nl. IrrrYiW. ssr] I— ENGINEERING SEAL: DRAWING NOTE: THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED IMTHOUT THE EXPRESS WRITTEN CONSENT OF T-MOBILE. WfYLS.irk �RIyPTION OF�E BY REY 50f NAHE• TWIN LAKES - ENE NxMBER BPA SE04753A ;Irr Aoou:�. 1425 SW 349TH STREET FEDERAL WAY, WA 98023 EQUIPMENT PLANS s„rcr Ylr]IgY:.. A-3.1 BPA TOWER I319 TRANSMISSION LINE TACOMA-COVINGTONNOS384 SITEMADII LANDLORD SIGNATURE �oq�eF�a i P Rn1.M=-.�—u.T '"99 nSmne �. yw _ N>tnw!nNml.*nn II4 III 11 IC t --A0PER sax B—.RE ITPEREEGroR TBEGTORB ' n'p - - �paBL T"v.-a�ryq NRIfLiA!HCE S9lAR ID. aT r.2a-.�.. �fAlY l+d T,,qP ! sTOTALI TD aERE>wovEO i [itY. �laLTa—G' Tm'W NEArT«aEAB u,wADAnI EwsiNO T�ADBILETMAnlw xEwnw�ABylrrq.a>,DI wlerla I L. arrM.aaacmR.,tStAa y,I uEmaEarcrcawarorw (N1-021.1—A Ito MTATo BEREn D 4 A 1 _..1 �IR _ Yt1AU I e Y��. 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ELEVATIONS SxEET NUMBER A-4 BPA TOWER p3l4 TRANSMISSION LINE TACOMA-COVINGTON N05354 SITEA ADI3 LANDLORD SIGNATURE ♦,roeRElAExcl AurduA �I,Pm 4r"*ESo[E>uwne a_�' _ ECTORS �ELEV ,u RDF xEvi aoMLE ANIENNAe nneL ¢mmR.¢¢EDTDR¢,a TDTALI • As � swRcre«vn.rr s —AT.MOBRECMR 3 unEuueaPD+sEcroR as[cTORs ¢ o umeEREMDNEo �TE°�-°,.'.`,wrarx'°ee uT.InumefTeM. _ svnoal>.[*oa>.a+oeau� e�D aR�As,e�VlfeeALa� aaaPxr.A x.ApM,[1Nn 1¢ITMAspm,ex,-Oo-AIPM ¢a[Nlla!P+HwM>taaNlAM,eMw R Pp /W P41 ar4T91\ a ry}ILI IN) - Mp�T WMlM%x¢ v[uDANTei TOTAL) T0—) TBTsz,A, (,aI TOTAL)TO eE REMovm la aa[TI,M lyoe¢e LFre l[n MINES i+4r0.r W+Y3aA1 ..B. M12 TOTALIMIE RE-vROVIDm FMNRE wcAalAWdPleilu Rel 1Tll1U! 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WA 98115 +.IIIILS4P11 AFPPWM RIL r^ ENGINEERING SEAL: DRAWING NORCE: THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PAOPSM OP T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF T-MOBILE Rlx¢nr} DESCRIPTION DAB BY REV ALL�Wraol •r•v....}, SRE NAME: TWIN LAKES — BPA SE04753A [11 ADpRE59: I Q5 SW 30TH STREET FEDERAL WAY, WA 9BD23 ELEVATIONS A-5 NOKIA: (AIRSCALE DUAL RRH 4T4R B12771 240W AHLOA COMMSCOPE: FFVV-65A-R2-V1 LANDLORD SIGNATURE APw'AE IYFC AFL 1Y MAS 1011 RADOME COLORDOME IAL re�vo Asn wAew*An alp:[ L1.y[ LAL• LIGHT GRAY AN E�tivL LHA':SEG R BPA TOWER PW4 TRANSMISSIONUNE DIMENSIONS HWWD 46Iefi'x 1r463' TACOMACOVINGTON N05384 SITEWAD73 WEIGHT 637e IN »mMs4o0.235omm) GBINEi.Pet PLAN �� (MOUNTED WEIOHl) MLMENXf D3 x kal STE¢-TO —ERE W4 Tpq P(wInLY (6)43-10FEMALE REMUIFEDU— dal L MT RLMYra w7GL[IYI RCPICIRT[ - Is4nA11:tW[lgfil[A ET INTERFACE D4�L DLMFBwaLIM'WIDLN LLASL OCC Es R6nRTx ESR-tBtO mzz PLAN VIEW SIDE VIEW PERSPECTNEWEW XTL MpggAp[Y,p[7[LyAa ti[ON4LewuOFTLL[eAwl{T 75.x- AfOT USED 10 CABINET ANCHOR DETAIL H 7 AHLOA $` 4 ANTENNA SPECIFICATIONS a 1 PURCELL: HPL3 600A-08POS 19-23 IN. 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I CAN BE INSTALLED INSIDE A 16• WIDE RACK OR CAS NET_ IT INCLUDES A SUBRACK FRAME A SACKPLANE FOR HIGH BANDWIDTH INTERCONNECT RETW EEN AIRSCALE COMMON ANND NR6GLE CAPACITY PLV W N UNITS. HAS FANS WITH CHANGEABLE AIRFLOW EC. ANO H49 BLINOVNTS TO PREVENT COOLING AIRFOW LEAKAGE, RAYCAP: POWERPLUS 100-3-1U paste n,v. us•. I,r• Mspypl xIlBS VOLTAGE BOOSTER POWERSAFE: SBS 1BDF NOMINAL D MEN]SIONS LENGTH TH HEIGHT WEIGHT 1]21bs NOKIA: AIRSCALE CAPACITY UNIT (ARIA) DIMENSIONS 6% SIB I 1 WEIGHT eE11M ODE FUNCTIONSINDOOR CAPACITY EXTENSION PLUGIN UNIT.HAS6OPTICAL HFINTERFACES UP T06 Ghps OBSAI OR 9 B Gbps CPRI 0-COMPRESSION 15 SUPPORTED WITH RI LINKS of �.: .....� :- o(.� �.�: �.��.• NOKIA: AIRSCALE CAPACITY BASEBAND MODULE (ASIL) ..EN510N5 I e9YB —A S. e] As. 47 Mu6 AT( oGnGMGrsGI I.-1—I •ImPfOwtllnnspDrl N�.u9M1DM 15Ghps-2]Gbpi• • Inl ^DnIeE ElMmsl cxncNn15en[ aYnch hops . 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D... .I APPROVAL SEAL r^ ENGINEERING SEA: Iw.BBi -me THESE DOC UMEIiTS ARE CONFIDENTµL AND ARE THE SOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED CIA REDICTWWKJM* IMTHOUTTHE EXPRESS NWRTTEN CONSENT OF T-MOBILE. M[Ar.DNY DESCRIPTION DATE BY REY C. SIZE HAVE TWIN LAKES BPA SE04751A ERE ADDRESS: 14 SW MYH STREET FEDERAL WAY, WA S:: . 2n oExe.Twr ELECTRICAL NOTES SHEET NUMBER: E-7 VOLTS 12D 124¢J FEED 20DA NOTES: 1M ppx pp� vap — PHAI 1-ALL EQUIPMENT (FUSES. CIRCUIT BREAKERS, BUSSING, ETCJ SHALL HAVE A SHORT CIRCUIT RATING EQUAL E ]• PANEL SCHEWLE A B OR GREATER THAN, THE AVAILABLE SHORT CIRC ITTOvrrAnr rdrwy¢crgr It«"AQ,IHa, LANDLORD SIGNATURE p i¢ CURRENT AT THE LOCATION. uxcEu 1 ] 3. ALL ELECTRICAL EQUIPMENT EXPOSED TO THE RECEPTAOLE BPA TOWER TRANSMISSION LINE Tp 2 ALL ELECTRICAL EQUIPMENT SHALL BE U.L. LISTED, 2p Olxme0lwcxD Tc ryIN TA COMALOVINGTGTON N053B4 SITEN AD73 >a B WIr>r w Tvss 9 ¢ WEATHER SHALL BE LISTED FOR EXTERIOR USE. - 1M mBa GENE —OR RECEPTACLE r 4 SQUARE"0" NOOD PANELBOARD I¢ 5- CU-2 SHALL OPERATE ONLY IF CU-11S DISCONNECTED ati RL4cxl, rn�•uA wrrlAv FROM POWER BY AUTOMATIC CONTROLS. twas ¢µwF yteyy 6. MULTIPLE CIRCUITS NEED COMMON "OFF" HANDLE CUPS Pa.r _ rc f aAi 4`� IMI11R2nvcvrcT01E1 cRO—INDR.sTEw PANELSCHEDULE T"6 1 ONE LINE DIAGRAM w VEL =: e� LL11Lruw.Ei.+l wrH �E OI cII"inN�Fs to r .naoua as wsa ro Lc r¢w r.:eAmaRrx,�urLUALn] 1 "R-T L ta awv rlw.�Rc.axy ..... xrdieTxU•1rl .uae`d.. ewuutlrq •wocnmsr �i _ L..fa71M7. Bop Ilrr�wl�0 i.rArNcr rasa l.o PO i/' �� R. 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WA 9B115 ,ylgpplsr APPRw 5— rx.Rr� THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF _ AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF T-MOSILE, REW6ION5: DESCRIPTION DATE BY REV TWIN LAKES - r rARlDT: BPA SE04753A 5RE RDDRE55: 1425 SW 349TH STREET FEDERAL WAY, WA 98 023 ELECTRICAL PLAN, PANEL SCHEDULE, & DIAGRAMS SHEET NUMBER: E-2 BPA TOWER #- TRANSMISSION LINE XXXNAMEX%X SITEM%XXX LANDLORD SIGNATURE�°�` Lr�l�+�•LN FROMMDN RER , soEL� N. FMINc,uOmO Qm0• PMwOm O• u11.r Mttvm ""•• °O 0: omo• ODIC*- omo• R omoamp• omo• omo• omo• Omp• omo• omo• omo• omo• oDID o• omo• Om0• ow 0• Om 0• Om 0• Omp• QL74 p• Om O• Om 0• m m DO (COOLING) CONTROLLER '••' •_..t WA .e FROM DC DIN DISTRIBUTION Q -CABINET COOL ALARM BLOCK A. @ Epma ONBB{YF tl1!([* A W IMryy dmttAnpu DC POWER WIRING DIAGRAM B� `E 1 M.T.G. FROM DIN DI 6TRIBUTION FROM DOOR iLfCAC HEATER ALARM ALARM HEATER CONTROLLER � LtDNF AySFMBLY FROM CC DIN DISTRIBUTION r. HEAT COHN FUNCTION JI PIWR IN JB DELTA T JUMPER J9 OUTSIDE TEMPERATURE J7 DACFAN (LOWER) J6 DACFAN (UPPER) J3 ALARM 52 COOLING INHBIT J4 I HEAT REQUEST COHN FUNCTION A PIWR IN JB HEAT REQUEST J9 COOLING INHBIT J7 UNUSED J6 HEATER FAN 23 ALARM J2 DOOR SW INPUT J4 HEATER REALY CONTROL LIGHTSWRCH TOHEAT �W--G CONTROLLER DOOR OPEN DETECT 8CA4R e FRaH DCCR DOOR OPEN DC CABINET DOOR LIGHT POWER WIRING DIAGRAM DETECT y q ag ° To LED ucHr i o wAu CD ? s s ° C7 kTO HEATER wAce f ELEMENT ACPWR FROM JACPWR CIRCUIT SPEAKER FROM TO DOOR W "m RI[ - DC PLANT a UPPER FAN w ,IN 35A 7 TO DOOR LTXhlt FAN 1" k} Y DC DISTRIBUTION (BLACK HARE JUMPERS TO FUSE POBOTIONS REMOVED FOR CLARITY) DC HEATING AND COOLING WIRING DIAGRAM ;,`7; 9 1 DC POWER WIRING DIAGRAM IANS PREPARED FOR. T Mobile 19807 NORTH CREEK PKWI N BOTHELL.WA 9BD11 TechnologytAssoclates SEATTLE MARKET OFFICE 97258RD AVENUENE STE 410 SEATTLE, WA 98115 1- .—IML APPROVAL SFAL: T- ENGINEERING SEAL: a..e,c "CPBD THESE DOCUMENTS ARE CONFIDENTIAL AND ARE THE SOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF TWOBILE. .L MUC DescRIPTIO M DATE ei PE, 5,1E NAME: TWIN LAKES - BPA SrtE NUMBFR, SE04753A SITE ADDRESS: 1SW349THSTREET FEDERAL WAY, WA 98023 ELECTRICAL DIAGRAMS SHEET NUMBER: E-3 MPLYNIIH ARTInEaSOOF THE MfIo_ SUBGTIN "a -NENTLI IN EFFEO MRTTHE NUTNGROY HAMNc 2 oUNDING DEV—SNAU-BEUL—ED FOR THEIR IM... 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THECONTRAcoRSHALL ENG—THEESTING FIRM OVENMY—INGAMECOEA TEST THAT THE REEIS—E To rTRH O F THE IS EQUAL TU OR LESS rHW o Msl ANCOPYOETHECOMPLETET—NG ALFtlRTiryiRTM1T.PROVIDm To THE T MO INUE 14 INSTALL.INA MORKMANLKE AUN1 IN APPROVED BY AHNJ AN o o6IN®=NNFPA90 AND Amw ■ LwFcw-RcnaF MGU1FMENR GROUND � e.owwwefLelAam .�_GRGUND LEAD IAS REQUIRED NOTES & LEGENO N,Ts¢` 1 [ EQUIPMENT GROUNDING MA.—NouNo xwo Irvv.I EAuiwo ORouxD RI NO ITYPJ VERIFY Lo TION)(—ROUNDEUMRIMELD \ / GTIONIITYPI =,OM III RDMTER I— IAREI, IRI ASIB, I!1 Aew, lfl RBp, NI Relc e�1ITI rsMIFl To IGUGN.o o.ouxo IBJUI e x�tMOW aW fxOMe OtOiYp W IIri�F� ..PA T.-R"I3A TRANSMISSION LINE TACMA-COVINDTO NN0538O SITEPADI3• LANDLORD SIGNATURE Imr,.A,IV N1eRwr WINT e e I.R — j=DVOHOUOCNTM e --1111 [TOR°P IH¢D VERIFY Locxnop lrvPl nri.1 c euO e �� WI■M�� GOxxBcrpulirMEGr.j 1.. l 2 1 ANTENNA GROUNDING PIANS PR—ED MR: ■ ■ Mobile 19807 NORTH CREEK PKWY H BOTHELL WA 98011 nAx• aRF>•RRFTF R'. Technology -*Associates SEATTLE MARKET OFFICE 9725 3RD AVENUE NE, STE. M 10 SEATTLE WA 98115 pA�LG pfR THESE DOCUMENTS ARE CONFIDENTIAL ANDARE THE SOLE PROPENTT OF T-MOBILE AND MAY NOT BE REPRODUCED, OLSSE INATED OR RETRgTK0WFEO WITHOUTTHE EXPRESS WRITTEN CONSENT OF T-MOBILE- R DESCRIPTION 1 DESCRIPTION DATE BY REV FAxIvw4 NMW sNE MAME TWIN LAKES - BPA SE04753A SHE ADDREss: 1425 SW 349TH STREET FEDERAL WAY, WA 9S023 vaF ouovYv4 GROUNDING PLANS t SHEET NUMBER: -1 G-1 71 LANDLORD SIGNATURE Brl[IILgyAwp SrR-R,flC6Cr UI,CO]OJON i ITASIO.l tRC.*I �aiafRO. "'" 'eFn""°E"°° `" "I;'AILRI ° w�";"° °l �o A [nlinul111fArc E 1. PROVIDE N00%OREASEAT CONigCT SURFACE BE mEN LUG AND GROUND 1 OR AA �1 TUBE "INUeEEN 6CC+n Aft AI ARW [1411oEBC.1NwtAHIHIwEEN 6wv.nvm GROUNDING onouNOlNO ro THE TomROR$INo DINGTOTHET WER NNG BPA TOWER If3/4 TRgNSMISSION LINE MUAIpHp hApc T yHALLUSOY TYPE PS ZMEMY TA.OMA-COVINGTON NOS3114 SITEMADI3 MOWPOL ERMIC MONOPOLES 61ULL USE IXOTHBRNIC CONNECTION. 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Ay1D EL { DESCRIPTION DATE BY ,REV SIZE uAYE: TWIN LAKES - BICA Ni NvmIP SE04753A 7425 SW 34BTH STR80EET FEDERAL WAY, WA 923 sMG:T 4�IP/0B. RF DETAILS SHEET NUMBER: RF-7 t Slox:s w ne]{ 3117122, 11:50 AM SE04753A_Anchor_5 2022-03-17 Section 3 - Proposed Template Images Configuration 56791EZ_SR_U21 * For 5G and LTE Airscale BB dimensioning refer to Fiber Port matrices. (Alpha, Beta & Gamma) LB.Mnaa FDD-Lowband rnu..Fu�nn] B12 (1-700) — 5 MHz B71(1-600) —10 MHz B71 (N600)— 10 MHz ut Aws3 FDD- Midband B4 (L00) — 20 MHz B2 (L191900) — 20 MHz B25 (1-1900) — 20 MHz B66 (AWS3) — SMHz SRAN — GSM PCS/UMTS 11. AWS TDD - Band 41 L2.5 — 60 MHz AHLOA AHFIG N25-100+80 MHz 700+600 AWS+PCS Tap Ground _ _ _ _ _ _ _ _ _ _ HC52,0 I HC52.0 TowerTop TowerTop SRAN LTE +UMTS+GSM FSMF 56 Airscale GSMNMTS PCS LTE FDDITDD Airscale) WIDs:IMds-prod-webcore-secure geo cf I -mobile mm/DalaShe UPdntoutf a7afc8�9bb74b49-948a-bfbbdtfa435b7layoulld=3fa2fd76-53ad-4r7l-99 2/13 RF DIAGRAM —S PREMED FOR: BPA TOWER R3/4 TRANSMISSION LINE TACOMA-COVINGTON NOS 384 SITEIIAD13 T Mobile LANDLORD SIGNATURE 19B07 NORTH CREEK PKWY N BOTHELL WA R011 �•1..R r.sxnro n Technology Asseciales SEATTLE MARKET OFFICE 97253RDAVENUENE STE 410 SEATTLE, WA 95115 ,.,u�1" APPRP/AL SELL: THESE DOCLP10%ARE CONF1DE"L AND ARE THE SOLE PROPERTY OF T-MOBILE AND MAY NOT BE REPRODUCED, DISSEMINATED OR REDISTRIBUTED WITHOUT THE EXPRESS WRITTEN CONSENT OF TWOBILE, s DESCRIPTION DATE ', BY REV TWIN LAKES - BPA n wwa SE04753A E ue.rss: 1425 5W 349TH STREET FEDERAL WAY, WA 98023 .Kn CLs1PROR RF DIAGRAM RF-2 ' COUNCIL MEETING DATE: December 5, 2023 ITEM #: 61 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: T-MOBILE LLC SITE LEASE AGREEMENT — LAKOTA PARK POLICY QUESTION: Should the City approve a site lease agreement with T-Mobile West LLC for use in its wireless communications services at Lakota Park? COMMITTEE: FEDRAC MEETING DATE: November 28, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call DEPT: Law Attachments: 1. Staff Report 2. Proposed Site Lease Agreement Options Considered: 1. Approve the proposed Site Lease Agreement and authorize the Mayor to execute. 2. Do not approve proposed Site Lease Agreement and provide direction to staff. MAYOR'S RECOMMEND TION: Option 1. MAYOR APPROVAL: a A, DIRECTOR APPROVAL: `� C 2 vb ' Cam tlec " Ceemcil Initia]IRate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed T-Mobile LLC Site Lease Agreement for Lakota Park to the, December 5, 2023 consent agenda for approval. PROPOSED COUNCIL MOTION: "I move approval of the proposed T-Mobile LLC Site Lease Agreement for Lakota Park and authorize the Mayor to sign said agreement. " _ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION 'Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 28, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney V ix " Z 123 SUBJECT: T-Mobile West LLC Site Lease Agreement — Lakota Park Financial Impacts: The revenue to the City for T-Mobile West LLC Site Lease Agreement — Lakota Park will be $3,603.97 per month with an annual increase of 4% on January Is' of each calendar year during the term and renewal terms of the lease. Background Information: This item was previously presented to LUTC, but pulled from the Regular Council agenda when T-Mobile presented further proposed changes to the contract after its presentation to LUTC. Those proposed items were reviewed and rejected by city staff and the item is back at council committee with a recommendation from staff for approval. T-Mobile West LLC seeks to continue leasing property from the City through a site lease agreement for a portion of property located at Lakota Park to allow for operation of certain equipment for use in connection with its wireless communication services. Exhibits A and B of the proposed site lease agreement indicate the exact location of the leased space. The proposed site lease agreement is for a five-year term that includes the option of three additional five-year terms. This agreement is substantially similar to other site lease agreements currently in effect for other companies. The City has had a site lease agreement in place with T-Mobile West LLC (formerly Voicestream PCS III) for this location since 2000. Rev. 7/18 CITY of CITY HALL A. Fe d e ra I Way 33325 Avenue South Federall Way, WA 98003-6325 �� (253) 835-7000 www. cilyoffederal way. com SITE LEASE AGREEMENT This Site LeaseAgreement("Lease" or "Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and T-Mobile West LLC, a Delaware limited liability company ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: T-MOBILE WEST LLC: T-Mobile USA, Inc. 12920 SE 38th St. Bellevue, WA 98006 Attn: Lease Compliance/SE04653A Re: Lakota Park Site 1-877-373-0093 (telephone) 1-813-353-6449 (facsimile) CITY OF FEDERAL WAY: Taryn Weatherford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2562 (telephone) Taryn . weat he rford(a)c i tyoffed a ra lway.com City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises, together with necessary space and rights for access and utilities, as described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease will automatically renew for three (3) additional five (5) year terms (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or then -existing Extension Term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Rent. SITE LEASE AGREEMENT - 1 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF e ra l a C L 33325 8th Avenue South 1% �. Federaldecal WWay, WA 98003-6325 (253)835-7000 www.cityoffederalway com a. Starting on the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent $3603.97 Three Thousand Six Hundred Three and 97/100 Dollars ("Rent") per month. As this site is currently in holdover, Tenant shall make all payments necessary to bring Rent payments current within thirty (30) days of executing this Lease. Any rent previously paid from and after the Commencement Date shall be offset against the new Rent. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 4% increase shall become effective January 1st of each calendar year. C. Tenant previously paid the City one month's rent as a security deposit in the amount of Nine Hundred Seventy -Five and 00/100 Dollars ($975.00). Within thirty (30) days of executing this Lease, Tenant shall submit to the City a supplement to the Security Deposit for this site in the amount of Two Thousand Six Hundred Twenty -Eight and 97/100 Dollars ($2,628.97) to raise the deposit to the standard amount of one month's rent. The Security Deposit shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within City -owned light fixtures, if any have been removed or broken by Tenant's installation of Equipment. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the SITE LEASE AGREEMENT - 2 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL �A ` Feder l Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www.cityoffederalway com Premises by Tenant. C. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to its original condition, excepting normal wear and tear, and to the reasonable satisfaction of the City. All costs and expenses for the removal -and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non -removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. In furtherance of such rights, the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, or relocate, the Equipment pursuant to the City's request and within the reasonable time period prescribed by the City. However, such removal shall not be required to accommodate another carrier. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or 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 premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3 ") of asphalt, class "AB", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or SITE LEASE AGREEMENT - 3 - 11/2022 TMO Site ID: SE04653A - Lakota Park Cltr of CITY HALL Federal edaral ■ � ■� 33325 Avenue South F� �`yJ y Federall Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway com 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. 7. Improvements. Tenant may update or replace the Equipment from time to time without further approvals provided that the replacement facilities are not greater in number or size or different in type, shape, color, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have sixty (60) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times, but any access to Tenant's Equipment will be with Tenant accompaniment. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance. Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises 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. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Compliance with Laws. Laws. Tenant'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. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision -of any local, state or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges SITE LEASE AGREEMENT - 4 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY or CITY HALL Federal 8th Avenue South Feder y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com that all or a portion of the premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant 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 Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City; lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to Tenant's and in compliance with the requirements of FWRC 19.255.060 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.255.060 to grant rights for co -location of other telecommunications facilities on the Premises but agrees such grant of rights will prohibit others from interfering with the then current equipment of Tenant. In addition, with regard to lessees orlicensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; v. Upon 10 days' written notice by City, in the event of an emergency, as SITE LEASE AGREEMENT - 5 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com determined by the City in its reasonable discretion; vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to terminate pursuant to this subsection, Tenant agrees that'neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any termination under this Section, Tenant shall pay City all monies due as Rent up to the time of termination and/or penalties, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition, Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. Indemnity and Insurance. a. Disclaimer of Liability: 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 Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant 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 willful act or omission of Tenant, 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 Tenant's Equipment except for claims arising from the sole negligence or willful act of City and SITE LEASE AGREEMENT - 6 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www.cityoffederatway com its officers, boards, commissions, employees, agents, attorneys, and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and including, with the exception of workers compensation insurance, the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: ii. 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. Tenant may satisfy the liability requirements herein through the combination of any primary and/or excess liability policy. ii. Commercial 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. iii. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty 30 days prior written notice shall be given to City by the insurer of any cancellation, with the exception of 10 days for non-payment of premium, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers authorized to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant 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 Tenant and participating in the defense of any litigation with City's own counsel. Tenant 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 attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, SITE LEASE AGREEMENT - 7 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY of CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cltyoffederalway com employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Subleasing or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld, provided, however Tenant may assign without City's prior written consent, to a parent, to any party controlled by, or under common control with Tenant or to any party which acquires 51 % or more of the stock or assets of Tenant. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non -Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant 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 Lease attributable to the Equipment or Tenant's use of the Premises. 22. a«iet Enjoyment. Title and Authority. Tenant acknowledges that its rights are further subject to the Bonneville Power Authority ("BPA") transmission line easements recorded under King County Recording Numbers. 5151931 and 3252563. In the event such easements expire -or terminate, so will Tenant's rights under this Lease without any liability on the part of the City. City represents to Tenant, subject to BPA' s easements, that: a. City has authority to execute this Lease; SITE LEASE AGREEMENT - 8 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF 40 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; C. - -There is legal ingress and egress to the Premises from a right-of-way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of ,the award paid for condemnation of the Premises and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant 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 Tenant. If this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration, Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and repair any damage Tenant may have caused by such removal and any damage caused by the presence of the Equipment on the Premises. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes. all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. SITE LEASE AGREEMENT - 9 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL Fe d e ra l Wa 33325 8th Avenue South a` Federal Way, WA 98003-6325 vmw� (253) 835-7000 www cityoffederalway. com d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. All actions heretofore taken or authorized by the parties to this Lease with respect to the Equipment and Premises that are the subject of this Lease are ratified, approved, and confirmed in all aspects. 26. Legislative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. DATED the effective date set forth above. [signatures to follow] SITE LEASE AGREEMENT - 10 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF Federal Way ATTEST: Stephanie Courtney, CMC, City Clerk CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www a1yoflederalway com CITY OF FEDERAL WAY: Un Jim Ferrell, Mayor 33325 8th Ave South Federal Way, WA 98003 APPROVED AS TO FORM: City Attorney, J. Ryan Call TENANT: T-Mobile West LLC, a Delaware limited liability company By: Name: Title: Date: T-Mobile West LLC STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of T-Mobile West LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN my hand and official seal this day of 92023. Notary's signature Notary's printed name Notary Public in and for the State of My commission expires SITE LEASE AGREEMENT - 11 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL �.._. Federal 'Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway com EXHIBIT A LEGAL DESCRIPTION OF PREMISES The property is legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF 21s" AVENUE SOUTHWEST, SOUTHWESTERLY OF ROBERT MALTBY ROAD (ALSO KNOWN AS SOUTHWEST DASH POINT ROAD) AND SOUTHERLY OF SOUTHWEST 312TH STREET; AND THAT PORTION OF SAID SUBDIVISION LYING NORTH EASTERLY OF COUNTY ROAD NO. 980 (ALSO KNOWN AS 211T AVENUE SOUTHWEST), SOUTHERLY OF SOUTHWEST 312TH STREET AND NORTHWESTERLY OF ROBERT MALTBY ROAD (ALSO KNOWN AS DASH POINT ROAD). TAX PARCEL: 1221039016 SITE LEASE AGREEMENT - 12 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL Fe d e ra Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cifyoffederaMoy- com EXHIBIT B SITE LOCATION WITHIN THE PREMISES, SITE PLAN, AND EQUIPMENT SITE LEASE AGREEMENT - 13 - 11/2022 TMO Site ID: SE04653A - Lakota Park T R -Mobile-, A T m - Mob i le eQTHELLY RYKA*CONSULTING SITE NAME: LAKOTA PARK Fwn IIREF,EaTa D.. SITE ADDRESS: 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 m G ! 1 MORRISON HERSHFIELD T-MOBILE SITE NUMBER: SE04653A 69D 9T SEATTENA.E 1 E200 6FATTLE, WA9 IDI .e29929e rnD PROJECT: ANCHOR/ L600 KYIRI DN,MPW,nFnneMaam IN. PRaNELT NDMNge z6D119ADD PROJECT INFORMATION VICINITY MAP DIRECTIONS INDEX OF DRAWINGS A q SITE NAME LAKOTA PARK T DIRECTIONS TO SITE (FROM T-MOBILE OFFICE. BOTHELL. WA): SHEET DESCRIPTION O 0➢/21I2] f�k &1 Lpr,' SITE ADDRESS: 31334 SW BASH POINT RD • HEAD SOUTHON 120TH AVE HE FEDERAL WAY, WA 90023 RIG ON. JEST TURLSTU" LOT 7 WMCSIBM 11M LEFT OMO THE 1MHRSTATE Wi 5 1-1 TIRE SHEET COUNTY: KING COUNTY —DE! 4T 19' 13.6- N (47,320H4') G • R` fljM s T-2 RAL GENENOTES LONGITUDE 12T 21' 37.2• W 1-122 ]fi0J3]')KEEP ADELAIDE BUENNA LCrF Gk Y A-t 5E PLAN ELEVATON: t26DO' AMSL 1ERLICTLAIE lKgO' 91'-e' (TOP OF POLE) ACEP l� 1xKE FINE CM KMRO 1-5 9 TORARO PORMND A-1.1 ENIARGED PWN JURISDICTIDN: FEDERAL WAY W'9E w T47 rm S mND 21 • W4 wr TWA FOR 5 2T2N0 51 1-1 2 EOUIPNENT PUN PARCEL 1221039016 S • VX NE LCH T LANES 10 TORK LEFT ONTO HWY 99 A TOWER PROFILE SET NOT TO BE USED FOR CONSTRUCTION PARCEL SIZE: 3285 ACRES G/wA-aernAOATc �. A UNLESS SIGNED BY DESIGN PROFESSIONAL AND STAMPED AF—ED BY MUNICIPADTY ZONING: SE a� . 1MIIN IL4,'INI OIYEO S "I 20XYF RD TWH LEFT AT 115T pT -p A-3 CONSTRUCTON DETAILS OCCUPANC: U ,ti � MIRROR LAKE ' A-4 A-5 CONSTRUCTION DETAINS UCENSURE: LYIMATMW:SIDY WFOR�IYYA AfEU V CCNSTHlCRW: IXISRNG/NO CHANGE - rs sATE A-6 CONSTRUCTION DETAILS CONSTRUCTION DETAIIS CON STRTYPE V-B _ t PROPOSEEDD USE: UNMANNED TELECONMUNIG110N5 FACILITY A-] CONSTRUCTION DETALS �� (') y p'A NMNCYAP OEWEIEMLULS. FMILIF IS AND MR HUMAN UANNEDHANDICAPPED LakoLQ M1OOle ScnoO1 A-B CONSTRUCTION DETAILS ,� 1 I HABITATAAA ION. ACCESS REQUIRED PF-1 ANTENNA CONFIGURARDN C+� TOWER OWNER: Cf1Y OF FEDERAL WAY RF-2 PLUMBIC DIAGRAM 33325 BM AVE SOUTH FEDERAL WAY. WA 96003 „ RF-3 TYPKAL SECTOR SFP E-I ECINPMENT ELECTRICAL/CROUNOWG PLAN PROPERTY OWNER: CITY OF FEDERAL WAY 3J325 BTH AVE SOUTH - E-2 WIRING DIAGRAMS 14E;TL •T; FEDERAL WAY, WA SHOO] E-3 WIRING DIAGRAMS JAQYAL APPLICANT: T-MOBILE 19507 NORTH CREEK PKWY N ' E-4 ANTENNA GROUNDING SCHEMARC BOTHELL. WA 98DII MDT 70 WALE NWN I E-5 GROUNDING DETAILS PROJECT TEAM SCOPE OF WORK APPROVALS CODE COMPLIANCE T-MOBILE PROPOSES TO MODIFY AN UIONG UNMANNED TEIECOMMUNICAPONS FACRHY WRH THE FOLLDIIING:SITE [7��7KOTAPARK ACQUISITION: PRW[CT CONSULUNT •REPIACE(3) HEX W/ (3) OCTOAPPRUVAL SIGNATURE DATE PERFORMED AND INSTALIED ALL WORK AND MATHE PROTECT MANAGER RYNA CONSULTING AU9RI90. 4 INfR➢IFIMD CORN`. • INSTALL (3) OUAO CC C RENT CO ACCORDANCE WRH THE CURRENT CONDITIONS OF THE FOLLOWING CODES AS M28 AIRPORT WAY S. STATE 112 wo 5T[RM(IT 11. 3ANTE 200 SFATTLE. WA 9B10B SFATRE. WA %IDI INSTALL (JI AEHC ACME ANTENNA/RADIO REMOVE (]) FRU, (3) FRLB, (1) F M ADOPTED BY THE LOCAL GOVERNING AUTHORMES NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES: T-MOLE � R T^ILL THL 10. CONTACT: JESSICA PIERCE CONTACT: ROY LORETE • RELOCATE (11 FXFR TO GRACE LEVEL • INSTALL (J) AHRG, (3) AHLOA �paKj,CNSpryWE YN99NCIDN STATE AND LOCAL BUILDING CODES WITN THE FOLLOWING SE04653A 511E ACOUISITIDN PHONE: (206) 523-1941 PHONE: (206) 703-9031 0�1yTRp REMOVE (1) COVP TO BE UPGRADED N 2DOA REFERENCE CODE: Horel40moFKeonMlaNfieltl com • REMWE (6) DIPLEXER PER SEPARATE ELCTRCL CONSTRUCTION MANAGER sI1E ADDRESS: 31334 SW DASH POINT RD • RELOCATE (6) DIPLEXER TO GRADE LEVEL SERACE UPCIRADE SLOPE • INSTAL (3) STriE JCX TMA OF WORK/DESIGN, UNDER • REMOVE (1) HCS 1.0 SEPARATE Fl£CIRKAL 2018 INTuftTIONLL BUEDINO CODE (IBC) 201S INTFANATIDNML MEgMNG1L CODE (WC) 2016 INTFANAMINN. FIRE CODE (AFC) i017 NATIONAL ELECTRIC CODE (NFPA 70) SIZE OWNER PERMITTING: ENGINEER: PERMIT AS REQUIRED. TO INSTALL (2) HCS 2.0 CABLES W/ PENDANTS BE 1xLWDED IN NTP FEDERAL WAY, WA 98023 i-HOWL RlYR1DPl(2Nf RYKA CONSULPNO C LANCE COOKE Sf26 AIRPORT WAY 5, SMLIE 132 MoMR,e MI Rv 6xm CORP •INSTALL (6) 7/B' COAX 1-&mf LDN6FALCCi■aM 141NIW:O1 SKZFI MW: SEATTLE. WA 9B10B PHONE (503) 595-9128 GROUND SCOPE: • UPGRADE POWER TO 200A CONTACT: CHRISHNE CONIRERAS N,eaLA4NIrNenx9•VNpAnNef can REPLACE IXI511NG PPC W/ NEW EMERSON PM p 1-MpB9C ORS MMAOTR PHONE: (206) 52J-1941 cconlraraeOryKRconeullin9 com •REMOVE (I) PURCELL RAC72, (1) ULTRASITE, AND (1) FCOA CABINET • INSTALL (1) PURCELL HPO 600A DC POWER CABINET. (1) LBJ BATTERY CABINET • REMOVE (1) 10 HIGH -CAP COVP CONTRALTORTOCALLTOVERMYUTWTIESAT LFASTTYOWONKING DAYSP—TODICCWC TITLE SHEET T-Y R(GL4ATORF REA,EV T-MOBILE • INSTALL (2) 20 JUNCTION BOXES INSTAL (I) VOLTAGE BOOSTER FOR LTE TOIDWAN6T3 bBIW T-MOWE PROJECT ARCHITECT: REPLACE "STING TELCO BOX W/ MV CUBE AND RELOCATE LEC ROUTER TO 9 ho d� T-MORLE ROBERT "RA WHTpL O CEI M" MORRISON HERSHFIELD CORP CUBE: COORDINATE W/ CM UPGRADE 7210 SAS-MXP TO IXRE E•[[T IlyupF31 00 NOT 5TJ1I ORA�3NG5 PHONE:(425) 279-35 1 PHONE (954) ST7-4655 RELOCATE ESMB AND FSMF FROM OLD PURCELL TO NEW HPU; CHECK VERSION COMPATIBILJIY FOR RE -USE • INSTALL (1) FRIE CGMBUCTOR ^ i wS ALLRIANS k OH5T4C 046 k CONp1IDN3 9M �_� • REMOVE/INSTALL BASE BAND MODULES PER REDS THE JOB SITE k SHALL IMMEDIATELY NOTIFY THE ARCHITECT OR ENGINEER W WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE OEE�L HARED 0TL RESPONSIBLE FDR SAME ISR AADAni;W,- a, DAt1L 06J11/ lfo 1: NV ARCHITECTURAL GENERAL NOTES I WORK SRALL COMPLY WITH ALL APPMABIE CODES. ORDINANCES, AND RECUUTIDNS ALL NECESSARY UCENSES. CERTIFICATES, ETC, REQUIRED BY AUTHORITY RANNG JURISDICTION SHALL BE PROCURED AUTO PAID FOR BI HE CONTRACTOR 2 THE GENERAL CONTRACTOR AND EACH SUBCONTRACTOR SHALL BE RESPONSIBLE MR VEINFV1NG DIMENSIONS AND CONDMONS AT THE JOB SITE WHICH COULD AFFECT THE WORK UNDER THIS CONTRACT. ALL MANUFACTURERS RECOMMENDED SPECITCATKINS. EXCEPT THOSE SPECIFICATIONS HEREIN, WHERE MOST STRINGENT SRN.L BE COMPUED WITH. J HE CONTRACTOR SHALL VERIFY THAT NO CONFLICTS EXIST BETWEEN THE LOCATIONS OF AW AND ALL MECHMICAL. ELECTRICAL, PLUMBING, OR STRUCTURAL ELEMENTS, AND THAT ALL REQUIRED CLEARANCES FOR INS""'N AND MAINIEWANCE ARE MET. NOTIFY HE CONSULTANT OF ANY CONFUCTS THE CONSULTANT HAS HE RIGHT TO MAKE MINOR UOOITCATIGNS IN HE DESIGN OF THE CGNTRACT WITHOUT HE CONHACTOR GETTING ADDIFDNAL CDMPENSATION A. THE CONTRACTOR SHALL BE RESPONSIBLE MR GAILY CLEAN UP OF ALL TRADES AND REMOVE ALL OEBRS FROM NNE CONSTRUCTION SITE AT THE CONPLETION OF THE MOUNT. THE CONTRACTOR SHALL THOROUGHLY CLEAN THE BUILDING, SITE. AND ANY OTHER SURROUNDING AREAS TO A BETTER THAN NEW COMMON. 5 THE CONTRACTOR IS RESPONSIBLE FOR ADEQUATELY BRACING AND PROTECTING ALL WORK DURING CONSTRUCTION AGAINST DAMAGE. STILE AGE, COLLAPSE. ETC, ACCORDING TO APPLICABLE CODES. STANDARDS, AND GOOD CONSTRUCTION PRACTICES. B WHERE ONE OETAIL IS SHOWN FOR ONE COMMON. IT SHALL APPLY FOR ALL UKE OR SMIIAR CONDITIONS, EVEN HOUGH NOT SPECIFICALLY MARKED ON HE DRAWINGS OR REFERRED TO IN THE SPECIFICATIONS. UNLESS NOTED OHERWSE T WHERE NEW PAVAN , CONCRETE SIDEWALKS DR PATHS MEET EXISTING CONSTRUCTION, HE CONTRACTOR SHALL MATCH THE EDSTIM PITCH, GRADE. AND ELEVATION SO HE ENTIRE SWOT URE SHALL. LAVE A SMOOTH TRANSMON B ME GENERAL CTION CONTRACTOR MU THE U DMPOWTTt IN P� CONFIRMATION OF HE EXPECTED DATE OF COMPLETION OF HE POWER9 IF THE POWER COMPANY IS UNABLE TO PROVIDE THE POWER CONNECTION BY OWNER'S REWIRED DATE. HE GENERAL CONTRACTOR SHALL PROVIDE AND MAIWAIN A TEMPORARY GENERATOR UNTIL HE POWER COMPON11 CONWCTON 15 COMPLETED COSS ASSOCIATED WTH HE TEMPORARY GENERATOR TO BE APPROVED BY HE OWNER. 10 PINS PART OF THIS SET ARE COMPLEIAENTAR. INFORMATION 15 NOT UNITED TO ONE PLAN DRAWINGS AND SPECIFICATIONS ME INSTRUMENT OF SERVILE AUTO SHALL REMAIN HE PROPERTY OF HE ARCHITECT, WHETHER THE PROIECI FOR WHICH THEY ME MADE IS EXECUTED OR NOT- THEY ME NOT TO BE USED BY THE OWNER ON OTHER S ftDIECOR EXTENSION TO HIS PROJECT EXCEPT BY AGREEMENT IN WRMNC AND WITH APPROPRIATE LOMPENSAIRDN TO MORRISON HERSHFIELD THESE PLANS WERE PREPARED M BE SUBMITTED TO GOVERNMENTAL BUILDING M UDRITIES FOR RENEW FOR COMPUINCE WITH APPUCMND LE CODES AIT IS THE SOLE RESPONSIBILITY OF HE OWNER AND/OR CONTRACTOR TO BUILD ACCORDING TO APPLICABLE BUILDING CODES 11- IF CONTRACTOR OR SUB -CONTRACTOR FIND IT NECESSANY TO DEVIATE FROM ORIGINAL APPROVED PUNS. THEN R IS THE CONTRACIDR'S MD HE —CONTRACTOR'S RESPONSIBILM M PROVIDE HE ARLHTECT WGN (A) COPIES OF HE PROPOSED CHANGES MR HIS APPNOJAL BEFORE PROCEEDING WITH HE WORK. IN ADDITION HE CONTRACTOR AND SUB -COMPACTORS SHALL BE RESPONSIBLE FOR PROCURING ALL NECESSARY APPRWAS FROM HE BUILDING AUTHDRMES FOR HE PROPOSED CHANGES BEFORE PROCEEDING WITH THE WORK. HE CONTRACTOR AND SUB -CONTRACTORS SHALL BE RESPONSIBLE FOR PROCURING ALL NECESSARY INSPECTIONS AND APPROVALS FROM BUILDING AUTHORMES DURING HE EXECUTION OF THE WORK 12-IN EVERY EVENT. THESE CONSTRUCTION OOCUMENS AND SPECIFICATIONS SHALL BE INTERPRETED TO BE A MINIMUM ACCEPTABLE MEANS OF CONSMUCTDN BUT THIS SHALL NOT RELIEVE HE CONTRACTOR, TUB-CONRACTOR, MD/OR SUPPUER/NMUFACIURFR FROM PROVIDING A COMPLETE AND CORRECT JOB WHEN MDOTENAL ITEMS ME REQUIRED TO HE MINIMU4 SPECIFICATION IF ANY ITEMS NEED TO EXCEED THESE MINIMUM SPECIFICATIONS TO PROVIDE A COMPLETE, ADEQUATE MD SAFE WORKING CONDITION, HEN IT SHALL BE THE DEEMED AND UNDERSTOOD TO BE INCLUDED IN WE DRAWINGS FOR EXAMPLE, IF M GUM MD/OR PIECE OF EOUIPMEW REQUIRES A LARGER WIRE SIZE (I.E ELECTRICAL WIRE). STRONGER OR LARGER PIPING. INCREASED OUMTIIY (I.E STRUCTURAL ELEMENTS). REDUCED SPACING, MD/OR INCREASED LENGTH (ILL BOLT LENGTHS, BAR LENGTHS) HEN IT SHALL BE DEEMED AND UNDERSTOGO TO BE INCLUDED IN HE BID/PROPOSAL THESE DOCUMENTS ARE MEANT AS A GUIDE AND ALL GEMS REASONABLY INFERRED SHALL BE DEEMED TO BE INCLUDED 13. THESE CONTRACT DOCUMENS AND SPECIFICATIONS SHALL NOT BE CONSTRUED TU CREATE A CONTRACTUAL REUTIONSHP OF AW KIND BETWEEN HE ARCHITECT AND HE CONTRACTOR ELECTRICAL GENERAL NOTES A. 0[NETW 1 EXAMINE HE SITE CWOMONS VERY CARENLLY AND HE SCOPE OF PROPOSED WORK TWEMER WITH THE WORK OF ALL OTHER TRADES AND INCLUDE IN THE BID PRICE ALL CMS FOR WORK SUCH AS EQUIPMENT AND WIRING LADE NECESSARY TO ACCOMMODATE THE ETEETRCAL SYSTEMS SHOWN AND SYSTEMS OF OHEN TRADES 2 OSTIN ALL PERMITS. PAY ASSOCIATED FEES AUTO SCHEDULE INSPECTION. 3 PROVIDE ALL LABOR. MATERIAL, EQUIPMENT. INSURANCE. AND SEANCES TO COMPLETE HIS PRQIELT OX ACCORDANCE WITH HE LOWRACT DOCUMENTS AND RESEW IT AS FULLY OPERATIONAL TO THE SATISFACTION OF T-MOBILE R LAND/TOWER OWNER A. PRIOR TO BEGINNING WORK COORDINATE ALL POWER AND TELCO WORK WITH THE LOLL MLOY COYPAW AS IT MAY APPLY TO THIS SITE ALL WORK TO COMPLY WITH THE RULES AUTO RECUTATDNS OF THE AGATES INVOLVED GENERAL CO OR IS RESPONSIBLE FOR VEO- REQUESTING CONNECTION OF COMMERCIAL POWER MOM THE POWER COMPANY. ELECTRICAL CONTRACTOR SHALL COORDINATE THIS WORK WHIN HE GENERAL CONTRACTOR 5 FABR 0" AND INSTAIUTON OF THE COMPLETE ELECTRICAL SYST1 SHALL BE DONE IN A FIRST CLA55 WORKMANSHIP PER NECA STANDARD I— EN OUAURED PERSONNEL EXPERIENCED IN SUCH AND SHALL SCHEDULE HE WORK IN AN ORDERLY MANNER SO AS NOT TO IMPEDE PROGRESS OF HE PROJECT. B. MC IHAIU Aw ME11 I ALL HE APFLIRC.9 E WOLOCCURK CODES ANNOY TO WE EDTNN OF HE NEC ACCEPTED BY HE LOLL MRSDICNON AND M 2. ARRANGE CONDUIT. WIRING, EQUIPMENT, AND OTHER WORK GENERALLY AS SHOWN, PROVIDING PROPER CLEARANCES AND ACCESS CAREFULLY EKAMINE ALL CONTRACT DRAWINGS AND FIT HE WORK IN EACH LOCATION WITHOUT SUBSTANTIAL ALTERMDN WHERE DEPARTURES ME PROPOSED BECAUSE OF FIELD CONDITIONS OR OTHER CAUSES, PREPARE AND SUBMIT DETMED DRAWINGS FOR ACCEPTANCE. 3 ME NOT NECESSARILY DRAHARE GENERALLY OIACRANMATC AND ALL OFTSES. BENDS, FITTINGS AND ACCESSORIES ARE PPOMDE ALL SUCH ITEMS AS MAY BE REQUIRED TO M HE WORK TO HE WHOTTO A. SEAL AROUND CONDUITS AND AROUND CONDUCTORS WITHIN CONDUTS ENTERING HE MODULAR CABINETS WHERE PENETRATION OCCURS WITH A SILICONE SEAUW M PREVENT MOISTURE MNEIPATDN WD UTADWF C ClW9lICTTTq AW Cnl[•4CTBaS 1. UNLESS NSUIONCTCONFORED N GSTO NENA MACS ORRLRO55-LINKED POLSMALL BE R, MINIMUM SIZEYEf1M➢RE INSUUIpN12 ACOGNFORMINGETON NEN�A IWLT- (iYPES THHH). INSUTATON SHALL BE RATED MR W DEG CONDUCTORS SHALL BE COLOR CODED IN ACCORDANCE WITH NEC. 2. CONDUCTOR LENGTHS SHALL BE CONTINUOUS FROM TERMIEADON TO TERMINATION WITHOUT SPLICES SPLCM ARE NOT ACCEPTABLE. U SPACES ME UNANANKST£ PRIOR APPROVAL FROM HE ENGINEER MUST BE OBTAINED. D. GROUNDING 1 ALL UCHTJING PROTECTION GROUNDING OF THE ELECTRICAL EQUIPMENT SHALL BE CARRIED OUT IN ACCORDANCE WITH HE CURRENT NFPA STANDARDS. 2. ALL GROUND LUG AND COMPRESSION CONNEMNS SHXALL BE COATED WITH ANTI -OXIDANT AGENT. SUCH M NO-OX, WALOX. PENETROX OR KOPRSHIELD, 3 ALL EMBOR GROUNDING CONDUCTORS INCLUDING EXTERIOR GROUND RING SHALL BE /2 AM MUD BRAE TINNED COPPER. MAKE ALL GROUND CONNECTIONS M SHOW AND DIRECT M POSSIBLE AMID SHARP BENDS HE RADIUS OF ANY BEND SHALL NOT BE LESS DARN B" AND HE MCLE OF ANY BEND SHALL NOT EXCEED 99 GROUNDING CONDUCTORS SHALL BE ROUTED DUWNWARD TOWARD THE BURIED GROUND RING A. REPAR ALL GALVMBED SURFACES TNT HAVE BEEN DAMAGED BY HERMO-WELDING WITH ERCO T-319 GALV UGW BAR 5 ALL GNU TAERINRM G SNALLNBECME PARANUEL TYPE. EXCEPTNFORI HE GROUND MITI WHICHWMDED. ALL EARE RM"TEE U—..'CRP— REPAIR ALL CALM QED SURFACES THAT HAVE BEEN DAMAGED BY EXOTHERMIC WELDING. USE SPRAY GALVANIZER SUCH M HOLUB LECTROML 015-501. COMPOUND NOTES 1 CONTRACTOR AND SUBCONTRACTORS SHALL VERIFY ALL UTILITY SERVICE CONNECTION LOCATIONS PRIOR TO SUFMOTING BIO AND PROCEEDING WITH WORK. G IS RECOMMENDED THAT THE COWRPDTDR VISIT THE SITE AND VERIFY ALL DIMENSIONS AND NOTES BEFORE SUBMITTING BID AND PROCEEDING WITH WORK. 2. SDy AT MS Pt q uLAIEhJAdL NI)C AND +AAA ADlDLLKTE d SUPPQWIIK 2W[ DL•O4 AQIC IN 9 PIT. ORCW CONDITIDIK AJIE [TXQDIpGElttO Nmrr MDWWFJn1 LRDPX DVDT4 FWDCE[am METH "ft AIR I A [yVSY[R(D WE WIIX IIESf[LT, lb VCSIRLL FAT,LW[ d T[ C /MMMC GWNO. EUF VOCS w NLEE6VLT [NSYR! THE PWpWMpHI M [KLSSM MUNI CER LXDR[RBNR 3 M ORDER TO AVOID ANY CONICS. CONITACTDR SHALL COOROINNTE ALL HIS PRACIMAL TRADES A HE POWER CASINEF MUST BE CLEAR OF FLAMMABLE LNTERML WIMIN 12 INCHES OF HE CABINET. INCLUDING ATONE AND AWAY FROM HE CABINET TO ENSURE SEINKFABLE ABIL CLEARANCE MD. HE CLOSES I SITE GENERAL NOTES I 1. RESTORE EXISTING ASPHALT AND/OR CONCRETE COMPOUND TD MS ORGINAL CONOMON 2. CONIRACIOR SHALL DETECT AND MARK AW UNDERGROUND LINES. PIPING, MDR M STINT OF DCJWATON I PROJECT INFORMATION I 1 THIS IS M UNMANNED MO RESTRICTED ACCESS EQUIPMENT AND WILL BE USED FOR HE TRMSMISSIDN OF RADIO SIGNALS FOR HE PURPOSE OF PRWIOING PUBLIC CELLULAR SERVICE. 1. TANS IACWXF WILL CONaflW,M JA IXTBRMlCWFlrI L"I A ND INSTADAL WARN [LWRI K B0 K WWPAD[O u m LPOLGcW L. NO WASTL W,U[W WILL IR GGMtRAT[O .EX N4 LDCADDW 5. W ]MAD WAATE W t lR ENIW TM AT W4 LOFAAW 2-yoga[ MAWItAAc[ CM1W [NYry f DIME POMP Wyt MWID AM AW;IIAR OF OW TW POE MONGW AT DK HaL1L nR MOT. I IMPORTANT NOTICE HE EXISTING CONDRIGHS REPRESENTED HEREIN ME BASED ON NSUAL OBSSV QNS AND INFORMATION PROADED BY OTHERS MORRISW HERSHFIELD CORPORATION CWNDT GUARANTEE HE CORRECTNESS NOR COMPLETENESS OF THE EXISTING CONDITIONS SHOWN AND ASSUMES NO RESPONSIRILIIY HERE OF. CONTRACTOR AND HIS SUB-CONIRACMNS SHALL NSIT HE SITE AND VERIFY ALL EXISTING CONDITIONS AS REQUIRED MR PROPER EXECUTION OF PROJECT. REPORT ANY CONFLICTS OR DISCREPANCIES TO HE CONSULTANT PRIOR TO CONSIRMTION. T IT -Mobile ELL WA RYKAOCONSULTING I P11; MORRISON HERSHFIELD EG0 STEW ART WF EET. SU HIE 200 EEATT�.LV2.n'BN —marhmNm .:— MM PW61ESE T.[MIISE✓E 2WIl19DD A W/ID/. RO)i REVIEW BA 0 "n-1 y 1pW['NAL BA 1TI[ f.AM[ LAKOTA PARK T-MOBILE SALE ID SE04653A sIIE MDIRESs: 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 SHEET NAME: GENERALNOTES Mrt[I wMIR• T-2 M9 IS NOT A SORYEY. ALL INPORW14. AND I NORM EE l OBfAWED fMO EIOBANO ORAWINOS AND JURSOICIIONAL 06 INFORNATXIN AND ARE APPRO%IWIE WVE I j -Mobile N KEGALDESCRIPTION- E OF SE III LE55 FOR -11 OF ROBE WLTBY RO h IIIJ r■■ Ismilwtku „EER%P,xwYu SWI OF CO RO / OW R NLY OF W BAY R0 LESS CD Rm IE55 IN LY 22 FT FOR RD PEA REC /201BU53000DIBB % S T S W 3 1 2 T H S T PwloP pnENI TAXPARCEL:u�lmE ggg `'TMP' RYKAOCONSULTING IIBBDO0D15 �r%mrc e�0c (TYPI '� ,d TAX PARCEL: I211039147 S (� s/_ F I TAX PARCEL: wu.c RIBFURFO Pr. IN iNORRI50N HERSHFIELD soo sTEwnRrsmEfr. suRE zao TAX PARCEL: 12B9B00010 J, I m2 R22Os I m mlol 38 1] 0 � I1Nm R � � I �y I wnDrsD BR..nx. eA D W/21/. 1DOR FINA BA TAX PARCEL: � � N _' TAX PARCEL: 1221039052 Py 1789800005 O P r J r SPOIRiO� FlE1D 5ET NOT TO BE I15E0 FOR CONSIRUCIION Vi f• WT ��-rFnrrw1 � �.c�l�iw I UNL65 SIGNED -DESIGN PROFESSIONAL AND STAMPED APPROVED BY MUNICIPAM YRAOIRt I TAX PARCEL: � / T TAX PARCEL: 1221Ds9ats F 1221039D59• CA6fAU T-wg4E � �. FpCEL FO RFrort ARFA LAKOTA PARK I ! E.mNilciir P61f 4 1-MCRi DfAIYlA]ION Al - FLIY14• 'Y% Rm a wnE F 11 ! �Ss+r{YAL t"` TAX PARCEL: Tr 122103905) i/•1 I F � —� I I .. SRE NAMF: w TA.PlAEL I d LAKOTA PARK -MBE mE D FREE OP) r SE04653A N _ TAX PARCEL I I I F E%lsnw0 AREA 1 I I I 37394 SW DASH POINT R❑ FEDERAL WAY, WA 98023 . Rn w.r I zz10390ss I TAX PARCEL: I On1oa91 a3 � M SITE PLAN SNEET NuwBER: y�� ✓<i1pW yilgF7 ;FCEVIN. C8U bufae you dig. A-1 zsue: xr[. I• . mvo a• SITE PLAN 1 LONTMCTOR 5 R6POILSIBIE I- CDOES COMPLYING WITH ALL fEDERAI. STATE 2 CONDUCTOR 5 RESPOib01£ FOR PUILNC ALL REWIRED PERMS ANO MRANGING POR ALL INSPELTONS AND OHfAININC ALL APMWALS G LOGIE D MARK N .Mobile �CoR�6 TWEC �alslwc PAfl�rNC »> - % R UNDERGROUND UIIIlDES PRpR TO IXGVA1pN � t ARem WMA$CONSULTING . .. � DIS NC R" WOOD POST (lYP) `EEISTNG TREE (T1P) PUNS PPEPAREO fN: �� • MORRISON HERSHFIELD fi003TEN'ART SIREET.SUffE300 SEA.TIIF� WA Tet M62BB.TUiD www mmhDMemNWlmn •`� Y YH PWlEOT YuyE) 10]IITYf00 A el/IO.AiO Rf4 ECIAI. BA O DP/R1/RD 1OOR i1IAl BA LWO VEAIfYNIX5DN0 �JJ rr�Ir r rJ E%ISTNC II-yO.A( ROUTEO wI EXIS Il') NCS t,D PI'iDf�1i r ,rr J CAimp i-NDBAl' Ixpuu�w culn Si! 01 10 K WD f0i CbT11TRDL1iW Om 'Alf➢v AAa S1AAp[0 APP W i.NE[KA111!' UCENSURE: rJ � J t]�I�NC 1REE (ttP) JJy � � IXSrluc sNRUG fTw) n, J� Jy/ EUNDSCAPE 4-4 T O YUT '�SIUNAL L'`u J. J J- J o-Is*aG f 1-c JJ J u1a w., Eat � wwE. LAKOTA PARK s,YGnE s1c ID. SE04653A T.Y wvolrAs AND ANOAwT _ 31334 SW DASH POINT RD EwruuD aN nlsTna r.aw wwr FEDERAL WAY. WA 96023 yrn wMr ENLARGED PLAN PUN INPDRWTpN CONTAINED XERpN 5 —EN PROM l1FM. NEDHER 111E DOCUMENS PROVIDED B! 'M.". WMWWry NINt GUARAMEE 5 OMEN EIY 1HE ARCHITECT NOR MORT11.N HERSHD CORPORATpN TD THE ACCUouN NOR THE COMPUTENESS OE D1E COPIED OMPOUND PUN INTROMATpN LRCI AUufEN +� . " '9" SGLLE'/'R ' ' -0" �.• ENLARGED PLAN 1 • REPLACE EMS'IING PPC W/ NEW EMERSON RE]IOJE (1) PURI RAC72. (1) ULTRASITE. • ADD (1) PURCELL HPL] BOOR DC POWER PK AND (1) MOA CABINET �5: CABINET AND (1) lB] BATTERY CABINET WIINIMCTOR ISRESPONSIELE FOR CONPLWNG . .Mobile ° flELIDJE (1) 1.0 HIGH -CAP CWP • ADD (2) 2 0 JUNCTION BOXES 2. CONIRACTORM5 RESP01151BIE FOR PUWNC ALL REQUIRED PERMITS MD ARRANGING FOR ALL • ADD (1) VOLTAGE BOOSTER FOR LTE INSPECRONS AND OETNNING ALL ARPRWALS • REPLACE EXISTING TEIDO BOX W/ MV CUBE CDORWNATE W/ CM/PIONEER PRIOR TO AND RELOCATE LEG MI TO CUBE: O CONRUCTOR SHALL LOGTE AND LMRK ANY COMPUING ANY WORK UNDERGROUND UDLmFS PRIOR TO EXCAVATION 1 HwFe BOTXELLWA OI1W1 • UPGRADE T210 Sly-MAp TO IXR. • RELOCATE ESMB AND —F FROM OLD PMCELL TO NEW HPLT: CHECK VERSION COMPATIBWIY FOR RE -USE • RELOCATE (1) N FROM TOWER TO H-FRAME AND ADD WEATHERPROOF SUM • ADD (1) FINE TO H-FRAME AND ADD WEATHERPROOF SLEEVE • ADD (6) RE].OGTED DIPLIXERS FROM TOWER • REMOtlE/INSTALL BASE BAND MODULES PER TOP TO H-FRAME RMS RYKA*CONSULTING • ANY UNUSED SYSTEM MODULES SHALL BE REMOVED 1 ATTACH UN ICE BRIDGE POSTS U-BOLTS PLANS PREPARED BY: MINER I FY�F' - SERVICE Is TO BE UPfMAMD TO 20G yY FEUD S NEEDED 2 RE -USE/ i1EUl CUT IXbTNG UN51RIlT AS NEEDED UT ] NE1D VERIFY ALL DWENSIONS �� PER SEPAMTE EUCWIGL SERVILE UPCRAOE SCOPE OF WORX/DEMGN, UNDER SEPARATE E]ECMIGL PERIET AS MORRISON HERSH FIELD REOUWFD, TO BE INCLUDED INNW 60o 3TEVIART3WEET SUffEZW SMTTLE. WA M. TeL 20fi26F M. wwN maMeannervlNVVmm eeN PRWOCT M,PSER! 20RI N AR[ I. YFA'MEFP•y1F nedE STEEV[ yq Isu[0 Fm n -EAw_ T-MROTl. CPT M K II[MD•T00 REIJICM1IFO I... FOB W WGTHERPMOF SLEEVE 11uDI Me T.y°RL[ CABLE el PROPOSED T-MOBILE NCS 2A A ION lO/K ♦W IRVXt G •JDITOWF [IMIIL A_A JUNCTION BOX (lYD OF i) IXI.N. T-MOBILE 0 Wjf1/1D 1[4C leAel BA 1a at f11SItlL(D, SEE NmE CPS AMENNA IXISTINC TLLCO BOX GPI -14 BITE MOlOIf11_M 611E TO BE REPIACm [ITfII1M: I•LIODn[ a PROPOSED MV [AVEvpnw A -A SL Y[M LAO xL1 YBC YLEMOIEPEID/ 10 K 1IpEA{p {yAF,InG 1-A11Re"O IODB nL![1 UX W00i6- East -I TO wT.a AA*2MFm # OF 1.1" Y-A•I e 11EplOSm ICE BMDGE SET NOT TO BE USED FOR CONSTRUCTION Ir.-�A A-X tti1SMD TTRCf GSNOIS UNLESS SIGNED BY DESIGN PROFESSIONAL AND STAMPED APPROVED BY MUNICIPALITY � Nc PAD [�ryIG OOIAiXX -` — WTEry ILKA uVAIVIx 1AEfAD cA7 ENsuRE f D'u mm.tm TWOIrNO R[I C — IEELIXKAI 1PGAALC SCOFC OF .Dlx Y EINNOISCONNECE I Mw SWIM —EuBLE } C•r, I ,\ 2 PROPOSED 20G EL6MOIT HY{ 7A TEE POWER UPGRADE MTEE ��` �' �y W•l5!/ r] ..NG T- � r — PR ED CEIELOC ELVTV yC �� A.� �., UTUY x- q +'-r — 1 r T[TL FAUO [o?:TIAC 1-NORe[ INTwMT , T u STUB -UP (dEOLOW) " L A-6 LTETAC TO EE RIXWiEO •'O [+ I " --• _ A•5 c (ttP 6) ••01 _ _.L L'AlYFMr. i•WEIIwE LDn0.r d — KF[GII[Q WL." W i= ! rWIAR iT4CE • • STUB -UP (Bo 0w) P F 6) ERMlI RL ! s [TT► TF 3) i G �ti. A, r^f.)Y it EXISTING T-MOBILE CONDUIT I+l�ni t^ll SNB-UP (BELOW) fA6OAD 1-ITf1IM( OF (Tro OF fi) W K IIOOfEO xpW�p 1-FgBLt Ix /1[ (fHOWTTA111 IY-O•A LIWI� RM SITE NAVE: LAKOTA PARK L E'6lel° T•Ll l ULT—E CABINET JrsTIMi IE FBI.DA ROUTER -MOBILE SITE ID W K ID D pOOD DC'Tn'O TTleCE EXISTING T-NOBLE PuKELL RAC22 CABINET RlaT.p 1A00] TGLCL •.M.00ATW EIMB AND —1SE04653A TO BE —OVFD srtE ADORESs: •IBLCAiC lu NOIRER 1D MEN AAV CUBE,_ WOf "N'll W/ CM T°o'E°e Aw ; TD°0ir NmL mm. wouM 31334 SW DASH POINT RD C9'�"Dw'F lOE K_U% FEDERAL WAY, WA 96023 SHEET MARE: Now III— IWFOII T mw...w .Ellw 4 N...{N EOI EQUIPMENT PLAN fell xuWtll THE DOCUMENTS PROVIDED W GUENT. NETHER WARMNTY NOR GUARANTEE IS GKN Br WE ARCHITECT NOR MO .N HERSHFIELD CORPOMTION TO THE ACCURACY NOR WE COMPLETENESS OF WE COPIED COMPOUND PLAN INMOMADON �_� .� ;1B' 'EXISTING EQUIPMENT PLAN 2 '; ; °= ;iBa = ; °0 PROPOSED EQUIPMENT PLAN 1 /' - ,(��9. ICE; 2�2 21RNN0 T•YOtl11L � (lYP OF 1,6 PER S R) (6) 10 BE RE31Wro (e) 10 BE RE —TO GRADE "' p 1� wR,�• (rrslwc Aar if1 •i rA' � ,��+Iru��rnIBR w FmIBn 1 Yi3'.i�L unEwAs � is I %IS11NG T-MOBILE PANEL E..L [MERM SBNHH-1065E-SR (HE%) (PP OF S. 1 PER SECTOR) TO BE REIM0 y�MEO 0-00-0 11'F1T• SCALE: ]/J2• - 1'-0• A 2 O 4' [=q T-MOBhE FRU ri Pa mloOF ]�s. ME SECTOR) 10 o E%ISTINO T-ARM MOUN [ITP) ro RELWN c_a w 1-M W FA3ft (TO BE RESM, 1mPER SECTOR) CgSTYn STADIUM UGHT I—) crnMq T•MoSKc FELMi3 Ff11 N[e 1p WF!] 4Y�c � ICIaE 5 PR�OPOSFD B&ElM NNA A-] (TYP OF 3, 1 Kff SECIIXt) 1 PROPOSED T-MORE£ SME ]C% - (WP OF 3, 1 MR SECIGH) Q It Pr4PORD f MpaC KK A-] y I�O��P.R,. �0I�L0 I,,AA E L F 4 T-MM MOUN (lYP) �i1Y•,0' ,E. Iw cnF1ElF a .rprouD .>ti 21R[MA59 i a-TeOm[ PROM9ED 1-YOGI[ AFrFM B YOUHTEO 81 Y A =Nm ] MOPOY➢ 3-YOFIE PANEL AN[wa A-] IDO1\T9p]PC EM'-FSO-R]_W SOCEOII (FAp ], 1 PFR iRTOR] _ AcRADE 4Assuuco o'-o- EXISTING TOWER PROFILE 2 ;`'ll 9 ;'11r:;-o. , E%ISTWO ]TADNM III (TYP) E%1. 1 91'-6• a1Tn IMF MF Elea': k oiler <01 . NFONL16M NN+AIRC •tl:3Of 6 WAr FMOY FN[ IX%NR41S PWIICAO B'1' Ci[M. FIT1[R wWM1HY NEf QMM11iR O DYCN M iF[ URwRFC1 M2R YDw1aw MER$tnM LURKgATEY W llY, AlIIRNLY ��re� �,a a ne snexo 2 MD +FnR% eHAu rnMMileee .mow eHe .stia'L�sDcsr ME, MmI AAA VAt[0 M R 1pJb[0 lAOfL'SgIMI sra.scr umu �A'ALa mL[t v R[01JAaq llq SON0gt1- 9W4L MppCv = A2m/aB ANEMIC MO01F19 m Np1UVVI N TIIC ABp1( MgRglXq 91MK1MA2L acO Or ASe0CM1I0 I100v>olTDF1 GC3cN GeA13Mgi PROPOSED T - -Mobile-, t�BOTHELL. WA BBMI N RYKAt; CONSUUING PLAIS rmEPAREpC; MORRISON HERSH'I FIELD BOO STEWMT STiE slIf1E20O THE WABel01 Ya TJ]O w.aw nmlMn6eMWmn MH PROJECT NUMBER: 2D2119200 A W11Wya IGx nl•CF� BA 0 09/21/20 1001 FI A BA SEF NOT TO BE USED FOR CONSTtUCFION UNLESS 9WNED BY D61GN PflOFE59NINAL AND STAl1PEO APPRO ED BY MUNICIPALITY UCENSURE: ti, cA w A 5" o �YAINAL� SITE NAME: LAKOTA PARK T-MOe%C L1C 10. SE04653A _ADDRESS: 31334 SW DASH POINT RD FEDERAL WAY. WA 96023 aME+ Nwc TOWER PROFILE n rurx• A-2 MANUFACTURER: NOKM MODEL: AHLOA RADA I BJB LBS DIMENSIONS OINENSONS (IbWaD): 22.1 "<12.1".).4" FREQUENCY: REFER TO RF DATA SHEET MODEL ANfIGRRA010M WEIGHS: 15 LB5 DIMENSIONS (N.W.D): 276" • 134" a 5B' FREOUTHCY: REFER TO RF DATA SHEET B .Mobile ANIENM TILT BPAER' (AS RE0�0) BY ANIENM umIA+pHIM-0 BRACKETS XIUC IURgYARE BY EOUIPYENT / qIM PER MNUFACTURER'S SPECIRGTONS 1� MOII: CUNT PER MANUNR S FACRESPECIFIGTIONS � � 1 90THELL, WE�EBB011 RYKAu CONSULTING PIPE NQUNDNG BY ANSFNM YFRM 1 PUNS PREPARED BY: PANEL ANIENM 7A' jQE ISOMETRIC MORRISON HERSHFIELD 56" ��•� 6DOETEWART6TNEEF.SUIIE 20D 6EAt PIPE 06]Bfi TJi01 Ywv.mOMwnAeien YX i1O1TLT NW�E: 7O}514J00 ANGIL— EQUIPMERT ` � � A w/EPA7D Fan KCMOE M D 4.lrlrrD IDua FFEIA M NQM MOUNT UNN PER MANUFACNRERS RECOMMENMTpNS IT FROM ME ERONT 5111E SET NOT TO BE USED FOR CONSIRUCTK)N UNLESS SIGNED T DESIGN PROFESSIONAL AND STAMPED APPROVED BY MUNICIPAIM N'aJ6' SL.LLE FTR TYP ANTENNA MOUNTING 8 11111' SGME NR ';-: r - N"s TYP RADIO MOUNTING 7 >.•A>r>rAtu "" AHLOA 6 11'.1T' SCAIE: MRS ;; ;;,- SCUE NSB AHFIG 5 CENS" aria �•U A�A v V� w A u' MNUFAC111RER: NORM — — — YOOFL NORM NRSCAIE MA INTfi4R 192AE .1 320W AEXC WEIGHT: 106 LES (W/0 MOUNTING BRACKETS) GWENSpNS: 3B 2' a 215' a 59" FREQUENCY: REFER TO RF MTA SHED MAAMNA♦:ryFRR: C9MCC>.TF[ YOOTR. TIY-HG-WYt WEGB' YRL1 km (KRN`AIT MOUNTING KIT) b1R1di016 illND:: {5.fa5' • 25.19i" • E.. R ' fIR.01.C1AD �IlN 10 Y DA1w SHEET r YANUFL C% R R: AN.EW MODEL NBf1N-651TD5-A2N WEIONT: 101 lf5 DI.—I'S WftRD): 750.0 . 120 . 66 FREQUENCY: HREFER TO F ;TA' SHEET g NAIL UFACNRER: COMMSCOPE MODEL TMTI92111-21-4]/ E14ROOP09 SIZE: 61a42.B I' WEIGHT: 157 LBS (WITHOUT MOUNTING KIT) TIP 9.252' itr' B:7 7 y TfF•15Ti 4�4 SL]' t12 T Top ylE .ue: LAKOTA PARK 2 MQbA K vR ,0 SE04653A REST: 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 IIIII�IIIIII Y SHEET NAME, CONSTRUCTION 50E"° DETAILS FRONT 51QE FRONT $1QE SHEET NUYBER: FRONT 5QE A-3 "'° �.,P. "� AEHC ACTIVE ANTENNA/RADIO 4 '.11' SCAIE: NIS ';=.;-5f rs ANTENNA SPECIFICATIONS 3 "',-90LLE rs ANTENNA SPECIFICATIONS 2 H M: 'm TMA SPECIFICATIONS 1 � A NDTL EOUIPNFMf GBINEf(S) TO T • -Mobile ' FMNl.RC'S REED PER R W.NUFACIURER'S RECONNENDANONS I BOIxEu, WA emt HST DIPPED GALVANIZED STEEL. GIMRNG; U E APPROVED PRE-NANUFACIURED K9 GLLV. ODV InRi9. (R1 S/�"a K:I aa-TT [�� AVJJ" PARERCi IDL,S (R-I/B" EUBEDJ INTO CONC NANUGACNRER: NY5 NOOEL - WEIGHT: 1.61 lB2/R pINEN5UN5: ID .D•t1Y• -� BY VAIIFONT OR MPROYID EOUAL SNB RYKAOCONSULTING hw° MEaMEO �: D2 W I E A .4FI> W/W�ZgID ry�E �'� MORRISON HERSHFIELD ].tlri'mp HI IIC PPI[p RA°C � G.ANNy{p ..l IGII I[I IllppC 44nnl F B00 STEW MT 91REEf.5U1TEMD 2a•.]I' SC4[i MIS „•.n• scut: Mls CABINET ATTACHMENT 7 w 9.1 2�No J/B THrc _ W MACT —Kb M INIM pNF �p T0R GUSSET PUTE M (pp1U�( ° (TVP OF Y PER LEG) POVJERCCRD Q4 A OB/ID/20 BOi RENEW fl1 •••I S/� Ei10'9 UL NEFP li" U 9 ]I/' MS CRBIE LENDTH 1i I.[vILN!• DI101/F °p4 (ITN OF 2 PER IEG)x r a¢nD II wlD RAGI PUTE ■" PENDMIG _ RFU ENO EIM FIMCCONNEMOR DLC FL SET NOT TO BE USED FOR CONSTRUM" CCIMIECTORS UNLESS SIGNED BY DBIGN PROFESSR)NAL WI BOOT ANO SFANPED APP D BY NUWCIPA 24101• —E "" ICE BRIDGE 6 21."°• """ N15 HCS 2.0 JUMPER CABLE 5 ;; °CNSUPE „•NT• BCALE: NT9 „•a,T- 9WE: NIS , BG , HCS 2.0 PENDANT 4 p1CIFEL' 229" WJIUFACTURER: CNARLE9 CUB � y WA.S// 7 WE�LYlf: 28.E100Y9-A _SION5: 22.9%26J-y2D 0• 4` yry off.: INSTALL PER NFR SPECIRCARONS rmHxcn ` 427 T N.WUFACRIRER: RA P u.DEt - WDGM: 21.9 DA lbso PLAN VILW 30 :oo• OMENSIONS: Ia Ok18 D4B 0' NNOTE OUNDNC Rlf BY NFR BIFE NAME: LAKOTA PARK I _II. S04653A w,LT SffE —REll n(rupG(R _ I 31334 SW DASH POINT RD FEDERAL WAY, WA 980 33 m I u y FRONT VIEW RIGHT VIFW CONSTRUCTION R DETAILS DICHANCER GE d/n� V 1l.E. FRONT VIEW RIGHT VIEW NUUBER. A -A �� it •T1J• AAV CUBE 3 ;;-„;* rs NOT USED 2 ;;;;, s HCS 2.0 JUNCTION'BOX 1 11 SCALE: NIS Mom' = TMDM:EQDIPMEM) P.. TR.NAL KNOCKOUTS WYBE REQUIRED D GAR BE GRILLED ON SITE AS NIR CABINETS STATBING AT .1 THERE WILL A TOTALOF (B) KNOCKOUTSRIZONTAL ROWS OF ({) aF m . AICI PON {-S1RINBATIERY NTINC VIEW RIGHT VIEW 30" SKU# 34038 PURCELL 2" PLINTH PLAN VIEW r 15 . IREF YEBE J A 04M 0. turfy c�LR MBMHT�Q PTKN. 2" SKU# 34038 PURCELL 2" PLINTH SIDE VIEW POWER CABLES (BLUE) µTO BE ROUTED AT THE IiR 4 w In _•Y d 6 � JL �w• - -, r_�5+ti•-GiT"�� - ff "r•�-r.�. INTERNAL ROUTING T • -Mobile-, Ir„AcRrR%rTTa.lrw. FIBER W1NF.l, NA N0U KNOCKOUT RYKA+CONSULTING BBER GABLES (YELLOW) 9' HACK ADAPTER MORRISO■`N'H-ERSH FI ELD 600E AFTSTREET..SIU RW I— WA9 101 112.251.1. wl TP.m" M.0190: M'IWhQ ... rrTre ..^.� IMTT �PTn TDR (YELLOW) TO BE • fA/IyBp MJ! WEAri BA ROUTED AT THE RIGHT S1DE OF THE CABINET .. L1D/R1/RO 1DOR FINAL BA MOUNTING FOOTPRINT (6) KNOCKOUT LOGATEO FIBER UU%/ INCONVENIENTLY FROM NTERIUL AIRSCALE EOUIPMENI yT,^r ARE NOT FEASIBLE. SEES FIBER ROUTE OPTION 1. - REDTn E (10 FIBER ROUTE OPTION 2: 5) REAR KNOCKOUTS CAN BE UTILIZED FOR BOTTOM KNOCKOUT FOR ETHERNET FIBER ROUTING FROM FOR AUNMS COVP TO AIRSCALE IF OPTION 1 IS UNAVAILABLE. f ALPHA RYrtTI KNOCKOUT FOR ({B BRF/ufER FARTS) _ __ NRSCLLE BA9EBW0 BATTRY WIRES rJR TwT[R .• � (0) ]' KNOCKOUT INTENDED FOR POWER. TELCO, k BOTTOM BBERS F �-. T W9ENAtl `S TO COW; ALL INCOMING GBUNC TO IN RIGIDOR RE%IBIE T crt wm1 Au to oNou I �•� FRONT ANY OF THE BOTfDU KNOCKOUT CAN VIEW BE USED FOR THE AC POWER FEED BACK VIEW (OPEN) PURCELL HPL3 600A DC POWER CABINET SPECIFICATIONS SET NOT TO BE USED FOR CONSTRUCTION UNLESS SIGNED BY DESIGN PROFE-10NAL AND STAMPED APP_ED BY MUNICIPALITY NL I C'IJ M1 . FAfL1hAL tray SIZE NAME: LAKOTA PARK T-uOBILE srtE ID SE04653A SITE ADDRESS: 31334 SW DASH POINT RD FEDERAL WAY, WA 96023 SHEET TUNE: CONSTRUCTION DETAILS SNFLI MN9mFn Aw5 T • -Mobile-, __ [R.s vati mmN wnr WIRER RUN THROUGH PPO.nDED ANC amH tNINI %NOG%OIR. FOLLOW PROPER �BDIHEIL, WA HMt INSTALIADON OF WSNET BEFORE WDNC ' 1HE 2 CABINEIs �oNE RYKA*CONSULTING REMOVED AFRR CABINET INSTALL PINK FYgPAt>YD Y1 23" MORRISON HERSHFIELD W STEWART SIRFEE SUIIExOD rk SE�TTIE WA991o1 y • ]5 • NOLP M HP u �LmxtmerNPnxob� rno DDnxr I�''wn Mx PHpIEEct ++DNSER rxl lrxDO A% -B]5 N Ed1R ]eI HK3 AND I E%IANyyy CTNAT i-STI`IO H]]ITrc RACK MOWmE PYANny A W/10/20 mi PENEW BA I D W/xI/xo loos FOAL G B { GWIL I A% B)5 A HOLES FOR ,Ny y —STRING BATTET' k'U: SET NOT TO BE USED MR CONSIRUCININ NWNIING FwY UNLESS SIGNED BY DESIGN PROFESSIONAL y AND STANPEO APPR D BY MUNICIPALOY t uTAxwm 0 pt K A li �'O SKU# 34038 PURCELL SKU# 34038 PURCELL irw fmr PURDEu z• PUNiN A• 2" PLINTH 2" PLINTH mrDa u ----- T 6 PLAN VIEW SIDE VIEW ugc.al Tmr 0 vIE IW1E: J LAKOTA PARK E]s T—LgBIIE SIZE I D �% ��. SE04653A 20-NEs, UP TO SRE ADDRESS: 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 E O B ER O N� N SHEEP NAME: g _ CONSTRUCTION r DETAILS s " A_6 y x'•,DB• �"` "'B PURCELL HPL3 LARGE BATTERY CABINET SPECIFICATIONS 1 t 11'x1]• SCALE: NIS MANUFACTURER: NOKIA MODEL: ASIB MODULE DIMENSIONS: B.6"z 14.2"x1_7" WEIGHT: 6.4 LBS MANUFACTURER: NOKIA MODEL: ARIA MODULE DIMENSIONS: B6"z14.2"xt 1" WEIGHT: 4,6 LEIS MANUFACTURER NOKIA MODEL: AB IL MODULE DIMENSIONS: B6".142"z11' WEIGHT: 4 4 LEIS T 1 • -Mobile-, 114 V •gI11MCllLLy nPYx u RYI[AOCONSULTING f � �' � A.� r T�sm. [ ~•'mow e s• RET RF2 RF] RF4 RE5 RE6 ` �'�- � SFP28 rl—W2 --- ----------- --- o..wT rzrc�.RED c, wi Ii ■ sTEw�nRTEmEET _ _ OSFP28 w. rnaEcr 1.E.g[a• xmTlvmD wrz Iwo1w q C3 L1 f3 ranaa 'TA a :rt _ uaaa A av110/R0 noa Kw•' BA 0 02/21/20 1WR FINAL BA PROPOSED ABIB UL TED N IN ALN FACN YI{p� Af{ Lpuf{p Flitltl AW MC.[ SET NOT TO BE USED FOR CONSTRUCTION UNLESS SIGNED -DESIGN PROFESSIONAL AND STAMPED APPROVED B/ MUNICIPAUFI ,.,.,r, L ;; ASIB 6 ;;-;' - B : ABTA 5 '; ' = ABIL 4 °R` \r �[ w.tay f1a MANUFACTURER: NOKIA MODEL: ABIC MODULE DIMENSIONS: 86"x14.2'x17' WEIGHT: 5.8 LBS MANUFACTURER. NOKIA MODEL: ASIK MODULE DIMENSIONS: B-6"x14.2"x1,7" WEIGHT: 6.6 LBS . .. : 4' - b r' s f.S F1 rvAtiR 4 v • - - ----= O EDff LAKOTA PARK Io. 1 1Aw SE04653A SDE A00RE55: 31334 SW DASH POINT RD F!N BLATUB W EIFI aPCia FEDERAL WAY, WA 96023 C] P A a s.un Nwc CONSTRUCTION DETAILS .M. PRog1Mxat[b •nIw ,ww ire sBl[1 +q,uB[� A-7 .Br ,dcc rls ABIC 3 "' NOT USED 2 2-x�6.=� ASIK 1 MANUFACTURER: NOKIA MODEL FSMF MODULE 176• Mobile DIMENSIONS: 5.2"x 17.6 "x 16.5" WEIGHT: 25 3 LBS MANUFACTURER: NOKIA MODEL: AMIA 11 DEL: IXRR ER MODULE DIMENSIONS: 17.25"x10.0"x1.75" omcu w�ENm u DIMENSIONS: 5.1 "X157'X17.6' WEIGHT: TBD WEIGHT: 11.2 LBS fSNE SI A L BE PIACED WI R1 CABINET RF PER T-MOB REOUWENENIS A Rl'KAOCONSULIING TOP • - PUNS PREPARED IN: r C• .�L•11 � � MORRISO� SHFIELD E00 STEWART STREET, 9UI+E 200 OPRONAL POWER SUBpiM000lE EX1E . S MODULE SUBID OUIRANSPORT r I . 1 •ll I` 1! sEATTLE WABI101 w.w TemnM.onNeMAWAwn MH PROJECT NUMBER: 202119200 _ . A W/10/ZO ROf RENEW RA 0 M.�a+lao +ODI EWA Bl. LC MAl1T DL IN+PUf M Q 1-7 YOIC ouf S11p !. L11P 511q p ]711m/Q+3 R[/1 tE-] EIC p1 SET NOT TO BE USED FOR CONSTRUCTION BY UNLESS SIGNED BY ANO STAMDESIGN PROPESIVAn PED APPROVED R( MUNICIPANIY Nn 11;tT• SGLE: NR AMIA 6 zrue• scut: Nrs 1{pT• SCALE: NIS FSMF b i�;�r scAlE M IXR-E 4 13cF {" v �� wAsiA.r�O �TEF7E�V4L SIZE NAME: LAKOTA PARK -NOBILL SRE 1 D SE04653A SRE ADDRESS: 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 SHEET w E: CONSTRUCTION DETAILS I1+ ,AMP A�8 24.OB• SCALE: N2 2A•,DB• ] NiB 2`•:;;; ,rww Bs NOT USED 3 r"NR NOT USED 2 ," NOT USED 1 • ®,® ©ease mOm�DOB��B�m PROPOSM AWE" AO CW SCHIEDLU ROS A1,DLE VE* W a DATED 01/31t"' 1. IYu IV Sti'IOIT KYUTH C R NUMBER � "END011 YDD& w ILDN � -MILLER °i FEIDEII T19E � AODOIONAL F➢UBIEIEE AT D 87'-6- 1 COMMECDPE E ILI[�FS-N }aem) - •2 2 FES 20 7/8' COAX ISEI 1,5'i (1) ILI (1) AHFlG (,) ST'LE ]CX TMA A2 0' B]'-S- 1 ANDREW RB%%-fi51T05-A1M (QUAD) AJ 0' - 1 NDKM AEHC ACTNE ANTENNA/RA010 AI - - - SECTOR WA KW XBIG 9DM NUµ VENDORMDDEL 'a UAW �; !®Lt I lwC � I ADD O UL FLUH§ENF BI 120 8]'-B• 1 COMMECOPE FTW-65C-R]-VI (OCTO) - i _ ]/B CWI I,sA (I) ILI (,) STY) ARFI% TN4 B2 120 B]'-S' i ANOREW wq•ls4T54-ATF II B7'-6• T NORM A,EHC ACTNE ANTENNA/RADIO IF1FL = 6iEL�TK ¢W W '�°H RAD CEMTFA falYTlR a AIFTFHNS �00R Y00d . TILT L.Tx 'OA1 w NUM DI, iFIDFl6 FEEDER 11PE F®R Lamw ADORIdML FGBF'YFNT CI I,0' B]'-6' COMMBCOPE fNM-6%-lS-YI ((IC10) - - : ]/B• COAT( ,5 IT AN— (1) ((')) µH`X i MA C2 2,0 8]'-fi' ANDflEYI I HB%%-6617I)E M (CUPID) - - C] AEHC —1 ANTENNA/RAC _ _ Haim .MD„D[ MI p00S" " LIE 1. ALL PROPOSED EQUIPMENT IS LOW VOLTAGE, O[ POWER 2 L RDINATE WITH CONSTRUCTION MANAGERCURRENT RFOS PRIOR TO CONSTFUCHDN CONRUCNROTO FlELO VERIFY CABLE LENGTHS PRO TO ORDERING. ] FABRIGTroN?ORSINSTALIATON OF CABLES THE A wER/ANr ANALYSIS REPORT A (EU.NEU AND SEALEO)MPflDNOEDRUNDER SEPARATEECOlER. CONIHACI ORPRIORID I INSTALLAHONOF ANTENNAS. EQUIPMENT AND COAX CABLES SHALL RICHM THE APPROVED TOWN SRUC__T-YOBLE AND MODIFY. IF REQUIRED. ALL APPLIGBLE MEMBERS AS INDICATED IN THE CERTIFIED STRUCTURAL TO BEI1REMOhD EXISTING T-MDBHE F%FB MID TO BE RFLOGlEO TO GRADE LEVEL e RAV4SfD [-MORE K>K >! TO BE RELp/EDLE T EXISTING T-NDBI B WNIO y_] _Ny/_. M EXISTING T-YOBILE PANEL AENuI. fANOREW 6BNHH-ID55C-SR 111 [•61M16 11--A' IYJI[ YW_ (HEX)] TO BE REIMNED y Ir;IaIT Afvie ifilly sTEi EXISDnO T•YfpSE Inn Lu6V � (ttP OF ].� K CEOIN y rAL PRDPOSED T-YDBILE S"111 MK TlV— ucmu I 1 r y5 1 I C CIt4 't t i L_1J mNG VACANT PIPE (ttP) EXISTING wANn1ANTEAxA (COYYSCOPE IFW 4SC•R]-YI (CCTq)) E%ISTNO T-WI FM•IL ANAL+ [ANGREw ]Awrel-lax-'2[ lira11 / r {u � T-ARLI MOUNT (lYP) TO REMAIN Ae ]OfruOBILE ( T-MDBILE PANEL-CTWV)ANORBR OIPIE%ERPOSED NW .s1TG5-A2M(6) TO BE REMOVED MID (PER6) TO BERELDCA TO GRADEf, II'IG S-1G6LEf!N PROPOs HYP O< 3. 1E REECTOR)M BEy9y ' EXIETING T-10BILE PANEL ANTENNA ANDREW SBNHH-ID65C-SR (HE%)j TO BE REAK)VFD EXISTING ANTENNA LAYOUT 12 ;',•' ;�: _ lTKROS6D S-IL]F2 NIIIE MDCNM 2 [rAoln wa_p»m-ADEI IDw6)1 Aa r rinasaD r-tID1![ nRYE MmFr.L e 1 I FIN-56D-lS-VI [KM)j A-] 1 AF (P d x pI TER M ]fi A-] r EXISTING [-ARM MOUNT (IYP) T • -Mobile IHGALn 1 aOTHEL4 - RYKA#CONSULTING PUNS PREPARED BY: �AA�^^ MORRISONHERSHFIELD D-HD/" m IY\1P 09/21/20 IOOR FINAL SET HOT TO BE USED FOR CONSTRUCTION UNLESS SIGNED BY DESIGN PROFESSIONAL AND STAMPED APPROVED BY MUNICIPALITY LICENSURE: �c F ny¢YS *.A, rJ Lr �s91f11'AL �': v` SITE NAME: LAKOTA PARK pgRy[p T•YO%[ Af�M: 4 xTA2 ANT[AaMrWLYi A-] 1�140a[ 1RTL ID. n SE04653A ° SITE ADDRESS: 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 INgR11'•60 T-MpIaE INRL rr11[FaAA 2 aI IANO![4 wcr-rsL]LyADY [DwDII A-] ANTENNA FC"O"N'FIGURATION 1 LI�[E F,A.E Mf1F ICna,SCOAt flwax-!]-n IxTo}] RF-1 PROPOSED ANTENNA LAYOUT 1 Configuration 56791EZ_U21 T - -Mobile' " For 5G and LTE Airscale BB dimensioning refer to Fiber Port matrices. BD HER EE (Alpha, Beta & Gamma) LB r MB am , MR quad Pa AntDfts' FDD - Lowband 812 (L700) —5 MHz RYICA+�^CONSULTING PaWve Antenna B71(L600) —10 MHz B71(N600) —10 MHz n.Nn PRr+rEDm WOW I ■ p LlI Aws3 FDD - Midband B4(L2100)-20MHz , • MORRISON HERSHFIELO ARTS,REET.9DnEzaR W1 B2 (L1900) — 20 MHz "T ' B25 (L1900) — 20 MHz MH PROTECT NUMBER: 2D21192N A ,•w�>w .Pa ..w.. B. B66 (AWS3) — 5MHz ]2 tE En � 1 TDD - Band 41 r W/2,/IID 1ms Ewi � L L2.5(2.SGHz)— 60 MHz N41(2.SGHz)-100MHz +2nd carrier (<=SOMHz) SET NOT TO BE USED MR CONSTRUC110N AHFIG AHLOA AUN NO S_PM MPR_ BYW DESIGN P NUNICPA xx UCENSURE: AWS+PCS 700r600 �Q HCS1.0 ro P _ _ _ ..HCS2.o Ground HC51.04 TowerTopLAKOTA AAW111_ PFS.MF SE04653A SG Airscale L UMTS 5 E AOOREBS: AWS 31334 SW DASH POINT RD —.1 FEDERAL WAY, WA 98023 SHEET NAME LTE FDD/MD Airscalel PLUMBING DIAGRAM Nolns RF-2 u1}r' SOLE: Nis 11fY flGlr, Nr5 PLUMBING DIAGRAM 1 T • -Mobile HORN FTF6I CEOEISIECCOF PFLCM=AWE GF11 M] NR SIDE E ANTE NNA LTE SSE FlYKA+OCONSULTING , , 1vuwFr-u Ivt Iv w v1r Arw°. rw o.+ ..a1P11 w A1u]u 1de vaR IeoY#.Ae InkRIw [TIeM IG 1.R fM OPTD /il]P]A +WW YPT tDWESi-IA IX Ie 4r1Yu lP aiE mm, SFP+ IDOBASEiA I 1 nm oWON 10 Mm SM A1°P1fA � ME! 0°II!° lY W RIw LC col I I Q Q �. O 1V. - - -- - - ••- PLANS PREPARED BY: rryLl]FOIEMR SM SFP 1]10 nm CPRI 90C I IWn (cPPD9 Ai1{ifA A WA 010a1 V►. 1006�-9i:FOPr W WE MORRISON HERSHFIELD fR>mSl]0XR 1p}M1 yenn 1W� Y►• ISW� rxi S00 sTEHn°TSTPEET,SUIrE ]W sEE,HEET,SU ATR roe zORaR. nrD B�DAft. AAL f>D'KF N]I r;.rl uf[o 10 REA6 1rN.i M fl�A GO mamTw�ne�mMa.mm MH PROJECT NUMBER: 20211B2D0 ^.-Tc sra_I ca o0 vu..r 00 urz rn � 00/10/20 ROIF REVIEW dA D W?2Vn 100E I' BA rpr - F� SEf NO TO BE USED FOR CONSINUCNON UN SS SIGNED W DESIGN PROFESSIONAL AND STAMPED APPROVED BY MUNICIPAUIY Flul]FON m F0I>•T UCENSURE: I1�! .yCh t•r .PORT L0F t0ry]11 011 r d MAR WY VARY AAU 7 r1r P[mCWfL AS RF. M1' rFT N 1-fiI •AMryF/MNp K OW •A11r MI1A AAC ABL A1T� A D T•f5 if.00 q... MM 101.. i L lA4 LAKOTA PARK T-1 111 SRE I D SE04653A SIZE ADDRESS: 31334 SW DASH POINT RD n a]rw tl1L m]a]aawn rFunr°D�Ra FEDERAL WAY, WA 96023 IKP_, TYPICAL SECTOR SFP vMn TAN.. RF-3 TYPICAL SECTO4SFP 1 ]' STILE Nf5 24'R36' S .L' Mrs GROUNDING KEYNOTES OI EXISTING EQUIPMENT GROUND RING VERIFY IN FIELD BOND EQUIPMENT G INET ENCLOSURE USING A MANUE. APPROVED CONUMION WITH (2) /x MG SOU D BARE TINNED COPPER CONDUCEORS AND EXOTHERMICALLY KW TO GROUND RING O/2 AWG SOLID BARE TINNED COPPER CONDUCTORS BONDING RADIO/JUNCTOH BOX TO GROUND RING. NOT USED12 11"I"I;• B I9 s �LNY.WO[ W� NBY97E IoaL Kr.Ta [S Ta Ru wOwT�O m xDDY ACR WORK/DESIGN, UN .LUDRARATE F]ECIRIGL PERNf AS IIEOUIREO, TD BE INCLUDED M NIP I PrPNn rl• L10T.N0 fIEA �DTI� EGN,TA,X,N GROUND ELECTRICAUGROUNDING PLAN T • -Mobile-, BOTHELL, WA ElDI1 RYKA+ CONSULTING PREPAREDN; MORRISON HERSHFIELD BOB BTEWART BTNEET. BIIITE200 SEATTLE 01 T�zoesB4.T0ro WAW mnH.AAneIAnnNecnm MM PROJECT NUMBER: 2021192M A -/Iw/ Trn RE� m 0 w/21/20 I— TDIAL G Pg1C E t �J W P4 tA',ISA/ O 'r 1pYAL �� LAKOTA PARK r-wnI me Ia SE04653A c�c ADTaawl 31334 SW DASH POINT RD FEDERAL WAY, WA 98023 SHEET NAME: EQUIPMENT ELECTRICAU GROUNDING PLAN j1MET vNN_II E-1 OOUI NMY RED x & IIAIP 2111 RM as w.ww w we uu RIM �P HTR A1M nuTEa wwu t of Ida v YA Dc AUI Rlk A{/p DC PONFR AWiY , Ar] DC MAL Ilryr _BHT �'•K YL Ji !wx IWan I 4'I 1W W d0[ � o 14,E °0°r °PO1 IIlM HNr D� x oc YM IYAtly royal F+ BAT uv3 DAc IRk e(c[r uRxrl xslnxc nelBlE rysT ora.afr,Dl[ LaYP .wr er (BROWN Par NDT USED) Toet Ks KID K lr 01FP MY IlM �POWER NNECDONS T • -Mobile-, IoN ID Now � m Im NG PT G N r2N,x E' � MiM.ILYH�`tllf N BLK rF RYKA#CONSULTING Rws P.vArm er: i 2a AC tDINRUL MORRISON HERSHFIELD lSE 6 STE RTS E Bi UJ 2oG SEER Rrlcs 11nealnm„ uII noxn IaxIBEk xIQTIt7vB Ipx em .xen rc. �, A W/10/20 BOx RENEW fN D000 0000 o Aa221Hc I=rIWL B" 00000000 oa LFIEID WIPING ciEP°iAs �.I E.N. 20M MA% 5ET NDT TO BE USED FOR CONSTRUCTION UNLESS SIGNED BY DESIGN PROFESSIONAL AND STAMPED APPROVED BY MUNICIPALITY 2"'L" SOLLF: NT5 ALARM WIRING DIAGRAM 4 2'''B• N15 AC POWER WIRING DIAGRAM 3 E tr.,r � NTa t1•.n" swc: Nrs S wwEE !x�m200 Fa�o�ues RA 1R EM'E JV RNC IDACARE PER NUFACNPER 0BV. V...S20V...PHASE AMP MNN BRFatER N"WDN GUIDE NA II W/ 1V55 65,000 aC RA QABIQ_DE`�B NYA . . NYA { H%] SITE SIIPKFT f_ I DC OISTRIFRON VIEW DR OPEN oc DISTRIBUTION TERMINALS I 'IY•1 'DER"2 M.,,TER'A TER"1 OF A(SIOE NEW) .—. THERMAL SYSTEM • TDHHEERNNLD SYSTEM • • !r[0 i0 CABWET DC I r. WC AND HEATER • FAIER NSE B 1 _ MORE USE pO o Qp • FLNRE USE QO D)Q pO ° w't "• ^' I NNRE USE O Q O• ENURE USE 0 � y FUTURE USE O O Op • FUTURE USE a � 0 • �® �• 01m) Q• (0® 0° (0 cm) a° I IIEY I LOAD EALcS 2 0 ® (• O o OO • p0 ® O9 ° (0 cm) p0 ° B) BKW REDN EA5_ O gym 1 ,RFf�^C LLE Y 11GP^i r0 KVA ® (0• O coO co O' O O O ° 10T B O® O• 0o O• O® O° Oo O° E OO ®OO • OO o OO • OO m) 0 ° OO o 0 (z) 1z/o lrRlx N EMERSON 'CAC' MODEL GDENNEN R.ATDR RECERTACIJ; Qp ® Qp . 0 O® Op ® O , C-RBv NOT Bus BC RETURN 2" UO WNDu 20o\ 120/208V. 10. oW PoWFR CABINET OO B1Q Q ° ( (CB fAOTECIED) BUS By(,) i IT U FVC RDONDUIT >�•JUMPER ON RITY � _+ _ „R DIY I 1RANSTo E - AOOVGRADE I I r.�' • • y •_ '� ,y �,a, arc' ma 20/� GROUND PER NEC PACE OBSERVE CORRECT AWiM PIN ORIENTATION (2) 1/D CU SUPER FNK RECEPFACIE/LIGHT k (1) 11 G. ORo IN NP SITE I 2" RIGID CONDUN SUPPORF x'ti"' "" ' "" NOT USED 2 1rnr �' NIS DC POWER WIRING DIAGRAM 1 emr wlLu mx v o5 w n yrr r�� v 7 ' 'fkr•ISTO' y� ~S�frntiAt Y.,u�: S E NAME: LAKOTA PARK MOBIL; 5 SE04653A RE ADDRESS: 31334 SW DASH POINT RD FEDERAL WAY, WA 96023 S+AIx wMJ DIAGRAMS SHEET NUNBER: E-2 T • -Mobile-, DAC (COOLING) CONTROLLER rnpu Dw DIS IRUTION ner.L 1 .A Rm RYICAIPCONSULTING FROM DC DIN dSTRIBUTION COHN NNCIpN JI IG• N ��Ypp If}I OU'SVl ® 0° i0 NETA COOL AIARM BLOCK JB MIA T AIYMRI CR.I••C 3pBgLERIPL OAVlLY yLG Y pAGFW Pn'AD9 NAw JB Jp C,DgFy lye J[ IIAi MQ%31 RED ED + 1Pn > M•Y BLN RyAA'. PP=➢APEO 0a mn MORRI�ON H�R9M FI�i,p Ai �•11, +�+gg n1J u uLHf swrtcx MiLNDNrt �m pKB ... nTI K.a K >•FOJCR rWept: ?p>t119QW FROM DOOR AENIMR fiC AWiM COMPOLLEA TO HEAT KEGK_� 1 Ala � >MF atoll lT w • aB/10/TO ppR RENEW RA p p•!A Ilq rLC[ ry{N B. DE O�IRI ISIHIBOIN N HEATER CONTROLLER LOHN fUNCIpN DOOR OPEx ETECT O' M NLp 1•GDRF i L'RA1� •IBAT H FAT N LWfO a 5ET NOT TO BE USED FOR CDNSTMI DN UNLESS SIGNED B DESIGN PROFEBSIONAL AND STAMPED APPROVED BY MUNICIPALf1Y ""'B " "� DC CABINET DOOR LIGHT POWER WIRING DIAGRAM 3 11 •al)" BCAEF LPS ® T R 00C• BW MA'MF pLENSURE: •� + F(FInF Ia61LY KpBal o ® o CY co FRDM DOOR DOOR P sad RED rpa BUCK FFi J i ��air �W C? eucK r �SIbMAI. E"6� SRE NALIE: BIACK TDELEMBNT �• Q y % Ell :! BUCK AC PNR D. L] ❑ LAKOTA PARK MDGr[ ali ID SE04653A clRcurt eRUKFn TO DDDR V+ V • Y -AB J 1 FROM . srtE ADDREss: 31334 SW DASH POINT RD UPPER FAN V_ u MD PUrR ➢� TO DDDR LOWER FAN N_ FEDERAL WAY. WA 98023 • OC DISTRIRVRDN IBUCK WIRE JUMPERS TO LCR Wes• FUSE POSOTIONS REMOVED FOR CURVY) DIAGRAMS SHEET NUMBER: E-3 aatiDe• •GEEI Nn n'.Ir' 1GLEI A"rs DC HEATING AND COOLING WIRING DIAGRAM 2 11:1J SCALE rrs DC FUSE BLOCK WIRING DIAGRAM 1 W.lB' SCLL£ NTS '.1T' SCLLE NTS onumm inw1Es p MD) L'BIM Gru. Rr .InINM 1 D vuur www c,.aL f/Iw.rm.n not o Obd[Ur0 C�OwD [ MR. �a aT Ee[n (y .Rsvfm T-."L wi;IINI AW wm .es Aw �o PRT 3 I/Ip01,0p c*"Iv pw m..aW ID —1" anIIx, vBDl g BMW WT t0 AOY XRn RR MG wftB D OYm1 .1.CA[[ LOPri1 WNOIkTo� T. ,ra IRpas rt swl w tEwnn. �nux rsl.wl.nw +na DD]v[IIncIISII wrr nun DIs Te vn r¢rle [ac.To.r. >. msMTo At .rm P= o./IC Iy.q, .Nq pIMP [sw�c mvasrr[ .i+cOMDllgt,{, uirArt Mcl.ara evi an nv�w r„T[r.A Awo m w�wnyRCl� Ar IloalEwc�ia o�0fm r�Rw rcrls� �.5 BITRS RRICDLIS. �. Au DIIwIw Iv11.Ecnors svca OBE ola.[TA •rm ruAAIED Ilgppypllf IM[r ColYxC9 NII/N lq� COAB9 a iaRMM •uMMO WnMI[[ MM /0101[7 OI [Mwec./r s. Cv�i[N�r4W[p Tom: I� L�OGiIo Ns pRAv � Ycka rc f. u�IB• �µ w Cp�C� Lwl nwe a Ala MATOlIuS Iwo Go =CprtiwClyfYrft ewrly nC. Sa D.K fviIk L ANL n.Lul[E m wFSz DDC>aMi[ ..GIL •IIFII TQ OAISMx la IMJEIIII PSGTMC; Cam. [FC 4ti'OtalpL I.ROACON A+G colwar Ilm. Au .cwinxrxn a rrDlaaao nrAMADz a NDTn m srnmw ..w.mx r ne>t[ ru �wr onc.,aecs wSIµ1+N4 VIGIn�pG ST:IW iV[ TC 9IE SDl OD�T40L a. �elW: v('C�M ILIGxG o.IDIIIDa GN YO! K 06C16'afD wt I FrFNn T� o+oINA !W o aDIMDI.Ic [ cl n EMc.Irxx wl.Ircnv. j caau.D mom 1. BOND EQUIPMENT TO GROUND I3 (S) PER VANUPACTURER SPECS AND .ACE NOIAIA MISSING AR GROUND BOROUNG CONNECTIONS AS REQUIRED ANTENNA GROUNDING SCHEMATIC T - -Mobile � AvnMC�.fI TYA+• inrly M.rA �.1 RYKA#CONSULTING IPi 1 MORRISON HERSHFIELD 600 ET,SUITEM EIATTIE wA B..DI T 2051Bx TJTO MI.ICmm vNWECT x11MBFc RVlt 19BOC �. rtr Ism � ar A 'JO/IO/M Ipl .nr. IN D arrlm Ul Tw.a Y SET NOT TO M USED MR CONSTRUCTION UNIE55 SIGNED W DESIGN PROITSSIONA AND STAMPED APPRWEU W MUNICIPAIJ AuCE C-0 1•+ Cl W.1 ]�' +r 1•[Si1' Y� LAKOTA PARK i-M06t[ LK `0 SED4653A SITE wDREss: 31334 SW DASH POINT RD FEDERAL WAY, WA 96023 5.1[n a _ ANTENNA GROUNDING SCHEMATIC WIT AIaIBE• E-4 tlOCOAT ALL MECIWIIGL CONNECTIONS WRH NO -OK' OR APPRWED EQUAL • -Mobile 2 ALL UISRNG TOWER WITHOUT k NEW TOWER GROUNDING S SHALL BE ATTACHED DIRECRY TO THE BUR MOUTONS: NO WELDING OR DRILLING PERMITTED y O EXISTING HOME RUN EROUND(S) TO BE REMOVED 1 "W OTHELL..A°INRPttw STRANI). 1U RE WON THNN/TNWN INSWATON SRE . . G� RYKA*CONSULTING NEW COAKME GROUND KITS W/ LONG BARREL 11R OT! AYIpWLA 1BKW \' Ij: � COMPRESSION DOUBLE LUGS, ATTACH TO GROUND BAR 4 INSTALL W ANTENNA CONTRACTOR (CADWELD TYPE-GL) NEW 1/1' THK COPPER GNWND BAR. INSTALLED BY GENERAL CONIPACT011 F!AY..16ieJSS![LCS.11g>S 0 ONNECIN 10 WIRELESS EWIPMEM ). MAIN, C9 CABLE ENTRANCE BAR (CEGB), �Pt a o!D� n a 1w' Lwx PUNS PREPARED NT: O O E GROUND ). A DISTRIBUTION FRAME GROUND BAR (MOTH). AND Otl 0 STANDBY ENGINE G SET FRANE ANO OTHER HOME EQUIPMENT. A7HER ROGFING WEAINERPRWFlNGPRODUCING KIT (SEE NOTE O) 'S AWGSTRANCOPPER GBLE LONNECIORrENERAIOR AAOOO O O 0 0 0 0 0 0 0 0 0 000 ADrCRem uT Ld�1LD TU CONNECTS TO THE EARTH ELECIHODE 551fl1 ROUND GROUND KR GROUND WU E (GROUNDED TO EAR). SEE NDTE 1O MORRISON HERSHFIELD OOOOO O O O O O O O O O O O O O LFyNOGBLE INCLUDING CENRUL OFFICE GROUND GRID,SEATRE,W,APoIOtBUILDINGSfRCT1IRAL GROUND. METAWC WATER EAL E L 0 �R SHTEEI, ANTENNA SUPPORTING STRUCTURE { SYSTEM. AND ELECTRICAL SERVICE FJiOOOOOOOOOOOOOOOOPIPE 70GROUND ENTRANCE GROUND NOTES 1. DO NOT INSTALL CABLE °ROUND KR AT A BEND AND yX Tin T+IW/I1ER. ]GF119 w O 2D' AGE OR 10' ANTENNA AGE O t ¢Um pP w A d7.. RWW BA LUG, TO BE USED YKIN CONNECTS TO EWIPMEM NOT IN AN ISOUTED /2 AND SCUD TINNED WE CU WIRE GROUND ZONE (IGZ) SUCH AS CBN EQUIPMENT OR STRANDED W WIRE WITH GREEN. fRANE GROUNDS AND DC GROUND CONDUCTORS BOOV, TO ANTENNA STRUCTURE BVILOING RING GROUND OR MGB ALWAYS DIRECT GROUND WIRE DOWN TO GROUND BUR 2. GROUNDING KIT SHALL BE ME AND PART NUMBER AS SUPPUEO OR RECOMMENDED BY GBLE AANIUFACTiJRER FIELD VERIFY SOUD WE TINNED FOR DC POIKER SYSTEMS THAT SERNE CBN OR BOTH CBN AND IBN EQUIPMENT 3 WEATCOLDHERPR009UINKLL NOT E USED -PART TAPE KIT. 0 W/21/ZO 10D1F FDIAL BA .12WIFE (ME GL) s Tm fIl NH�� CONNECTS 10 THE SINGLE PORN CONNECIION tROUp IWVR Ai BOTTOM OF TOWERS OR BAR (SPCB) FOR MEN EQUIPMENT LIOIry� 1Lfi 311M1 USE EXOTHERMIC LONNECTDN SD NDT TO BE USED FOR CONSTRUCTION UNLESS SIGNED W DESIGN PROFESSIONAL AND STAMPED APPROVED BY MUNICIPALITY "': 2'-:'i-:'°"`Mx.' 5 2i-„°r COAX CABLE GROUNDING 4 'ATr SELLa MSf GROUND BAR 6 X•MiT GRND CABLE CONNECTION r'°rs Y OF WASy D �r TO mITNRn $ W'7 4 SSIp.�'AL i7tY� f CG% JUMPER (M) SRE NAME: WEANNERPRWRNG� KIT (M) MF vu mF x[ yyQ[_55 (� 11W�lf\IU� RPRODIDR GROUND KR (M) WEA) SEE WFlNG NR (M) SEE NOTE 2 /fi AWG LAKOTA PARK T-MDYLf': ND. AMEN NCABLE TO ANTENNA GROUND ITS NIP) ATTACHED OWECBY TO IOWNO wELnIN°Hc°OR 1I RIWNG n+r n SE04653A �lffi PERMITTED TO GROUND RING U �VANW DASH POINT RD CO NOT INSTALL CAB1E GROUND KIT AT A BEND AND ALWAYS DIRECT GROUND WIRE DOWN TO ANTENNA GROUND BAR new¢ , �eEse DPE_Ge �..f4 FEDERAL WAY, WA 98023 SHEET NAVE: WEATHER PROOFING SHALL BE TWO-PART TAPE KG. COLD SHRINK SNALL NOT BE USED. GROUNDING DETAILS E-5 1111]' SGLf: Nis GRND CABLE CONNECTION 3 ;;:' B NOT USED 2 ;; „; BCE` n CADWELD 1 4 COUNCIL MEETING DATE: December 5, 2023 ITEM #: 61c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: 2024 FEE SCHEDULE POLICY QUESTION: Should the City Council approve the proposed Fee Schedule for 2024? COMMITTEE: FEDRAC MEETING DATE: Nov. 28, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Steve Groom, Finance Director DEPT: Finance Attachments: 1. Staff Report 2. Resolution: 2024 Fee Schedule Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Initial DIRECTOR APPROVAL: l R Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the December 5, 2023, consent agenda for approval. Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 28, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Chase Donnelly, Deputy Finance Director SUBJECT: 2024 Fee Schedule Resolution Financial Impacts: This is the annual fee schedule adjustment, principally to keep up with Consumer Price Index (CPI). Gradual increases have been included in land use, right-of-way permits, transportation impact fees, plumbing, electrical, sign, and building permit fees based on using the CPI for All Urban Wage Earners and Clerical Workers for Seattle -Tacoma -Bellevue area. In section 7 of the attached schedule, accessory dwelling limits fee of $582 was eliminated to align with Federal Way Revised Code 19.15.020. Mobile food truck permits was added and is calculated at 2 hours of review time at $165 per hour, and multi -family tax exemption fees were added to align with Federal Way Revised Codes 3.30.060-090-080-100. In section 10, right-of-way work without a permit for residential and all other applications fees needed a separate line item for clarification, and therefore were added at $776 and $1,580 respectively. In section 15 of the attached schedule, the Community Center Membership Fees for Resident and Non -Resident members increased by between ten and nineteen percent. Minimum wage, rising staff costs, and supply and equipment replacement costs have steadily risen over the past several years and this increase will help maintain the reserve at the Community Center. In addition, room rental rates are being increased to better align with similar venues and reflect the increase in demand for rental venue spaces in our immediate area. Background Information: The City sets fees for various items within its jurisdiction, and are reviewed every year by each department and adjusted annually. The adjustments are based on iriflation or recovery of costs associated with various licenses, permit processes, and other business activities provided by the City, and other adjustments have been made to remain consistent with surrounding jurisdictions. Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, amending the fee schedule for 2024 and repealing the fee schedule adopted in Resolution No. 23-841. WHEREAS, the City is authorized under RCW 35A.11.020, 35A.63.100(2), and 19.27.040 to require licenses for the conduct of business, require permits for the construction of structures and improvements, and to impose fees to recoup the costs of processing and/or providing services; and WHEREAS, the Federal Way Revised Code establishes the basis for the assessment and/or collection of such license, permit fees, and service charges; and WHEREAS, the City Council deemed it is advisable and necessary to provide gradual annual increases in Land Use, Mechanical, Plumbing, Public Works, Electrical, and Building permit fees , and to establish Consumer Price Index for the Seattle -Tacoma -Bellevue area as the basis for such adjustments, and WHEREAS, the Transportation Impact Fees are indexed to provide for an automatic increase each year based on a three-year moving average of the Washington State Department of Transportation Construction Cost Index; and WHEREAS, the City Council finds it necessary to revise building -related permit fees in order to ensure that fees reflect changes in the types of permits issued, more accurately recover costs associated with permit issuance, to remain consistent with surrounding jurisdictions, and to correct inconsistencies and errors; and WHEREAS, the City Council finds it necessary to revise the City fee schedule upon review of the fee table to make the above adjustments and additions. Resolution No. 23- Page 1 of 17 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Fee Schedule. The City of Federal Way hereby adopts the 2024 Fee Schedule as attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for fees associated with the various licenses, permit processes, and other business activities of the City. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. The fee schedule adopted by this resolution shall be effective January 1, 2024. Any act consistent with the authority and prior to the effective date of thexesolution is hereby ratified and affirmed. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this _ day of December 2023. [signatures to follow] Resolution No. 23- Page 2 of 17 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 23- Page 3 of 17 EXHIBIT A TYPE OF FEE 2023 2024 Proposed Fee Fee SECTION ONE. ANIMAL LICENSE AND OTHER FEES._(PD) Unaltered Cat license per year S50 560 Unaltered Dog license per year $60 N0 Altered Cat. Altered Cal license for we year $20 Altered Cat license for two year S35 S35 Altered Cat license fot three year SSf'] $60 Altered Dog: ,filtered clog llc9nSe for one year S25 $25 _ _ Altered Dog license for two year _ _ $45 Allerad Dog license'rauire,B.ye t85sss Permanent License (owners 65 years of. ape and nlder� • fHtased - No Foe No Fee Permanent License fdlSabled) - if Allayed No Fee No Fee Other Fees: _ ReplaCertlant Tag 32 S2 Hobby KennSWobby Cam (Plus each individual animal must be licensed) Si90 550 Penalties: Less than 30 days renewal fee _$10 310 _ _ 30.66 days late renewal fee $213 _ _ _ _ �$20 Over 60 days late renewal fee $25 $25 No refund due to pot movhrq out of the area, or lost pat. The Mana a9 r m11Y rtuNroYim a.rHund aolkand In afror. SECTION TWO. BUSINESS REGISTRATION._{FI) _ General Business Reaistration: New Business General Commercial Businesses to include, 2nd Hand Dealer, Dance Hall, Massage Parlor, Gambling (+ $50.per device up to 6), Restaurants 0.10 Employees Sao Sao 11.25 Employees 5125 _ S125 26.50 Employees $250 S250 51.100 EmploYeeg . -- - - — - $,.sav $1.500 101 500 Employees _ S4,5O054,500 501-1000 Employees $9.500 $9,500 Outside ConVoctor Soo $a0 F" occupeticn _- sk Temporary BusinaasRegiidratgn S50 S50 — Right o1 Way_-.. — $43 S43 -� ._-. - _ DyplfcaSe RasVagex� {raptamarii) S15 $15 Specialty Lleenso: _ Second Hand paa[�r_ Sea.Galwrsd Business Repissl an ++ SW. See Gen" Business Re atralion + $80 _ _ _ _ _ Pawnbroker'!! Wr6e _ _ $9e Gerteraf Business Rggi51ralion +g[p0 — SaeTGmiaral B.yslness ii0gistralirin + SSE)0 Public_ Bathhouse: 1- _Public Bathhouse Business $ee General Buslness Regislratldrl &B@ i39nMAE Busi[>gss Registration 2. 68Urhmae Attendant per attendant in addition to ausiness Reglstrallon fee Sao Sao S. 9alhhouso Manager per manager in additon to Business Rep stralion Tee. $W _ _ � ' Sao Public Bath House Proration: The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made and shall not be prorated for any part of the year except that if the original application for license is made renewals shall be required to be obtained and paid in full by January 31 of each respective year subsequent to June 30 the license fee for the remainder of that year shall be one-half of the annual license fee, Annual License Renewal See below See below Resolution No. 23 Page 4 of 17 TYPE OF FEE 2023 2024 Proposed Fee Fee Late Penalty: Failure to pay any registration fee due within 30 days afterthe day on which it is due and payable shall result in a penally of Five percent or $5.00, whichever is higher, on the amount ofthe registration fee, and an additional penalty of five percent or $5.00, whichever is higher, for each succeeding month of delinquency or part (hereof, but shall not exceed a total penally of $25 00 or 25 percent of the amount of such regislralion fee, whichever is higher SECTION THREE. CONSTRUCTION PERMITS (CD) PERMIT FEES A. BUILDING The Building, Mechanical, Plumbing, and Sign Permit fees are calculated by applying Valuation Table A to the value of the work proposed. The valuation should include the typical construction methods for foundation work, structural and nonstructural building components, and interior Finish material. The value of the work shall be determined by using Building Value Data as published and further updated by the International Code Council or by submission of a written project bid su bject to approval by the Building Official. Note: Additional fees will apply to a permit, as noted here: All development permits are charged an automation fee. See Section Three, I for details. All building permits are charged an SBCC surcharge. See Section Three, I for details - All permit review Includes review of the or4lnd wbmtsekn and one rewbmfsaion _ _ RasrbmRtal of dooumenu-Addibenal plan review foes will be aasasadd alerting with secand and wbs Mena reauEmhdone Some building permits require plan review. See Section Three, G for details Some building permits require plumbing fees. See Section Three, D for details. Some building permits require mechanical fees. See Section Three, C for details. Some building permits require a digitizing fee. See Section Three, I for details. Some building permits require an impact fee. See Section Thirteen for details - Some building permits require zoning review. See Section Seven, B for details - Some building permits require a South King Fire fee. See Section Five for details B. DEMOLITION Permit Fee is based on total project demolition valuation. See Section Three, A, Valuation Table A to calculate fees. C. MECHANICAL General permit fees are based on total installation valuation- See Section Three, A. Valuation Table A to calculate lees Permit and plan mltrrr Teas (era New Slnple-IF" ResWnu is it RN fas of. -D. PLUMBING General permit fees are based on total installation valuation. See Section Three, A, Valuation Table A to calculate fees Permit and plan review fees for a New Single -Family Residence is a flat fee of: E. ELECTRICAL Permit fee is based on total installation valuation. Use Valuation Table B to calculate electrical permit fees. Per FWRC 12.05.060 (7) 30 % of Plan Review fee Per FWRC 12 05 060 (7) 30 % of Plan Review fee 5482 Sill Resolution No. 23- Page 5 of 17 TYPE OF FEE 2023 2024 Proposed Fee Fee F. SIGN (1) Permanent sign Permit fee is based on total construction installation valuation. See Section Three, A, Valuation Table A to calculate fee The total permit fee' for electrical signs includes an electrical connection fee, as follows: Firm alpe Etch adtlll oiial flpn an came a'pplicatipn The total petmb tear includes a per sign planning surcharge, as follows: Fkatiiph Each additional sign on same appucoun (2) Temporary sign. Note: temporary signs are by separate permit Permit fee G. PLAN REVIEW FEES The specified plan review fees are separate from and in addition to the permit fees and are collected alapplication submittal Building permit: 65% of the building permit fee Mechanical porrnit. 65 % of the mechanical permit fee Plumbing permit 65%of Iheplumbing permit fee Sign porrhK 85% of 81e sigh pefmtl fee Electrical perm It 65% of 1he elec f al permit Tee ...... ..--....... •............ . South King Fire: 15% of the building permit fee(Comrnercial building permits ONLY) Additional plan review required by changes / additions I revisions to plans, per hour or portion thereof Outside consultant plan review. Any private or public professional services contract needed will be billed 100%, plus 10% billing and administrative charges. Nate 1- Fee is based on actual hourly personnel costs Note: Fire prevention system plan review fees are found in Section Five. Fire Code -Annual Permits and Review fee section s83 $88 Sag $41 S82 $66 $23 SU $58 $61 $83 _ $88 SECTION THREE. CONSTRUCTION PERMITS (CD) (continued) H. ADDITIONAL OR SPECIAL INSPECTIONS The following fees are separate from and in addition to the permit fees and are collected in advance of work performed 5. Rwmpeceon isecono and subsequent re!napecllonst (dourly Rate'l 563 $88 2 Inape•_tions for which no fee Is seecifcany md3caled (I -hoof mmunuml Inuur:y Raw '1 $126 $134 3. lnshccllons outside of normal business hours t4.bour min lm,.m) (Hourtr Rrise $126 $134 4. Inspections performed by outside consultants. [Any private or public professional services contract needed will be billed 100%, plus 10% billing and administrative charges.) Note: 1 Fee is based on actual hourly personnel costs I. MISCELLANEOUS PERMIT -RELATED FEES Adult ferfdly home fac"y mipeotlon Automation Fee (applies to all land use 8 derelapmlM permits?: Fee %the greawr of Sall or S`h of Ilia pormM1 fire, Blgltmky for fNgk-fam3ry plans submitted and permk issued piy�ny for [GmmercTal and mufti4a" Omni iii nJtted and_ p_d+mers issued Over -The -Counter (OTC) petmN review T� Single-family solar panel/system permitree Abandoned Shopping Carl Impound fee Abandoned Shopping Can Sawape fee '_ _ Abandoned Shopping Carl Pawery fee, 5 cart miamltlln, Paf try Stale Building dodo Council (SBCCI we, natge for Resfd"liol Building Permh For each residential unit after the first onll on the same psrmli. State Building Code Cau"il ($13CCy sm charge for Commercial Budding PelrAas For eery reeidlniebl unit ehet The f,3 sl end on Me same permn. Resolution No. 23-_ Page 6 of 17 TYPE OF FEE 2023 2024 Proposed Fee Fee J. REFUNDS Permit applications: The Building Official may authorize the refunding of not more than 80% of the permit plan review fees paid, provided the applicant presents a written request to withdraw the application prior to the commencement of staff review. The automation fees are non-refundable. [ NOTE: The Building Official does not have purview aver another department's orjurisdictien's fees. Please apply for other potential refunds separately, if applicable.) Issued permits: The Building Official may authorize the refunding of not more than 80% of other, non -plan review -related building permit fees paid, provided the applicant presents a written request to cancel the permit prior to the commencement of any construction work covered by the permit and/or prior to the completion or any inspections by City staff. The automation fees are non-refundable. [ NOTE: The Building Official does not have purview over another department's or jurisdiction's Fees. Please apply for other potential rerunda separately, if applicable.) K.RENEWALS Permit Renewal: Request for renewal of residential, multi -family, and commercial building permit L. PENALTIES Any person who shall commence any work for which a permit is required by (his Code without first having obtained a permit may be required to pay double the permit fee razed by this section for such work Such double permilfee shall be in additional to any penally fora violation of the provisions of this Code. SECTION POUR. FALSE ALARMS. (EMS) False Alarm Fee Burglary 1st and 2nd false alarms in a registration year (July 1 - June 30) 3rd fuse blerms in a m1i.1mikM year fJ uty t . Juno 30). eaeh alarm ilh fake alums Ina realafaatkn year (Juiy 1 - Jura 30L uach alarm Sth false alarms in a regkbatian year (July 1 • June 30). each alarm Gth and wcceedra false alarms in a registration year (July 1 - June 30). each alarm $335 1366 Free Free $50 $50 Si00 5100 Stop S150 =0 $200 Robbery 1 st and 2nd false alarms in a registration year (July 1 - June 30) FM 3(d W" alarms In a mgoinigon year (Juyr t -June 30i, each alarm _0V _ ath lahe alarms at o raglairatlan year 1 - d1Yfta 30). each alarm $150 Sth false alarms in a registration year (July 1 -June 30), each alarm 61h and auct@ssWe lalsa slams fn a repa4agofi.yea, [Jay t . June ila m Registration Fee Lea heektratlea raw penally Late Few Alarm Paymenl Panto ry Appeal Hearing Cancellation Fee SI5 560 Sib Free $75 $150 $225 S300 S25 S50 525 $to SECTION FIVE. FIRE CODE -ANNUAL PERMITS AND REVIEW. (FIRE) Fire Department Review and Inspection of Building Permits 15% of Building Permit Fee with min $84.0; 16% of Building Permit Fee with min $89.39 Fire Prevention System Permits . Permit Fee (based on valuation) Per IBC Section 108-2 Per IBC Section 108.2 Plan Review Fee _ 65 % of FP Permit Fee 65 % of FP Permit Fee Btaeta•famtfy s@lar P. net I ayarcm permit fee S120 Outside Consultantplan review _ Actual Cost Actual cwt _ _ Aadijenar plea renew requced by Changearadditiah/lyvilkms 1a piarrr-Wtow or pahimI laf MAW _ — — $6G.li0Rtf — — — Nat@, G!y rclar/la sie.00 wrorQr r@Q iQfFttICQSOiQQ SECTION SIX. FIREWORKS. (FIRE) Public Dis lay Permit together with $100 00 cash band) $100 $160 _ SECTION -SEVEN. LAND USE. (CO) A. PRINCIPAL LAND USE AND SUBDIVISION -RELATED FEES: pQe�iippy-pwQMFWUi;�.{J. brMasfpri) _ — $582 to Adminjsvative DalelrrllfwtlonlCorie Inlerpretallpft ilndudessubmiss{an 8 I resubRllasi(xrr U31 loot Annexations (Inaudes aubfrllssion & 1_resubms6itirtr 53459 i3r697 Resolution No. 23- Page 7 of 17 TYPE OF FEE 2023 Fee 2024 Proposed Fee 9EC VON SEVEN, LAND USE. (CD) (*arltinuad) Boundary Lino Adjustment [Includes submission & t resubmission], Plus S1,661 $1,761 Fire Review @ 5% $83T S89 Public Works Review 51,037 S1.084 8lnding Alto Plan, 2.4 lots (Includes aubmisslbn 31 rasuhmfssiorl],Plus 54,154 A4�3 Fire Review @ 5% s208 s220 l Public Works Review S1,839 $1,924 Blndlnq glta Pleb, 6.9 lots (Includes submission & 1 rasubmisslon), Plus: $5.401 — Flfe fie±li9w,�.5% — _ S271 S287 Public Works Review Binding Site Plan, 10 & more lots llnctudes submission & t resubmission},Plus. $8,308 S8,806 FireReview Q 5% S416 $441 Public Works Review 51.839 51,924 Change of Use (Includes submission & 1 resubmission) - $415 $440 Davelopment Agreement, New or Amended 530,000 f37 800 Forest Practices Permit (Includes submission & 1 resubmisslon) $M $311 Flood Plain ParmIt IIncIudas submisslon & 1 resubmissionI SB31 5887 Historic Daalgnollon Review (Includes submission & 1 rasubmission) Sias 5176 Lot Line Ellmination (Includes submisSioR 6 t ir"ubmission) S1,861 51,761 Plat, Prellminary (Includes submission & 1 resubmleslonl. Plus: S6566 38.806 Per Acre Fee S11 o S717 Fire Review 6 s96 S429 S466 Public Works Review Base fee _ $5.268 $6,629 Plus per q= fee S203 $212 Plat, Final.[Includes submisslarf,& 1 resukrllEsslon},Pius _ 56,466 16,814 Public Works Review Plat, Short 2.4 tots (Includes submission & 1 resubmisalon),Plus S4-154 $4,403 Per 101 S 168 _ $114 Fire Review.@ 5% s208 $220 Public Works Review S1,821 51,906 Plat, Short 6 - 9 lots (IncWas aubmtsslion & i rssubmisslonJ, Pius: _ $5.401 $6.725 Per lot _ _ _ �$114 Fire Review @ 5% _$108 T $270 _ $286 Public Works Review $1,821 $1.905 Pre -Application Meeting (Includes submission & 1 rosubmisslon) $631 ftia9 Process I - Miner slta ravlow (Includes submission & 1 resv6ml5alon) S831 seal Proeees 2 • Site Plan Review (Base Feel (Includes submission & 1 resubmission], PIu6 $3.739 $3,383 over 2$,000 sqn _ 5474 3602 over50,000 qq S830 $680 over 1OQ,000 sgfe 51,169 $1,269 Fire Review @ 5%'o STa7 Public Works Review Bose Fee, Plus:over _ _ _ _ _$198 25,n00 sgfl 5406 $42.6 over50,000 sqN over 109,000 Sqll 51,224 iR,6U Resolution No. 23-_ Page 8 of !7 TYPE OF FEE 2023 2024 Proposed Fee Fee Process 3 • Pteleet Approval [Base Fee] (Includes submission & 1 resubmission), Plus: 54.385 56,284 over 25.000 sgtt -- - _ $4 4 $602 over 50.0WsgB 5830 $890 overi00,000 Kff S1�185 $1,256 Fire Review Q 5 % $249 $284 Public Works R"aw Base Fes. plus: _ $1�751 f1,e11 over 25,000 sgd $406 $425 _ _ over 50,000,sgft $all $848 over1U0,000 s9R _ $1,224 _ _ _ $1,280 Process 3 • IlCfflk w forMdie tower& anlenro structures for use by antalaur radio regWred bS FWRC 19.110.ti4(3j {trtclu es submission & 1 resubmission), Plus: 5293 011 Fire Review a..5° 6 876 =16� Process 3 - Administrative Variances Includes submission 8 1 resubmission $4,985 $6,284 Public Works Review $406 $426 Process 4 -Hearing Examiner's Decision, [base Fee] (Includes submission & 1 resubmission). Plus $5.295 26,614 Fire Review @ 5% _ _ S265 $2111 Public works Review S2,433 Process 4 - Hearing Examiner Variance [Base Fee] (Includes submission & 1 resubmission), Plus $4.461 54,729 Public Works Review $612 $floe process 6 • Quast•dudloiel Rezones [Sate Fee] (Indtides sudmissiarr.31 resubmission), Plus: From one RS deskgnatlon to another RS desigr}allon Per Acre $118 $126 Maximum $25,662 $27,202 From one RM designation to another RIN designation 55,29E 36,iH4 Per Acre 5118 $126 _ _ 2M SECTION SEVEN, trig¢ i1SE. (CD) {continued] Process 6 • Comprehensive Plan 7 Rezone Map rTmAt Amondrn [9aae Feej-(Includes suhmfbsfCn_8 f reSubrtli5si0t1 plus_ -.. - - - -' Sb,298 _ i6r,814 Per Acre (for map amendment) $118 _ _ _ _ $126 • ;' $253 $Sti3 SEPA City Center Planned Action (Includes submission & 1 res(Jbmiss;on) Plus: Fire Review Fee Q_ 5% Public -Works Revievr SEPA Environmental Checklist for kart-ProfectAction (Indudes suhrnlssion & 1 resubmission), Plus: Fire Review Fee �5% _ Public Works Review SEPA Checklist for Project Action (includes submission & 1 resubm€Sslon),Plus: Fire Review Fee 0 5% Public'Aarks Review Shoreline Subststantial Develepm8nt Permit, LBese Fee] [Includes submission & 1 resubmissionj, Plus ov0f S1_S,UOtl,prajeclvalue. - - - - - over 550,000 project value over $100,000 project value over $500.000 project value over $1,000,000 project value Public Works Review 582 $611 $21M $109 52;175 _ $109 55136 S4.985 5950 _ __AMA $5;2220 S76.439 $15.657 $1.824 S1,741 $87 $848 $2,306 $116 $426 $2,3n6 $11s 5629 $6,284 51,007 - 53,017 56,633 517,066 $16,666 $i,s08 Shoreline Conditional Use Parmlt (des.-.su6Rtiss]on d 1 Sian}, Plus_ 84,985 $6.294 Public Works Review _ 53,447 $3.606 Resolution No. 23-_ Page 9 of /7 TYPE OF FEE 2023 2024 Proposed Fee Fee 6horeflno (Exemption Determination) (Includes submission & 1 resubmrsslon S418 Saei1 Stlorallne variance pncu;das submission! 1 reSubmissicn) Plus: S4,985 $6,284 Public Works Review S2,551 Sim Temporary tlaa Permit CIO $176' Tree Retrieval Request (Incudes Submission & 7 iestitimis"n 4165 $77a 2onino' CempllanIto Review -- Change of Use jfnefucies submission & 1 raSttbmf---- J $415 S44.0 Zvning VoriNsatic n f Inquiries 10 otarminatlan$41rtCludeB.attbmission 8 1 resttbimLk foil 5785 WS B. MISCELLANEOUS LAND USE FEES: _ Appeals $1,328 $1,408 [Far appeals of Administrative Decision. SEPA Dete r aUonNotiCe of Violation,,or HearinA Examiner Decision] Automation Too (Applies to:a# Land Use and Davelapment permits] Extension raquasts Mobile..oFood Tnrak permit _ Multl-Family Tax Exemption Irill laI AppllcaUan E xton Sion of coed ltlonal carilRoate Amondmant Final Certificate Notary Public Sorvico- Per document Ronew2l of Land Use Permit ResubmtttaI of documents - Adddlonal plan review lees will be assMgd 5(.pir1R with SeWnd artd.Subsequent resubmissidm R ay tow 1 Requests not dlhefMse covered by lhis sc heduld t1:7 p mEn7mTgLM h0uf Noticing Poslago, Property Pasting, & Matorlals6 News _ _ _ 1 Appeal Fee shall be reimbursed in the event the reviewing authority determines that the appellant has substantially prevailed in the appeal action 2 The South King Fire & Rescue (SKFR) administrative review fee in an amount equal to 5% of the land use fee imposed is charged and collected by the City and paid to SKFR 3 Additional fees will be required to pay for any time spent on Land Use Applications by the Department of Public Works above the number of hours covered by the base amount allocated to Public Works for each application. 4 Fee is based on estimated hourly staff costs- 1i. Pr oco:c 34 and plc plot C. REFUNDS OF LAND USE FEES. The Filing Fees as set forth in the Fee Schedule for the City are established to defray the cost of posting and processing and the proceedings in connection with a land use application, The Director of Community Development may authorize the refunding of not more than 80% of the total application fees paid provided the applicant presents a written request to withdraw or cancel the application• The refund amount shall be determined at the Director's discretion and be based an the amount of staff resources utilized at the time of the request. D. MULTIPLE FEES When multiple land use fees are required for the same project, the highest fee shall be charged at full cost and each additional fee shall be charged at 25% of listed cost Exceptions: 1) If a land use permit is required in conjunction with a subdivision application (preliminary plat, short subdivision or binding site plan), full fees for both types of permit shall be charged, 2) SEPA fees shall be charged at the full rate shown. SECTION EIGHT. MISCELLANEOUS.. MAYOR Miscellaneous Review, Inspection or other Activity (Land Use, Public Works & Building Permit Services): Any public works, land use or building permit-relaled review, inspection or other activity not covered by the fee schedule, if performed by a City employee, is based on actual hourly cost, plus benefls of 35%, plus overhead of 25%, plus a $15ihr computer usage fee. Any private or public professional services contract needed will be billed 100%, plus 10% billing and administrative charges. u1 Sm $s11 511 _ 5335 30% of.pian.review. fee $165 $50 — $Si18 $160 $160 $160 550 $12 $366 30% of plan review fee $176 $268 Cost+ 1D95 Per RCW 42-56 as amended _ Per RG W 42 56 as amended Per RC W 42 56 as amended Aar RCW 42.56 as amended Resolution No. 23- Page 10 of 17 TYPE OF FEE 2023 2024 Proposed Fee Fee E Size Rolled Plan Copies, Per Sheet Per RCW 42.56 as amended Per RCW 42.56 as amended Audio Dupircalion, Par CD Per RCW 42.56 as amended Per RCW 42.56 as amended Clerk's Certification Pasaport Applfcatlon Fat :simlla Usage Qncoming!Wgp. ffg) U Pagli Each addittalal page Bound Printed Documents Ron -sufficient Funds Fee GIS Map and Data Requests:* 8 V2 by 11 - Paper - Color B 1f2 by 11 - Paper • Black 3 While _ - 11 by 17 • Paper - Color I by 17 -Paper - Black & White _ lip to 34 try 44 -Paper - Colaf Up to 34 by 44 - Paper - Black & iillhite — CDIDVD ROM (per diskiCDIDVD) Maps that require extensive processing time or require additional ink and plotting supplies will be charged at a higher rate. Applicable sales tax will be added to the costs. ro1u 510 $35 970 _ $35 S3 33 S1 St Actual Cost Actual Cost ---- $25 $25 $4 53 $5 $4 S3 S5 $4 per square foot Per square fact $2 Staff Time to Complete Request Per How S76.50 S76:50 Computer Usage. Per Hour .. Sss _ S15_. Rate slalt Imte and compulcr ceagc win on ly ba charged on-req'veiis far cusigm vcducls SECTION NINE. PARK AND CITY FACILITY USE FEES. [PARKS) Steel Laku Picnic Rantals ✓€ Spnonil Events Picnic Rentals Monday -Sunday Reservations are from 10:00 am - 3:00 pm and 4:00 pm - 9:00 pm with a Full Day option of 10:00 am to 9:00 pm #1 Steel Lake Park (Site #1) and Town Square Park MOM. _ _ $190 3190 fiu11 Clay S320 Sm _ #2 Steel Lake (Site #s 2-5), Adelaide, Laurelwood, Palisades, Sacajawea, and other requested sites (with City approval) Part Day S105 $105 Frill Day $190 $190 *Note: Groups over 120 require a Special Events Permits and subject to a different fee schedule and requirements. Special Events Frrst three hours (3 hour mimmu_m) $210 5210 Hourly rate after f rsl 3 h=y 5 S70 S70 Damage Deposit S1,000 _ $1,000 Refundable it no damage on. site _ AddRional charges on ALL permilaffesenrations� City -supplied additional trash cans $8 each_per cipy. $5 each per day Eiechio S50 per pay S50 per day — 'Stage_ _ SOOtl.per d y 5600 per day 'New stage wilh canopy 51=500,par.gay;^ $5,500 per rlay City H411 Raom Rerlta Is _ Council Chambers (per hour) SH9 St1f! Non -Council Chamber Meeting Roams (per hour) $30 SECTION TEN. PUBLIC WORKS. PW . T A. Building Moving and OverSixofOyarwolg_ht vehicle Permit. 1. Building moving through Cky S•107 $426 2. Building moving into or within City S407 - $429 Pre•move inspection, the higher of actual cost or $407 _ $426 Resolution No. 23- Page 11 of 17 TYPE OF FEE 2023 2024 Proposed Fee Fee 3. Oversizeloverwetghl vehicle permit $203 $2112 B. Streat andtar Easement Vadaedn Apptloatton 1-300lineal feel S1,273__ $4,394 every 100 lineal feel thereafter, per 100 LF $203 $212 C. Right -of -Way Use Permit, includes 1 1. lndividusl singie family homeowner 2 All other appllca(lons 3- Supplement plan review fee for any ai 4. Supplement construction inspection fc 5 lnspection outside of normal business 6 Weekend, holiday, and emerWnct ca 7 Re•inspeclion _ S. Job start penally fee S. Work without permit Rusldont(al All other applications D. Single Family Residential Right-ar-Way Modification Request, plus recording fog' 1. Non -Residential Right•ol-Way Modification ( Including Plat- Multi -family. Commercial) 2-.Reconsideration of determination with aditional supplied information SECTION TEN. PUBLIC WORKS. (PWi (continued $331 ——- —— — $307 5580 $1,621 $3.083 one s%6eo ' $607 — — $1.588 _ $3,226 E. Development Review Fop 1. Single, Family $305 3319 2- Short Subdivisions Construction Plans (Includes submission & t eesubmi551on) 52.440 $2,662 a. Supplemental plan reviewtconstruclion service fee, per hour (for additional resutxnlssianJ $203 5212 b. Construction Inspection Fee, per hour $168 $17s 3 Subdivisions and Commercial/Industrial Developmenis S3.661 $2.829 construcGon Plans (lnetudes submission & 1 resubmisslon) a. Supplemental plan reviewkLrialrucUon service fee, per hour S203 1i212 b. COnslrucllpn Inspection Fee, per hour $188 $47S F.Conourr�llcy _T�s generated:. - If less than 10 trip.$ S2.092 52,488 - If between 11 and 50 trips S13*d SG278 _ If be(ween 51 and 600 trips slowo S11,484 - if greater than 500 trips _ S1T,598_ $18,409 G. Miscellaneous Public Works Prrmlta and $afvftres {Same.Baastruotura under Sodtien EEQh}1Mieceilanedus Face} H. Frlrnohis0 snd Small Wiroless License & Permits 1_Ffancldse Application Fee SS,DpO $5.mo _ 2. Sr6e l Wreless Master Lease Administrative Fee SZOW S2.000 3. Small VWeiess Site Lease Addendum Administrative Fee 5888 $686 4. SUpplerreenlai review far any and all franchise. applications and small wffelass leesestaddendumstperrnls {per hour)_ 5784 5184 5 Smell Wireless Site Reservalion (S mdmhs, maximum 10 stles) Re/efv9l(mt Feb per situ_ 6-.Small Wireless Site Rent -(per location per year) _ _ _ _ $270_ _ $270 7- Small Wireless Permit (when included in Site Lease Addendum)' fee included in Site Lease fee included in Site Addendum Fee Lease Addendum Fee 8. Small Wireless Permit (when not included in Site Lease —Addendum)** $652 $652 Ra¢atdl.R F.e par h.pt., 75A75.e 1e RCW end as amended end K.C. Coda 1.1 ZAN and n amended " Righrwfvay Use Fermit (Sooaon 10 of Feu scheduta) k also Iagvirad for ¢onslrupllen and restoration whhth the hvhlbr way. SECTION ELEVEN. RIGHT-OF-WAY ACTIVITY. (FI) Right of Way Activity Permit Fee $184 $184 SECTION TWELVE. TA%tGASS.. Pursuant to King County Fee Schedule Resolution No. 23-_ Page 12 of 17 ' TYPE OF FEE 2023 2024 Proposed Fee Fee SECTION THIRTEEN. IMPACT MITIGATION. School Impact Fee, per dwellina unll, as noted below (FWPS RESOLUTION #2021.13) Single Family Residenca, inducing Duplexes and Accessory Dwelling UniIs So so Plus City Administrative Fee Q 5% $0 $0 Multi•Famify Residence _ _ _ _ _ _ _ _ _ _ _ $0_ _ $0_ Plus City Adadnislrabve Fee Q 5% � 50 "Mixed -Use Residential m aecardancerrWt.[31 liaise Flo; $6 249 $D so Plus City Administrative Fee Q 5 % $0 $0 The following school impact fees discounts I—— —as follows: Multi,Famlly Residence -. A+ blsdrdam_ unit.( discount) Aso i(f Plus City Adminislraiiva Fee Q 5% 'So SO Multi -Family Residence - 3 bedroom unit (12-5%disCUUrt1). Pius City AdminislrativA Fee Q 5% _ so ^ MuIG-Family Residence - 2 bedroom unit (31.2% discount) _ so 5o Plus Cily A.dmmistralive Fee Q 5% So so Multl•Farniiy Residence - 1 bedroom uNt (50%discount) 90 _ s0 Plus City Adminis"tive Fee Q 5% .30 .Sa _ Multi -Family Residence =Studio unit (62.5 % discount) _ 50 SQ _ Plus City Adrmrnstrative Fee Q 5% So Sb "Drdlnutoe No. id-787 prevldee 64% fedue.d seheel Imp PC% lee will- city Conti, tan.- _ h :'Cily Adnlillls &We Lea of S% will ba added to th. t.1a1 Soh—r impact roes charged Park Impact Fee (Pt A. Residential Per Dwelling lJnit $2.200 $2,200 B. Commercial Per Employee $0 SO Nobs; I City Admi-ialrlVIRM Ip. OFIM will Ce Wd.d to tAetpdil perk -- Traffic Impact Fee (PW ): Land Use A. Rosidonflal Single Family (Detadled) perdwalling 58,193.81 S8.138.21 Mul&FamBy per dwelling _ S3.849.39 S3,721.96 Sen6bf tioslsing per dwelling $1.906.26 S2.877.84 W—Wolipme In MH Park Wd:"Wrip S3,045.60 S4.017.1$ B. Commerical - Services Drive-in Bank sf/GFA _ _ S47.15 $60.67 _ Hotel Or roam 55.675.38 _ S6.837.76 _ Motel per rbetn S3597.15 N.662.01 Day Care Center per WGFR_ $39.44 $41.18 Libraryper sllGFA 524.60 526.74 Post Office pet sf/GFA S33.80 $36.07 Service Station per VFP _ __ S21,431-85 S22,227.91 ces ServiStation with Mlnimart pereuei=A VFP $21.371.45 Sa8.263.02 Auto Care Center par sfIGFA $8.19 11.86 movieneater per seat _ _ 5415t14 $M-87 _ Health Club per sfIGFA $18,97 SnAl Resolution No. 23-_ Page 13 of 17 TYPE OF FEE 2023 2024 Proposed Fee Fee SECTICH THIRTEEN. IMPACT MITIGATION. centlnuad C. Co mm are inI- InaHtvtlon ai Elementary School perW-FA student - $4.41 $638.26 MlddlelJr High School persN6FA student $801.46 High School per600" atudent _ _ _SBR8 _ S879 S7,026.07 Assisted Living, Nursing Home per bad _ $3,178.01 51,316.97 Church per $VGFA _ $4.28 PAS Hospital per sftGFA _ _ _ $7,34 $6.61 D. Commercial -Restaurant Rests_uranlWSf FA _ g35,11 High Turnover Restaurant per sFJGFA_ Fast Food Restaurant er sf/GFA $77.37 Espresso with Drive -Through per sl/GFA Drive-Thru Lane $78,79 536.74 329,36 $81.70 $14,920.88 E. Commercial - RetallShopping Shopping Center per sf/GLA $12.49 _ _ Supermarkel per sf/GFA _ _ _ g2B.45 _$11.66 W.62 _ Convenience Merkel per sfrGFA _ $77.8$ Free Slanding Discount Slane per sftGFA _ _ _ _ _ _ _ $16.39 $17.16 Hardware/Paint Store per s11GFA _ _ $4,35 Moll Variety Store per sftGFA $13-76 _ _ =14.48 Furniture Store per sf/GFA $1.25 S1.51 Home Improvement Superstore per sf/GFA s6-7i _ ;B.Bp Pharmacy µtiih privy-Th - -6 per s#GFA $21,16 $21.99 Car Safes - Now/Used per sf1GFA $2e.38 S24 4$ Commercial - Office General Office EI6F.sf/GFA Medical Office per sf/GFA _ $9.79 $13.36 - - 524-55 $29.16 Industrial Lightlndustry/Manufacturing persf/GFA _ - - - - - _ - $5.96 $6.88 Industrial Park per sf/GFA _ _ _ _ _ _ _ - _ _ _ $3.79 $3.36 Mini-Warehouse/Storage per sf/GFA _ _ _ $1.61 $1.48 Warehousin persf/GFA $1.81 $1.78 City Center Impact Fee Rates A. Commercial - Services Onve-in [sank (CC) per sf/GFA Day Care Center (CC). per srfGfA Library {CC) per sf/GFA Post Office, (CC) per WGFA Movie Theater (CC) per seat Health Club (CC) ".r sf/GFA B. Commercial - Restaurant Restaurant ICC) per sffGFA High Turnover Restaurant (CC) per sf/GFA Fasl Food Restauranl (CC) per sGGFA C. Com s27.53 W9.20 s23.03 $24.12 S14 37 _ Sli $19 73 S20.46 5242.97 3226,93 $11-08 $16.31 SiB.s9 514.5i S37.T6 S&00 513.89 f14.77 538.48 $6.64 Si3.96 $16.62 Resolution No. 23 Page 14 of /7 TYPE OF FEE 2023 2024 Proposed Fee Fee D. Commercial - Office General Office (CC) per sf/GFA _ _ 58.69 S5-05 Medical Office (CC) per sfIGFA S9.26 $11.02 GFA = Grose Floor Area GLA = Gross Leasable Area CC = City Center For uses with Unit of Measure in sF, trip rate is given as tripe per 1,000 sF VFP= Vehicle Fueling Position. (Maximum number of vehicles that can be fueled eimultsneoualy) Notes: 1) City Administrative fee of 6% will be added to the total Traffic Impact Fees charged. 2) Traffic Impact Trips/Fees computed based on ITS 11th Edition. Surface Water A. System Development Charge Single Farnlly (Detached) perdwelling $1.139.54 All other DDvelep"rit per ESU (1 ESU = 3200 sf of new impervious surfabe) _ $1,139-54 SECTION FOURTEEN- PUBLIC SAFETY. PD Photocoples, Black and White Per Page PhWocogies, Color Per Page Scanning Per Page photograph Duplicadon.(trom filmy. Audio OupNeation. Per CI] Video Dupiicatldn. Per DVD Digilal Image Duplication, Per CD Fingarpnnl Card _ Clearance Letler Body Wom Camera Redaction Fees ($0.83 per minute of redacted video) Concealed Pistol License -Fees may change pursuant to State of Washington Firearms fee schedule Cmtcealed Pistol License - New Concealed Pistol License - Renewal Concealed Pistol License - Late Renewal Cont;ea]ed Pistol nse - Duplirste eFasuenoa Lamination traffic 5chod {Irlcluding.Polica and Court costs) SECTION FIFTEEN. COMMUNITY CENTER MEMSERSHIP FEES. PARKS A. Resident Single - Adult (1"1) Single - YoUlh (3-11) Single -Teen (12-17) Single - Senior (62+) Household of 2 Household Of 2 &en[ors (B2+). Household of 3 Household of 4 Household of 5 Household 4f6 Household of 7 Household of 8 Household of 9 Household of 10 ' Low Income Rate is 75% S1 r'R2.71; 51 A S2.76 Per RCW 42.56 as ainanded Per RCW 42 56 as amended Per RCW 42.56 as 8merldeo Per RCW 42.56. as amended Per RCW 42-% as amended Per RCW 42.56 as amended Per RCW 42-58 as amended Per RCW 42.56 as amended Par RCW 42-56 as amended Per RCW 42.56 as amentfad Per RCW 42-55 as amended Per RCW 42.55 as amended Per RCW 42-56 as amended Per RCW t1i56 as amended S10 Is $3 ea edd9 S 10 1W $3 ea add'I — -- Sg — $0.83 $0-83 $4925 _ $4025 $32 332 542 342 310 S10 $175 $175 2023 Full 1014-Monthly- Monthly 1 yr Full Monthly No Monthly 1 yr Contract Payment 1 NO-cOt Contract Payment 1 Contract yr Contract yr Contract $44 S40 $429_ s0 S4 4 5472 $32 $30 _ _ _ S288 $0 $27 ie $32 $30 SW11 So $33 5042 $35 933 _ S353 $0 S33 S388 St3t3 _ S$f s6t33 So $s7 5729 S54 55_O 5544 so $456 5690 S72 $755 s0 $76 SR30 $79 _ _$68 $74 5815 s0 Sal S896 S83 $875 $0 S05 S062 S65 _ _S78 $81 $917 so s69 $1.009 $87 585 $953 $0 $93 $1.048 $92 $88 5987 s0 $97 $1,066 Resolution No. 23- Page 15 of 17 $100 $1,098 $102 $1,134 TYPE OF FEE 2023 2024 Proposed Fab Fee 8. Non -Resident Single - Adult (18.61) $49 $45 $465 $0 S45 $663 Single - Youth (3-11) $37 $35 $297 so $31 $0_ Single - Teen (12-17) $37 $35_ $385 =0 $38 1432 Single - Senior (62+) $42 _ $38 $409 so $42 3469 Household of 2 571 $67 so _ 574 saw Household of 2 Seniors (62+)` $60 $56 _$687 $586 so $82 $694 Household of 3 $78 $74 $787 so $81 S892 _ _ Household or $84 $80 $844 s0 588 5966 Household of 5 588 $B.4' USE) $0 $92 $1.013 HO_IlWB dof6 $91 �7 $931 so $96 $1,049 Household of 7 _ -8 $92 $91 $964 so 9100 51,086 Household of $97 $97 $998 $o 5107 S1.122 Household of 9 slos $1,158 Household of 10 E109 $1,196 'Low Income is 75% C. Corporate Membership Plan Mobile Pass M-F 10:00 am - 6:00 m $25 $25 D. Day Pass $10 $10 E. Room Rental Fees Rental Period Resident Non -Resident Resident Non -Resident Communily Full Room AIIO'8y 52.195 $2,450 $2,496 $2,860 4-8hom _S1,495 _ S1,ST5 $1,896 $2.276 Per hour 2hrmlR. $415 54T5 $476 $636 Two Room Combo 4 - 8 hours $1.150 $1,275 $1,760 $1,960 Per hour (2 hr min.) _ $305 $360 $606 $666 One Room 4 - 8 hours $500 $575 S4fi0_ f 1.160 Perhour.(2•hrimin.] $16io _ _ Sias $240 _ s276 Forest Lounge _ _ 4 - 8 hours $480 _ sm $660 $434 Per hour (2 hr mlr'k) 5160 Sias $1T6 7A6 Mapl-a Room 4 -8 hours $SqD $350 132S 011$ Per hour (2 hr min.) S75 i95 us $108 _ Waddino Raak�asa $1,750 $1,950 $0 So �3:-1--•."^6)r:��F['�id71-RC4ni•(�-hI&)r7rld-dGt-up . —Cu&tom $47s) Kilchen wilh room rental (preferred calerer) $25/hr $26ft S361hr $351Hr K11cheR-w 5200 base tae S25111r 5261hr So =G _ F. Damage Deposit fee Full or 20rd room S500 S500 35M $500 1 Room or Maple Room _ - - _ S250. M 5236 $25U SECTION SIXTEEN. IT TECHNOLOGY FEES. IT In order to accommodate the high cost and need to continually replace telecommunications, data, network, hardware, and software systems caused by a continuous and rapidly changing technology environment, the technology fees shall be applied to the following transactions: A. Business license fees. A fee of one dollar ($1) per business license transaction unless the business is exempt from payment of the business license fe- Resolution No. 23 Page 16 of 17 TYPE OF PEE 2623 2024 Proposed H. Parka and reerearien Fees. A ree of one dollar (S11 per transaction for each registration for any parks and reuea!ian program For the purposes of this subsw%on,'transaction' shot! mean the process of collecting and reeeipkng fees and charges in the form of caah, check, ar credit card payment for ptograrhs, services, or miscellaneous resale dams offered by the parks and recreation deparlmenl. The fee shelf not apply !o the following: 1. The fee shall not apply to regisiral Ions or Iansactions with a total cost Ions than ten dollars ($10): 2 The fee shall not apply to drop- n transactions (such as, for exampte and Without WrrlitErDW (1) time payment for use of the weight room at Communlly Center). C. Pat hcensa fees. A tee of one dolfar ($1) per Iransaction. For no fee transactions, (his fee is exempt D. For all other applications, permits. Inspections, registfaikons, trsrrsacfions, and approvals established under the Federal Way Retrlsed City Code, the fee sha0 be established by council resolution. Resolutiwr No. 23- Rage 17 of 17 COUNCIL MEETING DATE: DECEMBER 5, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENI]A BILL SUBJECT: INNOVA ARCHITECTS — FWCC LOCKER ROOM DESIGN ITEM #: / a POLICY QUESTION: Should the City Council approve the proposed contract for design of the Federal Way Community Center locker room renovations and authorize the Mayor to execute the contract? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Autumn Gre Attachments: 1. Staff Report Contract Administrator DEPT: Parks 2. INNOVA Architects Contract Options Considered: 1. Approve the proposed contract. 2. Do not approve proposed contract and provide direction to staff. MAYOR'S RECOMME TION: Option 1. MAYOR APPROVAL: II i3� �� IRECTOR APPROV mmitte CQanci lniiial/i7a Initial/Date COMMITTEE RECOMMENDATION: N/A It Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed contract and authorize the Mayor to execute said contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Autumn Gressett, Contract Administrator John Hutton, Parks DirectorIJPTIAy SUBJECT: INNOVA Architects - FWCC Locker Room Renovations Design Financial Impacts: The cost to the City for Federal Way Community Center Locker Room Renovation Design will be $232,365.00 and was included within the approved budget under ARPA funding. Upon completion of the Federal Way Community Center Locker Room Renovation design, there will be additional construction costs. The final costs are unknown at this time, but will be confirmed through Scope of Work within this Agreement. Background Information: In May 2023, Parks staff commissioned a conditions assessment of the Federal Way Community Center (FWCC) locker rooms (locker rooms). The report resulting from this assessment detailed many deficiencies within the locker rooms and associated architectural, mechanical and electrical systems, and finishes. Staff provided this report to the City Council at the June 27, 2023 FEDRAC Committee meeting[s] and, consistent with the condition's assessment report recommendations, requested authorization and funding to complete a redesign and renovation to correct the deficiencies and ensure longevity of the safe, enjoyable use of these well -used facilities. As part of the overall Federal Way Community Center Locker Room Renovation Project (Project), Staff negotiated a project management agreement with Rock Project Management and provided City Council with an updated timeline at the September 12, 2023 PRHSPS Committee meeting. The updated timeline reflects an Architectural & Engineering Request for Statement of Qualifications Phase, Design Phase, Permitting Phase, Request for Bids for Construction Contractor Phase and a final Construction Phase spanning from September 2023 — June 2025. In September 2023, staff requested statements of qualifications (SOQ) from architectural & engineering design firms. Interviews with firms that submitted SOQs were conducted by an interview panel and contract negotiations resulted with INNOVA Architects. Staff Rev. 7/18 CITY OF ,,. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com PROFESSIONAL SERVICES AGREEMENT FOR FEDERAL WAY COMMUNITY CENTER LOCKER ROOM RENOVATIONS This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and INNOVA Architects, Inc., a Washington corporation" ("Architect & Engineering Firm" or "A/E Firm"). The City and A/E Firm (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: INNOVA ARCHITECTS INC.: Paul McCormick 950 Pacific Ave, Suite 450 Tacoma, WA 98402 253-380-1932 (telephone) paul(ainnovaarchitects.com The Parties agree as follows: CITY OF FEDERAL WAY: Autumn Gressett 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-6914 autumn. gessett@cityoffederalway. com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2025 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The A/E Firm shall perform the services more specifically described in Exhibit B ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The A/E Firm 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 obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve A/E Firm of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the A/E Firm fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the A/E Firm ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the A/E Firm an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit C, attached hereto and incorporated by this reference. The A/E Firm agrees that any hourly or flat rate charged by it for its services contracted for PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 'S CITY OF Ak Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederatway. com herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit C, the A/E Firm shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of Pa ent. On a monthly basis, the A/E Firm shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The A/E Firm shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the A/E Firm will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 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. 5. INDEMNIFICATION. 5.1 A/E Firm Indemnification. The A/E Firm agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from the negligent acts, errors or omissions of the A/E Firm in performance of this Agreement, except for that portion of the claims caused by the City's negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the A/E Firm and the City, the A/E Firm's liability, including the duty and cost to defend, hereunder shall be only to the extent of the A/E Firm's negligence. A/E Firm shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the A/E Firm pursuant to this paragraph. The City's inspection or acceptance of any of A/E Firm's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the A/E Firm waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this, indemnification. A/E Firm'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. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the A/E Firm, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fera Way 33325 8th Avenue South Federal Way, WA 98003-6325 4S (253) 835-7000 wwwca-1, l,demlwaycom litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of the City. 5.4 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. 6. INSURANCE. The A/E Firm agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the A/E Firm, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The A/E Firm agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability, insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the A/E Firm. 6.2. No Limit of Liability. A/E Finn's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the A/E Firm to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The A/E Firm's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the A/E Finn's insurance and shall not contribute with A/E Firm's insurance. 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, A/E Firm shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit D and incorporated by this reference. At the City's request, A/E Firm shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If A/E Finn's insurance policies are "claims made' ' A/E Firm shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by A/E Firm in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the A/E Firm may be grounds for immediate termination. All records submitted by the City to the A/E .Firm will be safeguarded by the A/E Firm. The A/E Firm will fully cooperate with the City in identifying, assembling, and PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Way Feder Avenue South Federall Way, WA 98003-6325 (253) 835-7000 wivw cityoffederahvay cam providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced -or modified by A/E Firm while performing the Services shall belong to the City upon delivery. The A/E Firm shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of A/E Firm shall be delivered to the City. 9. BOOKS AND RECORDS. The A/E Firm agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, 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. 10. INDEPENDENT CONTRACTOR. The Parties intend that the A/E Firm shall be an independent contractor and that the A/E Firm has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay A/E Firm sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. A/E Firm shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at A/E Firm's own risk, and A/E Firm shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The A/E Firm shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the A/E Firm, shall not be deemed to convert this Agreement to an employment contract. If the A/E Firm is a sole proprietorship or if this Agreement is with an individual, the A/E Firm agrees to notify the City and complete any required form if the A/E Firm retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the A/E Firm's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that A/E Firm may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with A/E Firm's ability to perform the Services. A/E Firm agrees to resolve any such conflicts of interest in favor of the City. A/E Firm confirms that A/E Firm does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the A/E Firm's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the A/E Firm's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by A/E Firm or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, 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 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vmw cvtyoffederalway com 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. A/E Firm shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Inte retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the A/E Firm nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in fall force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Com liance with Laws. The A/E Firm shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter. amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in 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 A/E Firm's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 4S CITY OF AN Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoil-ederalway com effect. 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. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are aninconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and A/E Firm represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www clfyotfederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney INNOVA ARCHITECTS INC.: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of INNOVA Architects. Inc. that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 20 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF owa,,Federal Way EXHIBIT A DEFINITIONS CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wim ciryoffederalway com For the purposes of this Agreement, terms are defined in the Agreement and in this section, and may be defined in the Specifications or Drawings. Terms used in a defined sense normally are capitalized; terms used in a general or undefined sense normally are not capitalized. Unless the context clearly requires otherwise, or the term is expressly defined otherwise for a particular purpose, the following definitions apply throughout this Agreement. A/E Firm's Representative - An individual authorized in writing by the A/E Firm to represent the A/E Firm with respect to this Agreement. A/E Firm's Documents —All documents relating to the Project, created by A/E Firm in the performance of the Work in accordance with Exhibit B of the Agreement. Agreement - The Professional Services Agreement for Federal Way Community Center Locker Room Renovations Project signed by the parties and incorporating other documents. Agreement Documents — All documents, including exhibits and attachments, that make up this Agreement, and required submittals from the A/E Firm, including but not limited to the Agreement; the Scope of Work; Preliminary Engineering; Design Plans; bonds; these General Conditions; wage rates; written consents to proceed to a subsequent subphase, and the Notice to Proceed. Architect and Engineering Firm "A/E Firm" — INNOVA Architects, Inc. Business Day — Every official work day of the week that the City is open for business. These are the days between and including Monday through Friday, and does not include public holidays and weekends. Construction Documents — Documents necessary to complete construction, including but not limited to, the Drawings and Specifications prepared by the A/E Firm. Agreement Time - The number of days between the Work Start Date established by the Notice to Proceed and the date by which Substantial Completion of all Work must be achieved under this Agreement. Cost of the Work - Costs necessarily incurred by the A/E Firm in the performance of the Work in accordance -xrith Exhibit C of the Agreement. Defective - (1) Unsatisfactory, faulty, or deficient, (2) not conforming to this Agreement, or (3) not meeting the requirements of any inspection, test, or approval required by this Agreement or federal, state, or local Law. Design Development - The design phase described in the Agreement. Draft Design Plans — Documents created for internal review, including but not limited to, the Drawings and Specifications prepared by the A/E Firm PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal WayFeder l Avenue South Federal Way, WA 98003-6325 (253) $35-7000 Vwwv crtyollederalway com Design Plans - Documents necessary to complete permit submittal, including but not limited to, the Drawings and Specifications prepared by the A/E Firm. Design Services — The services provided by the A/E Firm or Lead Designer in the Pre -Construction Design Phase of the Project, described in Exhibit B of the Agreement. Desi'gn - To perform architectural or engineering, or both, design professional services, including but not limited to planning, designing, observing, consulting, evaluating and other related services, for the construction of the Work. Designer - A person or entity providing design services for the A/E Firm for all or a portion of the Work that is licensed to practice architecture or engineering in the State of Washington. The Designer is referred to throughout the Agreement Documents as if singular in number, although there may be more than one Designer providing design services for the A/E Firm. Drawings - The graphic representations which show the character and scope of the Work to be performed, which have been prepared by A/E Firm and approved by the City in accordance with the Agreement. Final Acceptance - The City's written acknowledgment that the Work has been fully completed and all Agreement -required documentation has been received and accepted. Prelimin En ' eerie - The documents created in the first phase of Design Services and prior to preparation of the Design Plans or RFP Documents as described in the Agreement. Product Data - Pictures, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the A/E Firm to illustrate a material, product, or system for some portion of the Work. Rock Project Man a ement (RPM) — City's retained Project Management Team Samples - Physical examples of material, equipment, or workmanship which demonstrate and establish standards by which the Work will be judged. Scope of Work / Services - The program for the Project set forth in Exhibit B, which includes initial information about the Project. These documents shall be evaluated and refined by the A/E Firm to develop the Preliminary Engineering. Shop Drawings - Diagrams, drawings, illustrations, instructions, and other data submitted by the A/E Firm to illustrate some portion of the Work. Shop Drawings are not Design -Build Documents. Specifications - Those written technical descriptions of materials, equipment, systems, standards, and workmanship prepared by the A/E Firm and approved by the City in accordance with the Agreement. Subcontractor - An individual or firm having a direct or indirect contract with the A/E Firm or with any other Subcontractor at any tier for the performance of a part of the Work, including but not limited to the Designer. Work - The design services, supervision, labor, material, equipment, and Services required by this Agreement. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 ciTv OF Federal Way CITY HALL 33325 8th Avenue South Federal Way WA 98003-6325 (253) 835-7000 www_cityotiederahvay corn Work Start Date - The day stated in the Notice to Proceed when the Agreement Time will begin to run in accordance with this Agreement. PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 CITY OF CITY HALL Federal Way 8th Avenue South 4S Feder Federal Way, WA 98003-6325 (253) $35-7000 vwwvcf[yoflederAr"fay. com EXHIBIT B SERVICES The A/E Firm shall provide the City, on the terms set forth in the RFSOQ and detailed below, all of the architectural, design, and/or engineering services necessary to complete the Locker Room Renovation Project (Project). The A/E Services shall include those described in this Exhibit B, and include all structural, mechanical, and electrical engineering services and any other services necessary to produce a reasonably complete and accurate set of "Design Plans" as provided below. As also detailed below in this Exhibit B, the A/E Firm will assist with the completion of the construction phase through full Project closeout by attending regular meetings with the City, RPM, and Construction Contractor, and providing guidance, clarification, and answering questions relating to the Design Plans. 1. INTENT 1.1. It is the intent of this Agreement to describe the Work A/E Firm will provide the City. Any design services, supervision, labor, material, equipment, or service that may be reasonably inferred from this Agreement as being required to produce the intended result shall be supplied whether or not it is expressly specified. 1.2. Clarifications and interpretations of this Agreement will be issued by the City. They will be consistent with or reasonably inferable from the overall scope of this Agreement. 1.3. References to standard specifications, manuals, or codes of any technical society, organization, or association, or to the codes of any governmental authorities, shall mean the latest version or edition in effect on the effective date of this Agreement. The parties hereby agree that any amendments, changes, or updates to the above referenced standard specifications, manuals, or codes of any technical society, organization, or association, or to the codes of any governmental authorities shall be automatically applicable to the terms of this agreement and the scope of services. 2. PERSONNEL. The following persons will serve in the following roles for the A/E Firm: 2.1. A/E Services Project Principal, INNOVA Architects, Paul McCormick 2.2. A/E Services Project Manager/Lead Architect, INNOVA Architects, Scott Saladis, RA 2.3. A/E Services Structural Engineer, INNOVA Architects, Steven G. Hall, PE Unless they leave the employment of the A/E Firm, the above -named persons must serve in these positions throughout the duration of the A/E Firm's performance of the Agreement except as approved otherwise in writing in advance by the City. Persons named to replace those set out above must be approved in writing in advance by the City, and shall shadow the person they are replacing at no cost to the City for at least two - weeks prior to stepping into the role. The City's approval as required by this subsection will not be unreasonably withheld. 3. SUBCONTRACTORS. The following person or entity will serve as subcontractors for the A/E Firm: 3.1. A/E Services Mechanical Designer: GDM Engineers, Jesse Barksdale 3.2. A/E Services Electrical Designer: Cross Engineers, Brice Anderson 3.3. A/E Services Hazardous Building Materials Management: Med-Tox NW PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL South Federal Way Feder l Avenue 8003 Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 3.3.a. Anthony Fullerton 3.3.b. Jon Havelock, CSP, CHMM 3.4. A/E Services Interior Designer: Interior Design by Helene Dorsham 4. REASONABLE OBJECTION. The A/E Firm may. not employ personnel, or contract with Subcontractors or suppliers, to whom the City has made reasonable and timely objection. The A/E Firm will not be required to contract with anyone to whom the A/E Firm has made reasonable and timely objection. If the A/E Firm changes any of the Subcontractors identified above, the A/E Firm must notify the City and provide the qualifications of the new Subcontractor(s). The City may reply within 14 days to the A/E Firm in writing, stating (1) whether the City has reasonable objection to the proposed Subcontractor or (2) that the City requires additional time to review. Failure of the City to reply within the 14-day period constitutes notice of no reasonable objection. If the City has reasonable objection to a person or entity proposed by the A/E Firm, the A/E Firm must propose another to whom the City has no reasonable objection. If the rejected person or entity was reasonably capable of performing the Work, the Price and/or Agreement Time will be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Amendment shall be issued before commencement of the substitute person or entity's Work. However, no increase in the Price or Agreement Time will be allowed for such change unless the A/E Firm has acted promptly and responsively in submitting names as required. Except for those persons or entities already identified, the A/E Firm, as soon as practicable after the execution of this Agreement, must furnish in writing to the City the names of persons or entities (including those who are to furnish materials or equipment) proposed for each principal portion of the Work. The City may reply within 14 days to the A/E Firm in writing, stating (1) whether the City has reasonable objection to the proposed Subcontractor or (2) that the City requires additional time to review. Failure of the City to reply within the 14-day period constitutes notice of no reasonable objection. 5. COMMUNICATION 5.1. A/E Firm shall attend all bi-weekly meetings between the A/E Firm, its consultants, the City's representative(s), other consultants of the City, and Construction Contractor throughout the Project. 5.2. A/E Firm shall make presentations to the City's staff or the City Council upon request, and shall attend City Council Meetings when required by the City. 5.3. Before the A/E Firm begins performance of the Work, one or more meetings as requested by the City `v`Jiil be held to estaviL 11 a working understanding aniong i3e parties. Pf0UUUUfes Will De established for virtual and in -person meetings, operations coordination and administrative communication for matters such as design reviews, submittals, clarifications and interpretations; and for processing applications for payment. The Parties understand that this communication system may change after a Construction Contractor is selected. 5.4. At the first meeting, the A/E Firm must submit to the City for review a Design Services progress schedule and preliminary construction schedule. After execution of an Amendment, if any, A/E Firm must submit an updated design schedule and preliminary construction schedule. 5.5. Unless specified otherwise, the progress schedules must indicate the A/E Firm's planned progress in increments of not more than seven-day periods. The schedule will not exceed the time limits set forth in PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of CITY HALL Fe d a ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 m mcrtyot%deealway.com the RFSOQ and RPM Master Schedule, Exhibit E, and will be subject to review and comment by the City and the schedule and any subsequent updates to it must be approved in writing by the City. The A/E Firm must prepare and submit revisions to match actual and projected progress as requested by the City, before and during the course of the Project, at no added cost to the City. The A/E Firm must adhere to the most recent, City -approved version of the schedule. 6. SUBMITTALS 6.1. Design Plans, Shop Drawings, and other submittals must be prepared by a licensed professional. Design Plans, Shop Drawings, and other submittals related to the Work designed or certified by such professionals must bear such design professional's stamp and signature. The City is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals. 6.2. The A/E Firm must direct specific attention, in writing or on resubmitted Design Plans or other submittals such as Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the City on previous submittals. In the absence of such written notice, the City's approval of a resubmission will not apply to such revisions. 6.3. The A/E Firm shall ensure that all Design Plans for this project shall be prepared in accordance with the applicable Standard Specifications for Road. Bride and Municipal Constructiom 2023 edition as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association APWA . Washin on State Chapter hereafter "Standard Specifications"'). and the Washington State Building Code, and Title 13 of the Federal Way Revised Code as they will be in effect at the time permits are issued and construction begins, and all other legal and regulatory requirements pursuant to Section 13.3 of the Agreement, above. 7. PRELIMINARY ENGINEERING 7.1. The Preliminary Engineering phase may include review and validation of previous engineering, documents, concept development, alternatives analysis, and site reconnaissance to support preliminary engineering efforts as defined in the A/E Pricing Sheet. Preliminary Engineering may also include initiation of research, studies, and alternatives analysis deemed necessary to support concept design, as well as preparation of a proposed price and schedule. 7.2. The A/E Firm may, with advanced written approval from the City, perform limited demolition of walls and/or ceilings to determine existing conditions of the structure and equipment and to assess potential deficiencies. 7.3. During bi-weekly meetings the A/E Firm shall discuss and review the Scope of Work and provide any and all preliminary engineering updates for the Project, as determined by the A/E Firm, in consultation with the City and RPM, to be necessary to complete preliminary engineering for the Project. The A/E Firm shall not complete any technical analysis or evaluation without written approval from the City unless such analysis or evaluation is specifically authorized in the Scope of Work. 7.4. The A/E Firm shall be responsible for the professional quality and technical accuracy of all studies, report, projections, designs, drawings, specifications, and other services furnished by the A/E Firm under this Agreement as well as coordination with studies, reports and other information provided by the City. A/E Firm shall, without additional compensation, correct or revise any errors or omissions in its studies, reports, projections, design, drawings, specifications and other services throughout the Project. 7.5. Preliminary Engineering shall result in a written report, provided no later than 45 calendar days after the PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 �Fecieral Way 4S CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 avwpv ciiyoffederalway com City issues the Notice to Proceed, of the A/E Firm's findings and conclusions with the recommendations for correcting deficiencies for City review. 8. DESIGN PLAN DEVELOPMENT 8.1. The A/E Firm shall prepare and submit to the City for the City's written approval Design Plans no later than April 1, 2024, sufficient to construct the Project according to industry standards and applicable laws and regulations, including but not limited to Drawings and Specifications. Deviations, if any, from the Preliminary Engineering or any other materials previously provided must be disclosed in writing and are subject to the approval of City. 8.2. The A/E Firm shall work with RPM to assist the City in determining the phasing of the Project that will most efficiently and timely complete the Project, while maximizing continued access to patrons of the FWCC. This includes phasing the Project's construction and the inspection approval process so Incremental Approvals can be obtained during the completion of the Project. A/E Firm acknowledges that these phases may be reviewed and subject to change by RPM, in consultation with and with approval by the City. A/E Firm agrees to participate in any discussions regarding the phasing of the Project with RPM, the Construction Contractor and City to provide its subject matter expertise and guidance. 8.3. The A/E Firm shall provide interior design and other similar services required for or in connection with selection and color coordination of materials; interior design should harmonize with the existing color scheme throughout the building. A/E Firm shall present colors/materials for City approval at each documentation review as outlined in Section 8.4. A/E Firm is required to coordinate the design and placement, or schematic space allocation, of furniture, fixtures, equipment, including but not limited to mounted lockers, benches, vanities, sink faucets, shower mixing valves, shower fixtures, mirrors, swim suit dryers, mounted bathroom partitions, mounted shower partitions, and toilets (Project equipment). The A/E Firm will provide the City with a list of the specific Project equipment it recommends the City purchase and obtain for the Project and shall advise the City on lead times and availability of all Project equipment, materials, supplies, and furnishings to ensure that all of these will be available to the City in a timely fashion so as to not delay the Project and/or delay the City's beneficial occupancy of the Project. 8.4. Development and review of the Design Plans including drawings, specifications and any required supplementals includes, at minimum, the following items: 8.4.a. 30%, Schematic Design level documentation to include drawings, draft specifications and cost estimate. Concept design at 30% is intended for review by the City and RPM to confirm design meets intent of the Project. 8.4.b. 85%, Design Development level documentation to include drawings, select interior renderings, specifications and a revised cost estillIate, with comnierlts froiil 30° u dz31611 ieVei incorporated into the design. Design at 85% is intended for review by the City and RPM prior to presentation to City Council for approval. Pending City Council approval, the 85% design submission will also serve as the final documentation for Permit submission. 8.4.c. 100% design; Pre -Construction Document level documentation to include drawings, select interior renderings, specifications and a final cost estimate, with comments form 85% design level incorporated in the design. 100% Design Plans will serve at the final documentation for Permit submission. Comments received during permit review will be addressed and this final package will serve as Bid Documents for the Project. 8.4.d. The A/E Firm will assist the City and RPM with development of the Project Manual and Request PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra # Way Feder l Avenue South 8003 Federal Way, WA 98003-6325 (253) 835-7000 www cityofiederalway coin for Bid Documents to advertise the Project for bid. 8.4.e. An updated schedule, including proposed design milestones; dates for receiving additional information from, or for work to be completed by, the City; anticipated date for the A/E Firm's Permitting Submittal; and dates of periodic design review sessions with the City. 8.41 Outline specifications or sufficient drawing notes describing construction materials. 8.4.g. Comprehensive written estimate of the cost to design and construct the Project based upon the current Design Development documents. Such written estimates must be submitted with the respective Design Development documents. 8.4.h. Design plans will be developed using AutoCAD 3D renderings to complete visuals for Public facing documentation and marketing, as well as 2D plans for Design Plans. 100% plan submittals will be in electronic and hardcopy format. 8.4.i. The Design Plans must establish the quality levels of materials required. The Design Plans must be consistent with the A/E Firms Documents, including but not limited to the Scope of Work, and Preliminary Engineering, unless otherwise disclosed in writing, and must include all items necessary for the proper execution and completion of the Work. 8.4.j. The A/E Firm shall submit completed draft Design Plans to the City for the City's review and approval. If the City discovers any deviations between, the draft Design Plans and the A/E Firms Documents not previously disclosed by A/E Firm, the City will promptly notify the A/E Firm of such deviations in writing. Unless the City�issues a directive specifically identifying the particular deviation and City's agreement with such deviation, the A/E Firm must correct the deviation and resubmit the draft final Design Plans. Acceptance of the Design Documents will not constitute the City's acceptance of a deviation unless the deviation is specifically identified by the A/E Firm. 8.41. Before completion of the draft Design Plans for the Project, the City, RPM, A/E Firm and its Designer will perform an internal review of the draft Design Plans, the A/E Firm's schedule and any critical issues relating to scope, quality, or budget. In addition to delivering to City copies of the Design Plans for the Project, including but not limited to Drawings and Specifications, A/E Firm and its Designer will make reasonable efforts to demonstrate to the City the scope and quality aspects of the design. 8.4.1. At the completion of the City's, RPM's, A/E Firm's, and its Designer's Design Plans review, the City will provide the results of its review of the Design Plans, including any revisions thereto made during the internal review. 8.4.m. Review or approval by City or its agents of Design Plans shall not relieve A/E Firm to the extent of its liability for any damages resulting from or arising out of professional errors or omissions in the Design Plans, except where City expressly directs such defective or deficient design and A/E Firm delivers to City its written objection thereto. Upon the City's written approval of Design Plans, the A/E Firm, with the assistance of the City, shall prepare and file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 8.4.n. If required by City, the A/E Firm shall obtain from each of the A/E Firm's professionals and furnish to the City certifications with respect to the documents and services provided by such professionals (a) that, to the best of their knowledge, information and belief, the documents or services to which such certifications relate (i) are consistent with the Scope of Work set forth in the Design -Bid -Build Documents, except to the extent specifically identified in such certificate, (ii) comply with applicable professional practice standards, and (iii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Design Project in effect at the time of the applicable permit; and (b) that the City and its consultants are entitled to rely upon the accuracy of the representations and statements contained in such certifications. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL I 33325 8th Avenue South FederaJay Federal Way, WA 98003-6325 (253) 835-7000 wwwWyoffederalway. com 9. PERMITS 9.1. Unless otherwise provided in this exhibit, the A/E Firm shall assist the City in applying for and securing for any and all permits, fees, licenses, inspections, and agreements by governmental agencies or other entities, necessary for proper execution of the Work and Substantial Completion of the Project, including but not limited to mechanical, plumbing, electrical, and similar special permits, plan check fees, system development charges, and all other necessary permits, approvals, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 9.2. The A/E Firm shall secure preliminary agency approvals and notify the City in writing as to the action the City must take to secure formal approvals. 9.3. After City review, the A/E Firm shall submit to federal, state, and local units of government all calculations and other documentation required for obtaining permits. During review by units of government or other entities, the A/E Firm shall notify the City of proposed deviations from the original permit documentation. 9.4. The A/E Firm shall submit to the City, for review, all calculations and other documentation required for purposes of obtaining permits. 9.5. The City shall pay costs and charges imposed for any and all permits issued for the Project. 9.6. The A/E Firm shall give all notices necessary for permit -related inspections by third parties. 9.7. The A/E Firm shall submit to the City a legible copy of agreements, permits, certificates of approval, and certificates of occupancy issued by the responsible unit of government. 10. BID SUPPORT 10.1. A/E Firm shall assist the City and RPM in preparing all the necessary bidding information and bidding forms required for the City to perform a public call for bids for the Project. 10.2. A/E Firm will work with City and RPM in reviewing RFI's and preparing responses to prospective bidders and providing clarifications and interpretations of RFB Documents to prospective bidders in the form of addenda for the City's use. 10.3. The A/E Firm shall prepare and sign all written Addendums to incorporate any necessary changes into the City's approved RFB Documents prior to the award of the Project. The A/E Firm shall work with RPM in distributing all Addendums to each bidder that has obtained a set of the City's approved RFB Documents. During the bidding period of the Project, A/E Firm shall process all questions presented to the City concerning the intent of the RFB Documents. In the event that items requiring interpretation of the Drawings or Specifications are discovered during the bidding period, those items shall be analyzed by the A/E Firm for decision by the City as to the proper procedure required. Corrective action will be in the form of an Addendum(a) prepared by the A/E Firm and issued by the City. T he cv�E F dill Sliaii crinure that all Adderldiiiiis are sublilitted to ai3d approved by file City Prior to certification of the Project. 10.4. A/E Firm shall attend pre -bid conference for all prospective bidders 10.5. A/E Firm shall attend bid opening at the City's request. 10.6. Upon completion of the Bidding & Award Phase, A/E Firm shall produce a Conforming Set of PDF plans and specifications incorporating all Addenda issued thus far. In addition to the PDF versions, A/E Firm shall provide one (1) electronic set of plans in the latest version of AutoCAD and one (1) electronic copy of the conforming specifications in Microsoft Word. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL �� 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 wwwWyoffederalway. corn 11. CONSTRUCTION PHASE 11.1. The A/E Firm shall provide technical review and advisement to RPM and Project Inspector employed by, and responsible to, the City, as required by applicable law. 11.2. The A/E Firm shall meet with the City and any other necessary individuals or entities as needed through the completion of the Project to review questions and/or ensure progress, quality, and adherence to Design Plans. 11.3. The A/E Firm shall review the as -built documents prepared by the Construction Contractor on a monthly basis and report whether they appear to be up to date, based upon the A/E Firms observations of the Project. If it appears the as -built documents are not being kept up to date by the Construction Contractor, the A/E Firm shall provide to the City written recommendations that the City may consider for a withholding from the Construction Contractor's monthly payment application or other appropriate action to account for the Construction Contractor's failure to maintain such as -built documents. 11.4. The A/E Firm shall provide general administration of the Design Plans and visit the Project site to maintain such personal contact with the Project as is necessary for the A/E Firm to ensure that the Construction Contractor's work is completed, in every material respect, in compliance with the approved Design Plans, including but not limited to, the following: 11.4.a. Visiting the Project site not less than once a month or as necessary or requested by the City to appropriately observe work being completed to determine whether it does or does not comply with the approved Design Plans; 11.4.b. Reviewing the Inspector's Daily Reports not less once a week or as necessary to appropriately observe work being completed to determine whether it does or does not comply with the approved Design Plans; 11.4.c. Becoming familiar with, and to keep RPM informed about, the progress and quality of the portion(s) of the work completed; 11.4.d. Becoming familiar with, and to keep RPM and Project Inspector informed about, the progress and quality of the portion(s) of the work completed; 11.4.e. Endeavoring to guard against nonconforming work and deficiencies in the work; 11.4.f. Determining if the work is being performed in a manner indicating that the work, when fully completed, will be in accordance with the approved Design Plans; 11.4.g. Being otherwise available to the City, RPM, Construction Contractor, and the Project Inspector for site meetings on an "as -needed" basis; 11.41. Reviewing schedules and Shop Drawings for compliance with design; 11.4.i. Approving any substitution of materials and equipment subject to City's knowledge and specific approval to ensure conformance with City standards; 11.4.j. Consulting with RPM to complete the "Punch List" observations when the Project reaches Substantial Completion; and 11.41. Recommending the date of Substantial Completion and the Date of Final completion of the Project for the City's final determination. 11.5. The A/E Firm shall advise the City of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the Project. 12. ACCESS TO RECORDS — FILES; CONFIDENTIAL INFORMATION. 12.1. A/E Firm shall maintain all books, documents, papers and records relating to the Agreement, including job cost estimates, job cost detail reports, and job cost summary reports, for at least ten (10) PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL �.- Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyofederahvay. com years following Substantial Completion of the Design Project. A/E Firm shall maintain any other records pertinent to this Agreement in such a manner as to clearly document A/E Firm's performance. City, state, and federal government, and their duly authorized representatives, shall have access to the books, documents, papers, and records of the A/E Firm which are directly pertinent to the specific Agreement for the purpose of making audits, examinations, excerpts, and transcripts. A/E Firm agrees that all files or other documents generated or in the possession of A/E Firm related to A/E Finn's delivery of service are the property of the City and shall be available to the City upon request. A/E Firm understands the nature of project/projects means that A/E Firm may be privy to information that is confidential, proprietary, or sensitive in nature, which information shall not be disclosed to any third person or entity without the consent of the City at the City's direction, either during the term of this Agreement or after its termination. Likewise, any analysis or commentary provided by A/E Firm of a confidential or sensitive nature shall not be released or disclosed to any person without the consent or direction of the City. Additionally, the City and A&E Firm acknowledge that any and all information, documentation, or other records, regardless of form, relating to this Agreement and the Design Project may be public records subject to disclosure under the Washington State Public Records Act, Ch. 42.56 RCW. 12.2. The A/E Firm shall require all insurers, material suppliers, and Subcontractors (including but not limited to Designers) at any tier to comply with these requirements. 12.3. The A/E Firm shall be entitled to no extra compensation for complying with these requirements. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 clzr OF CITY HALL Fe d e ra 11!Ilay Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwd"ffaderalway com EXHIBIT C COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the A/E Firm an amount not to exceed Two Hundred Thirty -Two Thousand Three Hundred Sixty -Five and 00/100 Dollars ($232,365.00). 2. Method of Compensation: Hourly rate In consideration of the A/E Firm performing the Services, the City agrees to pay the A/E Firm an amount calculated on the basis of the hourly labor charge rate schedule for A/E Firm's personnel as shown below: INNOVA Principal $246/per hour INNOVA Senior Project Architect $178/per hour INNOVA Project Engineer -Structural $184/per hour Engineer 1 (PE) - Electrical $160/per hour Interior Designer $178/per hour Electrical Designer 1 $102/per hour Drafter — Electrical & Architectural $80/per hour Clerical $65/per hour Mechanical Project Manager $165/per hour Mechanical Engineer $150/per hour Mechanical Designer $110/per hour Mechanical Administrative $75/per hour Haz-Mat CSP, CHMM $150/per hour Haz-Mat AHERA Building Inspector $105/per hour Haz-Mat Administration $95/per hour ProDims — Senior Estimator $234/per hour PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal �� Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederah-vay com Following is the anticipated number of hours for each personnel member as provided by the A/E Firm: Task Description - C o U= G7 cc IaA 0 �+ 0 W LY C OD 0 0 C = � V •a � �r vl W H V A ` L C •C 00 m Q N C •� N •m .0 C V V us V ° o t ° V m V 2 a •c e o ar of c' I- W I- M Cr �L a` �`n a a` CLU L N p r Z Z Z Z = Z 2 Z Z tD N 00 ani 00 T-4 � 11 tD o V► ry V} O 00 ,n W � W V► a Ln V} o 14 A^ �n r, V� u1 .� V3 0 a V? Ln Ql V? l�Y}� N VF V! V) I V► V1 I i I Task 1 Site Visits Total 2 60 0 40 4 24 0 0 12 12 4 0 24 6 4 0 192 Review As-Builts 4 4 6 14 Meetings/Coordination (5) 12 4 1 10 26 (2) Site Visits to Review Existing Conditions 12 12 8 4 12 4 52 Project management/coordination 2 16 1 4 1 4 26 Field investigation - asbestos 4 4 Field investigation - lead paint & universal waste 4 4 Field investigation - microbial and moisture intrusion 4 4 Field drawings and sample locations 2 2 Short Form letter Report of findings and recommendations 16 16 4 8 12 1 4 60 "2Desigr Total 6 270 24 2 10 50 221 21 63 62 84 3 16 0 10 98 940 30% design 2 1 1 4 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 ,A4!CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cayoffederalway. com Prepare Lighting Floor plans 4 2 6 Prepare Lighting Photometrics for DOH Review 2 2 Prepare Power Signal Floor plans 4 2 6 Prepare Existing Power Riser Diagram 1 5 3 8 Prepare Existing Panel Schedules 3 2 5 Prepare Mech Equip Connection Schedules 1 1 2 Prepare Electrical Demolition Plans 4 2 1 1 1 6 Prepare Division 26 Specifications 4 8 12 Cost Estimating 2 2 22 26 (1) Review meeting w/ owner 2 2 2 2 8 30% Drawings Mech/Arch 50 0 60 8 16 30 164 2 0 2 4 Review cost estimate Fire protection review 4 4 30% Abreviated Performance Specifications 16 16 Project management/coordination 2 24 Interior Design Color Selections 8 85% design 4 1 1 6 Circuit Lighting Floor plans & Controls 2 2 4 Circuit Power Signal Floor plans 2 2 4 Prepare Preliminary Load Calcualations 3 1 1 4 Circuit Mech Equip Connection Schedules 1 1 2 Edit/Update Division 26 Specifications 4 6 10 Cost Estimating 1 1 32 34 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF �� Federal way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Project management/coordination Asbestos specification section Lead in construction specification section Light ballasts and tubes specification section Microbial remediation specification section Abatement drawing 2 24 4 30 4 1 5 2 1 3 2 1 3 4 1 5 6 6 r(l) Review meeting w/ owner 1 2 2 4 85% Drawings Arch and Mech 50 60 8 16 30 164 85% Abreviated Performance Specifications 24 8 32 Permit forms 1 8 8 Permitting Coordination (City, DOH) Review cost estimate 2 2 Fire protection review 4 4 Interior color Board 3-D Renderings locker rooms and family cabana 12 12 24 40 100% design 4 1 1 6 Finalize Lighting Floor plans & Controls 2 1 3 Finalize Power Signal Floor plans 2 1 3 Finalize Load Calculations I 1 1 2 Finalize Division 26 Specifications 2 3 5 Cost Estimating 1 1 36 38 (1) Review meeting w/ owner 2 2 4 100% Drawings 30 40 8 16 24 118 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF �� Federal CITY HALL ■ � �� 33325 8th Avenue South ■Y■ Federal Way, WA 98003-6325 (253) 835-7000 www. ciryoffed"16vay.. com 100% Abreviated Performance Specifications 8 4 12 Review cost estimate 2 2 Fire protection review & specifications 4 4 Cost Estimating (Permits Issued) 8 8 Project Management and Coordination 2 16 18 Interior Design Colors Finalize 4 4 Permitting and CA 8 254 1 0 0 24 38 0 0 70 60 20 6 0 0 0 0 380 Permitting Allowance of time 48 24 24 96 Bid Support 2 8 10 Admin 2 6 6 14 General CA Support (4-6 months) 2 24 8 48 12 94 Respond to RFI's 24 4 28 Review Submittals and Shop Drawings 16 8 24 (2) Site Visits During Construction 16 16 16 48 By -Weekly Virtual Construction Meetings 12 10 4 12 38 (1) Punchlist site visit 4 4 1 8 (1) Backcheck site visit 4 4 8 As -built documents 4 8 8 20 Fire protection review 4 4 Council Meeting Attendance 6 6 12 Reimbursable Expenses The actual customary and incidental expenses incurred by A/E Firm in performing the Services including asbestos sample analysis, lead paint sample analysis, bioaerosol analysis, mileage reimbursement, and other. reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Two Thousand Six Hundred Ninety -Six and 00/100 Dollars ($2,696.00). Following is the anticipated reimbursables costs associated with this Agreement: PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF � . Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Asbestos sample analysis (Medtox) $576.00 Lead paint sample analysis (Medtox) $120.00 Bioaerosol sample analysis (Medtox) $650.00 Sampling equipment (Medtox) $150.00 Mileage Reimbursement $1,200.00 Permits Any and all permits shall be obtained and paid for consistent with paragraph 9.6 of Exhibit B. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY ❑F Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofiederalway. com EXHIBIT D PROJECT REFERENCE MAPS Project includes areas highlighted in blue: 0 0 � w 9 • �� AL _. ff r i....ww.r+ -. .. ..gyp. .. PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Way 33325 8thAvenue South Federal Way, WA 98003-6325 (253) 835-7000 www.. cityoffedefalway. com EXHIBIT E RPM MASTER SCHEDULE PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 D ID Task Task Name Oufetion Stain Ftnish Predecessors Mode 1 1 W* RPM PSA to Council 2 days Wed 8/2/23 Thu 8/3/23 2 2 Wa RPM - Issue NTP 0 days Thu 8/3/23 Thu 8/3/23 1 3 3 wa RPM - Project Management 419 days Fri 8/4/23 Tue 4/8/25 2 4 4 t:a City Council Updates 423 days Tue 9/12/23 Tue 5/20/25 5 5 Parks Cmte Update 1 day Tue 9/12/23 Tue 9/12/23 6 6 Al" City Council - Approval to Award Design Contract 1 day Tue 12/5/23 Tue 12/5/23 37 7 7 * City Council Update 1 day Tue 1/2/24 Tue 1/2/24 a 8 W4 City Council - Seek Approval 85% Design 1 day Thu 3/7/24 Thu 3/7/24 42 9 9 City Council - Seek Approval to Go to Ad 1 day Tue 3/19/24 Tue 3/19/24 10 ID City Council Update 1 day Tue 4/2/24 Tue 4/2/24 11 11 City Council Update 1. day Tue 5/7/24 Tue 5/7/24 12 12 City Council - Approval to Award Const Contract 1 day Tue 6/4/24 Tue 6/4/24 53 13 13 City Council Update 1 day Tue 7/9/24 Tue 7/9/24 14 14 City Council Update 1 day Tue 8/6/24 Tue 8/6/24 15 15 City Council Update 1 day Tue 9/3/24 Tue 9/3/24 16 16 )r City Council Update 1 day Tue 10/1/24 Tue 10/1/24 17 17 City Council Update 1 day Tue 11/5/24 Tue 11/5/24 is 18 City Council Update 1 day Tue 12/3/24 Tue 12/3/24 19 19 7r City Council Update 1 day Tue 1/14/25 Tue 1/14/25 20 20 City Council Update 1 day Tue 2/4/25 Tue 2/4/25 21 21 City Council Update 1 day Tue 3/4/25 Tue 3/4/25 22 22 City Council Update 1 day Tue 4/1/25 Tue 4/1/25 23 23 wa City Council - Project Acceptance 1 day Tue 5/20/25 Tue 5/20/25 63 24 24 w. Pre -Design Phase 81 days Fri 8/4/23 Thu 11/30/23 2 33 33 W4 Develop RFQ- Design Team 72 days Fri 8/4/23 Wed 11/15/23 34 34 w; Develop RFC. 21 days Fri 8/4/23 Fri 9/1/23 2 35 35 W. RFQ to City Staff/Legal Review/Notify Local Paper 13 days Tue 9/5/23 Thu 9/21/23 34 36 36 W, RFQ- Advertisement Period 19 days Fri 9/22/23 Wed 10/18/23 35 37 37 04 SOQ Evaluations/Recommend Design 19 days Thu 10/19/23 Wed 11/15/23 36 _ Team/Negotiate Contract 30 3B w, Design Phase 140 days Wed 12/6/23 Tue 6/25/24 39 39 W; Design Consultant - Issue NTP 4 days Wed 12/6/23 Mon 12/11/23 6 40 40 tam 30% Design Development 39 days Tue 12/12/23 Tue 2/6/24 39 41 41 w, 30% Design Review/Comment - FW Staff S days Wed 2/7/24 Tue 2/13/24 40 42 A2 tam 85% Design Development 15 days Wed 2/14/24 Wed 3/6/24 41 43 43 wi 85% Design Review/Comment - FW Staff 5 days Thu 3/7/24 Wed 3/13/24 42 - 44 w. 100% Design Development 15 days Thu 3/14/24 Wed 413/24 43 3rd Quarter An Quarter 1st Qwvw tnd Quarter i3rd ipuartaf �dlh Quarter 1st Quarter 2ndOwner 3rd❑ Jul __,Aug Sep Ott Nov. Dec !#n Fei' M+riwAr!M?yihm! Jul AM9i,5ep 9c1. Nw:Oe�c Ion -Feb Mar Apr MW M bl 1 1 1 1 1 E Task Project Summary Manual Task I -�I Start -only C Deadline i Project: FWCC Renovation - Ma Split ........••..... .. Inactive Task Duration -only Finish -only ] Progress Date: Tue 11/28/23 1Milestone ! Inactive Milestone Manual Summary Rollup External Tasks �_ _ r. .— -_7"7 Manual Progress Summary ii Inactive Summary Manual Summary ii External Milestone Page 1 D ID 'rask Made 45 45 W, 46 46 04 47 47 OP, 48 48 lra 49 49 1% so 50 W, 51 51 W, 52 52 Wi 53 53 W. 54 54 Wa 55 55 W4 56 56 Wa 57 57 -; 58 58 ory 59 59 !4 60 60 W+ 61 61 R, 62 62 W; 63 63 =a 64 64 !P4 Task Name 100% Design Review/Comment - FW Staff/Legal Permitting Submit Permit Applications City Staff Review - Permit Applications Permits Issued Procurement Phase Develop RFB RFB - Notify Local Paper RFB - Advertisement Period Review Bids/Perform Due Diligence Construction Phase Contractor - NTP Mobilization/Prepare Submittals Construction Phase 1- Women's Restroom Construction Phase 2 - Men's Restroom Construction Phase 3 - Cabanas Substantial Completion Complete Punchlist Final Completion - Issue C of 0 - Closeout Di:!a!inn srdn F;n i=-1, wnlrCesson 5 days Thu 4/4/24 Wed 4/10/24 44 77 days Thu 3/7/24 Tue 6/25/24 1 day Thu 3/7/24 Thu 3/7/24 42 76 days Fri3/8/24 Tue 6/25/24 47 0 days Tue 6/25/24 Tue 6/25/24 48 84 days Thu 3/14/24 Fri7/12/24 20 days Thu 3/14/24 Wed 4/10/24 44SS 5 days Thu 4/11/24 Wed 4/17/24 51,45 34 days Thu 4/18/24 Wed 6/5/24 52 25 days Thu 6/6/24 Fri7/12/24 53 213 days Mon 7/15/24 Mon 5/19/25 1 day Mon 7/15/24 Mon 7/15/24 49,12,54 40 days Tue 7/16/24 Tue 9/10/24 56 50 days Wed 9/11/24 Wed 11/20/24 57 50 days Thu 11/21/24 Wed 2/5/25 58 50 days Thu 2/6/25 Thu 4/17/25 59 0 days Thu 4/17/25 Thu 4/17/25 60 22 days Fri 4/18/25 Mon 5/19/25 61 0 days Mon 5/19/25 Mon 5/19/25 62 25 days Wed 5/21/25 Wed 6/25/25 23 3rd Quarter 14th Quortar , 1st.44 trrl nup I.SeP; ou. i.Alw!:pwc Jra_I mar 3rd r JZ wRff '1st quamM 2nd.gwrtaf 3rd4 [mayI Nu .Ntl I arg i 5ep Qct. II l+w: oec l Jan, . Fab lylnr .npr MeX lun. lw. �r T T T 41 5/19 r Task -. _ 1F" Project Summary y'""-------- J Manual Task 1 Start -only C Deadline 4 Project: FWCC Renovation - Ma Split Inactive Task Duration -only — — Finish -only ] Progress Date: Tue 11/28/23 Milestone ♦ Inactive Milestone Manual Summary Rollup External Tasks 7.7. Manual Progress Summary i1 Inactive Summary rManual Summary r""i External Milestone A. Page 2 clry of CITY HALL Fe d e ra I Wa y 33325 8th Avenue South Federal Way, WA 96003-6325 (253) 835-7000 www ahloffecleralway com EXHIBIT F CERTIFICATE OF INSURANCE PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way EXHIBIT G SPECIAL PROVISIONS INTRODUCTION TO THE SPECIAL PROVISIONS CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 535-7000 www cityoffederalway com (December 10, 2020 APWA GSP) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2023 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications"). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSP9) from various sources, which may have project -specific fill-ins; and project -specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The project -specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example: (March 8, 2013 APWA GSP) (April], 2013 WSDOT GSP) (April 12, 2018 CFW GSP) Also incorporated into the Contract Documents by reference are: • Standard Specifications for Road, Bridge and Municipal Construction, 2023 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications") • The Washington State Building Code • Title 13 of the Federal Way Revised Code Contractor shall obtain copies of these publications, at Contractor's own expense. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL 33325 Fe d e ra Way8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 a vwwrityofCederahvey.. com DIVISION 1 GENERAL REQUIREMENTS DESCRIPTION OF WORK (March 13,1995 WSDOT GSP) This Contract provides for the improvement of the Federal Way Community Center Locker Room Renovations and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. 1-01.3 Definitions (January 19, 2022APWA GSP) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins. Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from -the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date The day all of the Work is physically completed on, the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete. Supplement this Section with the following: All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions, to the terms "Department of Transportation", "Washington State Transportation Commission", "Commission", "Secretary of Transportation", "Secretary", "Headquarters", and "State Treasurer" shall PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL 'S Feder Fe d e ra Wayth Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederalwey com be revised to read "Contracting Agency." All references to the terms "State" or "state" shall be revised to read "Contracting Agency" unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise. All references to "State Materials Laboratory" shall be revised to read "Contracting Agency designated location." All references to "final contract voucher certification" shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and acceptance granted. Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5. Contract Bond The definition in the Standard Specifications for "Contract Bond" applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond. Contract Documents See definition for "Contract." Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Na ACc aif Awar d The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency's acceptance of the Bid Proposal. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins. Traffic Both vehicular and non -vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF AN Federal Way traffic. 1402 DID PROCEDURES ND CONDITIONS CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www Myoh`oderalway com 1-02.1 Prequalification of Bidders Delete this Section and replace it with the following: 1-02.1 Qualifications of Bidder (January 24, 2011 APWA GSP) Before award of a public works Contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project. 1-02.2 Plans and Specifications (June 27, 2011 APWA GSP) Delete this section and replace it with the following: Information as to where Bid Documents can be obtained or reviewed can be found in the Call for Bids (Advertisement for Bids) for the work. After award of the Contract, Plans and specifications will be issued to the Contractor at no cost as detailed1 below: To Prime Contractor Se Sets s Basis of Distribution Reduced Plans (II" x 17") 1 Furnished automatically upon award. Contract Provisions 1 Furnished automatically upon award. Large Plans (e.g., 22" x 34") 1 Furnished only upon request. Additional Plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor's own expense. 1-02.4 Examination of Plans Specifications, and Site Work (June 27, 2011 APWA GSP) 1-02.4 1 General (December 30, 2022 APWA GSP, Option B) The first sentence of the ninth paragraph, beginning with "Prospective Bidder desiring...", is revised to read: Prospective Bidders desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing by close of business three (3) business days preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their Bids. 1-02.5 Proposal Forms (July 31, 2017APWA GSP) Delete this section and replace it with the following: The Proposal Form will identify the project and its location and describe the work. It will also list PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF .. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder's name, address, telephone number, and signature; the bidder's UBDE/DBE/M/WBE commitment, if applicable; a State of Washington Contractor's Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives suet forth in the Proposal Form unless otherwise specified. 1-02.6 Preparation of Proposal (June 4, 2020 WSDOT GSP, OPTION 9) Item number 1 in the fifth paragraph of Section 1-02.6 is revised to read: 1. Subcontractors who will perform the work of structural steel installation, rebar installation, heating, ventilation, air conditioning and plumbing as described in RCW 18.106 and electrical as described in RCW 19.28, and Add the following new section: 1-02.f U1} Recycled Materials Proposal (January 4, 2016APWA GSP) The Bidder shall submit with the Bid, its proposal for incorporating recycled materials into the project, using the form provided in the Contract Provisions. 1-02.7 Bid Deposit (March 8, 2013 APWA GSP) Supplement this section with the following: Bid bonds shall contain the following: 1. Contracting Agency -assigned number for the project; 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder's officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature; 6. The signature of the surety's officer empowered to sign the bond and the power of attorney. If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra 'Way Feder l Avenue South Federal Way, WA 98003-6325 {253) 835-7000 wwwcityoffederal way. com If so stated in the Contract Provisions, cash will not be accepted for a bid deposit. 1-02.10 Withdraw in,, Rev isin g, or Supplementing Pra osal (July 23, 2015 APWA GSP) Delete this section, and replace it with the following: After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if- 1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and 2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and 3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals. If the Bidder's request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its bid shall be considered withdrawn. Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable. 1-02.131rre ular Proposals (December 30, 2022 APWA GSP) Delete this section and replace it with the following: 1. A Proposal will be considered irregular and will be rejected if. a. The Bidder is not prequalified when so required; b. The authorized Proposal form furnished by the Contracting Agency is not used or is altered; C. The completed Proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions; d. The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the Bid Proposal; f. The Proposal form is not properly executed; g. The Bidder fails to submit or properly complete a subcontractor list (WSDOT Form 271-015), if applicable, as required in Section 1-02.6; h. The Bidder fails to submit or properly complete an Disadvantaged Business Enterprise Certification (WSDOT Form 272-056); if applicable, as required in Section 1-02.6; i. The Bidder fails to submit Written Confirmations (WSDOT Form 422-031) from each DBE firm listed on the Bidder's completed DBE Utilization Certification that they are in agreement with the bidder's DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; i The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 4S CITY OF CITY HALL Fe de ra Way 33325 8fh Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofiederalway com Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award was made; k. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-054), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; 1. The Bidder fails to submit DBE Trucking Credit Forms, if applicable, as required in Section 1- 02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; in. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or n. More than one Proposal is submitted for the same project from a Bidder under the same or different names. 2. A Proposal may be considered irregular and may be rejected if: a. The Proposal does not include a unit price for every Bid item; b. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency; C. Receipt of Addenda is not acknowledged; d. A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or e. If Proposal form entries are not made in ink. 1-02.14 Disqualification of Bidders (May 17, 2018 APWA GSP, OPTION B) Delete this section and replace it with the following: A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended; or does not meet Supplemental Criteria 1-7 listed in this Section. Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility criteria in RCW 39.04.350(1), and Supplemental Criteria 1-2. Evidence that the Bidder meets Supplemental Criteria 3-7 shall be provided by the Bidder as stated later in this Section. Delinquent State Taxes A. Criterion: The Bidder shall not owe delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the'Department of Revenue. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder does not owe delinquent taxes to the Washington State Department of Revenue, or if delinquent taxes are owed to the Washington State Department of Revenue, the Bidder must submit a written payment plan approved by the Department of Revenue, to the Contracting Agency by the deadline listed below. 2. Federal Debarment A. Criterion: The Bidder shall not currently be debarred or suspended by the Federal PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL �� Feder Fed a ra 1 Way8th Avenue South Federal Way, WA 98003-6325 (253) 335-7000 Vvww c+tvoflederal way com government. B. Documentation: The Bidder shall not be listed as having an "active exclusion" on the U.S. government's "System for Award Management" database (www.sam.gov). Subcontractor Responsibility A. Criterion: The Bidder's standard subcontract 'form shall include the subcontractor responsibility language required by RCW 39.06.020, and the Bidder shall have an established procedure which it utilizes to validate the responsibility of each of its subcontractors. The Bidder's subcontract form shall also include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub -tier subcontractors with whom it contracts are also "responsible" subcontractors as defined by RCW 39.06.020. B. Documentation: The Bidder, if and when required as detailed below, shall submit a copy of its standard subcontract form for review by the Contracting Agency, and a, written description of its procedure for validating the responsibility of subcontractors with which it contracts. 4. Claims A ainst Retains a and Bonds A. Criterion: The Bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects in the three years prior to the bid submittal date, that demonstrate a lack of effective management by the Bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency. B. Documentation: The Bidder, if and when required as detailed below, shall submit a list of the public works projects completed in the three years prior to the bid submittal date that have had claims against retainage and bonds and include for each project the following information: • Name of project • The owner and contact information for the owner; • A list of claims filed against the retainage and/or payment bond for any of the projects listed; • A written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. 5. Public Bidding Crime A. Criterion: The Bidder and/or its owners shall not have been convicted of a crime involving bidding on a public works contract in the five years prior to the bid submittal date. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder and/or its owners have not been convicted of a crime involving bidding on a public works contract. 6. Termination for Cause / Termination for Default A. Criterion: The Bidder shall not have had any public works contract terminated for cause or terminated for default by a government agency in the five years prior to the bid submittal date, PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF _�. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cJryoffederahvay. com unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder has not had any public works contract terminated for cause or terminated for default by a government agency in the five years prior to the bid submittal date; or if Bidder was terminated, describe the circumstances. . 7. Lawsuits A. Criterion: The Bidder shall not have lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder has not had any lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, or shall submit a list of all lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date, along with a written explanation of the circumstances surrounding each such lawsuit. The Contracting Agency shall evaluate these explanations to determine whether the lawsuits demonstrate a pattern of failing to meet of terms of construction related contracts As evidence that the Bidder meets the Supplemental Criteria stated above, the apparent low Bidder must submit to the Contracting Agency by 12:00 P.M. (noon) of the second business day following the bid submittal deadline, a written statement verifying that the Bidder meets the supplemental criteria together with supporting documentation (sufficient in the sole judgment of the Contracting Agency) demonstrating compliance with the Supplemental Criteria. The Contracting Agency reserves the right to request further documentation as needed from the low Bidder and documentation from other Bidders as well to assess Bidder responsibility and compliance with all bidder responsibility criteria. The Contracting Agency also reserves the right to obtain information from third -parties and independent sources of information concerning a Bidder's compliance with the mandatory and supplemental criteria, and to use that information in their evaluation. The Contracting Agency may consider mitigating factors in determining whether the Bidder complies with the requirements of the supplemental criteria. The basis f luation f Didder han _ '- '---- ' , �+ vu�,u lvi evaiuuuvii vl 1l1llUG1 l+Vlllpll[1111:G with tt1GJG iilailUiilUry aIiu supplementai criteria shaii include any documents or facts obtained by Contracting Agency (whether from the Bidder or third parties) including but not limited to: (i) financial, historical, or operational data from the Bidder; (ii) information obtained directly by the Contracting Agency from others for whom the Bidder has worked, or other public agencies or private enterprises; and (iii) any additional information obtained by the Contracting Agency which is believed to be relevant to the matter. If the Contracting Agency determines the Bidder does not meet the bidder responsibility criteria above and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL 4SFe d e ra Way 33325 Avenue South Federall Way. WA 98003-6325 (253) 835-7000 kvww rt"fYederalway. com determination within two (2) business days of the Contracting Agency's determination by presenting its appeal and any additional information to the Contracting Agency. The Contracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the Contracting Agency's final determination. Request to Change Supplemental Bidder Responsibility Criteria Prior To Bid: Bidders with concerns about the relevancy or restrictiveness of the Supplemental Bidder Responsibility Criteria may make or submit requests to the Contracting Agency to modify the criteria. Such requests shall be in writing, describe the nature of the concerns, and propose specific modifications to the criteria. Bidders shall submit such requests to the Contracting Agency no later than five (5) business days prior to the bid submittal deadline and address the request to the Project Engineer or such other person designated by the Contracting Agency in the Bid Documents. 1-03 AWARD AND ENECUTION_OF CONTRACT 1-03.1 Consideration of Bids (December 30, 2022 APWA GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder's unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond. 1-03.1(1) Identical Bid Totals (December 30, 2022 APWA GSP) Revise this section to read: After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie -breaker will be the Bidder with an equal lowest bid, that proposed to use the highest percentage of recycled materials in the Project, per the form submitted with the Bid Proposal. If those percentages are also exactly equal, then the tie -breaker will be determined by drawing as follows: Two or more slips of paper will be marked as follows: one marked "Winner" and the other(s) marked "unsuccessful." The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State Department of Licensing. The slips shall be unfolded and the firm with the slip marked "Winner" will be determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders who submitted a Bid total that is exactly equal to the lowest responsive Bid, and with a proposed recycled materials percentage that is exactly equal to the highest proposed recycled materials amount, are eligible to draw. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL �`% Federal � �� I � 33325 Avenue South "�►`J Federall Way, WA 980038003-6325 (253) 835-7000 www cityoffederalway. com 1-03.3 Execution of Contract (January 19, 2022APWA GSP) Revise this section to read: Within 3 calendar days of Award date (not including Saturdays, Sundays, and Holidays), the successful Bidder shall provide the information necessary to execute the Contract to the Contracting Agency. The Bidder shall send the contact information, including the full name, email address, and phone number, for the authorized signer and bonding agent to the Contracting Agency. Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. Within 10 calendar days after the award date, the successful bidder shall return the signed Contracting Agency -prepared contract, an insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03.4, the Transfer of Coverage form for the Construction Stormwater General Permit with sections I, III, and VIII completed when provided. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre -award information the Contracting Agency may require under Section 1-02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency -furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. If. the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of 5 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1-03.4 Contract Bond (July 23, 2015 APWA GSP) Delete the first paragraph and replace it with the following: The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. In the case of separate payment and performance bonds, each shall be for the full contract amount. The bond(s) shall: 1. Be on Contracting Agency -furnished form(s); 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and claims PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wvw cr[yoffeclera, -vay com related directly or indirectly from any failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work; 4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and 5. Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president). 1-03.7 Judicial Review (December 30, 2022 APWA GSP) Revise this section to read: All decision made by the Contracting Agency regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington Law. Such review, if any, shall be timely filed in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 1-04 SCOPE OF THE WD1�iC 1-04.2 Coordination of Contract Documents Plans Special Provisions Specifications, and Addenda (January 8, 2021 CFW GSP) Revise the second paragraph to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Contract, 2. Change Orders, with those of a later date taking precedence of those of an earlier date, 3. Addenda, with those of a later date taking precedence of those of an earlier date, 4. Proposal Form, 5. Special Provisions, 6. Contract Plans, 7. Standard Specifications, PROFESSIONAL SERVICES AGREEMENT Rev. 4/2023 CITY OF CITY HALL Fe I r Q �� 33325 8th Avenue South Federal Way, WA 98003003-6325 (253) 835-7000 www cityoffederahvay com 8. Contracting Agency's Standard Plans or Details (if any), and 9. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1-04.4 Changes (January 19, 2022APWA GSP) The first two sentences of the last paragraph of Section 1-04.4 are deleted. 1-05.12 Final Acceptance (April 12, 2019 CFW GSP) Delete the third and fourth sentences in the first paragraph and replace it with the following: Final acceptance date of the work shall be the date the Federal Way City Council accepts the project as complete. Add the following new section. 1-05.12(1) One -Year Guarantee Period (March 8, 2013 APWA GSP) The Contractor shall return to the project and repair or replace all defects in workmanship and material discovered within one year after Final Acceptance of the Work. The Contractor shall start work to remedy any such defects within 7 calendar days of receiving Contracting Agency's written notice of a defect, and shall complete such work within the time stated in the Contracting Agency's notice. In case of an emergency, where damage may result from delay or where loss of services may result, such corrections may be made by the Contracting Agency's own forces or another contractor, In which case the cost of corrections shall be paid by the Contractor. In the event the Contractor does not accomplish corrections within the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. When corrections of defects are made, the Contractor shall then be responsible for correcting all defects in workmanship and materials in the corrected work for one year after acceptance of the corrections by Contracting Agency. This guarantee is supplemental to and does not limit or affect the requirements that the Contractor's work comply with the requirements of the Contract or any other legal rights or remedies of the Contracting Agency. 1-05.15 Method of Servini Notices (December 30, 2022 APWA GSP) Revise the second paragraph to read: All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence from the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the Contract, must be in paper format, hand delivered or sent via mail delivery service to the Project Engineer's office. Electronic copies such as a -mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Am*S ara I �y Feder 8th Avenue South Federal Way, WA 98003-6325Fed (253) 835-7000 www cityoffederafway. com Add the following new section: 1-05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the Contract includes power and water as a pay item. 1-05.17 As -Built Survey and Record Draw (March 22, 2023 CFW GSP) Section 1-05.17 is a new section: As -Built Survey After construction has been completed the Contractor shall perform an as -built survey and provide the information (including point files) in a format compatible with AutoCAD 2019 or later version file to the Engineer. The applicable tolerance limits for the as -built survey include, but are not limited to the following: Vertical Horizontal As -built sanitary & storm invert and ± 0.01 foot 0.01 foot grate elevations As -built monumentation ± 0.001 foot J: 0.001 foot As -built waterlines, inverts, valves, ± 0.10 foot 0.10 foot hydrants As -built ponds/swales/water features ± 0.10 foot 10.10 foot As -built buildings (fin. Floor elev.) ± 0.01 foot ± 0.10 foot As -built gas lines, power, TV, Tel, Corn ± 0.10 foot f 0.10 foot As -built signs, signals, etc. N/A f 0.10 foot This as -built survey shall consist of the following: • Survey of rim elevation, sump elevations, and invert elevations of all storm drainage structures installed, modified or left in place within the limits of this contract. Storm pipe diameter and material; drainage structure type, size, lid type (solid cover or grate, standard or heavy duty), and lid shape; model No. of CB water quality treatment inserts installed, flowline of open channel conveyance systems at 50-foot max. intervals, and retaining wall footing drains, including cleanouts. • Survey of all monuments shown on the plans or discovered within the project limits. City of Federal Way Monument Record forms shall be completed by a Professional Land Surveyor and submitted to the Project Engineer for each monument. • Finished grade shots on all utility appurtenances within the limits of this contract, including, but not limited to vaults, handholes, valves, fire hydrants, water meters, junction boxes, signal poles, etc. Appurtenances with round covers should have one survey shot in the center of the manhole or valve cover, or at the center of the fire hydrant. Utility handholes and boxes shall have two shots on opposite corners of the cover, PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fed a ra �a� Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwv cityoffederalway. com • Final curb elevations, with a minimum of 8 shots at each curb return. Also, .final shots along all curb and gutter, block curb, integral curb and extruded curb installed in this contract (at flowline of the curbs). • Final elevations at the front and back of walk throughout the project limits. ■ Final wall elevations at the face and top of all walls installed in this contract. • Shots of all signs, trees, illumination and signal equipment installed as part of this contract. • Shots to delineate all channelization installed in this contract. Record Drawings Throughout construction, the Contractor shall be responsible for tracking all relevant field changes to the approved construction drawings. These changes shall be clearly identified in red ink in a comprehensive manner on one set of full size Plans. These Record Drawing shall be kept separate from other Plan sheets, and shall be clearly marked as Record Drawings. The Record Drawings shall be kept on site, and shall be available for review by the Contracting Agency at all times. The Contractor shall bring the Record Drawings to each progress meeting for review. Upon completion of construction, the Contractor shall submit to the City a clean set of marked -up drawings in electronic PDF format that are signed and certified by the Contractor or their surveyor. The Certification on each page of the record drawings shall state that said drawings are an accurate depiction of built conditions. City acceptance of the Record Drawings is one of the requirements for achieving Physical Completion. The certified Record Drawings shall, at a minimum, consist of the following: • Existing or abandoned utilities that were encountered during construction that were not shown on the approved construction drawings. Accurate locations of storm drainage (including invert elevations), sanitary sewer, water mains and other water appurtenances, structures, conduits, light standards, vaults, width of roadways, sidewalks, landscaping areas, channelization and pavement markings, etc. Record drawings shall reflect actual dimensions, arrangement, and materials used when different than shown in the Plans. As -built survey information shall be used to confirm information shown on record drawings. Changes made by Change Order or Field Directive Changes made by the Contractor as approved by the Engineer. Pothole information gathered by the Contractor. Payment "As -Built Survey and Record Drawings", lump sum. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 4 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwww crtyotfederalway com The lump sum contract price for "As -Built Survey and Record Drawings " shall be full pay for all labor, equipment, materials, and supervision utilized to perform the work specified, including any -surveying, checking, correction of errors, preparation of record drawings, and coordination efforts. Payment will be made after AutoCad files and record drawings are submitted to and approved by the City. No partial payments will be made. W014113Z [1� R111Kill aly t3AV Section 1-06 is supplemented with the following: Build America/Buy America (June 6, 2023, WSDOT GSP, OPTION 2(A)) General Requirements In accordance with Division Q Title IX — Build America, Buy America Act (BABA), of Public Law 117- 58 (Infrastructure Investment and Jobs Act), the following materials must be American -made: 1. All steel and iron used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. An article, material, or supply will be classified in one -of three categories: 1) Steel and Iron, 2) Manufactured Product or 3) Construction Material. Only a single category will apply to an item and be subject to the requirements of the BABA requirements of that category. Some contract items are composed of multiple parts that may fall into different categories. Individual components will be categorized as a construction material, manufactured product, or steel and iron based on their composition when they arrive at the staging area or work site. When steel or iron are a component of a manufactured product or construction material, the steel and iron components will be subject to "Steel and Iron Requirements" of this Specification. Definitions 1. Construction material: Defined as any article, material, or supply brought to the construction site for incorporation into the final product. Construction materials include an article, material, or supply that is or consists primarily of: a. Non-ferrous metals; PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 635-7000 www.ci"ffederahvay.com b. Plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); c. Glass (including optic glass); d. Lumber; or e. Drywall. Construction Materials do not include items of primarily iron or steel; manufactured products; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. 2_ Manufactured Product: A Manufactured product includes any item produced as a result of the manufacturing process. Items that consist of two or more of the listed construction materials that have been combined together through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials. 3. Manufactured in the United States: A construction material will be considered as manufactured in the United States if all manufacturing processes have occurred in the United States. 4. Structural Steel: Defined as all structural steel products included in the project. 5. United States: To further define the coverage, a domestic product is a manufactured steel construction material that was produced in one of the 50 states, the District of Columbia, Puerto Rico, or in the territories and possessions of the United States. Steel and Iron Requirements Major quantities of steel and iron construction materials that are permanently incorporated into the project shall consist of American -made material's only. BABA requirements do not apply to temporary steel or iron items, e.g., temporary sheet piling, temporary bridges, steel scaffolding and falsework. Minor amounts of foreign steel and iron may be utilized in this project provided the cost of the foreign material used does not exceed one -tenth of one percent of the total contract cost or $2,500.00, whichever is greater. American -made material is defined as material having all manufacturing processes occurring domestically. If domestically produced steel billets or iron ingots are exported outside of the area of coverage, as defined above, for any manufacturing process then the resulting product does not conform to the BABA requirements. Additionally, products manufactured domestically from foreign source steel billets or iron ingots do not conform to the BABA requirements because the initial melting and mixing of alloys to create the material occurred in a foreign country. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 cIrr OF CITY HALL Fed a ra I Way Feder 8th Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 ewwv cityoffederaiway com Manufacturing begins with the initial melting and mixing and continues through the coating stage. Any process which modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. The processes include rolling, extruding, machining, bending, grinding, drilling, welding, and coating. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or enhances the value of steel or iron. Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. Due to a nationwide waiver, BABA requirements do not apply to raw materials (iron ore and alloys), scrap (recycled steel or iron), and pig iron ore processed, pelletized, and reduced iron ore. The following are considered to be steel manufacturing processes: Production of steel by any of the following processes: a. Open hearth furnace. b. Basic oxygen. c. Electric furnace. d. Direct reduction. 2. Rolling, heat treating, and any other similar processing. 3. Fabrication of the products: a. Spinning wire into cable or strand. b. Corrugating and rolling into culverts. c. Shop fabrication. A certification of materials origin will be required for all items comprised of, or containing, steel or iron construction materials prior to such items being incorporated into the permanent work. The Contractor will not receive payment until the certification is received by the Engineer. The certification shall be on WSDOT Form 350-109 provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as WSDOT Form 350-109. Manufactured Products Due to a nationwide waiver, BABA requirements do not apply to manufactured products. Manufactured products that contain steel and iron, regardless of a nationwide waiver, will follow "Steel and Iron Requirements" of this Specification. Construction Material Requirements PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway com A Contractor provided certificate of materials origin will be required before each progress estimate or payment. The Contractor will not receive payment until the certification is received by the Engineer. The Contractor shall certify that all construction materials installed during the current progress estimate period meets the Build America, Buy America Act. The certification shall be on WSDOT Form 350-110 provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as WSDOT Form 350-110. 1-06.6 Recycled Materials (January 4, 20I6APWA GSP) Delete this section, including its subsections, and replace it with the following: The Contractor shall make their best effort to utilize recycled materials in the construction of the project. Approval of such material use shall be as detailed elsewhere in the Standard Specifications. Prior to Physical Completion the Contractor shall report the quantity of recycled materials that were utilized in the construction of the project for each of the items listed in Section 9-03.21. The report shall include hot mix asphalt, recycled concrete aggregate, recycled glass, steel furnace slag and other recycled materials (e.g. utilization of on -site material and aggregates from concrete returned to the supplier). The Contractor's report shall be provided on DOT form 350-075 Recycled Materials Reporting. RELATIONS1-07 LEGAL AND RESPONSIBILITIES THE PUBLIC 1=07.1 Laws to be Observed (October], 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor-s care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's Plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures in, on, or near the project site. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL 4 33325Fe d e ra I Way Feder Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityotlederalway com Section 1-07.1 is supplemented with the following: (April 3, 2006 WSDOT GSP, OPTION 3) Confined Space Confined spaces are known to exist at the following locations: Existing storm drainage, sanitary sewer, and other utility systems, vaults, and structures, along with all new similar new construction items that meet the requirements of WAC 296-809-100. The Contractor shall be fully responsible for the safety and health of all on -site workers and compliant with Washington Administrative Code (WAC 296-809). The Contractor shall prepare and implement a confined space program for each of the confined spaces identified above. The Contractors Confined Space program shall be sent to the contracting agency at least 30 days prior to the Contractor beginning work in or adjacent to the confined space. No work shall be performed in or adjacent to the confined space until the plan is submitted to the Engineer as required. The Contractor shall communicate with the Engineer to ensure a coordinated effort for providing and maintaining a safe worksite for both the Contracting Agency's and Contractor's workers when working in or near a confined space. All costs to prepare and implement the confined space program shall be included in the bid prices for the various items associated with the confined space work. 1-07.2 State Taxes Delete this section, including its sub -sections, in its entirety and replace it with the following: 1-07.2 State Sales Tax (June 27, 2011 APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1- 07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a Bid on a misunderstood tax liability. The Contractor shall include all Contractor -paid taxes in the unit Bid prices or other Contract amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(2) describes this exception. The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA- funded Project) only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all Contract -related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments ,to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this Contract or not. Any amount so deducted will be paid into the proper State fund. 1-07.2(1) State Sales Tax — Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway com United States, and which are used primarily for foot or vehicular traffic. This includes storm. or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit Bid item prices, or other Contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1-07.2(2) State Sales Tax — Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation - For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full Contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit Bid item prices, or in any other Contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included.in the unit Bid item prices or in any other Contract amount. 1-07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any Contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). 1-07,5 Environmental Regulations Section 1-07.5 is supplemented with the following: (S ,t�, ��; 20, 2010, WSDOT GSP, OPTION Environmental Commitments The following Provisions summarize the requirements, in addition to those required elsewhere in the Contract, imposed upon the Contracting Agency by the various documents referenced in the Special Provision Permits and Licenses. Throughout the work, the Contractor shall comply with the following requirements: (August 3, 2009, WSDOT GSP, OPTION 2) Payment All costs to comply with this special provision for the environmental commitments and requirements are PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF _ Federal Way CITY HALL 33325 8th Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 wwwdlyoffederaf ivay com incidental to the contract and are the responsibility of the Contractor. The Contractor shall include all related costs in the associated bid prices of the contract. (January 2, 2018 WSDOT GSP, OPTION]) Section 1-07.6 is supplemented with the following: The Contracting Agency has obtained the below -listed permit(s) for this project. A copy of the permit(s) is attached as an appendix for informational purposes. Copies of these permits, including a copy of the Transfer of Coverage form, when applicable, are required to be onsite at all times. Contact with the permitting agencies, concerning the below -listed permit(s), shall be made through the Engineer with the exception of when the Construction Stormwater General Permit coverage is transferred to the Contractor, direct communication with the Department of Ecology is allowed. The Contractor shall be responsible for obtaining Ecology's approval for any Work requiring additional approvals (e.g. Request for Chemical Treatment Form). The Contractor shall obtain additional permits as necessary. All costs to obtain and comply with additional permits shall be included in the applicable Bid items for the Work involved. * Construction Stormwater General Permit • Any other permits included in Appendices 1-07.7 Load Limits (March 13,1995 WSDOT GSP, OPTION 6) Section 1-07.7 is supplemented with the following: If the sources of materials provided by the Contractor necessitate hauling over roads other than State Highways, the Contractor shall, at the Contractor's expense, make all arrangements for the use of the haul routes. 1-07.9 Wages 1-07.9{I} General (January 9, 2023 WSDOT GSP, OPTION 1) Section 1-07.9(1) is supplemented with the following: The Federal wage rates incorporated in this contract have been established by the Secretary of Labor under United States Department of Labor General Decision No. WA20230001. The State rates incorporated in this contract are applicable to all construction activities associated with this contract. 1-07.9 5 A Re uired Documents (December 30, 2022 APWA GSP) This section is revised to read as follows: All Statements of Intent to Pay Prevailing Wages, Affidavits of Wages Paid and Certified Payrolls, including a signed Statement of Compliance for Federal -aid projects, shall be submitted to the Engineer and to the State using the State L&I online Prevailing Wage Intent & Affidavit (PWIA) system. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 A4SCarr OF CITY HALL Fera ay 33325 Avenue South Fe_deraJ Way, WA 98003-6325 (253) 835-7000 wrinv dt) of(ederalway. com 1-07.11 Requirements for Nondiscrimination (October 3, 2022 WSDOT GSP, OPTION 1) Section 1-07.11 is supplemented with the following: Requirement for Affirmative Action to Ensure Equal Em to ent Q ortunit(Executive Order 11246 1. The Contractor's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein. 2. The goals and timetables for minority and female participation set by the Office of Federal Contract Compliance Programs, expressed in percentage terms for the Contractor's aggregate work force in each construction craft and in each trade on all construction work in the covered area, are as follows: Women - Statewide Timetable Until further notice Goal 6.9% Minorities - by Standard Metropolitan Statistical Area (SMSA) Spokane, WA: SMSA Counties: Spokane, WA 2.8 WA Spokane. Non-SMSA Counties 3.0 WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; WA Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. Richland, WA: SMSA Counties: Richland Kennewick, WA 5.4 WA Benton; WA Franklin. Non-SMSA Counties 3.6 WA Walla Walla. Yakima, WA: SMSA Counties: Yakima, WA 9.7 1 A V 1,- Y A 10.1�11 a. Non-SMSA Counties 7.2 WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan. Seattle, WA: SMSA Counties: Seattle Everett, WA 7.2 WA King; WA Snohomish. Tacoma, WA 6.2 WA Pierce. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 ,�SCITY OF � Federal CITY HALL ■ � ■�� 33325 8th Avenue South ■V■lYl Federal Way, WA 98003-6325 (253) 835-7000 mm.crryoffederahroay com Non-SMSA Counties 6.1 WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA Thurston; WA Whatcom. Portland, OR: SMSA Counties: Portland, OR -WA 4.5 WA Clark. Non-SMSA Counties 3.8 WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum. These goals are applicable to each nonexempt Contractor's total on -site construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, or federally assisted project, contract, or subcontract until further notice. Compliance with these goals and time tables is enforced by the Office of Federal Contract compliance Programs. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, in each construction craft and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goal shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 or more that are Federally funded, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. The notification shall be sent to: U.S. Department of Labor Office of Federal Contract Compliance Programs Pacific Region Attn: Regional Director San Francisco Federal Building 90 — 7ch Street, Suite 18-300 San Francisco, CA 94103(415) 625-7800 Phone (415) 625-7799 Fax 2. As used in this Notice, and in the contract resulting from this solicitation, the Covered Area is as designated herein. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 ,*SCITY OF ,� Federal Way Order 11246) 1. As used in these specifications: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. coin a. Covered Area means the geographical area described in the solicitation from which this contract resulted; b. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. Employer Identification Number means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941; d. Minority includes: (1) Black, a person having origins in any of the Black Racial Groups of Africa. (2) Hispanic, a fluent Spanish speaking, Spanish surnamed person of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish origin. (3) Asian or Pacific Islander, a person having origins in any of the original peoples of the Pacific rim or the Pacific Islands, the Hawaiian Islands and Samoa. (4) American Indian or Alaskan Native, a person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in Path trade in x0lie.h it hac PmnlnvPPc T11P nyPrall annrl faith nPrfnrmanop by nth Pr Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractor's failure to take good faith effort to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of this Special Provision. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 A4! CITY OF ,�S� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 4w w.cilyoffederalwaycoin not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the -Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its action. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunity and/or participate in training programs for the PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Way 33325 Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway com area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the U.S. Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 c13r OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyolfederalway coin in. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of the obligations under 7a through 7p of this Special Provision provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensure that the concrete benefits of the program are reflected in the Contractor's minority and female work -force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrate the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspensions, terminations and cancellations of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 p53) 835-7000 www cityoffederahvay. com 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of this Special Provision, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include, for each employee, their name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, the Contractors will not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 16. Additional assistance for Federal Construction Contractors on contracts administered by Washington State Department of Transportation or by Local Agencies may be found at: Washington State Dept. of Transportation Office of Equal Opportunity PO Box 47314 310 Maple Park Ave. SE Olympia WA 98504-7314 Ph: 360-705-7090 Fax: 360-705-6801 http://www.wsdot.wa.gov/equalopportunity/defautt.htni (October 1, 2020, APSW GSP, OPTIONA) Supplement this section with the following: Disadvantaged Business Enterprise Participation , The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and USDOT's official interpretations (i.e., Questions & Answers) apply to this Contract. As such, the requirements of this Contract are to make affirmative efforts to solicit DBEs, provide information on who -submitted a Bid or quote and to report DBE participation monthly as described elsewhere in these Contract Provisions. No preference will be included in the evaluation of Bids/Proposals, no minimum level of DBE participation shall be required as a Condition of Award and Bids/Proposals may not be rejected or considered non- responsive on that basis. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Way Feder l Avenue South 4! Federal Way, WA 98003-6325 (253) 835-7000 mm ciryoffederalway com DBE Abbreviations and Definitions Broker — A business firm that provides a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for the performance of the Contract; or, persons/companies who -arrange or expedite transactions. Certified Business Description — Specific descriptions of work the DBE is certified to perform, as identified in the Certified Firm Directory, under the Vendor Information page. Certified Firm Directory — A database of all Minority, Women, and Disadvantaged Business Enterprises. The on-line Directory is available to Contractors for their use in identifying and soliciting interest from DBE firms. The database is located under the Firm Certification section of the Diversity Management and Compliance System web page at: https: Homwbe. diversitycompliance. com. Commercially Useful Function (CUF) — 49 CFR 26.55(c)(1) defines commercially useful function as: "A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors." Contract — For this Special Provision only, this definition supplements Section 1-01.3._49 CFR 26.5 defines contract as: "... a legally binding relationship obligating a seller to furnish supplies or services (including, but not limited to, construction and professional services) and the buyer to pay for them. For purposes of this part, a lease is considered to be a contract." Disadvantaged Business Enterprise (DBE) — A business firm certified by the Washington State Office of Minority and Women's Business Enterprises, as meeting the criteria outlined in 49 CFR 26 regarding DBE certification. Force Account Work — Work measured and paid in accordance with Section 1-09.6. Manufacturer (DBE) — A DBE firm that operates or maintains a factory or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract. A DBE Manufacturer shall produce finished goods or products from raw or unfinished material or purchase and substantially alters goods and materials to make them suitable for construction use before reselling them. Regular Dealer (DBE) — A DBE firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of a Contract PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF .� Federal CITY HALL �� 33325 Avenue South Federall Way, WA 98003-6325 (253) 835-7000 wwwcf"ffederalway. com are bought, kept in stock, and regularly sold to the public in the usual course of business Regular Dealer, the DBE firm must be an established regular business that engages .Tobea . in as its principal business and in its own name the purchase and sale of the products in question. A Regular Dealer in such items as steel, cement, gravel, stone, and petroleum products need not own, operate or maintain a place of business if it both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by long-term formal lease agreements and not on an ad -hoc basis. Brokers, packagers, manufacturers' representatives, or other persons who arrange or expedite transactions shall not be regarded as Regular Dealers within the meaning of this definition. DBE Goals No DBE goals have been assigned as part of this Contract. Affirmative Efforts to Solicit DBE Participation The Contractor shall not discriminate on the grounds of race, color, sex, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. DBE firms shall have an equal opportunity to complete for subcontracts in which the Contractor enters into pursuant to this Contract. Contractors are encouraged to: 1. Advertise opportunities for Subcontractors or suppliers in a timely and reasonably designed manner to provide notice of the opportunity to DBEs capable of performing the Work. All advertisements should include a Contract Provision encouraging participation by DBE firms. This may be accomplished through general advertisements (e.g. newspapers, journals, etc.) or by soliciting Bids/Proposals directly from DBEs. 2. Establish delivery schedules that encourage participation by DBEs and other small businesses. 3. Participate with a DBE as a joint venture. DBE Eligibility/Selection of DBEs for Reporting Purposes Only Contractor may take credit for DBEs utilized on this Contract only if the firm is certified for the Work being performed, and the firm performs a commercially useful function (CUF). Absent a mandatory goal, all DBE participation that is attained on this project will be considered as "race neutral p2U11cipatlUll ailu J11all be reported as sucil. Crediting DBE Participation All DBE Subcontractors shall be certified before the subcontract on which _they are participating is executed. Be advised that although a firm is listed in the directory, there are cases where the listed firm is in a temporary suspension status. The Contractor shall review the OMWBE Suspended DBE Firms list. A DBE firm that is included on this list may not enter into new contracts that count towards participation. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL ,. Feder l Avenue South Federal Way, WA 98003-6325 � Federal e ra I Way (253) 835-7000 vvww ciryofiederaWay com DBE participation is only credited upon payment to the DBE. The following are some definitions of what may be counted as DBE participation. DBE Prime Contractor Only take credit for that portion of the total dollar value of the Contract equal to the distinct, clearly defined portion of the Work that the DBE Prime Contractor performs with its own forces and is certified to perform. DBE Subcontractor Only take credit for that portion of the total dollar value of the subcontract that is equal to the distinct, clearly defined portion of the Work that the DBE performs with its own forces. The value of work performed by the DBE includes the cost of supplies and materials purchased by the DBE and equipment leased by the DBE, for its work on the contract. Supplies, materials or equipment obtained by a DBE that are not utilized or incorporated in the contract work by the DBE will not be eligible for DBE credit. The supplies, materials, and equipment purchased or leased from the Contractor or its affiliate, including any Contractor's resources available to DBE subcontractors at no cost, shall not be credited. DBE credit will not be given in instances where the equipment lease includes the operator. The DBE is expected to operate the equipment used in the performance of its work under the contract with its own forces. Situations where equipment is leased and used by the DBE, but payment is deducted from the Contractor's payment to the DBE is not allowed. If a DBE subcontracts a portion of the Work of its contract to another firm, the value of the subcontracted Work may be credited only if the DBE's Lower -Tier Subcontractor is also a DBE. Work subcontracted to a non -DBE shall not be credited. Count expenditures toward race/gender-neutral participation only if the DBE is performing a CUF on the contract. DBE Subcontract and Lower Tier Subcontract Documents There must be a subcontract agreement that complies with 49 CFR Part 26 and fully describes the distinct elements of Work committed to be performed by the DBE. The subcontract agreement shall incorporate requirements of the primary Contract. Subcontract agreements of all tiers, including lease agreements shall be readily available at the project site for the Engineer's review. DBE Service Provider The value of fees or commissions charged by a DBE Broker, a DBE behaving in a manner of a Broker, or another service provider for providing a bona fide service, such as professional, technical, consultant, managerial services, or for providing bonds or insurance specifically required for the performance of the contract will only be credited as DBE participation, if the fee/commission is determined by the Contracting Agency to be reasonable and the firm has performed a CUF. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fed eral Way 8th Avenue South Federal Way,_ WA 98003-6325 (253) 835-7000 vvmv clwffedenalwav com Temporary Traffic Control If the DBE firm is being utilized in the capacity of only "Flagging", the DBE firm must provide a Traffic Control Supervisor (TCS) and flagger, which are under the direct control of the DBE. The DBE firm shall also provide all flagging equipment (e.g. paddles, hard hats, and vests). If the DBE firm is being utilized in the capacity of "Traffic Control Services", the DBE firm must provide a TCS, flaggers, and traffic control items (e.g., cones, barrels, signs, etc.) and be in total control of all items in implementing the traffic control for the project. In addition, if the DBE firm utilizes the Contractor's equipment, such as Transportable Attenuators and Portable Changeable Message Signs (PCMS) no DBE credit can be taken for supplying and operating the items. Trucking DBE trucking firm participation may only be credited as DBE participation for the value of the hauling services, not for the materials being hauled unless the trucking firm is also certified as a supplier. In situations where the DBE's work is priced per ton, the value of the hauling service must be calculated separately from the value of the materials in order to determine DBE credit for hauling The DBE trucking firm must own and operate at least one licensed, insured and operational truck on the contract. The truck must be of the type that is necessary to perform the hauling duties required under the contract. The DBE receives credit for the value of the transportation services it provides on the Contract using trucks it owns or leases, licenses, insures, and operates with drivers it employs. The DBE may lease additional trucks from another DBE firm. The Work that a DBE trucking firm performs with trucks it leases from other certified DBE trucking firms qualify for 100% DBE credit. The trucking Work subcontracted to any non -DBE trucking firm will not receive credit for Work done on the project. The DBE may lease trucks from a non -DBE truck leasing company, but can only receive credit as DBE participation if the DBE uses its own employees as drivers. DBE credit for a truck broker is limited to the fee/commission that the DBE receives for arranging transportation services. 1r_.._1_ a_..s: ., __ .7 1, ___ i_ 1_11 L_ .7:7__ 1, 1_1, a i1__ 4 '�.. F .. A-- 11UL;& regls LldUU11 allU 1GtLJ0 agICU111e11LJ WIWI UV rea.Ully aValIdUIC M UIV, pr VjeVL s1LG lUl L110 Engineer review. DBE Manufacturer and DBE Regular Dealer One hundred percent (100%) of the cost of the manufactured product obtained from a DBE manufacturer can count as DBE participation. Sixty percent (60%) of the cost of materials or supplies purchased from a DBE Regular Dealer may be credited as DBE Participation. If the role of the DBE Regular Dealer is determined to be that of a pass -through, then no DBE credit will be given for its services. If the role of the DBE PROFESSIONAL SERVICES AGREEMENT _ Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofiederalway com Regular Dealer is determined to be that of a Broker, then DBE credit shall be limited to the fee or commission it receives for its services. Regular Dealer status and the amount of credit is determined on a Contract -by -Contract basis. Regular Dealer DBE firms must be approved before being used on a project. The WSDOT Approved Regular Dealer list published on WSDOT's Office of Equal Opportunity (OEO) web site must include the specific project for which approval is being requested. The Regular Dealer must submit the Regular Dealer Status Request form a minimum of five days prior to being utilized on the specific project. Purchase of materials or supplies from a DBE which is neither a manufacturer nor a regular dealer, (i.e. Broker) only the fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, can count as DBE participation provided the fees are not excessive as compared with fees customarily allowed for similar services. Documentation will be required to support the fee/commission charged by the DBE. The cost of the materials and supplies themselves cannot be counted toward as DBE participation. Note: Requests to be listed as a Regular Dealer will only be processed if the requesting firm is a material supplier certified by the Office of Minority and Women's Business Enterprises in a NAICS code that falls within the 42XXXX NAICS Wholesale code section. Procedures between Award and Execution After Award and prior to Execution, the Contractor shall provide the additional information described below. Failure to comply shall result in the forfeiture of the Bidder's Proposal bond or deposit. 1. A list of all firms who submitted a bid or quote in attempt to participate in this project whether they were successful or not. Include the business name and mailing address. Note: The firms identified by the Contractor may be contacted by the Contracting Agency to solicit general information as follows: age of the firm and average of its gross annual receipts over the past three -years. Procedures after Execution Commercially Useful Function (CUF) The Contractor may only take credit for the payments made for Work performed by a DBE that is determined to be performing a CUF. Payment must be commensurate with the work actually performed by the DBE. This applies to all DBEs performing Work on a project, whether or not the DBEs are COA, if the Contractor wants to receive credit for their participation. The Engineer will conduct CUF reviews to ascertain whether DBEs are performing a CUF. A DBE performs a CUF when it is carrying out its responsibilities of its contract by actually performing, managing, and supervising the Work involved. The DBE must be responsible for negotiating price; determining quality and quantity; ordering the material, installing (where applicable); and paying for the material itself. If a DBE does not perform "all" of these functions on a furnish -and -install contract, it has not performed a CUF and the cost of materials cannot be counted toward DBE COA Goal. Leasing of equipment from a leasing company is allowed. However, PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal WayFeder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 a vwwCayotrederal way com leasing/purchasing equipment from the Contractor is not allowed. Lease agreements shall be readily available for review by the Engineer. In order for a DBE traffic control company to be considered to be performing a CUF, the DBE must be in control of its work inclusive of supervision. The DBE shall employ a Traffic Control Supervisor who is directly involved in the management and supervision of the traffic control employees and services. The DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which the funds are passed in order to obtain the appearance of DBE participation. The following are some of the factors that the Engineer will use in determining whether a DBE trucking company is performing a CUF: • The DBE shall be responsible for the management and supervision of the entire tnicking operation for which it is responsible on the Contract. The owner demonstrates business related knowledge, shows up on site and is determined to be actively running the business. • The DBE shall with its own workforce, operate at least one fully licensed, insured, and operational truck used on the Contract. The drivers of the trucks owned and leased by the DBE must be exclusively employed by the DBE and reflected on the-DBE's payroll. • Lease agreements for trucks shall indicate that the DBE has exclusive use of and control over the truck(s). This does not preclude the leased truck from working for others provided it is with the consent of the DBE and the lease provides the DBE absolute priority for use of the leased truck. • Leased trucks shall display the name and identification number of the DBE. Joint Checking A joint check is a check between a Subcontractor and the Contractor, to the supplier of materials/supplies. The check is issued by the Contractor as payer to the Subcontractor and the material supplier jointly for items to be incorporated into the project. The DBE must release the check to the supplier, while the Contractor acts solely as the guarantor. A joint check agreement must be approved by the Engineer and requested by the DBE involved using the DBE Joint Check Request Form (form # 272-053) prior to its use. The form must accompany the DBE Joint Check Agreement between the parties involved, including the conditions of the arrangement and expected use of the joint checks. The approval to use joint checks and the use will be closely monitored by the Engineer. To receive DBE credit for performing a CUF with respect to obtaining materials and supplies, a DBE must "be responsible for negotiating price, determining quality and quantity, ordering the material, installing and paying for the material itself." The Contractor shall submit DBE Joint PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra [ Way Feder 8th Avenue South Federal Way, WA 98003�6325 (253) 835-7000 w wv cityoffederalway com Check Request Form for the Engineer approval prior to using a joint check. Material costs paid by the Contractor directly to the material supplier are not allowed. If proper procedures are not followed or the Engineer determines that the arrangement results in lack of independence for the DBE involved, no DBE credit will be given for the DBE's participation as it relates to the material cost. Prompt Payment Prompt payment to all subcontractors shall be in accordance with Section 1-08.1. Prompt payment requirements apply to progress payments as well as return of retainage. Reporting The Contractor and all subcontractors/suppliers/service providers that utilize DBEs to perform work on the project, shall maintain appropriate records that will enable the Engineer to verify DBE participation throughout the life of the project. Refer to Section 1-08.1 for additional reporting requirements associated with this contract. Decertification When a DBE is "decertified" from the DBE program during the course of the Contract, the participation of that DBE shall continue to count as DBE participation as long as the subcontract with the DBE was executed prior to the decertification notice. The Contractor is obligated to substitute when a DBE does not have an executed subcontract agreement at the time of decertification. Consequences of Non -Compliance Each contract with a Contractor (and each subcontract the Contractor signs with a Subcontractor) must include the following assurance clause: The Contractor, subrecipient, or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the Contractor from future bidding as non -responsible. Payment Compensation for all costs involved with complying with the conditions of this Specification and PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.c+tyoffeder9hvay com any other associated DBE requirements is included in payment for the associated Contract items of Work, except otherwise provided in the Specifications. 1-07.17 Utilities and Similar Facilities (April 2, 2007 WSDOT GSP, OPTIONI) Section 1-07.17 is supplemented with the following: Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. The following addresses and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience. UTILITY CONTACTS Puget Sound Energy (Power) Attn: Jason Airey 3130 S 38`h St Tacoma, WA 98409 Telephone: (206) 348-9637 Puget Sound Energy (Gas) Attn: Katie Dierick Katie.Dierick@pse.com Cell: (253) 268-6331 Lakehaven Water & Sewer District Attn: Naveen Chandra, P.E. 316231" Avenue S Federal Way, WA 98063-4249 NChandra@lakehaven.org Telephone: (253) 946-5440 Cell: (206) 966-8185 Zayo Attn: Jason Tesdal 4905 Pacific Hwy E, Suite 4 File, WA 98424 Jason.Tesdal@zayo.com Telephone: (253) 221-7585 King Co. Traffic (Signals & Lighting) Attn: Mark Parrett 155 Monroe Ave NE Renton, WA 98056 Telephone: (206) 296-8153 Lumen Attn: Lara La_nt 1208 NE 64th St Seattle, WA 98115 Lara.Lant@Lumen.com Telephone: (206) 765-9885 Comcast Attn: Kyle Kinney 410 Valley Ave NW Puyallup, WA 98371 Kyle Kinney@comc.ast.com Telephone: (253) 293-3838 AT&T Attn: Steve Duppenthaler 11241 Willows Rd NE, #130 Redmond, WA 98052 Telephone: (425)286-3822 City of FW IT Dept (City Fiber) Attn: Thomas Fichtner 33325 8th Ave S Federal Way, WA 98003 Telephone: (253) 835-2547 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal ADDITIONAL CONTACTS King County Metro Transit 81270 6th Ave S, Bldg 2 Seattle, WA 98134 Telephone: (206) 684-2785 City of Federal Way Police 33325 8th Ave S CITY HALL ■ � �� 33325 8th Avenue South ��Yl Federal Way. WA 98003-6325 (253) 835-7000 vwww cityoffederalway com Federal Way, WA 98003 Telephone: (253) 835-6701 (for officer traffic control scheduling) Telephone: (253) 835-6767 (for traffic / road closure issues) South King Fire & Rescue 316171 st Ave S Federal Way, WA 98003 Telephone: (253) 946-7253 Federal Way School District Attn: Transportation Department 1211 S. 332nd St Federal Way, WA 98003 Telephone: (253) 945-5960 1-07.28 Communication with Businesses and Pro a Owners (April 12, 2018 CFW GSP) Section 1-07.28 is added: The Contractor will be responsible for communicating all work activities with the property owners / tenants that are located adjacent to the project. The Contractor, along with the City's inspector & project engineer, shall have one formal meeting (door-to-door project walk-through) with the property owners/tenants prior to the start of construction. It will be the Contractor's responsibility to initiate and set up the meeting. Thereafter, the Contractor shall keep the property owners / tenants informed of their general work locations and upcoming activities by distributing a monthly status/schedule memo to the businesses. The memo shall be approved by the City's Project Engineer prior to distribution. 1-08 PRQSECUTION AND PROGRESS Add the following new section: 1-08.0 Preliminary Matters (May 25, 2006 APWA GSP) 1-08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer, and such other interested parties as may be invited. The purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www Wyoffederalway. com 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction meeting the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 1-08.0(2) Hours of Work (December 8, 2014 APWA GSP) Add the following new section: Except in the case of emergency or unless otherwise approved by the Engineer, the normal working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 6:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the normal working hours stated above, the request must be submitted in writing prior to the preconstruction conference, subject to the provisions below. The working hours for the Contract shall be established at or prior to the preconstruction conference. All working hours and days are also subject to local permit and ordinance conditions (such as noise ordinances). If the Contractor wishes to deviate from the established working hours, the Contractor shall submit a written request to the Engineer for consideration. This request shall state what hours are being requested, and why. Requests shall be submitted for review no later than noon two working days prior to the day(s) the Contractor is requesting to change the hours. If the Contracting Agency approves such a deviation, such approval may be subject to certain other conditions, which will be detailed in writing. For example: 1. On non -Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency 1Gp1GJG11L'QLIVGJ W110 WU11iGU UUllllb' JUl+ll L1111eJ. 1111G I✓11�,'111GG1 111[Ly 1G1iU11G UG61g11CI.lGU representatives to be present during the work. Representatives who may be deemed necessary by the Engineer include, but are not limited to: survey crews; personnel from the Contracting Agency's material testing lab; inspectors; and other Contracting Agency employees. or third -parry consultants when, in the opinion of the Engineer; such work necessitates their presence.) 2. Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. 3. Considering multiple work shifts as multiple working days with respect to contract time PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF .� Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 vvwwcityoffederalway coin even though the multiple shifts occur in a single 24-hour period. 4. If a 4-10 work schedule is requested and approved the non -working day for the week will be charged as a working day. 5. If Davis Bacon wage rates apply to this Contract, all requirements must be met and recorded properly on certified payroll. 1-08.1 Subcontracting (December 30, 2022 APWA GSP, OPTIONA) Section 1-08 is supplemented with the following: Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor shall submit to the Engineer a certification (WSDOT Form 420-004) that a written agreement between the Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor has been executed. This certification shall also guarantee that these subcontract agreements include all the documents required by the Special Provision Federal Agency Inspection. A Subcontractor or lower tier subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Engineer: 1. Request to Sublet Work (Form 421-012), and 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal -aid Projects (Form 420-004). The Contractor shall submit to the Engineer a completed Monthly Retainage Report (WSDOT Form 272- 065) within 15 calendar days after receipt of every monthly progress payment until every subcontractor and lower tier subcontractor's retainage has been released. The Contractor's records pertaining to the requirements of this Special Provision shall be open to inspection or audit by representatives of the Contracting Agency during the life of the contract and for a period of not less than three years after the date of acceptance of the contract. The Contractor shall retain these records for that period. The Contractor shall also guarantee that these records of all subcontractors and lower tier subcontractors shall be available and open to similar inspection or audit for the same time period. 1-08.3 Progress Schedule 1-08.3 1 General Requirements (October 3, 2022 WSDOT GSP, OPTION 2) Section 1-08.3(1) is supplemented with the following: In addition to information required in Items 1 through 6, the Progress Schedule shall include the following milestones and/or activities: 7. Materials requiring long procurement or fabrication periods, such as signal or light poles, structural elements, or mechanical items. 1-08.3 Z A Type A Progress Schedule (December 30, 2022 APWA GSP) PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 cIrr OF Federal Revise this section to read: CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.crryoffederafway com The Contractor shall submit 2 copies of a Type A Progress Schedule no later than at the preconstruction conference, or some other mutually agreed upon submittal time. The schedule may be a critical path method (CPM) schedule, bar chart, or other standard schedule format. Regardless of which format used, the schedule shall identify the critical path. The Engineer will evaluate the Type A Progress Schedule and approve or return the schedule for corrections within 15 calendar days of receiving the submittal. 1-08.4 Prosecution of Work Delete this section and replace it with the following: 1-08.4 Notice to Proceed and Prosecution of Work (July 23, 2015 APWA GSP) Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1-10.1(2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract. (December 1, 2021 CFW GSP) Section 1-08.4 is supplemented with the following. The Contractor shall provide adequate equipment and forces to carry out the construction schedule to completion of the contract by the date specified. 1-08.5 Time for Completion. (December 30, 2022APWA GSP, OPTIONA) Revise the third and fourth paragraphs to read: n +---++; �. > 1..,11 b +1..e firms+ king day � 11.... ing the TATob ,e to Dr...o0 1 Tl +v %- 11ua�L, L1111%, Silaii LA rlii vii uiV. 1113L Jdvrnuar, uay 1VIIV VVII16 Lii�. ivvuw w i ivvwu Law. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. The statement will be identified as a Written Determination by the Engineer. If the Contractor does not agree with the Written Determination of working days, the Contractor shall PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra [ Way Feder Avenue South Federal Way, WA 98003-6325 (253) 835-7000 VVMVciryoff-dwahvay!com pursue the protest procedures in accordance with Section 1-04.5. By failing to follow the procedures of Section 1-04.5, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor is approved to work 10 hours a day and 4 days a week (a 4-10 schedule) and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (per Section 1-07.9(5)). b. Material Acceptance Certification Documents c. Monthly Reports of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. Final Contract Voucher Certification e. Copies of the approved "Affidavit of Prevailing Wages Paid" for the Contractor and all Subcontractors f. A copy of the Notice of Termination sent to the Washington State Department of Ecology (Ecology); the elapse of 30 calendar days from the date of receipt of the Notice of Termination by Ecology; and no rejection of the Notice of Termination by Ecology. This requirement will not apply if the Construction Stormwater General Permit is transferred back to the Contracting Agency in accordance with Section 8-01.3(16). g. Property owner releases per Section 1-07.24 1-08.9 Liquidated Damages (March 3, 2021 APWA GSP, Option B) Revise the second and third paragraphs to read: Accordingly, the Contractor agrees: To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. Liquidated Damages Formula PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Fe d e ra l Way 33325 8w Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com LD=0.15C/T Where: LD = liquidated damages per working day (rounded to the nearest dollar) C = original Contract amount T = original time for Physical Completion When the Contract Work has progressed to Substantial Completion as defined in the Contract, the Engineer may determine the Contract Work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. 1-09 MEASUREMENT AND PAYMENT 1-09.6 Force Account (December 30, 2022 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by the Engineer. 1-09.7 Mobilization (March 22, 2023 CFW GSP) Supplement Section 1-09.7 with the following: Obtaining a site for the Contractor's mobilization, field office(s), storage of materials, access and nercnnnel nnrlkina cnar.Pc and nth Pr oPnaral nnPrntinn-- --hall hp the rP--nnn--ihilitcr of tha (`nntrartnr Tlha Contactor will be responsible for maintaining these spaces in a safe and orderly condition throughout the duration of the project. The Contractor shall provide the City with a copy of agreement(s) with property . owner. All costs associated with securing sites shall be included in the other bid items on the project and no other compensation will be made. 1-09.9 Pa meats (December 30, 2022 APWA GSP) Section 1-09.9 is revised to read: The basis of payment will be the actual quantities of Work performed according to the Contract and as PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL Federal Way Feder Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ewvw cityoffederalway corn specified for payment. The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make a determination based on information available. The Project Engineer's determination of the cost of work shall be final. Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction conference. The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payments. The progress estimates are subject to change at any time prior to the calculation of the final payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form — based on the approved Contractor's lump sum breakdown for that item, or absent such a breakdown, based on the Engineer's determination. 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer. 4. Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 2. The amount of progress payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1-05.1. Failure to perform obligations under the Contract by the Contractor may be decreed by the Contracting Agency to be adequate reason for withholding any payments until compliance is achieved. Upon completion of all Work and after final inspection (Section 1-05.11), the amount due the Contractor PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL '1A Fe d ra WayFeder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 m wv a1yoflederalway. com under the Contract will be paid based upon the final estimate made by the Engineer and presentation of a Final Contract Voucher Certification to be signed by the Contractor. The Contractor's signature on such voucher shall be deemed a release of all claims of the Contractor unless a Certified Claim is filed in accordance with the requirements of Section 1-09.11 and is expressly excepted from the Contractor's certification on the Final Contract Voucher Certification. The date the Contracting Agency signs the Final Contract Voucher Certification constitutes the final acceptance date (Section 1-05.12). If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher Certification or any other documentation required for completion and final acceptance of the Contract, the Contracting Agency reserves the right to establish a Completion Date (for the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the Contract. Unilateral final acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Engineer, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending establishment of a Completion Date and unilateral final acceptance will be provided by email with delivery confirmation from the Contracting Agency to the Contractor, which will provide 30 calendar days for the Contractor to submit the necessary documents. The 30 calendar day period will begin on the date the email with delivery confirmation is received by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract Voucher Certification shall constitute the Completion Date and the final acceptance date (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the Contract will apply to Contracts that are Physically Completed in accordance with Section 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. Unilateral final acceptance of the Contract by the Contracting Agency does not in any way relieve the Contractor of their responsibility to comply with all Federal, State, tribal, or local laws, ordinances, and regulations that affect the Work under the Contract. Payment to the Contractor of partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 1-09.11(3) Time Limitation and Jurisdiction (December 30, 2022 APWA GSP) Revise this section to read: For the convenience of the parties to the Contract it is mutually agreed by the parties that all claims or causes of action which the Contractor has against the Contracting Agency arising from the Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further agreed that all such claims or causes of action shall be brought only in the Superior Court of the county where the Contracting regency 1leauliUalG lG1J is 1VVQIu, prvvilLlilL LuaL Wlllllli ail aV11V11 13 aaO%,LLVU 0.gaiilSL a iviiilLy, 1tV VV 36.01.050 shall control venue and jurisdiction. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to all such claims or causes of action. It is further mutually agreed by the parties that when claims or causes of action which the Contractor asserts against the Contracting Agency arising from the Contract are filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY of CITY HALL 33325 8th Avenue South A Federal Way Federal Way, WA 98003-6325 (253) 835-7000 wwwc#ya►federal way com 1-09.13 Claim Resolution 1-09.13(3)A Arbitration General (January 19, 2022APWA GSP) Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency's headquarters is located, provided that where claims subject to arbitration are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-09.13(4) Venue for Litization (December 30, 2022 APWA GSP) Revise this section to read: Litigation shall be brought in the Superior Court of the county in which the Contracting Agency's headquarters is located, provided that where claims are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. It is mutually agreed by the parties that when litigation occurs, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. END OF DIVISION 1 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF Federal Way DIVISION 6 STRUCTURES -02 CONCREXE STRIICTURES 6-02.3 Construction Requirements CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wvwv66vffederahvay. com 6-02.3(2)A Contractor Mix Design (December 16, 2022 CFW GSP) The first sentence of the first paragraph of Section 6-02.3(2)A is deleted and replaced with the following: The Contractor shall provide a mix design in writing to the Engineer for all classes of concrete. 6-02.3(2)B Commercial Concrete (December 16, 2022 CFW GSP) The last sentence of the first paragraph of Section 6-02.3(2)B is deleted and replaced with the following: Commercial concrete requires mix design and source approvals for cement, aggregate, and other admixtures. Section 6-02.3(2)B is supplemented with the following: The concrete class requirements in paragraph one and two are applicable for Type I/II Portland cement. See Section 9.01.2(1)B for requirements for Type 1L cement. END OF DIVISION 6 PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 CITY OF CITY HALL ��. Fe d e ra ! Way Feder 8th Avenue South Federal Way, WA 9803-6325 (253) 835-7000 www.cryaffedera1m)y com EXHIBIT H REQUEST FOR STATEMENT OF QUALIFICATIONS PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 I. II. CITY OF FEDERAL WAY REQUEST FOR STATEMENT OF QUALIFICATIONS ARCHITECTURAL AND ENGINEERING DESIGN SERVICES PURPOSE OF REQUEST The City of Federal Way ("City") is soliciting statements of qualifications and performance data from architects and engineers in connection with performing services for the City pursuant to Chapter 39.80 RCW. The City's needs are outlined in the following Request for Statements ("Request"). TIME SCHEDULE The City will follow the following timetable: Issue Request for Statements September 22, 2023 Mandatory Site Visit October 5,2023,10:00am Deadline for Submittal of Responses to Request October18,2023,3:00pm Interview Firms(s) October 24, 2023 Issue Notice of Intent to Award November 6, 2023 III. INSTRUCTIONS TO PROPOSERS A. All Responses to Request for Statements shall be emailed to: Autumn Gressett, Contract Administrator City of Federal Way autumn.gressett@cityoffederalway.com B. All e-mailed proposals must be clearly labeled in the subject line with "Statement of Qualification for Federal Way Community Center Locker Room Renovations." All hard copy proposals must include three (3) copies of your Statement of Qualifications ("SOQ") in a sealed envelope and clearly labeled in the lower left corner "Statement of Qualification for Federal Way Community Center Locker Room Renovations." No faxed or telephone statements will be accepted. The maximum file size that can be accepted via email is 10.0 MB. C. All SOQs must be received by 3: 00 pm on October 18, 2023, at which time they will be opened. -1- Rev. 6/23 D. SOQs should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements ofthe request. Special bindings, colored displays, promotional materials, etc. are not desired. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever practicable. E. Autumn Gressett, Contract Administrator, or representative will notify the firm selected by November 6, 2023. Any questions concerning the City's specifications or Request process shall be directed to Autumn Gressett, Contract Administrator via e-mail at autumn.gressett@cityoffederalway.com no later than one (1) week prior to the submittal deadline. F. All SOQs must include the following information: 1. Firm Overview o Name o Address o Phone Number o Website o Contact Person o Contact E-mail o Brief History of the firm including length of time firm has been in business as presently organized 2. Experience o Provide a minimum of three projects similar to this or that address similar issues; include Project name, Owner Name, Square Footage o List previous experience working with WSDOT Standard Specifications o Provide a comprehensive list of Community Center projects your firm has designed, including square footage, estimated cost and actual cost o Provide a list of public projects your firm has designed, including estimated completion date, actual completion date, estimated cost and actual cost 3. Personnel o Names of individuals from the firm who will be working on the project and their areas of responsibility. o Specific Experience of individuals relative to the proposed project, including any licenses and certifications held by those individuals. - 2 - Rev. 6/23 4. The firm's general approach to the project. 5. Completion Date o Proposed outline of tasks and products, including the number of hours required to complete each task or product o Proposed project schedule based upon desired timeline referenced in Scope of Services o Describe your past performance relative to achieving cost and schedule goals 6. References o Provide three recent references, preferably from public projects IV. SELECTION CRITERIA The following factors will be used to evaluate your SOQ and determine whether your firm will be selected to commence negotiations with the City regarding any contract: Factor Weight Given 1. Responsiveness of the SOQ to the 15 points maximum purpose and scope of services. a. Attended pre -proposal site visit 5 points maximum b. Ability to meet desired timeline 5 points maximum C. Submittal meets all criteria 5 points maximum 2. Ability and history of successfully completing 65 points maximum contracts of this type, meeting projected deadlines, experience in similar work. d. Experience with Project Planning 5 points maximum e. Project Design Concepts 5 points maximum f. Knowledge and Experience with King 5 points maximum County and Federal Requirements 5 points maximum g. Experience with Financial Management 5 points maximum h. Experience with Contract Management 5 points maximum i. Experience with Competitive Bid Process 5 points maximum j. Experience with Construction 5 points maximum Management and Observation k. Experience with Project Closeout 5 points maximum 1. Ability to meet Schedules and Deadlines 5 points maximum M. Control of Costs 5 points maximum - 3 - Rev. 6/23 V n. Past experience within Community Centers o. Past Experience with Public Committees 3. References, key personnel. a. Staff to be assigned b. Staff experience C. Three References provided d. References are from public projects Total Criteria Weight 5 points maximum 5 points maximum 20 points maximum 5 points maximum 5 points maximum 5 points maximum 5 points maximum 100 points maximum Each SOQ will be independently evaluated on factors 1 through 3. TERMS AND CONDITIONS A. The City reserves the right to reject any and all SOQs, and to waive minor irregularities in any SOQ. B. The City reserves the right to request clarification of information submitted, and to request additional information from any contractor. C. The City reserves the right to award any contract to the next most qualified contractor, if the successful contractor does not execute a contract within thirty (30) days after the selection of the contractor. D. Any SOQ may be withdrawn up until the date and time set above for opening of the SOQ's. Any SOQ not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to provide to the City the services described in the attached specifications, or until one or more of the SOQ's have been approved by the City administration, whichever occurs first. E. The contract resulting from acceptance of a SOQ by the City shall be in a form supplied or approved by the City, and shall reflect the specifications in this Request. A copy of the contract is available for review, and shall include requirements to comply with ADA, Civil Rights Act, and EEO requirements. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this Request, and which is not approved by the City Attorney's office. F. The City shall not be responsible for any costs incurred by the firm in preparing, Submitting, or presenting its response to the Request. - 4 - Rev. 6/23 G. The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. H. The City, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing autumn.gressett@cityoffederalway.com or by calling 253-835-6914. VI. SCOPE OF SERVICES The City has a need for a multidisciplined team of architectural, mechanical, and electrical consultants to provide interior space improvements to the Federal Way Community Center (FWCC) locker and shower rooms (both men's and women's), family cabanas, wet sauna, dry sauna and related spaces. The areas mentioned are showing signs of significant deterioration, evidenced by failure of ceramic wall tiles, gypsum wall board, and painted surfaces due to continuously moist, wet conditions in those spaces. Metal studs are becoming corroded, and wall insulation is wet and/or showing signs of being wet. In a recent conditions assessment report provided to the City Council (see Attachment A) it was recommended that a redesign and renovation of architectural, mechanical, and electrical systems and finishes associated with these areas be performed to correct the deficiencies and ensure longevity ofthe safe, enjoyable use of these well -used facilities. Desired Timeline: 1. 30% Complete — January 2024 2. 85% Complete — February 2024 3. 100% Complete —March 2024 4. Approved Permits Issued — June 2024 Design services include, but are not necessarily limited to: 1. Provide concept drawings, design development documents, permit set, and bid documents (plans and specifications). The City adopts the most current version of the WSDOT Standard Specifications and Amendments modified by the City's Special Provisions. 2. Coordinate work with the City and all jurisdictional authorities for review and issuance of all required permits. - 5 - Rev. 6/23 3. Review of existing conditions from continuous use and deterioration of some finishes, fixtures, and equipment from water and moisture damage over time. The interior finishes, fixtures, equipment, and mechanical and electrical systems shall be designed to resist damage due to damp operating environment. 4. Design shall include selective demolition of interior finishes and replacement with new, water-resistant finishes, fixtures; and equipment. 5. The Design Team shall consider salvaging all systems that have useful design life, such as ACT and hard lid ceilings, ceramic tile flooring, mechanical and electrical systems, lockers and plumbing fixtures for reuse. 6. Design shall take existing HVAC system into consideration when making recommendations to improve ventilation and exhaust and reduce buildup of humidity and damp environment. 7. Design shall consider phased construction to allow sequencing of work to keep showers and locker use available for public use. 8. Provide construction bid support, provide clarifications to contractors for plan and specification questions that arise during bidding, and prepare addendums. 9. Provide construction assistance; review and respond to design questions and submittals from the contractor, and prepare record drawings. Attend preconstruction conference. 1 O.Consultant to coordinate and develop materials (such as storyboards) for public open houses (anticipate two open houses). All consultants proposing on this project shall attend a mandatory pre -proposal site visit at the Federal Way Community Center on October 5, 2023, at 10:00am prior to submitting statement of qualifications. Design teams proposing services shall agree to contract with the City of Federal Way utilizing the City's contract and terms identified therein. VII. COMPENSATION A. Upon selection of the most qualified firm on the basis of demonstrated competence and qualifications for the type of professional services required, the City will negotiate a price which it determines is fair and reasonable. If the City is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm will terminate and the City may select another firm. B. Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. C. - 6 - Rev. 6/23 VIII. PUBLICATION This Request shall be published as follows: Name of Publication: Dates: MRSC _9/22/2023 Federal Way Mirror 9/22/2023 - 7 - Rev. 6/23 ATTACHMENT A Page intentionally left blank - 8 - Rev. 6/23 J .5 ROCK April 24, 2023 Autumn Gressett City of Federal Way 31510 Pete von Reichbauer Way S. Federal Way WA, 98033 Re: Community Center Locker Rooms, Showers, and Cabana Space Improvements Project Dear Autumn, 1601 E Valley Rd, Suite 110 Renton, WA 98057 T 425.572.6878 www.rockpmservices.com Thank you for the opportunity to review Federal Way Community Center's (FWCC) locker.rooms, showers, cabanas and related spaces over the past two weeks. Based on our review, we have prepared the following information for your use: 1. Summary of Key Findings 2. Options for Corrective Work, with Recommendation of a Preferred Option 3. Scope of Work Suggestions for Project Implementation Consideration 4. Existing Conditions Assessment and Photographic Record Under separate cover, we will send you the complete detailed assessment checklist and photographic record. If you have any further questions regarding the information we have provided, I would be pleased to meet with you, other City staff, or City leadership to discuss the project further, our recommendations, and the importance for corrective work. Please know this was a limited study, and it is our recommendation that a design team be hired to provide additional assessments as design solutions are being considered. It is also our recommendation that the City utilize a project management/construction management team to oversee the design and construction phase of this project, due to the complexities of phasing construction work in an active, operating facility, which will require substantial coodination. Sincerely, ROCK PROJECT MANAGEMENT SERVICES, L.L.C. 4 &44) tZ 1/6111 'Ut� Bernie O'Donnell President ROCK PROJECT MANAGEMENT SERVICES, L.L.C. Page 1 KEY FINDINGS Federal Way Community Center Background. The City of Federal Way Community Center facility located at 876 S. 33`d Street, opened in 2008, 15 years ago. The facility promotes enrichment, fitness, and athletic and educational opportunities that are invitingto all ages, abilities, and cultures. Open Monday — Friday from 5:30 am to 9:30 pm and open until 6 pm on weekends, the facility endures almost continuous use. A centralized area for men's lockers and showers, women's lockers and showers, and family cabanas, a steam room, and a sauna are available for facility users, and sees substantial use during all operating hours. The locker rooms and shower areas are showing complete deterioration of ceramic wall tiles, and gypsum wall board (GWB, aka sheetrock) and painted surfaces are showing signs of failure due to the continuously moist, wet conditions in those spaces. FWCC — Main Floor i'iwi FWCC — Enlarged Floor Plan of Men's, Women's Locker Rooms and Showers The City contacted Rock Project Management Services, L.L.C. (RPM) for assistance in assessing the existing conditions, providing recommendations, and defining a project scope of work for corrective work. The following is our assessment of the conditions, key findings, options for corrected work, and our recommendation of the most prudent scope of work to correct the deficiencies. Page 2 Summary of Existing Conditions Assessment and Key Findings. Overall, the locker rooms, showers, cabanas, and associated spaces are in poor condition with some areas in very poor condition. The spaces need prompt corrective work to ensure safe, healthy spaces for public use. Specific areas of deficiencies and concerns are as follows: 1. The wet environment is causing delamination of ceramic tiled walls and flooring from the backup wall GWB, and rusting of metal wall framing, metal fixtures, and grilles, registers, and diffusers. GWB and metal wall framing is damaged from a water -soaked condition, causing the GWB to expand, surface paper to delaminate from the gypsum rock, gypsum rock to become soft, and the metal studs are rusting from the ground bottom track upwards 1-3 feet above the floor. 2. We have observed that the mechanical system does not appear to be designed properly to adequately exhaust moisture from the spaces. The supply and exhaust systems are hard ducted (no shared return air plenums) but the supply diffusers and exhaust grilles are not adequate to supply fresh air and remove damp air. Several areas have no supply or exhaust, and several common areas have supply diffusers but few exhaust grilles. All exhaust grilles and exhaust ducting appear to be undersized. This may be a cause for inadequate air exchanges in the spaces which creates a constant humid air buildup compounded due to operations of the steam room, sauna, showers, and adjoining swim areas. 3. The ceilings are in good shape. The ceiling tile is a wet -environment type acoustic ceiling tile compatible for the conditions. Space above the ceilings is clean and dry, and shows little sign of rusting conduits or piping. 4. Between the back plumbing walls of the cabanas, and the back walls of the showers and restrooms are utility "utilidor" chases, accessible through large access panels. These utilidors show clear evidence of water infiltrating through ceramic file and grout lines, into the backup GWB wall assembly, and ponding at the base of the walls allowing rust and delamination of materials to occur. This is most notable from the ground bottom metal framing tracks up to about a 3' level above the floor. 5. Ceiling and wall mounted grilles, registers, diffusers, access panels and other non -stainless steel or aluminum fixtures show signs of rust. Maintenance crews paint the rusting fixtures regularly but does not eliminate the problem of rusting metals in the consistently moist environment. 6. Concrete Masonry Unit (CMU) walls along the corridors between the cabanas and the men's and women's locker rooms are structurally solid and show no signs of decay. However, these CMU walls show efflorescence (white salts) from a damp CMU interior core, and painted CMU conditions show delamination or bubbling of the paint due to moisture escaping from the interior of the CMU walls. A building systems checklist is attached with details of our assessments of existing conditions beginning on Page 8 and includes a photographic record of areas of concern. Page 3 OPTIONS FOR CORRECTIVE WORK Option No. 1— Do Nothing. As a baseline, this is always an option for public owners that may lack capital funds improve existing conditions, or lack general funds to make maintenance repairs to prolong the life of existing building systems and finishes. It is our opinion based on physical examination of existing conditions, a do-nothing option creates an unacceptable safety and health concern to the general public using these spaces. It is also our opinion that these conditions will continue to worsen if not addressed soon, creating further damage to building systems and finishes; with increased costs, and worsening safety and health conditions. Option No. 2 — Interim Solution. If the City lacks funding to completely renovate the locker rooms and cabana areas, and correct the apparent mechanical system design/functions, an interim solution could afford 2-3 years of additional time before major repairs and complete demolition and reconstruction is necessary. The bulk of damage to ceramic tile walls and backup GWB, and metal studs are at the lower 3 feet of all walls. Removal of ceramic tile, back-up GWB and selective removal of rusted metal wall framing and replacing with new building materials would address immediate safety and health concerns with the delaminating ceramic tiles, water soaked GWB, and rusting metal framing. Grilles, registers, and diffusers could be sanded down to remove rust, and repainted (as maintenance crews have reported has been done in the past), and the existing mechanical exhaust system could be upgraded or controlled for constant, higher volume exhaust. The cost of the work is estimated to be in the $350,000 to $450,000 amount for construction. Replacing in -kind likely would not require a building permit, and operations shutdown would be necessary only for specific areas being corrected. We estimate this option could be completed within a four -month timeframe. This is not a preferred solution because it does not solve the long-term problem of the damp environment and the remaining existing building systems and finishes that will continue to slowly decay. There are likely areas that are decaying due to water saturation but have not shown in the delamination of ceramic tiles or other finishes, yet, but will over time. Option No. 3 — Recommended Solution. It is our recommendation that all areas be reconstructed with new water-resistant materials, and the mechanical supply and exhaust system be upgraded. All locker room areas, shower stalls, adjoining restroom areas, all cabanas, the sauna, and steam room, and all adjoining common areas and corridors be reconstructed by removing all interior walls, ceilings, and floor finishes to expose existing metal stud walls, ceiling supports, and floor underlayment. Any signs of rusting metal stud wall framing should be replaced with new metal stud framing. Work above the ceilings does not appear necessary due to water damage however the layout of supply registers, and exhaust grilles need to be designed and likely increased, and lighting should be upgraded, necessitating ceiling replacement. Our preliminary assessment is the existing exhaust fans and air handling units are sufficiently sized to accommodate added supply and exhaust ports to allow additional ventilation and exhaust of the spaces, but this will need to be confirmed by a mechanical design engineer. We anticipate the amount of selective demolition will be substantial based on observations of "behind the wall' conditions of rusted stud wall framing and support structures, saturated insulation, and delaminated gypsum wall board assemblies. Salvaging wall -mounted and ceiling -mounted equipment and components for re -use is not suggested, due to the high likelihood of damage during demolition work, storage, and reinstallation, however this can be a bid alternate for contractors to price in lieu of new. Page 4 This preferred solution would require a phased approach to upgrade the women's locker rooms, restrooms, and showers first, then the men's locker rooms, restrooms and showers second, and as a last phase, the cabanas and common corridor spaces would be upgraded. The cabanas would serve as the interim space for use by women in phase one, and by men in phase two. The cabanas would be shut down during phase three. The rough order of magnitude costs for Option 3 is $1,700,000 and likely will take fourteen months to design and construct due to phasing requirements necessary to keep the facility operations active. Below is a preliminary project schedule and summary -level budget estimate. City of Federal Way -Community Center Locker Rooms Upgrades Project Summary Level Schedule ect Phases Authorization to Proceed with Project Procurement for Design Services gn Phase, Permitting Phase Authorization to Advertise, Bid, Award Yruction - Phase One - Women's Areas itrvction - Phase Two - Men's Areas A action - Phase Three - Cabanas ,traction - Mechanical Upgrades Summary Level Budget Project Management Services $ 85,000 Design and Permitting Services $ 160,000 Construction, Phase 1- Women's $ 400,000 Construction, Phase 2- Menrs $ 400,000 Construction, Phase 3, Cabanas $ 350,000 Construction, Much. Upgrades $ 120,000 Project Contingency $ 185,000 Project Estimate: 51,700,000 Page 5 SCOPE OF WORK SUGGESTIONS Suggested Scope of Work based on Option No. 3 — Recommended Solution: General Project Scope of Work: The Project shall consist of design and reconstruction of interior finishes, fixtures, furnishings, and equipment of the Federal Way Community Center Locker Rooms, Showers, Cabanas, and associated areas. Some revisions to the HVAC system are likely necessary to decrease humidity and increase fresh air and ventilation. The General Project Scope of Work includes, but may not be limited to the following: 1. Selective demolition of all ceramic file flooring, walls, and ceilings, GWB backup walls, and any metal stud walls or ceiling support framing that shows signs of decay or rust. Replace with new, improved materials suitable for a wet indoor environment of the showers, locker rooms, and restrooms. Flooring material shall be slip resistant for a wet environment. 2. Replace all plumbing fixtures with water -efficient fixtures, compliant with ADA and Energy Code. 3. Replace all lighting with LED lighting fixtures compatible with damp interior environments. 4. Replace rusting access panels, mechanical grilles, registers, diffusers and other metal finishes with signs of rust or deterioration, and replace with stainless steel or aluminum, water resilient products. 5. Review and replace with improved exhaust and ventilation system after review of existing design function. 6. Replace all lockers and benches, toilet partitions, accessories, and vanity countertops with new. 7. All areas shall be ADA compliant and meet all jurisdictional requirements. The work will be completed in phases, to allow use of lockers and showers for all facility users. Preliminary phasing is anticipated as: Phase 1— Women's restrooms, showers, lockers shut down to reconstruct. Women will use the Cabanas during this phase. Phase 2 — Men's restrooms, showers, and lockers will be shut down to reconstruct. Men will use the Cabanas during this phase. Phase 3 — Once both Phases 1 and 2 are complete, the Cabanas and other associated spaces will be reconstructed. Design Scope of Work — For issuance of an RFQ and Inclusion into a Professional Services Agreement: Provide multidiscipline design services including architectural, mechanical, and electrical services to provide interior space improvements to the Federal Way Community Center (FWCC) locker rooms and shower rooms, (men's and women's) and cabana rooms. Design services shall include, but not necessarily limited to: 1. Provide concept drawings, design development documents, permit set, and bid documents (plans and specifications) for the renovation of the FWCC locker rooms and showers and associated spaces and systems. 2. Coordinate work with the City of Federal Way and all jurisdictional authorities for review and issuance of all required permits. Page 6 3. Review of existing conditions from continuous use and deterioration of some finishes, fixtures, and equipment from water and moisture damage over time. The interior finishes, fixtures, equipment, and mechanical and electrical systems shall be designed to resist damage due to damp operating environment. 4. Design shall include selective demolition of interior finishes and replacement with new, water- resistant finishes, fixtures, and equipment. 5. The Design Team shall consider salvaging all systems that have useful design life, such as ACT and hard lid ceilings, ceramic tile flooring, mechanical, and electrical systems, lockers for re -use, plumbing fixtures for reuse. 6. Design shall consider existing HVAC system design and potential recommendations to improve ventilation and exhaust and reduce buildup of humidity and damp environment. 7. Design shall consider phased construction to allow sequencing of work to keep showers and locker use available for public use. All Prime consultants proposing on this project shall attend a pre -proposal site visit prior to proposing services. Contact the City of Federal Way [contact info needed] to coordinate site visit. Design Teams proposing services shall agree to contract with the City of Federal Way utilizing the City's PSA contract, and terms identified therein. Construction Contract Scope of Work — Considerations for issuance of Bid Documents and public bidding, as a design -bid -build contract: Based on final design requirements, we believe the scope of work will be clear in the bid documents, for bidding purposes, however the scope of work for the Contractor should be clear at bidding time regarding all special requirements, to minimize the potential for change orders during construction due to unique working conditions: 1. Contractor shall anticipate in its bid, the requirement for phased construction sequenced in a manner to minimize disruption to facility users. Construction areas shall be clearly marked and secured from public access. Building egress and life safety systems shall not be impeded during or as a result of construction at anytime. 2. Utility shutdowns and tie-ins for construction activity must be planned and scheduled with the City to minimize building operations. Utility shutdowns should occur during non -business hours to minimize disruption. 3. The contract shall require a complete schedule that shows construction activity fully coordinated with FWCC operations, to ensure work is fully coordinated with FWCC functions. 4. The contract shall stipulate areas for storing material in a secure on -site location, or if no on -site location is available, the contract shall state that project materials shall be stored off -site until able to be utilized, on a just -in -time construction basis. 5. A pre -bid walk-through of the actual conditions and a pre -bid conference should be conducted to ensure all bidders are fully aware of the project constraints, for fair, competitive bidding. Page 7 EXISTING CONDITIONS CHECKLIST ASSESSMENT AND PHOTOGRAPHIC RECORD The FWCC locker rooms, showers, cabanas, and associated areas and building systems have been assessed for current conditions based on the following scale: 1. Very Good Like new, no defects, performing as intended 2. Good Minor defects, good condition, performing as intended 3. Fair Some major defects, moderate condition, still functioning as intended with increased service requirements 4. Poor Major or minor defects, critical condition, not functioning as intended, requires significant servicing, at or near its intended lifespan 5. Very Poor Major and minor defects, critical condition, not functioning as intended, risky to safety and health, exceeds its intended lifespan The intent of the condition assessments is to establish an overall general state of the facility areas assessed and to establish the level of repair or replacement. We qualify the assessments as not exhaustive, but to provide a general assessment based on a review of each major building system, component, equipment, and finishes. Conclusions are a consensus of judgment based on the best information available, site observations, discussions with maintenance staff, and any other additional information available to the reviewers. Because the review was conducted by a multi -disciplinary review team, we have a high level of confidence that actual current conditions reported are reasonable to inform the necessary repairs and improvements needed. The RPM review team included: • Bernie O'Donnell. Overall Building Systems and Finishes Conditions Assessments (Structure and Foundations, building settling, structural cracks, roofing systems, water intrusion, MEP systems) • Josephine Bayan, PMP. Overall Building Systems and Finishes Condition Assessments (Code Compliance, Egress, Ratings Assemblies, ADA, Water Intrusion) • Lisa Couret, CMIT. MEP Systems and Utilities Condition Assessments (Mechanical, Electrical, Lighting, Life Safety Systems, Utilities, Drainage) The following checklist identifies existing conditions of the building areas assessed, followed by a photographic record of specific areas of concern. Page 8 CITY OF FEDERAL WAY PUBLIC FACILITIES CONDITION ASSESSMENT CHECKLIST FEDERAL WAY COMMUNITY CENTER - LOCKER ROOMS, SHOWERS, CABANAS, AND ASSOCIATED SPACES ROCK SITE INFORMATION ASSESSMENT DATE 4/7/2023, 4/12/2023 "Will Summary of Condition Assessment: The overall condiflon of the areas assessed are poor to very poor and (here are signs Thal the condllfons are going to continue to deteriorate due to the steady moist environment. Ceramic Tile, backboard Gypsum wall Board (env B1. ASSESSORS O'Donnell, Bayon, Couret and Metal Stud Wall Framing are failing, with loose and missing tiles, tiles that have detached from the backup GWB, GWB that has '�,vleked" up moisture and delaminated the surface paper of the GWB from the Gypsum, Metal studs are rusty and corroded, mostly at the base sill areas where moisture and water accumilate. Wall insulation is wet and/or shows signs of being wet. Metal finishes in the locker roams, restrooms, showers, cabanas, and common spaces in these areas are rusting. Above the finished ceiling, the areas are dry, and there is no indication of water damage. Ceiling finishes (hard lid GWB and Water Resistent Acoustic Ceiling Tiles) are in relatively good ADDRESS 876 S 333rd Street SITE AREA 72,000 CURRENT USE Community Center YEAR CONSTRUCTED 2007 shape. Plumbing fixtures (faucets, sinks, shower heads) are in fair condition for the age of the facility. The areas of rust and sharp edges in EFFECTIVE AGE 16 Years some spaces are areas of safety concern. There are signs of limited mold at the base of the utilidor (no public access) that will likely CONSTRUCTION CLASS STRUCT STEEL. CONC. spread over time, creating potiential indoor air quality environmental concerns if not addressed soon. Overall, the poor to very poor condillonS need to be corrected. CONDITION COMMTASK •:ERVATIONS ZONING ITEM OF - OFFICE PARK INTERIORS 1 WALLS VERY GOOD GOOD FAIR POOR VERY POOR X walls are generally observed as water damaged. 2 TRIM Trim that is metal is rusting, despite maintenance crews painting trim work regularly. 3 PAINT X Painted finishes are peeling at the base of some sections of the interior walls, and bubbling at CMU walls. 4 WINDOWS (RECITES) X Interior glazing, mirros are in good shape. Floors are ceramic tile, adhered to slab on grade concrete. Floors are in fair shape except where the floor s FLOORS X transitions up the wall base, and the backing and tile are delaminating from one another. 6 STAIRS NA Ceilings are hard lid, GWB in the cabanas and common corridor areas, and water -resilient ACT in the locker room i CEILING X areas. Both are in fair condition considering the age of the facility, and do not show signs of water damage except where metal components (grilles, registers, diffusers) are rusting. B EVIDENCE OF PESTS NA No signs of pests or insects in any spaces 9 APPLIANCES X The wall -mounted swim wear spinning device to remove water from swimwear appears to function fine. 10 DOORS, DOOR HARDWARE X Aluminum doors are in fair . ipe, but some non -aluminum metal hinges and screws are rusting. MECHANICAL I� .. The Supply and Exhaust appears to undersized and poorly designed to provide adequate ventilation and removal of moist air from the spaces. Spacing between supply diffusers and exhaust grilles are too close to one another to 11 HVAC X be optimally effective. Supply diffusers and exhaust grilles appear to be undersized (general observation, no mechanical design talcs. conducted). Grilles, Registers, and Diffusers are rusting, despite maintenance crew painting. 12 HVAC FILTERS X here is evidence of regular preventative maintenance conducted. Grilles, Registers, and Diffusers are rusted and in very poor condition. The Rooftop AHU and EF's are in good 13 HVAC INTAKES & RETURNS X hape. Page 9 TASK ITEM 14 EXHAUST VERY GOOD GOOO FAIR 11OOR V�RY POOR X COMMENTS/OBSERVATIONSCONDITION The Exhaust is non-existent in several common corridors where there is moist conditions, other areas the exhaust appears to be undersized for the space 15 LIGHTING X Lighting conditions are fair, but new energy -efficient LED light fixtures should be considered with any area improvements made. 16 LIGHTING - FIXTURES X Lighting fixtures in some areas are fluorescent lamps. 17 LIGHTSWITCHES X e noted a couple locations where the motion sensor for lighting is blocked by wall mounted items, which may not allow motion to be detected. 1B ELECTRICAL OUTLETS X 19 ELECTRICAL PANEL X 20 PANEL CLEARANCE NA Not observed 21 ELECTRICAL METERS NA Not observed 22 LOW VOLTAGE SYSTEMS, DATA NA Not observed 23 SINKS X Sinks are in fair shape. 24 FAUCETS X Faucets are in fair condition for age, but water -efficient fixtures should be considered in any future upgrade projects. 25 RUNNING WATER X No water leaks from faucets or other plumbing or drain lines detected. 26 TOILETS X Toilets are in fair condition, though water -conserving options should be considered with any future projects, 27 SHOWER ROOM X Ceramic tile are loose, delaminating from backer wall, GWB backerwalls are largely failing in most locations, including rusting of metal stud framing. 2e BATHTUB NA None 29 WATER HEATERS NA Not observed 30 EVIDENCE OF WATER DAMAGE X Substantial evidence of water and moisture damage throughout all spaces and is the primary concern of this teport. 31 RESTROOMS X Restroom toilet partitions are floor mounted. Wall mounted are highly suggested with any future space Improvements, for ease of cleaning/mopping wet floors. Layout is tight for ADA comp(jartm. 32 FIRE ALARM AND RELATED LIFE SAFETY DEVICES X Pre sprinkler head was identified as Compromised in a cabana (corroslon;. 33 WET/DRY SUPPRESSION & STANDPIPES NA 34 FIRE ALARM MONITORING NA 35 SMOKE DETECTORS X A pears to be functioning as designed, not observed in emergency conditions. 36 CARBON MONOXIDE DETECTORS NA Not observed 37 EGRESS X Egress appears to meet all applicable codes. 36 EGRESS CLEARANCE X Egress clearance if fair, no exit corridors blocked or encumbered. 39 EGRESS SIGNAGE X Did not test exit signs in emergency test mode, but appear to be functioning as designed. 40 FIRE EXTINGUISHERS X lCertified 41 FIRE EXTINGUISHER CABINET X Certified 42 EMERGENCY SHUT-OFF/DISCONNECTS NA Not observed 43 GROUNDING SYSTEMS X If exists, corrosion is likely. 44 SECURITY SYSTEMS & ACCESS CONTROLS NA Not observed 45 BUILDING STRUCTURE - Concrete/CMU/Wood X Visual observation of structural Steel, concrete and metal pan decking are in good shape. Page 10 Page 11 CITY OF FEDERAL WAY - COMMUNITY CENTER FACILITIES CONDITION ASSESSMENT LOCKER ROOMS, SHOWERS, & CABANA AREAS PHOTOS OF EXISTING CONDITIONS Page 12 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Gypsum V�/ellbooro' m the Ccbcnno, Fec�,E''o1 V/ay Cammunii p Celn�ci' - F,roor Tiles Federal Vvoy Commurr+ry Cen.er ri ,rAlerGr Stuns - irles Failino - Cobano 5 1=c-c�.,. IhiayC.,..„„uvu`wCer�'ei-"„`ois�ure-��okecl%i��ll Page 13 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS FederollldayComrnunity Center —Rostec'I0letol Stud Wall Assembly Federol Woy Community Center— Unsealed, Broken, Federal VVoy Community Center - Rusty l0etol Access .Panel *o UtiiioorBehind Page 14 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center— Unsealed, Loose Tiles Federal Way Community Center —Shower - Cabana 2 Federal Way Community Center— Moisture -soaked Walls Federal Way Community Center — Cabana 2 Page 15 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Ono It Federal Way Community Center— Base Deterioration at Cabanas Federal Way Community Center— Entry to Cabana 5 Federal Way Community Center —Shower in Cabana 5 Page 16 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center — Floor Mounted Toilet Partitions Federal Way Community Center— Entry to Cabana 2 Moisture -soaked. Federal Way Community Center— Entry to Cabana 4 Page 17 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Ceramic Tile Wall Assembly Failure at Cabana 4 Federal Way Community Center— Deterioration, Safety, Hazard in Cabana i f; Federal Way Community Center Pool — Tiles Failing at Cabana Page 18 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center— Fluorescent Lighting U1 Federal Way Community Center— Rusty, Undersized Supply Diffuser Federal Way Community Center — Wall Mounted Exhaust Federal Way Community Center - Overview of Typical Cabana Layout Page 19 \ ion y�� &( j_ /. � \ FEDERAL WAY COMMUNITY CENTER — WOMEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal ioyComm u-nity Center - Con dmon un eurerc2 CD Lln tertOOS Federal Way Community Center- Deterioroting Wall Koala ire l � � Federal i�Jay Commumry �enrc-� - �,.�.- n%ul; ��,�„�io„ Federal V6/oy Community Center -ShowerA'reo Page 21 FEDERAL WAY COMMUNITY CENTER - WOMEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center— Base of 'Alai., Deteriorating Federal Way Community Center— Central Area of Women's Locker Room Federal Way Community Center— Tiles Failing Federal Way Community Center— Typical Layout of a Locker Area Page 22 FEDERAL WAY COMMUNITY CENTER — MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS 1 I S r+ sa Federal Way Community Center -- Centroi Area of Men s Locker Room AL �i`� l • . f � '11 1'. r 1 Federal Woy (-orjmunar ,renter — 8ase burside Showers Undersized Page 23 FEDERAL WAY COMMUNITY CENTER - MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS and GWB Deteriorating Federal Way Community Center— Circulation Space Federal Way Community Center— Ceramic Tile Damage Federal Way Community Center— Concrete Masonry Block Base Wall Damage Wall Paint Bubblina Page 24 ;x FEDERAL WAY COMMUNITY CENTER — MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Blocked Federal Way Community Center— Men's Locker Room Sinks and Countertops Federri Ae Y+_ommunity Center— Men Locker Room Ceilings Good Shape Federal Way Community Center — Men's Locker Room Area Rust and Deterioration Page 26 FEDERAL WAY COMMUNITY CENTER — MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS �5 � :-� L.�-tom-. -.'•. \� `:� L- �- 'i:�":. ii- �Federa�I' oq+�rrYunYfy+ �ri`Cer = ear a�Y� Area Wall base Condition _ice _-�-__•—__� i - Federal Way Community Center— Men's Shower Stalls — Soft Wolls Behind in Locations � .-.oern: A. lv �-nmmunity Center— Men's Restraarn Urinals - Tile Should Be Full Height Federal Way Community Center— Men's Shower Stalls Tile Deteriorating Page 27 FEDERAL WAY COMMUNITY CENTER - OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Ducting Good But Undersized Federal Way Community Center — Above Men's Locker Room - Space is Dry Federof Way Commun _ enter — Above Men s Locker Room GWB Water Resistant Board w Federal Way Community Center — Access Panel to Utilidor in Cabana — Signijicont Rust Page 29 FEDERAL WAY COMMUNITY CENTER — OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS 'ails Retaining Moisture Federal Way Community Center — Men's Above Ceiling Terminal Exhaust Fan Ductwork Federal Way Community Center — Interior of Utilidor Walls -Bock Side of Cabana Walls Federal Way Community Center — Men's Area -Air Supply Diffuser Sign of Rust Page 30 FEDERAL WAY COMMUNITY CENTER --OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS ^CjCrCi �•'n;� ��0 ^7777(771f t�/ r'r '�rC7 �'�� •'� .S !�4ft C: SCCl7:7^. . of Exhaust Appears Undersized wpm jp_p �i Federal Way Community Center — Rooftop Exhaust Fan e linter RoditapAHUSupply to Locker Room Areas Federal Way Community Center —Saturated Wall Insulation Wickina Water Page 31 FEDERAL WAY COMMUNITY CENTER --OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS -- m 6,- Federal Wov Community Center - Sprinkler ,dead Condition Federal Way Community Center —Supply and Exhaust rerlerot 'Alrry I-mmrjn;ty Ce-fe• - Metol Pon Concrete UooerFloor Federal Woy Community Center— Uninsuloted Copper Page 32 FEDERAL WAY COMMUNITY CENTER -- OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal VVpy Cammuniry Center - Utilido' Compie- Failure Mtl Stud and GWB Federal Way Community Center- Utilidor Water Damage Conditions Cabanas and Men's Areas Federal Way Community Center- VAV Box Above Men's Area - Zone Conditionino Page 33 FEDERAL WAY COMMUNITY CENTER -- OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Deterioration Utilidor Behind Men's Showers Federal Way Community Center— Wall System Decay Utilidor Federal Way Community Center— Uninsuloted Copper Condensate Potential Page 34 CITY OF CITY HALL Federal4% 33325 8m Avenue South a Federal Way WA 98003003-6325 (253) 835-7000 www- cityoffederahvay. cam EXFBIT I _ A/E FIRM QUALIFICATIONS SUBMISSION PROFESSIONAL SERVICES AGREEMENT - Rev. 4/2023 INNOVA architects FEDERAL WAY COMMUNITY CENTER LOCKER ROOM RENOVATIONS City of Federal Way Statement of Qualifications Architectural & Engineering Services INNOVA Architects 950 Pacific Avenue, Suite 450 Tacoma, WA 98402 253 572-4903 phone 253 572-4919 fax www.innovaarchitects.cbm 18 OCTOBER 2023 cover letter 18 October 2023 Re: City of Federal Way Community Center Locker Room Renovations Dear Autumn Gressett and members of the selection committee: INNOVA Architects is pleased to submit our qualifications illustrating our experience and confirming our interest in working with the City of Federal Way on the renovations of the Federal Way Community Center Locker Rooms. It would be an honor and a pleasure to work with you on revitalizing this treasured community asset. We are a full -service multi -discipline design firm located in Tacoma, WA. We provide architecture, civil engineering, structural engineering, land planning, and interior design throughout the Pacific Northwest and for federal projects nationwide. Performing architecture and engineering disciplines in-house results in streamlined design process, team coordination, and shorter project timelines. Our passion for solving complex problems brings great value to our clients. INNOVA is the region's recognized leader for Aquatics Planning and Design. We've planned, evaluated, renovated, and/or designed more than 250 aquatic and recreation projects over the past 50 years for clients all over Washington State and the Northwest. Based on my understanding of the current scope, I am submitting the qualifications for a small, but very experienced team: • INNOVA Architects — Architecture and Structural Engineering • GDM Engineers — Mechanical Engineers • Cross Engineers — Electrical Engineers • Med-Tox NW — Hazardous Materials Management • Rachael Bandli Interiors — Interior Design As demonstrated on the following pages, the team we've assembled provides the following assets to meet your needs: • Experience working with municipalities and public agencies • Extensive architectural and engineering expertise in the design of aquatics facilities from conceptual design through construction administration • A collaborative team with years of proven experience working together on this project type • Availability to begin immediately with a history of meeting established budgets and project timeframes This opportunity aligns with our long-lasting commitment to projects that improve our community. We look forward to the opportunity to work with you on bringing renewed life to the Federal Way Community Center so it can be enjoyed for years to come. If you have any questions or require additional information, please feel free to contact me directly. Respectively Submitted, Paul McCormick, PE, SE Principal -in -Charge Business Phone: 253.572.4903 paul@INNOVAarchitects.com INNOVA architects 1. firm overview FIRM OVERVIEW Name: INNOVA Architects (Self -Certified Small Business Enterprise) Address: 950 Pacific Avenue, Suite 450, Tacoma, WA 98402 Phone Number: (253) 572-4903 Website: www.innovaarchitects.com Contact Name: Scott Saladis, AIA Contact Email: ssaladis@innovaarchitects.com Date Established: 2011 (12 years in business) Firm Size: 22 INNOVA Architects is a full service design firm providing Planning, Architecture, Interior Design, Civil Engineering, and Structural Engineering. With the merger of INNOVA Architects and ORB Architects, we are able to preserve and maintain 50 years of experience and knowledge and expertise related to design for recreational and community facilities in the Pacific Northwest, while adding additional skills and capacity to serve our clients. We remain committed to making a positive impact on our communities through design innovation and management expertise. Our team has evaluated, designed, and/ or renovated more than 250 aquatic and recreation facilities over the past 50 years. Aquatic facilities are very specialized and must conform to'specific health and safety requirements, while also being a comfortable and functional place for the public who will use it. We are experts in aquatic design and the related code issues surrounding these facilities. In addition, our decades of knowledge about how aquatic facilities function as part of the surrounding building systems allows us to offer guidance on topics such as condensation, humidity control, paint and preparation of carbon steel, corrosion prevention and indoor air quality. INNOVA architects 2. experience EASTMONT AQUATIC CENTER EAST WENATCHEE, WASHINGTON The Eastmont Aquatic Center was built in 1973 and most of the building systems were at the end of their useful life. The Pool is owned by the Eastmont Metropolitan Parks District and operated by the local YMCA. It is a heavily used pool, since it is the only full-sized indoor, year-round pool operating in the Wenatchee area. Retaining this resource for the community is vitally important. INNOVA Architects (previously ORB Architects) was selected in 2017 to follow up a past feasibility study and validate the program and budget. To accomplish this, we perfonned a full facility condition assessment and make recommendations for upgrades, based on the highest priorities and strategized to fit within the parks district budget. Subsequently, our team provided full design services for upgrades and additions to the facility. The upgrades included new all new FIVAC systems, pool mechanical systems, and electrical upgrades - including lighting replacement. Additionally the scope included some renovation upgrades with a renovated lobby, and a new addition to serve the staffing needs. OWNER NAME: Sally Brawley Director of Parks & Recreation, Eastmont Metropolitan Park District 255 N Georgia Avenue, East Wenatchee, WA 98802 509.884.8015 1 sbrawley@eastmontparks.com SQUARE FOOTAGE: 16,306 SF 2 1NNOVA architects 2. experience FIFE SWIM CENTER RENOVATIONS FIFE, WASHINGTON In 2006, INNOVA Architects (previously ORB Architects) was selected by the City of Fife Parks, Recreation and Community Services Department to help upgrade the Fife Swim Center in time for the city's 2007 Golden Jubilee Celebration. We provided architectural and engineering services for renovations and updates at the facility. The project includes the reorganization and expansion of the existing locker rooms and restrooms and remodeling and expanding the lobby and entrance areas to the Fife Swim Center. In recent years, we have continued to serve the Fife Swim Center's needs when they were looking to upgrade the pool deck and locker room surfacing. We worked closely with the pool staff to design and specify a resin flooring to go over a previously failing system. As part of our efforts the city requested that we prepare an in-depth analysis of resin flooring systems in order to evaluate the cost and durability in order to recommend the best value for the city. KEY PROJECT FEATURES: • Expanded Locker Rooms • New Family Changing Rooms • Additional Staff Office and Meeting Space • Upgraded Interior Finishes • New Reception Desk • New Mechanical Upgrade to Lobby Area • New Lighting OWNER NAME: Kurt Reuter, Director City of Fife, Parks, Recreation & Community Services 5411 23rd St E, Fife, WA 98424 253.896.86411 kreuter@cityoffife.org SQUARE FOOTAGE: 11,056 SF INNOVA 3 architects 2. experience MARSHALL COMMUNITY CENTER POOL VANCOUVER, WASHINGTON INNOVA Architects (previously ORB Architects) teamed with Jess Barksdale to help evaluate, recommend, and execute upgrades to the existing Marshall Community Center Pool. The original pool was built in 1964, with multiple renovations and upgrades since that time. A primary motivation for the project is to relocate the pool mechanical room from its original location, which was in a confined space and difficult to maintain, to an entirely new location that would facilitate easier maintenance, as well as provide for standardized maintenance procedures with their newer community pool across town. Additionally, the parks staff requested renovations to an existing Family Changing Room and Lifeguard area so that (2) additional Family Changing Rooms and (2) ADA restrooms could be added for pool users. Based on a full evaluation of the pool facility, we provided specific recommendations that aligned with the budget. Scope items include replacing the entire pool gutter system, replacing the Main Drains to be VGBA compliant, re -building much of the pool deck area for better drainage, building a new pool mechanical system (including a surge tank, filters, pumps and chemistry control), and a small exterior addition for the pool chemicals. The construction cost for the project was $3.2 Million. The project was completed in 2017. OWNER NAME: Jon Sears, PMP, Facilities Capital Projects Manager P.O. Box 1995, Vancouver, Washington, 98668 360.487.8319 1 jon.sears@cityofvancouver.us cityofvancouver.us SQUARE FOOTAGE: 30,905 SF 4 1NNOVA architects 2. experience —I CITY OF ISSAQUAH JULIUS BOEHM POOL ISSAQUAH, WASHINGTON INNOVA Architects (previously ORB Architects) provided design and construction administrative services for the renovation and small addition of added family changing rooms, to the Julius Boehm Pool, located downtown Issaquah. Originally construction in 1971, this pool was in need a complete pool tank refinishing and much needed Mechanical and Electrical upgrades, as well as'new finishes throughout. PROJECT SCOPE: • Evaluation of Existing Facility • Field Investigation and Analysis • Interior Design Analysis • Pool Tank Code Analysis • Pool Mechanical System Analysis • Cost Estimation • Recommendation and Report • Full Design Services • Value Engineering • Construction Administration KEY PROJECT FEATURES: • Swimming Pool Tank Refinishing • Dressing Room Expansion • New ADA and Family Changing/Rest Rooms • New Interior Finishes, ie. Carpet, Paint, Tile, Accessories, Partitions and casework • HVAC, Plumbing and Electrical Systems replacement/repair • Swimming Pool Mechanical Systems replacement/repair OWNER NAME: Ric Patterson, City of Issaquah Facilities Operations Manager PO Box 1307, Issaquah, WA 98027 425.837.3375 SQUARE FOOTAGE: 18,231 SF INNOVA 5 architects 2. experience SHERIDAN FITNESS CENTER RENOVATION JOINT BASE LEWIS MCCHORD, WA INNOVA provided architectural services for the repairs and replacement of Toilets, Locker Room facilities and Cross Training Areas, and Entry Lobby/Desk at Sheridan Fitness Center, Building 3759 on JBLM. The repair of the facility included the gutting and complete repair of the toilets and locker room facilities including plumbing, piping and fixtures, flooring, painting, lighting, lockers, saunas, and partitions. Hallway restroom facilities were also repaired to meet ABA. Improvements were made to the lobby area, including new flooring, ceilings, reception desk and associated utilities. The renovation included the construction of a new Cardiovascular, Strength and Functional Fitness "CrossFit-style" Training Area. The design included overlaying the wooden gym floor in the gymnasium with '/2" rolled rubberized permanent impact flooring and structural modifications to provide for opening pathways in the common wall between the gymnasium and the functional fitness room. A new fire suppression system was also installed throughout. OWNER NAME: USACE JBLM Jodie S. Ramsey 253-208-9713 jodie.s.ramsey@usace.army.mil SQUARE FOOTAGE: 21,353 SF 6 INNOVA architects 2. experience EXPERIENCE WITH WSDOT STANDARD SPECIFICATIONS While the bulk of our experience working with WSDOT Standard Specifications is centered around the Local Agencies Guidelines manual as it relates to Federal Highway Administration (FHWA) funds for transportation projects, we are also familiar with the standard WSDOT specifications. In addition to our Pool and Aquatic resume, INNOVA is also a leader in the planning and design of logistics centers in the area. Because -of the size and quantity of trucks moving freight in and out of these facilities, many of the requirements for these projects mimic those listed in the standard WSDOT specifications. Much of our experience working on federally funded, local agency projects has taught us that it is critical for design documentation to follow the procedures outlined in the WSDOT Local Agency Guideline (LAG) manual. In addition, protocol and reporting guidelines must be followed for each phase of the project, including contracting, design, environmental analysis, permitting, and construction. Our team members are well -versed in using the LAG manual and FHWA design procedures, having worked with them for decades. We work in accordance with the most recent WSDOT Design Manual, Standard Plans, Traffic Manual, and Standard Specifications to prepare designs for intersection geometrics and channelization, traffic signals, traffic calming, roundabouts, and roadway signage. In addition, protocol and reporting guidelines must be followed for each phase of the project, including contracting, design, environmental analysis, permitting, and construction. In addition to our use of WSDOT standard specifications, our team is also well -versed in the use of other types of standardized construction specifications, specifically the Unified Facility Guide Specifications (UFGS). The bulk of our Department of Defense work utilizes the UFGS for all Multiple Award Task Order Contracts (MATOC), requiring our design team to review and edit each section accordingly to meet specific project needs. INNOVA OVA 7 architects 2. experience COMMUNITY CENTER EXPERIENCE INNOVA Architects has designed and renovated more than 50 community projects throughout the past 20 years. This experience includes multipurpose meeting facilities, arts and craft areas, dining rooms with commercial kitchens, gymnasiums, laundry facilities, locker room and shower facilities, teen centers, child care areas and senior centers: PROJECT NAME SQUARE FOOTAGE ESTIMATED COST ACTUAL COST Algona City Hall and Community Center 17,000 SF $4,580,694 $4,204,000 Lake Wilderness Park Beach House 2,800 SF $1,599,532 $1,730,485 Metro Parks Tacoma Nature Center 5,445 SF $1,936,892 $2,219,495 Metro Parks Tacoma People's Community Center N/A N/A Metro Parks Tacoma Portland Ave Community Center 0 SF $86,458 $82,004 Metro Parks Tacoma South Park Community Center rN/A N/A N/A Kent Senior Activity Center 0 SF $427,000 $425,000 PUBLIC PROJECT EXPERIENCE Approximately 50% of our company's project experience is in the public sector. However, our aquatics and recreation portfolio is nearly all with public agencies. We have worked with dozens of municipalities and public agencies across the State of Washington. Decade after decade major government agencies keep coming back to us and hiring us to do their work. All that proves a long -teen track record to understand the needs of government agencies and publicly funded projects following a public process, where quality, schedule and budget matter and cannot be compromised. PROJECT NAME ESTIMATED COMPLETION DATE ACTUAL COMPLETION DATE ESTIMATED COST ACTUAL COST Eastmont Aquatic Center Renovations January 2020 February 2020 $2,765,000 $2,593,000 Fife Swim Center Renovations November2007 October 2007 $767,624 $750,000 Marshall Community Center Pool June 2017 August 2017 $2,997,051 $2,864,357 City of Issaquah Julius Boehm Pool August 2015 August 2015 $4,779,720 N/A Sheridan Fitness Facility March 2017 March 2017 $1,829,546 N/A Covington Aquatic Center Condition Assessment June 2018 June 2018 $7,725,000 N/A Vashon Pool Assessment and Upgrades October 2017 October 2017 $2,032,241 N/A City of Shoreline Pool Analysis and Repairs May 2015 May 2015 $595,678 $602,237 Seattle Parks & Recreation Colman Pool Renovation N/A N/A $965,858 $985,000 Stewart Heights Community Pool and Recreation Facility N/A N/A $2,186,500 $1,899,851 Metro Parks Tacoma Three Spraygrounds N/A N/A $1,572,947 $1,637,265 Spokane Valley Three Swimming Pool Additions June 2009 June 2009 $2,097,283 $2,903,247 Tukwila Pool Renovations February 2013 March 2013 1 $3,575,656 1 N/A 8 INNOVA architects 3. personnel DESIGN TEAM INTRODUCTION INNOVAArchitects will serve as the lead planner and architectural consultant throughout this project. Project Manager and Architect, Scott Saladis, will act as the primary point of contact for the City of Federal Way. He will implement the organizational structure for whole team coordination and assuring schedule compliance. Scott will be ably ,assisted by Lead Structural Engineer, Steve Hall. We have enlisted the resources of a first-rate team of trusted designers and consultants who will deliver the most attractive, effective, and economical solutions for the Federal Way Community Center. Collectively, we all share the perspective that teamwork is crucial for achieving high -quality service and excellent results. Our team includes effective project managers who enjoy being collaborators with clients. Each has an outstanding record of earning clients' trust and developing effective solutions to meet and exceed project objectives. This is our preferred team for aquatics projects. We have worked together on dozens of community, recreation, and aquatics projects over the past decade and have strong working relationships. INNOVA ARCHITECTS Scott Saladis, AIA - Project Manager / Lead Architect Steve Hall, PE - Structural Engineer GDM ENGINEERS Jesse Barksdale - Mechanical Designer CROSS ENGINEERS Brice Anderson - Electrical Designer IVIED-TOX NW Anthony Fullerton - Hazardous Building Materials Management Jon Havelock, CSP, CHMM - Hazardous Building Materials Management RACHAEL BANDLI INTERIORS Rachael Bandli - Interior Designer INNOVA architects 3. personnel SCOTT SALADIS, RA Project Manager / Architect Registration: Architect - WA (#21004065), ID (#AR-987138) Education: Completed IDP through NCARB - 2016 AAS in Design - 2001 Experience in Profession: 22 years Scott has over 20 years of experience in the industry, working as both a contractor and a designer on a wide range of projects, including aquatics and recreation, residential homes, multi -family housing, tenant improvements, and a variety of military projects. As a design professional and Project Manager, he has been involved in many aspects of projects, from Schematic Design through Construction Administration. Scott is responsible for team workflow and project infrastructure, along with consultant and client coordination. With his dual experience as both a designer and contractor, Scott understands efficient workflow, strong design, and innovative problem solving are keys to a successful project outcome. Eastmont Aquatic Center I East Wenatchee, WA Building and Site Investigation, Design, Cost Estimate for Modernization Seattle Tennis Club Pool I Seattle, WA Site Investigation, Cost Estimate, Design, Construction Administration Covington Aquatic Center Condition Assessment I Covington, WA Building Investigation and Assessment, Cost Estimate Fife Swim Center Renovation I Fife, WA Design, Cost Estimating and Construction Administration for Renovation Marshall Community Center Pool I Vancouver, WA Facility Evaluation, Cost Estimate, Design for Upgrades and Repairs Issaquah Julius Boehm Pool Renovations I Issaquah, WA Pre -Design, Final Design and Construction Administration. ESCO funding City of Shoreline Pool Analysis and Repairs I Shoreline, WA Assessment Study, Cost Estimate, and Construction of Repairs Chelan Aquatic Feasibility Study and Conceptual Design I Chelan, WA Feasibility Study, Site Analysis, Conceptual Design, Cost Estimate, and Pro Forma Analysis Seattle Parks & Recreation 3 Building Evaluations: Magnuson Park Community Center, Madrona Spectrum Dance Studio, and Discovery Park Daybreak Star Center I Seattle, WA Physical Needs Assessments, Cost Estimates and Recommendations for Planning Efforts Seattle Parks & Recreation Condition Assessments and Analysis: Lake City, South Park & Magnolia Community Center I Seattle, WA Physical Needs Assessments, Cost Estimates and Recommendations for Planning Efforts Metro Parks Tacoma People's, South Park, Portland Avenue, and Snake Lake Community Centers Tacoma, WA Building Investigations, Pre -Design, Cost Estimating, Final Design, and Construction Administration for Renovations Lacey Senior Center Renovation I Lacey, WA Building Investigation, Pre -Design Community Workshops, Cost Estimating, and Value Engineering Kent Senior Activity Center Renovation I Kent, WA Design and Construction Administration Community Recreation and Aquatic Center Feasibility Assessment I South Whidbey Island, WA Site Analysis, Cost Estimating, Public Charette, Conceptual Design 10 INNOVA architects 3. personnel STEVEN G. HALL, PE Structural Engineer Registration: PE — WA Structural Engineers Association of Washington (SEAW) - Seattle Education: Bachelor of Science, Civil Engineering Colorado State University, (1983) Experience in Profession: 35 years Steven Hall has extensive experience in the preparation of structural engineering calculations and detailed designs for commercial, institutional, and industrial projects. Relevant Project Experience: RMC ROOF STUDY B2452 1 FAIRCHILD AFB, WA > Steve was the Structural Engineer for the structural analysis and concept design scenarios to determine locations of leaks and how to rectify the leaks before any damage could occur to the newly renovated Red Morgan Center, an administrative building at Fairchild Air Force Base. STRUCTURAL AND SEISMIC STUDY B2249 1 FAIRCHILD AFB, WA Steve was the Structural Engineer for the structural analysis and concept design scenarios to determine locations of leaks and how to rectify the leaks before any damage could occur to Building 2249, an administrative building at Fairchild Air Force Base. SPRINKER RECREATION CENTER REDEVELOPMENT I TACOMA, WA Public Master Planning process for a recreation center and park. The design includes a natural turf to synthetic turf field conversion for six ballfields, playground, fitness park, spray park, plazas, public art, improved rock climbing facilities, and expanded multi -use public event lawn. LAKE WILDERNESS PARK BEACH HOUSE I MAPLE VALLEY, WA Steven was the structural engineer for this 2,700 SF beach house facility for the City of Maple Valley Parks & Recreation. The facility includes concessions, lifeguard offices, boat rental and storage, maintenance storage, and restrooms. CHILD DEVELOPMENT CENTER STRUCTURAL ASSESSMENT I DETROIT ARSENAL, MI Structural Engineer for the assessment of a child development center. The work involved providing on -site analysis of several roof framing and structural issues, evaluating data and drawings, identifying deficiencies in the structure, designing the repair, and preparing a cost estimate for repairs. This high priority assessment and the resulting recommendations were completed within 14 days. ULINE DISTRIBUTION CENTER I LACEY, WA Structural Engineer for an insulated concrete panel tilt -up structure. Perimeter concrete tilt -up shear walls working together with two lines of internal concentric steel braced frames provided the lateral support for the structure. A single story office concrete tilt -up panel structure was designed at the eastern end of the building. The project also included design of several areas of tenant improvement structures within the interior of the building. Support services were also provided to the contractor throughout the construction of the building. WASHINGTON TRACTOR T.I. I SUMNER, WA Steve provided structural services for the T.I for this John Deere dealership for Washington Tractor to include space for office, retail, showroom, parts and service, and a large outside area for farm implements inventory. INNOVA 11 architects 3. personnel JESSE BARKSDALE Mechanical Project Manager EDUCATION Mechanical Engineering Design, Clover Park Technical College, Tacoma, WA LICENSES/REGISTRATIONS LEED AP - 2009 LEED AP BD+C - 2011 ASPE CPD - 2020 FAA Part 107 ASSOCIATIONS American Society of Plumbing Engineers (ASPE) American Society of Heating, Refrigeration, & Air -Conditioning Engineers (ASHRAE) R J pY�5Ft BACKGROUND Jesse Barksdale is the head of the mechanical engineering department of GDM of Oregon. He has been providing design and project management for engineering projects for 24 years. He has participated in evaluation, design, estimating, and construction management for projects in Alaska, Arizona, Colorado, Idaho, Oregon, and Washington. He has also led multi -disciplinary project teams for a variety of projects large and small. With over200 pool mechanical projects in his personal portfolio of experience, his depth of knowledge and skill has made him the engineering consultant of choice for many local parks departments and facility owners. These projects have included work on community centers, aquatic facilities, spray parks, water features, and swimming pools. His scope of expertise includes HVAC, plumbing, and pool mechanical systems for these facilities. RELEVANT EXPERIENCE * Bellevue Club Pool Renovations. Bellevue, WA ) Hotel/club pool renovations (2014, 2015, 2016, 2017, 2018) * Cottage Lake Pool. Woodinville, WA ) Pool mechanical system upgrades (2013, 2015, 2016, 2017, 2018) Eastmont Aquatics Center Analysis & Design. East Wenatchee, WA I Pool HVAC and recirculation system replacement, plumbing systems (2017) * Julius Boehm Pool. Issaquah, WA ) Complete plumbing, HVAC, natatorium HVAC, and pool mechanical system replacements (2014) * King County Aquatics Center. Federal Way, WA 1, Natatorium HVAC, recreation pool design, pool circulation systems, plumbing systems (2004, 2005, 2006, 2012, 2013, 2014) * Lindbergh High School Pool. Renton, WA I Complete plumbing, HVAC, natatorium HVAC, and pool mechanical system replacements (2013) * Lynnwood Recreation Center HVAC. Lynnwood, WA ) Natatorium HVAC upgrades (2012) * Marshall Pool Analysis K Design. Vancouver, WA ) Complete replacement of pool mechanical systems (2016) * Norpoint Centre Improvements. Tacoma, WA ) Natatorium HVAC, pool recirculation system and filtration system replacements (2007) * Redmond Downtown Park. Redmond, WA I New spray park and water feature systems (2016) Redmond Pool. Redmond, WA I Pool mechanical, HVAC, and plumbing upgrades (2019) * SERA Spray Park. Tacoma, WA ) New spray park and restroom facility (2012) Washington Athletic Club VGB. Seattle, WA ) Pool mechanical upgrades (2015, 2019) William Shore Pool Renovations. Port Angeles, WA ) Natatorium and support space HVAC replacement, plumbing system replacement, pool mechanical system updates (2012 and 2019) 12 * Project completed with prior firm. Brice Anderson Electrical Designer EDUCATION Bates Vocational School Associates of Technology EMPLOYMENT 2002 - Present Cross Engineers, Inc. BACKGROUND Mr. Anderson has several years of experience. Mr. Andersons responsibilities have included field verification of existing electrical/communications systems in buildings, site utilities, design for relocation/reconnection/upgrade of existing electrical/communications infrastructure and construction administration of projects. 3. personnel SELECTED PROJECTS LYNNWOOD RECREATION CENTER AND NATATORIUM, LYNNWOOD WA Cross Engineers provided electrical engineering design for new mechanical system upgrades, lighting review and evaluations of the existing North and South Natatoriums. This Recreation center is 45,000 square feet consisting of leisure pool, water slides, lazy river, exercise/fitness space, racquet ball courts, locker rooms and support facilities. CHEHALIS TRIBE COMMUNITY CENTER - CHEHALIS, WA Cross Engineers was responsible for the electrical design of this 55,000 square foot community center consisting of two (2) regulation basketball courts, pool, spa, kitchen, gathering area, classrooms, offices, computer labs and Tribal Arts storage. Exterior recreation areas include a basketball court and two (2) future regulation baseball/softball fields. This facility also functions as a Tribal Disaster Center with stand-alone utilities capable of three weeks sustained 24 hour operations. FORWARD THRUST POOL LIGHTING UPGRADES - SHORLINE AND ISSAQUAH .. •:1 y Cross Engineers responsibilities included � �� • 1 ? design of lighting upgrade to LED's for code compliance, along with energy and maintenance reduction savings. ro AQUATIC FACILITY ASSESSMENT PROJECTS: • City of Dayton Pool Assessment (exterior pool & building) • Covington Aquatic Center Assessment • Shelton Pool Assessment and Upgrades • Vashon Island Pool Assessment • Shoreline Pool Assessment ADDITIONAL POOL EXPERIENCE: • William Shore Memorial Pool • Lazy River Float Center • Marshall Community Center • Centralia Spa Replacement • Eastmont Aquatic Center 13 3. personnel Area of Expertise Hazardous Building Materials Management Years of Experience 33 Education Construction Management Certificate, University of Washington Registration Certified Safety Professional Certified Hazardous Materials Manager Jon Havelock, CSP, CHMM Hazard Analysis Project Manager Mr. Havelock is a Certified Safety Professional and Hazardous Materials Manager with 33 years consulting experience in safety, industrial hygiene, and environmental health and safety evaluations and compliance efforts. He specializes in hazardous material investigations (mold/asbestos/lead/PCBs), remediation plans and oversight, and general industrial hygiene, safety and environmental evaluations. He is a specialist in government contracting with extensive experience performing county related hazard analysis, safety and environmental services associated with building renovations and demolition. Relevant Project Experience King County Environmental Hazards On -Call Contract. Seattle, Washington. 2014 - 2019. $197,000.00. As a subconsultant to Herrera Environmental Consultants, Mr. Havelock performed and managed the hazardous building materials component of this on -call services contract. Mr. Havelock provided scope and fee for 57 work orders and managed each project for Med-Tox Northwest. AHERA Building Inspector Port of Tacoma A/E On -Call Contract 070602, Tacoma, WA. $16,000.00. AHERA Management Planner 2018 - 2019. As project manager, Mr. Havelock managed asbestos and AHERA Project Designer lead/heavy metals surveys for three different projects and twelve AHERA Asbestos Supervisor buildings as a subconsultant to Helix. He also provided abatement California Asbestos Consultant specifications for each project. EPA Lead -Based Paint Risk Assessor King County Environmental Hazards On -Call Contract, Seattle, 40-Hour Hazardous Waste Operations Washington. 2009 - 2014. $154,000.00. Mr. Havelock performed and and Emergency Response OSHA 29 CFR managed the hazardous building materials component of this on -call 1910.120 services contract. Mr. Havelock provided scope and fee for 17 work orders and managed each project for Med-Tox Northwest. Pierce County Courts Renovation, Tacoma, WA 2018 - 2019 $15,000.00. Renovations on the 5th and 6th floors of the Pierce County/City Building B for Pierce County Courts required updates to the existing hazardous material surveys and AutoCAD design drawings for abatement. Mr. Havelock performed field survey/ sampling, report writing and abatement design for these renovation projects. ■ Extensive experience on high profile, Lynnwood Link Extension Early Work Packages L115/L200/L300, public projects with multiple Lynnwood, WA. $357,000.00. 2018 - 2020. Mr. Havelock managed the stakeholders hazardous materials abatement process for 121 Sound Transit owned ■ In-depth knowledge of safety and properties. Services included contractor submittal review, asbestos environmental regulations abatement oversight, and QA/QC for Underground Storage Tank removal. ■ Extensive County project experience Federal Way Link Extension Phase II, Federal Way, WA. $215,000.00 ■ Trainer for Safety and Hazardous 2017-2018. Mr. Havelock was responsible for hazardous building Materials materials investigation services for this HDR Engineering contract. Managed personnel performing hazardous materials surveys in 79 buildings scheduled for demolition. Provided abatement estimates and survey pricing. smE0 AO`"r O: N191eC. INC.A 14MED-TOX 3. personnel Area of Expertise Anthony Fullerton Hazardous Building Materials Hazardous Building Materials Project Manager Management Mr. Fullerton has provided on -call hazardous building materials related services at Med-Tox Northwest for the last 23 years. He has performed Years of Experience hazardous building material surveys continuously for 23 years and has 27 inspected over 330 residences and 845 commercial and industrial buildings. He understands building construction and where these hazardous materials are typically installed and is proficient at regulatory Credentials compliance and reporting. He also provides abatement design, B.A., Environmental Studies consultation. and Natural Resources, Pacific Lutheran University Relevant Project Experience AHERA Project Designer Snohomish County 2019 - 2021 On -Call Consulting Services; AHERA Building Inspector Engineering - Hazardous Materials Survey. 2019 - 2021. $11,736.49. Certified Lead -Based Paint Risk Mr. Fullerton performed HBM surveys for three task orders on this on - Assessor call contract. Renovations included a district court building and a X-Ray Fluorescence Radiation juvenile detention facility. Survey documentation included written Safety Training reports with AutoCAD sampling and material location drawings and 40-Hour Hazardous Waste abatement cost estimates. Operations and Emergency Response OSHA 29 CFR Snohomish County On -Call Consulting Services, Everett, WA. 1910.120 $17,000.00. February 2009 - January 2015. Mr. Fullerton was responsible for managing these two contracts and performed 18 different asbestos and lead -based paint surveys as part of pre -demolition activities for Snohomish County. Survey documentation included written reports with AutoCAD sampling and material location drawings and abatement cost estimates. Snohomish County On -Call Consulting Services, Everett, WA. 2011 - 2013. $25,756.46. Mr. Fullerton was responsible for managing this on - call contract and performed on 11 different asbestos and lead -based paint surveys as part of pre -demolition activities for Snohomish County. Scope of work included asbestos, lead -based paint, polychlorinated biphenyls and other hazardous materials. Mr. Fullerton also provided abatement cost estimates to Snohomish County. Experience Higblights RTAAE 107-14 ROW On -Call AE Environmental Services, Seattle/Lynnwood, WA. $250,000.00 - 2020. Mr. Fullerton served as the ■ Experienced providing requested CDM subconsultant responsible for Hazardous Building Materials services for Counties. (HBM) on -call services for the Bellevue 335 Link and Lynnwood Link ■ In-depth knowledge of safety and project in Lynnwood, Washington. His duties included field survey environmental regulations related to hazardous building materials. activities, report writing, and abatement cost estimating. ■ Responsive to client needs and Federal Way Link Extension Phase II, Federal Way, WA. $215,000.00 schedules. 2017-2018. Mr. Fullerton performed hazardous building materials • Building demolition specialist for investigation services for this HDR Engineering contract as a identification and abatement of subconsultant to GeoEngineers. hazardous materials. _ v�ruur:` •rcauFm.:: c.,w 15 ED-TAXw N 0 P T HVV E ST 3. personnel RACHAEL BANDLI, NCIDQ, LEED AP Interior Designer Registration: NCIDQ, 2013, Ceritificate No. 29776 LEED Accredited Professional, 2008 Education: Seattle Pacific University, 2007, Bachelor of Arts - Interior Design Experience in Profession: 15 years Rachael has over fifteen years of experience in the practice of Interior Design, focusing on all phases of schematic planning, construction documents, and construction administration. Rachael also o®ers Structural Interior Design (SID) packages to prepare a Comprehensive Interior Design (CID) submittal. She specifies building finishes that comply with health, safety, and public welfare, while also helping achieve LEED credits. Relevant Project Experience: FY20 PN 1014550 CONSTRUCT CONSOLIDATED (TFI) FLIGHT BASE OPS FACILITY I FAIRCHILD AIR FORCE BASE, WA Worked diligently with WJA Design Collaborative to prepare furniture plans, room data sheets and a design analysis as part of developing the Design -Build solicitation package for the FY20 Construct Consolidated (TFI) Flight Base Operations Facility at Fairchild AFB. The scope included designing a 62,258 gross square foot facility to consolidate the mission -essential functions of the 92d Operations Group (92 OG), 92d Operations Support Squadron (92 OSS), 141st Operations Group (141 OG), 141st Operations Support Squadron (141 OSS), 116th Air Refueling Squadron (116 ARS), and Aircraft Flight Equipment (AFE) personnel. Co -locating mission -essential functions of each wing in the new facility contributes to Total Force Integration (TFI) by providing a facility that leverages the capabilities of both active and reserve military components. Estimated Construction Cost: $35.9M FY20 DESIGN -BUILD JOINT SIMULATION ENVIRONMENT (JSE) FACILITY I NELLIS AIR FORCE BASE, NV Responsible for providing a Comprehensive Interior Design (CID) package for the JSE (Building 1733) new construction, 50,967 SF single -story building. The building is comprised of unsecure areas with offices, conference rooms and various administration functions as well as secure areas with training rooms, high fidelity cockpit rooms, briefing rooms, and an auditorium. RED FLAG BUILDING 201, 5TH GENERATION ADDITION I NELLIS AIR FORCE BASE, NV Responsible for providing a Comprehensive Interior Design (CID) package for the Red Flag addition. Red Flag Exercises are opportunities for pilots to receive advanced training, working with pilots from different service branches and different nations. The addition was 42,400 SF and consisted of a large, 396-seat auditorium and two smaller auditoriums that functioned as professional gathering areas critical to the Red Flag Exercise. Construction Cost: $23,308,062 E-3G MISSION AND FLIGHT SIMULATOR TRAINING FACILITY I TINKER AIR FORCE BASE, OKLAHOMA CITY, OK Provided Interior Design services for the 51,150 SF E-3G Mission and Flight Simulator Training Facility that will serve the training requirements of the 552nd Air Control Wing. The building is comprised of unsecure and secure areas, with classrooms, instructor offices, and specialized training areas. Construction Cost: $24,633,000 (design -build total contract value) USACE DISTRICT, ALASKA I LEED SILVER, EIE326 168 PERSON DORMITORY I BELSON AIR FORCE BASE, AK In collaboration with WJA Design Collaborative, Rachael was responsible for specifying interior finishes to coordinate with end -user requirements and creating a Comprehensive Interior Design (CID) package to coordinate with the building finishes for a three-story, 58,896 SF, 168-person dormitory. Cost: $75,000 (Design); $34,087,541 16 4. approach PROJECT PLANNING The Programming Phase will involve the formal documentation of your expectations and definition of success for your project. We start this process by assessing needs from the information gathered through public meetings, stakeholder interviews, and other users and constituents. This important step will identify needs, goals, constraints and opportunities for your project, resulting in a methodology that has proven vital in defining the program and functionality. Determining the specifics of the programming will entail consideration of space allocations, space relations, and prioritized items in diagrammatic plans. We outline advantages and disadvantages of multiple options in order to guide good decisions. As your consultant, we lend our expertise to the collaborative planning process, while always keeping in mind the needs over time, the location of the facility, and overall operations. We hope to have the opportunity to work with you to further understand your project goals and come up with unique and interesting ways to maximize the space in order to provide the most benefit to the users. SITE INVESTIGATION/ INFORMATION GATHERING Prior to starting any design work, INNOVA's team will meet with representatives from the City of Federal Way to identify the problem areas of the existing facility and related mechanical systems, discuss the overall goals for the project and finalize the overall project schedule. Our team will review any existing documentation that is available from the City, such as existing drawings, Operations Manuals, Maintenance Records and the previously completed condition assessment. Once the overall scope is defined, INNOVA and our design team will conduct a site visit to evaluate the facility. INNOVA will work with our design team to evaluate different design alternatives and approaches to issues discovered. We have found that there is often more than one way to approach an issue, with varying pros and cons to be considered. We will work with our team to present these to the City so that the best value for the project can be determined. Our team will also spend time on site documenting and recording physical conditions and completing a Washington Administrative Code (WAC) checklist for the existing pool facility. In order for our time spent on -site to be most beneficial, we request that a representative of the facility maintenance staff be available during this investigation. DESIGN CONCEPTS During Schematic Design, we will work with the City to define the look and feel for the project and start addressing any issues related to existing conditions. We will discuss materials, detail, and design concepts with the City at all points during Schematic Design. Additional tasks include: • Design: mechanical options, elevation and section sketches to develop a preferred design • Preliminary systems design (heating, plumbing, etc) • Develop Area of Magnitude Cost Estimate • Progress meeting with the City Based on owner and team coordination feedback, INNOVA will begin developing an Area of Magnitude Cost Estimate during this phase. This will also act as a record of the process and final determination of scope. Based on this final scope and project budget, we will further develop the cost estimate as it relates to the next (2) phases — Design Development and Construction Documents. INNOVA 17 architects 4. approach SCHEMATIC DESIGN AND COSTS ESTIMATES INNOVA will develop schematic designs and renderings of the concept designs. The Schematic Design Phase will further develop the Conceptual Design from the Programming Phase. Schematic plans and sections showing critical dimensions and features, including a design narrative. We will design and present a few conceptual designs for review by the selection committee, which will consist of colorful plans that explain the program in order to give decision -makers an accurate idea of the renovations. INNOVA uses Building Information Modeling (BIM) technology in our design process through the use of Revit software. Revit uses three dimensional, real-time, dynamic building modeling software that allows us to visualize a design more quickly and easily than ever before and subsequently convey that to the project owner and stakeholders. In addition, it can carry through to our construction documents and consultant coordination when the project moves forward. We will present detailed, site -specific construction costs, showing line -item costs for each proposed space. The overall facility capital cost is the overall picture of how much the project will cost including construction, permitting, design fees and necessary contingency costs. The project cost is designed to include all related costs for the project so you aren't surprised down the road. We also contemplate the cost impact of including various sustainability elements into the design. The key factor here is consideration of both development costs and life -cycle costs of the sustainable practices and products implemented. This is critical, not only to the overall health of the building, but it also serves as a good preventative maintenance measure. DESIGN DEVELOPMENT Once a direction is chosen, we will move to design development. In Design Development, we further detail the design and decisions established in the Schematic Design phase, with tasks to include: • Detailed plan and elevations indicating tile layouts • Building and Health Department Code analysis (meeting with officials) • Coordination of Mechanical, Electrical and Plumbing layouts • Prepare outline Specifications • Further development of Estimate of Probable Costs PERMITTING We are very familiar with local environmental processes, ordinances, and procedures. We stay current with city policies in order to provide the most accurate and expeditious service to our clients. We have established this understanding through our work with and for city agencies, other public agencies, and private developers. We are also experienced in the permitting processes for civil, stormwater, SEPA, Department of Health and other local, state, and federal permitting agencies. We find that meeting early with city and county officials and satisfying all pre -submittals reduces surprises when the project is submitted for review. We will meet with City of Federal Way Development Services early on to coordinate requirements and ensure we were in compliance before progressing into design development. We then touch base with them periodically throughout the project. Submitting for permits while we are finishing construction documents has been a successful approach for us before. 18 INNOVA architects 4. approach INNOVA has permitted hundreds of aquatic related projects in Washington State without difficulty; including some non-standard designs. Our expertise regarding WAC 246-260 (the State Pool Code) also helps us navigate around potential issues and take care of them before they become a design or permitting problem and we endeavor to work with those officials to address any possible questions or concerns early on in a project, in an effort to help lower the potential design and financial impact of any reviewer -requested changes. CONSTRUCTION DOCUMENTS This phase includes finished drawings and specifications prepared for construction. Finish detail design and final color and material selections will be defined. Final review and adjustments to the construction cost estimate will be made. • Finalize Drawings with details and schedules • Prepare code worksheets and notes • Final coordination of all consultant scopes of work • Final Specifications and Project Manual • Permitting and Department of Health Review INNOVA will provide the required set(s) of documents in order to apply for the building application and application with the Department of Health. We can act as your representative in the permit review process, but have assumed fees would be paid for by the City. COMPETITIVE BID PROCESS We have assumed that this will be bid to eligible contractors for construction. If a General Contractor is selected for this project, rather than a contractor specializing in pool renovations, we would still imagine that key components, such as the mechanical systems, etc. will be bid. We are familiar with most of the capable pool contractors in the state, and can make recommendations if desired. During the contractor selection/ bidding period, INNOVA will support the City by responding to bidder questions and issuing the appropriate addendum. CONSTRUCTION MANAGEMENT AND. PROJECT CLOSEOUT During construction, INNOVA will act as your support team, helping streamline the process; acting as your agent, assistant and advisor. We are there to help make sure that the vision we have developed together is fully realized as you intended it. Generally, we like to schedule regular meetings on site, to provide a time and a structure for questions, answers, and clarifications of details. For this project, we estimate one (1) visit to the site per month of the construction period, with all other OAC meetings taking place either by teleconference or video call. Also assumed for this task will be a site visit to establish substantial completion and provide a final punchlist of items to be completed by the contractor. Specific responsibilities may include: • Site visits to check progress, quality, and adherence to construction documents • Submittal reviews: shop drawings and sample review • Answering RFI questions and clarifying and interpreting the construction documents • Review, approval, and forwarding of contractor's applications for payment • Determination of substantial completion • Preparation of punch list of incomplete work • Completing the final walkthrough • Project closeout coordination INNOVA 19 architects 4. approach KING COUNTY AND FEDERAL REQUIREMENTS INNOVA is constantly working on projects located in King County and is familiar with King County permitting procedures. INNOVA's key managers have decades of experience designing projects and working with all forms of agencies which become involved in permitting projects across a wide range of areas. Our team designs all of our projects to comply with all national and local codes and standards. On Federal projects, our designs are required to adhere to the Uniform Federal Accessibility Standards (UFAS) and ADA Standards for Accessible Design (to conform to Section 504). We are also familiar with the standards as outlined in ANSI 117.1 For example, on a recent project for King County Housing Authority, we were tasked with converting housing units so they were accessible to residents with disabilities. In this case, some of the changes involved reconfiguring the ground -floor units and replacement of doors to achieve minimurn maneuvering clearances. Addition of grab bars and ADA-compliant toilets and sinks as well as converting tubs to roll - in showers were required in all restrooms. General revision to units included adjustment of light switches and outlet heights to be within code required reach ranges and updating fire alarms for both audible and visual notification (sight and sound). We design in compliance with the latest version of the International Building Code (IBC) as adopted by the local Authority Having Jurisdiction (AHJ). Also referenced as part of the IBC are amendments adopted by both the State of Washington as well as local jurisdictions such as the City of Federal Way. Projects also follow all current versions of the Washington State Energy Code and Ventilation and Indoor Air Quality Code, International Mechanical Code, International Plumbing Code, National Electric Code and National Fire Protection Association (NFPA) as adopted by the local AHJ. Also taken into consideration for compliance are all local Land Use Regulatory and Municipal Codes. INNOVA Architects and our subconsultants are in compliance with public policy; financial, contractual, and tax obligation; and the Federal and State rules and regulations in performing contracts. 20 INNOVR architects 4 CONTRACT MANAGEMENT 4. approach As architects, INNOVA is accustomed to serving as prime consultant to our clients, coordinating the design effort, facilitating communication with all team members, and organizing the project documents. The City of Federal Way can feel confident that your project will be a priority and that the team will remain consistent through the life of each project, and there will be a clear chain of command agreed to at the onset of a project. Successful project management starts at the top with Project Manager, Scott Saladis. Scott will oversee the entire project. He will work closely with other INNOVA staff. Scott will coordinate with consultants Cross Engineers and GDM for the electrical and mechanical systems designs. Scott will directly supervise all project designers. He will hold regular team meetings to coordinate the project with INNOVA staff and subconsultants. These weekly meetings will generate various action items, which are tracked for completion at each meeting. He will perform Quality Control reviews at various stages in design, continuously report progress and updates to the City of Federal Way contact, and respond rapidly to any RFIs. INNOVA will remain as the primary point of contact for all correspondence. We retain a high level of communication with clients throughout every project. City of Federal Way staff will be involved during the entire progression of the project. We communicate through weekly meetings during both design and construction processes, and we communicate by phone and email daily or weekly as the project demands. INNOVA will initiate owner meetings for coordination of the project details. During our information gathering time period, we will communicate with the City of Federal Way about what information we are seeking, what we have gathered, and what other details you might have that would be useful to us. INNOVA will continuously report progress and updates to the City of Federal Way contact, and respond rapidly to any inquiries. We will communicate and meet with the City of Federal Way to share our findings, proposed solutions, and concepts of design items. We will then review input and feedback. INNOVA 21 architects 4. approach PUBLIC ENGAGEMENT EXPERIENCE INNOVA's primary focus of work is for government agencies and other public -sector clients; as such we have a long history of successful collaborations. This experience with public -sector clients means that we have worked on numerous projects that required interaction with complex teams comprised of the public, key stakeholders, committees, and advisory groups in order to arrive at a solution that would meet the goals of all interested parties. We understand the need to share information and acknowledge input from the community so they are invested in the success of this project. We have hosted and participated in hundreds of public meetings and workshops to gather input from users and present design alternatives, and we are skilled at eliciting valuable feedback both through individual interviews and in a group setting. Purpose of an outreach program • Involve the community in the planning of the project with the goal of gaining their acceptance and positive support of the project • Develop a better project by utilizing input from the various stakeholders affected by the project • Operate as a responsible developer within the context of the neighborhood • Satisfy the public notice requirements Goals in setting up an outreach program • Develop and maintain political and community support for the project Eliminate, or at least minimize, the possible roadblocks (administrative, political, and public) to the development project, which could create delays and added costs We have used several strategies to gain information from communities in the past. One thing we've learned is that while online polling and social media has increased the access for the public to provide feedback, the best way is still in a forum where we can create dialog and people can hear what people in the community are saying directly. The best way we have found to get good public involvement in this way is by working with our clients to maintain a list of community activists and people interested in the project that can be contacted directly. In addition to just posting notices about meetings, we've asked our clients to specifically invite those people and bring their friends. Being invited exponentially increases their commitment to attend. We come to community meetings prepared with presentations and slideshows to explain the project goals and approach and to educate all stakeholders about options for the facility. We introduce many design trends seen in similar facilities so that those unfamiliar the project can understand how the project might actually be able to serve their needs and the client can fully appreciate the diversity of programming opportunities. This provides an understanding and brings people up to date on the project and solicits useful input, eventually generating excitement and support for the project, Our aim is to facilitate an open and fair forum. While it is not always possible to get everyone involved in the project to agree, we'll create an inclusive environment that makes the community feel valued for their opinions. Treating people equitably and respectfully can result in their support for the project even if they don't agree with all aspects of it. We have been creative with how to use stakeholder and public input for programming. The following are examples of past projects that have included community input: 22 I Y I OVA architects 4. approach KING COUNTY HOUSING AUTHORITY HIGHLAND VILLAGE PHASE II BELLEVUE, WASHINGTON INNOVA worked with the King County Housing Authority and the City of Bellevue to prepare a feasibility study that validated the construction of a new 3-story, 36-unit apartment building that will maximize the affordable housing available at the Highland Village site. The Scope of Work included engaging with the community to gather feedback on the project. fNNOVA then incorporated this input into the design. ALGONA CITY HALL AND COMMUNITY CENTER ALGONA, WASHINGTON INNOVA was involved in this project from the early phases of programming, assisting the City in bringing their vision of a new Community Center and City Hall to fruition. This involved multiple scoping workshops with City staff in order to develop a better understanding of the space needs of the staff and to shape a direction for the look and feel of City Hall. The output of these workshops was then presented to the community through a series of meetings and used to generate a "wish list" of services desired by the community for their new community center. Initially envisioned as a larger building with an indoor gymnasium, INNOVA was able to take information gathered from both community meetings and meetings with city staff to present the idea of combining the Community Center and City Hall, giving the City an efficient new building that serves the community and improved the functionality of City staff. COMMUNITY RECREATION AND AQUATIC CENTER STUDY WHIDBEY ISLAND, WASHINGTON INNOVA was hired by the South Whidbey Parks and Recreation District to analyze ways for the community to reach its goal of building a facility that housed community services, active recreation, and aquatics. The approach was to build on the Parks and Recreation master plan, which proposed a facility of this type. A major challenge that drove the project's schedule was the need to provide enough information to the commissioners in time for them to decide on proceeding with a ballot measure only a few months later.Another challenge was satisfying the community's expectations while working within a tight budget. The project budget was determined by what the parks commissioners felt the voters would support in a bond; however, it was evident that it would not be enough to accommodate all of the identified desires. To gain community input and demonstrate the constraints of the budget, INNOVA hosted a community charette. Those who attended were divided into approximately 10 groups of five or more people and were given a package of Monopoly® game -style cards containing all types of program elements. Each group had to "purchase" what they most wanted within the budget. By using this interactive method, INNOVA obtained valuable input that helped prioritize the elements into current and future phases. Subsequent meetings with the community included presenting concept plans based on community input, as well as the economic impacts for construction and operation of the facility. In order to achieve the most function in a facility such as this for a relatively small community, we proposed to design spaces that maximized versatility and multi -functionality. For example, the adjacency of the party and aerobics rooms allow both to serve multiple functions as well as a combined function for parties, meetings, community events, and active recreation. The end result provided the best value for the dollar. INNOVA- 23 architects 4. approach CHELAN COMMUNITY, AQUATIC, AND RECREATION FEASIBLITY STUDY CHELAN, WASHINGTON INNOVA's collaborative working style was a key part of why we were selected for this project. We kicked off this project by meeting with key stakeholders and the pool planning committee which had been working on the idea of a community, aquatic, and recreation center for several years; and had even attempted to pass a voter measure for it in the past. We learned was they needed more information, data, and a way to substantiate the idea put to the voters. Based on the input we received, we designed two concepts for the top two sites in Chelan, Washington. Each solved the preferred program elements in different ways in order to address the site specific features. We used our proprietary recreation and aquatic center survey data to prepare an operating proforma, which ultimately was the key information needed to validate the project and costs to the voters. FUNDING We understand that the FWCC Locker Room Renovation project will be partially funded with American Rescue Plan Act (ARPA) funds. INNOVA has experience integrating and coordinating different funding sources into a project. INNOVA's education division has spent decades working with the Washington State Office of Superintendent of Public Instruction (OSPI) on new construction, new -in -lieu, and modernized school facilities. Our team's understanding of the School Construction Assistance Program (SCAP) has made us one of the leaders in guiding districts to maximize available state funding assistance. Our experience and knowledge of these processes and regulations has provided our clients with successful funding. We will utilize this experience when seeking ARPA funding. We will hold planning meetings with City staff and project stakeholders early in the design process, to confirm funding allocations and facilitate preemptive submittal timing coordination efforts. AMERICANS WITH DISABILITIES ACT STANDARDS As architects we are required to be specialists in accessibility requirements. We must incorporate ADA accessibility into every portion of design: for access, use, and for all amenities offered. Our designs incorporate ADA lifts, pathways, grab bars and all the other many details required. We are familiar with the ICC/ANSI A117.1 2009 Standards which describes how accessibility is to be accomplished, gives technical requirements, and dimensions. On a Federal level, our designs adhere to the Uniform Federal Accessibility Standards (UFAS) and Americans with Disabilities Act Standards for Accessible Design (to conform to Section 504). We routinely reconfigure common areas to replace doors to achieve minimum maneuvering clearances, adding grab bars and ADA-compliant toilets and sinks; converting tubs to roll - in showers; adjusting light switches and outlet heights to be within allowed reach ranges; and updating alarms for both audible and visual notification. 24 INNOVA architects 4J Lynnwood Pool Envelope CHALLENGES WITH A POOL FACILITY Moisture Meter 4, approach Blower Door Testing Pool Facilities are technically challenging structures with unique construction requirements with regard to heat, light, and moisture. Our expert staff' offers the City of Federal Way the convenience of having a prime consulting firm that is qualified to design the pool environments identified in this project. We are a local team that will be responsive to your needs, not only during this project, but continue to serve our clients and projects for many years to come. Natatoriums are continuously filled with warm, humid air with various chemicals from the water treatment that can all play havoc on the rest of this building, as well as anything within it. A good case in point for demonstrating this would be the Lynnwood Recreation Center Pool. The facility was remodeled and expanded in-2 00 1. Within approximately 9 months, INNOVA had been contacted about putting together a team that could help investigate'the issues it was having in the natatorium: Already apparent was rusting, poor air quality, water dripping inside and outside the building envelope, and even the lifeguard's computers corroding. Being able to quickly understand the core issues of poor air systems and building envelope vapor barriers, we pulled together a team to start doing in-depth testing that led to some immediate repairs to keep the building from further damage. Jesse Barksdale of GDM Engineers eventually led the design effort to replace and upgrade the mechanical systems while we coordinated the repair of the building envelope issues where it was possible. A pool facility provides weather protection and insulation, just like any other building, but it also must control a unique interior environment of high humidity, vapor, air pressure, and chemicals, among other factors. This must be carefully controlled with the mechanical (HVAC) system hi order to work properly. Both must work in tandem to maintain the interior environment and sustain the enclosure. The design of the enclosure must be carried out in conjunction with a mechanical engineer. Ideally the natatorium enclosure shall be energy -efficient and low in maintenance. This means we would want to make sure there was good insulation and air seals. INNOVA 25 architects 5. completion date PROJECT TASKS AND HOURS The following summary of tasks and hours associated with them is based on the information provided in the RFQ as well as the extensive knowledge that INNOVA and our design team have accumulated throughout years of performing similar scopes of work on other facilities. Only after project award and establishment of scope through meetings with City staff will our team be able to finalize hours required to complete the project. Based on INNOVA's previous experience with re -plastering projects, we expect that drawings and specifications can be prepared within 4-5 weeks of project award. Permitting through the State Department of Health can be upward of 8 weeks review time, although we have experienced shorter review times in the past. SITE INVESTIGATION/ INFORMATION GATHERING Our team will review any existing documentation that is available fi•om the City, including the previously completed condition assessment. Prior to starting any design work, INNOVA's team will meet with representatives from the City of Federal Way to discuss the overall goals for the project and finalize the overall project schedule. Once the overall scope is defined, INNOVA and our design team will conduct a site visit. Estimated hours for Site Investigation/ Information Gathering: 51 hours DESIGN CONCEPTS During the conceptual design phase, we will work with the City to define the look and feel for the project and start addressing any issues related to existing conditions. Estimated hours for Design Concepts: 86 hours PUBLIC OPEN HOUSES fNNOVA will assist the City of Federal Way to coordinate and develop materials for two public open houses. Estimated hours for Public Open Houses: 10 hours DESIGN DEVELOPMENT We will further detail the design and decisions established in the Conceptual Design phase. Estimated hours for Design Development: 94 hours CONSTRUCTION DOCUMENTS This phase includes finished drawings and specifications prepared for construction. Finish detail design and final color and material selections will be defined. Final review and adjustments to the construction cost estimate will be made. Estimated hours for Construction Documents: 76 hours BIDDING/ CONSTRUCTION ADMINISTRATION INNOVA will support the City by responding to bidder questions and issuing the appropriate addendum. During construction, INNOVA will help streamline the process; acting as your agent, assistant and advisor. Estimated hours for Bidding/ Construction Administration: 112 hours 26 INNOVA architects 5, compietion date SCHEDULE The time frame described in the RFQ indicates that design should be 100% complete by March 2024 and permits approved by June 2024. This is a reasonable schedule that we are prepared to meet. We will work with the city and pool staff to meet specific deadlines for review periods and any required City Staff / City Council meetings etc. Shown below is a concept for a schedule of your project: M a p No a NO a O N N N N N O V N O N O N N Q a C O QI N p� 4 N N N d E N N O O O '• E v E cu E > u Cfl- Z 0 9 O Z 1 2 3 4 5 6 7 8 9 10 11 12 13 Programming & Design 0 Kick-off meeting a Review Existing Conditions/Site Assessment Report �--� Develop 30% Design �--� City review of 30% 0-0 Public Open House #1 0 Develop 85% Design �--+ City review of 85% Design Public Open House #2 Presentation to City Council Permitting Compile and submit permit documents Review (runs concurrently with 90% design) Respond to permit comments/resubmit Approved Permits Construction Documents/Bidding Develop 100% (CD) Design Documents City review of 100% Design Finalize Construction Documents City of Federal Way - Bidding Phase City of Federal Way - Award Contract/Contractor Negotiations Construction Phase Close out r-p e— w r INNOVA 27 architects 5. completion date MEETING PROJECT TIMELINES WITH EFFECTIVE SCHEDULING & COORDINATION INNOVA has provided on -budget, on -schedule projects for our clients for 50 years. We have the proven ability to create a realistic and effective vision and implementation plan for the City of Federal Way, assigning realistic time allocations to integral tasks, and identifying virtually all identifiable target dates and client requirements into a comprehensive schedule. We have an exceptional history of meeting design schedules, with none of our recent projects having exceeded their design schedules. This accuracy has enabled INNOVA to maintain a high level of performance in completing Critical Path Schedules. We believe that continuous and effective communication with the project participants throughout the project development minimizes the constraints and problems that can otherwise arise. Project Manager Scott Saladis will spearhead project presentations and is the conduit for communications within the design team and the owner to keep the project moving along on schedule. Correspondence will be documented following established standards to assure an accurate record of all aspects of the services. Prior to final review and sign -off, Scott will perform a review to make sure all requirements have been met. Each member of the team is committed to providing quality service to our clients, from administration to CAD drafters, and Project Managers to the Principal -in -Charge. Each member understands that they are playing a role in the process and is therefore accountable for their- responsibilities. In order for the plans, specifications, reports and other aspects of the design to achieve the level of organization and clarity we demand and keep the project on schedule, there must be established guidelines, roles and standards for project organization and formatting that are understood by all. These established office and industry standards are taught and kept available to each team member. 28 INNOVA architects 5. completion date COST CONTROL INNOVA's cost control efforts start early in the design process. Cost estimates are based upon known conditions, past experience, recent bid data from actual projects, and a.creative visualization of the design. Our cost estimator will price the scope of work for the time place and means and methods of the scope of work based on experience guided by cost data information. This produces unique cost data for every project that is within consistent ranges for scope of work of the project. Therefore, the baseline cost data we develop and obtain from a variety of sources is then appropriately used for the project estimate based on the conditions of the construction of the scope of work. Our Bid history confirms our methodology of pricing produces consistent construction cost data during design. We will work closely with the City of Federal Way Project Manager to control costs and reduce the risk of cost changes throughout the project. We typically review the scope of work and develop a concept design and a rough -order -of -magnitude cost estimate. Once complete, our PM discusses any concerns with the City of Federal Way regarding cost and develops solutions. As we design, we are able to contemplate the cost impact of including various sustainability elements into the facility's design. The key factor here is consideration of both development costs and life -cycle costs of the sustainable practices and products implemented. This is critical, not only to the overall health of the building, but it also serves as a good preventative maintenance measure. The overall cost savings for a building that will be owned and maintained over the years by the same entity makes sustainable design a cost-effective decision. INNOVA 29 architects 5. completion date RECENT COST CONTROL EXAMPLES INNOVA has developed a prestigious reputation in the Puget Sound region for being able to make a challenging project become successful, when at first it was not considered viable. We thrive on solving complex problems through creative means, oftentimes using cost-effective solutions to make projects viable for our clients despite financial constraints or other limitations. We provide unparalleled value for our clients by balancing good design, practical solutions, and budget considerations in a resourceful way that allows us to achieve results for our clients. INNOVA is using this unique and valuable capability to make projects viable for Cities, Park Districts, Private Businesses, Port Authorities, and the Federal Department of Defense. A private project example is in 2017 a company named IDS, a California REIT, on Wall Street developing a 820,000 square foot facility in Lacey was working with a California architect and structural engineer and the project was over budget by $1M. Based on word of mouth they were told to hire us and within one week we compiled a concept of how to save them $1.2 M dollars by approaching the structure design in a different manner. We were hired to design and complete the project, and in 2019 the construction was complete and in the end our work saved the client over $1.2 Million dollars. A public project example is in 2017 we were working for'the City of Algona to design their City Hall and community center. The concepts were initially found to be $2M over budget and the Mayor called us and said the project was cancelled due to being over budget. This budget was news to us and we asked the Mayor to allow a second opinion from a geotechnical engineer we knew. We suspected the pile foundations were a driving force for the budget problem and based on our 29-year history designing buildings on the Valley soils, we understood there were better more economical ways to deal with the soil challenges than to propose piling. We recommended a different geotechnical engineer and asked that a concept be considered where the site is pre -loaded with dirt fill to cause it to compact and get all settlements out before the new building is built. The mayor considered our proposal and the analysis proved a success. We were then able to propose a better design, still achieving all the city needed and wanted but in a manageable way that would not need expensive piling foundations and still be a quality project. The project saved $2 Million dollars and was successfully built and completed and opened in 2018. 30 I N N OVA architects CLIENT REFERENCES City of Covington Ethan Newton, Parks & Recreation Director 16720 SE 271 st Street, Suite 100 Covington, WA 98042-4964 253.480.2481 1 enewton@covingtonwa.gov Project. Covington Aquatic Center Condition Assessment City of Vancouver Jon Sears, PMP Facilities Capital Projects Manager P.O. Box 1995 Vancouver, Washington, 98668 360.487.8319 1 jon.sears@cityofvancouver.us Projects: Marshall Community Center Pool Evaluations and Renovations, Design & Construction (in progress) Eastmont Metropolitan Park District Sally Brawley Director of Parks & Recreation 255 N Georgia Avenue East Wenatchee, WA 98802 509.884.8015 1 sbrawley@eastmontparks.com Project: Eastmont Aquatic Center 0. COUNCIL MEETING DATE: December 5, 2023 ITEM #: 7b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CISCO PHONE SYSTEM UPGRADE POLICY QUESTION: Should Council approve the purchase of Cisco WebEx Calling licensing & hardware and enter into a 60-month Cisco Enterprise Agreement with option to renew for an additional 36-months? COMMITTEE: N/A CATEGORY: ❑ Consent ® City Council Business STAFF REPORT BY: Thomas Fichtner MEETING DATE: N/A ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: Information Technology Attachments: 1. Staff Report 2. Cisco Enterprise Agreement Program Terms for End Users (sample) 3. Zones quotes for WebEx Calling licensing & hardware 4. Zones Professional Services Proposal Options Considered: 1. Approve the proposed purchase and agreement. 2. Do not approve the proposed purchase and agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: t a Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed purchase from Zones, LLC. and authorize the Mayor to execute the .Cisco Enterprise Agreement for a total five years and not -to -exceed the amount of $395, 000. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 29, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Thomas Fichtner, I.T. Department SUBJECT: Cisco Phone System Upgrade Financial Impacts: In the 2023 IT Capital Budget, $40,000 was appropriated for this project, which was not sufficient due to inflation and the rising costs of labor and computer hardware. As part of the 2023 year-end Budget Amendment, the $40,000 was carryforward to 2024 in anticipation of this project. Detailed later in this Staff Report, it is recommended not to replace the servers, but instead migrate to the WebEx Calling platform. As part of this migration, there is additional hardware and professional services required, which will require additional funding for this project, in addition to the $40,000 included in the 2023 year-end Budget Amendment. The Information Technology Capital Replacement Reserve Fund, has sufficient balance to fund this project. As part of the first Budget Amendment in 2024, IT will request an additional $135,000 from the IT Capital Replacement Reserve Fund (502) to cover the total cost of this project. The on -going operational and support costs are included within the existing 2023/2024 Information Technology M&O budget. Upon completion of the Cisco WebEx Calling project, the total one-time cost to the City in 2024 will be $182,947, while the total ongoing operation and support costs are estimated at $45,973.89 annually. No payments will be made out of the 2023 budget. All pricing quoted is on the NASPO or NCPA procurement contracts, which the City is authorized to use as purchasing vehicles. Background Information: In 2016, the City migrated from an Avaya analog Private Branch Exchange (PBX) telephone system to the current on -premise Cisco Unified Communications Manager (CUCM) telephone system. At that time the City purchased servers, desk phones, a router, and all associated Rev. 7/18 licensing and professional services to complete the project. The CUCM telephone system is powered by two servers hosted in the City's datacenter. The City has maintained these servers for the past seven years and now they have reached the end of their functional life, are no longer supported by Cisco, and need to be replaced. While working with Cisco and our vendor, Zones, LLC., to investigate replacement options, Cisco presented two paths; upgrade the servers and stay on -premise, or migrate to their Cisco WebEx Calling cloud platform. The price and features of the WebEx Calling platform were intriguing and the City chose to do additional research on the WebEx Calling platform to see if it would accommodate the City's needs and would be a cost-effective system into the future. As outlined in the comparison chart below, the City would actually be saving a significant amount of money over five and eight years with the Cisco WebEx Calling platform. Cisco UCM (On -Premise) WebEx Calling (Cloud) Hardware one-time Hardware (one-time BE7K UCS Servers Capital Purchase $ 31,917.24 8832 Conf Phone Replacement (8) $ 5,198.56 VMWare vSphere 8 Std (1 CPU, 32 Core) 3 Yr $ 1,659.38 8851 Desk Phone Replacement (30) $ 9,828.30 Cisco 8300 VoIP Router Capital Purchase $ 14,444.49 6821 Public Phones (8) $ 538.64 8832 Conf Phone Replacement (8) $ 6,076.40 VG400-8FXS (1) $ 2,389.29 VG400-8FXS (1) $ 2,389.29 VG400-6FXS/6FXO (1) '$ 4,195.02 VG400-6FXS/6FXO (1) $ 3,352.81 VG400-4FXS/4FXO (1) 1 $ 2,441.95 VG400-4FXS/4FXO (1) $ 2,441.95 VG400-2FXS/2FXO (3) $ 5,073.57 VG400-2FXS/2FX0 (3) $ 5,073.57 _ Alarm/Elevator System Upgrade Est. (CH/FWCC/PAEC $7,500.00 Professional Services (one- time) Professional Services (one- time) Zones Migration Services $ 52,187.00 Zones Migration Services $ 55,872.00 Rev. 7/18 Annual Subscription/ Maintenance(On-Going)_ $ 20,940.49 Annual Subscription/ Maintenance(On-Going) FLEX Licensing (Annual) EntW WebEx Calling A- FLEX-EACL (381) (20% growth) $ 31,469.46 *275 Knowledge Worker/330 Device & VM/138 Common Areagrowth) Outbound Calling Plan A- AUD-OCPI-EA (381) (20% $ 12,584.43 Lumen T1/SIP/Long Distance - $1373.89 Monthly Average) $ 16,486.68 *includes Long Distance within US and Canada Lumen Copper Lines - ($650 Monthly Average) $ 7,800.00 SmartNet for UCS Servers (Annual! $ 1,342.53 DID Parking (100 DIDs @ $.85/mo ea) $ 1,020.00 SmartNet for VoIP Router (Annual! $ 1,618.42 VMWare vSphere Standard 1 CPU Annual $ 970.83 Cellular Plans for Alarms & Elevators ($75/mo Est.) (CH/FWCC/PAEC $ 900.00 Totals Totals Total one-time Hardware/Professional Services(including tax) $131,615.89 Total one-time Hardware/Professional Services(including tax $ 102,434.10 Total Annual Subscri tion/Maint/Lumen $ 49,158.95 Total Annual Subscription $ 45,973.89 Total 5-year Cost $377,410.66 Total 5-year Cost $ 332,303.57 Total 8-year Cost $623,515.68 Total 8-year Cost $ 470,225.26 *With estimated hardware refresh @ year 7/8 for new servers, software, professional services. This estimate includes a 15% inflation estimate based on today's pricing listed above. Optional Room Equipment (one-time) Cisco Room Bar Pro (1) $ 5,256.52 Cisco Room Kit Plus (3) $ 23,867.13 Cisco Room Kit Plus Extra Mic 2 $ 426.04 Cisco Room Kit Pro (1) $ Rev. 7/18 15,504.67 Cisco Room Kit Pro Extra Mic 1 $ 732.88 Cisco 730 Headsets (50) $ 12,119.50 Cisco 562 Headsets (50) $ 11,171.00 Cisco Webcam 1080p (50) $ 4,049.50 Total Optional Equipment (includin tax $80,513.09 Total 5-year Cost (including optional room _quip $412,816.66 $550,738.34 Total 8-year cost (including optional room e ui ment) Zones Total NTE (5- years): $394,959.16 **Gray shading in the WebEx column above indicates a cost not associated with WebEx/Zones. As shown in the pricing comparison chart above, the WebEx calling platform saves the City $45,107.08 over 5-years (60 months) and with the option to renew for an additional 3-years (36 months), the City saves a combined total of $153,209.42 over the existing CUCM on -premise system. This calculation is including the necessary replacement of the CUCM servers again during years 7/8. In addition to long-term savings, some of the benefits of the WebEx Calling platform include: • Hosted entirely by Cisco; the City will not need to maintain, patch, upgrade and secure servers in the datacenter. • The voice lines are also hosted by Cisco, which would eliminate the need for copper CenturyLink/Lumen T-1 lines at City Hall. • The WebEx Calling plans include long distance within the United States and Canada (which the City currently pays per minute for). • Significantly easier management of the phone system, reducing the technical skills gap that will be created by the upcoming retirement of the City's telecom expert. ■ WebEx Calling works with the large majority of the City's existing Cisco desk phones and they will not need to be replaced. This City will need to purchase new conference phones, 50 new desk phones, and 5 public area phones, to replace the phones that are currently in -use, but not supported by WebEx Calling. Rev. 7/18 • WebEx Calling includes limited version of WebEx Meetings, which allows for some video conferencing using WebEx (up to 40 minutes) for all staff. This can be upgraded if the City chooses to in the future. • WebEx Calling also includes instant messaging within the City between staff for an easier and quicker form of communication than email. • WebEx Calling is accessible from anywhere on any device (desk phone, PC, laptop, iPhone, iPad, etc.) maximizing mobility options in the future. • If the City's network experiences an unforeseen outage, phones will still be active in the cloud and on other devices such as iPhones. The current on -premise system is unable to do this. • The Cisco Enterprise Agreement includes up to 20% licensing growth on the WebEx Calling platform which, at an initial license purchase of 381, equates to up to 76 additional licenses before additional licenses need to be purchased. The City did look at the direct competitor, Teams Phone, by Microsoft, which would be an add - on to the Teams Meetings that is already included with the City's existing Microsoft M365 G3 licensing. When priced out, the Teams Phone solution would cost the City an estimated extra $33,000 per year in reoccurring costs ($165,000 over five years and $264,000 over eight years), however all of the desk phones would need to be replaced causing a much higher one-time capital cost for phones and a steeper learning curve for staff. While it would make sense to consolidate to one platform instead of utilizing Zoom, Teams, and WebEx, it didn't make sense due to the high cost up -front and ongoing. The Teams platform (launched in 2017) is also not as mature as the WebEx platform (launched in 1995). Rev. 7/18 Cisco Confidential Cisco Cisco Enterprise Agreement Program Terms for End Users 1) Program Overview. a) EA Program. The Cisco Enterprise Agreement buying program (the "EA Program") provides You access to certain Cisco Technology and Services offered as Suites and Add-ons. b) Applicable Terms. These terms ("EA Program Terms") together with the applicable Enrollment Descriptions and End User Information Form ("EUIF"), which are incorporated by this reference, govern the EA Program. The End User Terms govern Your Use of the Cisco Technology and Services purchased under the EA Program ("Purchased Suites"). Any capitalized terms not defined in these EA Program Terms have the meanings set out in the End User Terms. You agree to the terms of these EA Program Terms by the earlier of You (a) placing Your initial order for Suites offered under the EA Program with an Approved Source, or (b) signing these Program Terms. 2) Purchases and Adjustments a) Ordering. All purchases will be made through Your Approved Source and all pricing will be provided by Your Approved Source. You may purchase Suites under the EA Program after Cisco has received the EUIF signed by Your authorized representative listing (a) Your Participating Affiliates; (b) the Purchased Suites; (c) the Suite Term; and (d) accurate Meter counts for You and all Participating Affiliates. You can then place an order for the Purchased Suites according to the process set forth in Your purchasing agreement with the Approved Source. Your first order under the EA Program must meet the minimum requirements for the EA Program ("Initial EA Order"). b) Purchasing Additional Suites. You may purchase additional Suites by submitting a new EUIF and order to the Approved Source. Suites and Add-ons purchased after Your Initial EA Order will by default co - terminate with the purchases in the Initial EA Order if there is at least 12 months remaining in the EA Term. The following scenarios must be covered under a new EA Program purchase subject to Cisco's then -current EA Program Terms or through a separate license purchase: (i) You make a purchase of a new Suite or increase Use above Your then -current Entitlement when there is less than 12 months remaining in the EA Term, (ii) You choose not to co -terminate Suites and Add-ons purchased after Your Initial EA Order, or (iii) Embedded Software is delivered within the last 12 months of or after the end of the EA Term. You may purchase Suites or Add-ons after Your initial purchase in an Enrollment only through the Approved Source that sold the initial Suite within that Enrollment. c) Services. Basic Services are included in the price of the Purchased Suite and described in the applicable Enrollment Description and End User Terms. Higher levels of Services may be available for You to purchase as described in documentation provided to You at the time of purchase. d) Payment Obligations and Growth. The Approved Source relies on the information You provide in the EUIF to establish the EA Commitment. During the Suite Term, Your EA Commitment may increase as a result of increases in Use or Your purchase of additional Suites or Add-ons. i) True Forward. "True Forward" is Cisco's periodic review and prospective billing process for increases in Use above Your then -current Entitlement. Cisco will conduct a True Forward review on an annual basis. At a True Forward review, if Your Use is greater than Your then -current Entitlement for the measured Suite or Add -on, then (i) You will be invoiced and will pay for all charges for such increased Use for the remainder of the Suite Term, and (ii) Your Entitlement for that Suite or Add -on will be adjusted on a going -forward basis to the increased Use level. (1) Initial Growth Cap. If Your Use at anytime during the first six months of the Suite Term exceeds 105% of Your then -current Entitlement ("Initial Growth Cap"), then Cisco has the right to (1) issue to Your Approved Source(s) a True Forward invoice for all associated charges for such increased Use over the applicable Entitlement for the remainder of the Suite Term, after accounting for any applicable Growth Allowance; and (2) adjust Your Entitlement for that Suite or Add -on on a going -forward basis to the increased Use level. (2) Growth Allowance. Certain Suites (as specified in the Enrollment Descriptions) are eligible for a set amount of free growth ("Growth Allowance") after the first six months of the Suite Term. For eligible Suites, at the time of Your next True Forward invoice, Cisco will charge Your © 2023 Cisco and/or its affiliates. All rights reserved This document is Cisco Confidential Information. May 14, 2023 Cisco Confidential Approved Source for increased Use above Your initial Entitlement (which may have already increased up to 105% during the first six months) minus any specified Growth Allowance. ii) Verification. Cisco may request Your assistance to verify the quantity of Cisco Software You have Used, to accurately calculate Your True Forward payment obligation. If Cisco reasonably believes You have Used a greater quantity of Software than Your then -current Entitlement, upon request from Cisco and no more than once per 12-month period, You will provide verification information (such as order records) regarding the quantity of Software You have Used. e) Value Shift. Value Shift is only available for certain Suites. If You purchase a Suite that is eligible for value shift (as specified in the Enrollment Descriptions), then during a True Forward review, the residual value of any purchased but unused licenses in the applicable Suite will automatically be applied to offset fees for increased Use of other licenses within the same Suite. f) Price Predictability. True Forward charges will be based on not -to -exceed pricing as provided to You by Your Approved Source. The pricing and discount terms for specific Suites apply only to the Approved Source You selected for the applicable Suites. g) Responsibility for Affiliates. Your payment obligation will be based on the EA Commitment by You and any Participating Affiliates. You remain responsible for all actions and payment of all charges incurred by You, any of Your Participating Affiliates, or any individual otherwise permitted by You or any of Your Affiliates to access or order Suites and Add-ons. In addition, You will provide Your Approved Source with an updated list of Participating Affiliates to ensure compliance with the EA Program. 3) Term & Termination a) EA Term. These EA Program Terms will remain in effect until expiration or termination of all the Suites and Add-ons purchased in Your Initial EA Order ("EA Term"). b) Suite Term. The Suite Term for each Purchased Suite will commence on the Suite Start Date and last for the period set forth in the EUIF, or as specified in the order with the Approved Source, unless terminated in accordance with section 3(c)(i), below. c) Termination. i) Either party may terminate these EA Program Terms or a Purchased Suite if the other party materially breaches these EA Program Terms and does not cure the breach within 30 days of written notice of the breach. If You materially breach these EA Program Terms (including for non-payment of undisputed fees to the Approved Source), Cisco may suspend Your access to the EA Program (including Use of specific Suites or Add-ons, or resources such as the Cisco EA Tool) after providing You notice and an opportunity to cure as set forth in this section. ii) Other than as provided in this section 3 and to the extent permitted by law, these EA Program Terms and any orders accepted under these EA Program are non -cancellable and may not be terminated. d) Consequences of Termination or Expiration of a Suite Term. i) If these EA Program terms terminate pursuant to Section 3(c)(i), or if the Suite Term You have purchased under the EA Program expires, then any rights to access or Use Cisco Technology or Services, and the Cisco EA Tool, and resources available as part of the EA Program, will terminate. ii) If You terminate for Cisco's uncured material breach of these EA Program Terms, Cisco will provide a refund to the Approved Source for the remaining pro rata portion of amounts prepaid to Cisco attributable to the period after termination. iii) If Cisco terminates for Your material breach, You will pay Your Approved Source all unpaid fees through the end of the then -current Suite Term for all terminated Suites. 4) Delivery, Tax, and Customs a) Delivery. Cisco will make electronically delivered Software available to You and Your Affiliates in the transaction country of record and You are responsible for distributing such Software across Your organization. Software delivered on newly purchased Cisco hardware will be made available to You and Your Affiliates at the address provided with the purchase order forthe Cisco hardware, and for purchases of Cisco hardware You must use the EA Tool during the setup of Your Cisco EA. b) Embedded Software. During the Suite Term, for Purchased Suites that include Embedded Software, the © 2023 Cisco and/or its affiliates All rights reserved This document is Cisco Confidential Information. May 14, 2023 Cisco Confidential value of Embedded Software will be deducted from the purchase price of the related Cisco hardware. If You are required to pay an Importation Fee, Your jurisdiction may use the value of both the hardware and Embedded Software to calculate the Importation Fee. Accordingly, the Importation Fee on the value of the combined products may be higher than if calculated solely using the price of the hardware. 5) Interpretation a) Order of Precedence. If there is a conflict between these EA Program Terms, EUIF, Enrollment Description, and the End User Terms, the order of precedence for any Purchased Suite is: the EUIF, the Enrollment Description, these EA Program Terms, and then the End User Terms. b) Assignment & Transfer, Neither these EA Program Terms, nor any right or obligation herein may be assigned or transferred by a party (including under Cisco's Software Transfer and Relicensing Policy) without the other party's prior written consent, which may not be unreasonably conditioned, withheld, or delayed. However, to continue providing You with the benefits of the EA Program, Cisco may assign or transfer its obligations (in whole or in part) upon written notice to You in the event of an acquisition of business assets to which these EA Program Terms relate. Any attempted assignment without the other party's consent shall be void and of no effect. When validly assigned or transferred, these EA Program Terms will bind and inure to the benefit of the parties and their successors and assigns. c) Entire Agreement. These EA Program Terms together with the applicable Enrollment Descriptions, End User Terms, and EUIF constitute the entire agreement between the parties concerning the purchase of Cisco Technology and Services under the EA Program and supersede all prior oral or written communications between the parties. 6) Definitions. These terms have the meanings specified below. a) "Add -On" means an optional Cisco Technology and Services offering that is available as an add -on purchase to an, underlying Suite. b) "Cisco EA Tool" means the applicable platform, website, tool, or portal that Cisco makes available to You under the EA Program from time to time to enable You to: (i) view and manage Your Entitlement, Use, and the Suites and Add-ons; and (ii) access information about the EA Program. c) "EA Commitment" means Your purchase commitment in the Purchased Suite for You and all Participating Affiliates. d) "Embedded Software" means Software that is delivered on newly purchased Cisco hardware. e) "End User Terms" means: i) for Cisco Technology, the End User License Agreement ("EULA"), including applicable Product Specific Terms, available at http://www.cisco.com/go/eula, or equivalent written agreement between You and Cisco for accessing and using Cisco Technology, (the "Licensing Terms"); and ii) for Services, the applicable Service Descriptions available at https://www.cisco.com/clen/uslabout/lelp,al/service-descriptions.html (collectively the"Services Terms"). f) "Enrollment" means a combination of Suites and Add-Ons belonging to the same Cisco Technology and Services family. Cisco DNA, Cisco Data Center, Cisco Security Choice, Cisco Meraki, Cisco Services, and Cisco Collaboration Flex Plan each represent an Enrollment. g) "Enrollment Description" means the description of EA Program features applicable to the Cisco Technology and Services in an Enrollment. h) "Entitlement" means the type, duration, and quantity of Suites and Add-Ons that You have committed to acquire, as adjusted (e.g., as a result of a True Forward). i) "EUIF" means the End User Information Form for the Purchased Suite. j) "Meter" means the unit of measurement for Cisco Technology and Services Use. k) "Participating Affiliates" means Your Affiliates whose Meter counts are included on the EUIF, © 2023 Ciscoand/or its affiliates. All rights reserved. This document is Cisco Confidential Information. May 14, 2023 Cisco Confidential Cisco 1) "Services" means maintenance, technical assistance, or other support provided for the Cisco Technology in a Purchased Suite. m) "Suite" means a defined combination of Cisco Technology and Services made available under the EA Program. n) "Suite Start Date" means, with respect to each Purchased Suite, the earliest date any Cisco Technology in the Purchased Suite is made available for You to Use. o) "Suite Term" means, with respect to each Purchased Suite, the duration of the Purchased Suite. p) "Use" means to download, install, activate, provision, enable, or otherwise access Software or Cloud Services available under the EA Program. q) "You" or "Your" means the individual or legal entity purchasing Cisco Technology and Services under the EA Program as identified on the EUIF. ©2023Cisco and/or its affiliates All rights reserved This document is Cisco Confidential Information May 14,2023 Cisco Confidential r I I I r I I I r Cisco End User Information Form For End Users of the Cisco Flex Plans To purchase the Cisco Collaboration Flex Plan Enrollment or Cisco Spark Flex Plan under the Enterprise Agreement ("EA") an authorized representative of the End User must complete this form in its entirety and sign it. Your signature is required on this form prior to receiving access to the program. This form will be used ensure that You understand the terms of use that apply to Your Flex Plan. You will then be required to place an order for the Purchased Suite(s) according to the process set forth in Your purchasing agreement with the Approved Source. End User Overview Full Legal Name of the End User Organization (e.g., company, government entity Address of End User's principal place of business Participating Cisco requires any Participating Affiliate(s) for which you are purchasing coverage to be included in this End User Information Form. Cisco relies on this list to define the scope of the agreement, ensure accurate pricing, as well as effective provisioning and support. Participating Affiliate(s) ❑ None ❑ Only listed Participating Affiliates (to be recorded immediately below) Participating Affiliates ©2023Ciscoand/or its affiliates. All rights reserved. This document is Cisco Confidential Information. May 14, 2023 5 Cisco Confidential Cisco Collaboration Flex Plan Enrollment I11I.I11. Cisco You will have access to the Software and/or Services in the Suite(s) you purchase, as identified in any orders You place through Your Approved Source. Any additional purchases can be made by placing an order for the Purchased Suites according to the process set forth in Your purchasing agreement with the Approved Source. ❑ Cisco Collaboration Webex Suite Enterprise Agreement ❑ Cisco Collaboration Flex Plan Meetings Enterprise Agreement ❑ Cisco Collaboration Flex Plan Calling Enterprise Agreement ❑ Cisco Collaboration Flex Plan for Education Meetings Enterprise Agreement ❑ Cisco Collaboration Flex Plan for Education Calling Enterprise Agreement ❑ Cisco Collaboration Flex Plan Enterprise Agreement for Public Sector ❑ Cisco Collaboration Webex Suite Enterprise Agreement for FedRAMP ❑ Cisco Collaboration Flex Plan Enterprise Agreement for FedRAMP ❑ Cisco Collaboration Enterprise Agreement Webex for Defense End User Acceptance THE UNDERSIGNED REPRESENTS THAT THEY ARE AUTHORIZED TO SIGN THIS FORM ON THE END USER'S BEHALF AND THAT THE INFORMATION PROVIDED IS ACCURATE AS OF THE DATE OF SIGNATURE. THE UNDERSIGNED UNDERSTANDS THAT THE TERMS AND CONDITIONS ABOVE WILL APPLY IF AN ORDER IS PLACED. Full Legal Name of the End User Organization (e.g., company, government entity) You Represent Last Name, First Name ` 1 Title Date End User Authorized Representative Signature 0 2023 Ciscoand/or its affiliates. All rights reserved. This document is Cisco Confidential Information. May 14, 2023 Cisco Confidential 1I1I.I1I. Cisco Cisco Collaboration Flex Plan Enrollment Description & Supplemental EA Program Terms This Enrollment Description lists the available Suites under the Cisco Collaboration Flex Plan and additional terms and conditions that apply to the Cisco Collaboration Flex Plan Enrollment. You may purchase any or all of the Suites listed below, and for any particular Suite You purchase, You may select any or all of the available licenses listed. Purchasing a particular Suite does not give You access to licenses in another Suite. Cisco Collaboration Webex Meetings Cloud Service J Cisco I Webex App Cloud Service Webex Suite Collaboration Flex Plan OD; Webex Calling; or Cloud Service Webex Calling Dedicated EULA Instance Software Cisco Unified Communications Manager On -Premises Calling Webex Webinars Cloud Service Webex Events (formerly Cloud Service Cisco Webex "Socio") I Events OD; EULA Cisco Collaboration Cisco Meeting Server Software Cisco Flex Plan Meetings Webex Meetings Cloud Service Collaboration Enterprise Webex App Cloud Service Flex Plan OD; Agreement EULA Suite Cisco Cc Flex Plai Enterpri Agreem Licenses License Type Lice D. Ilaboration Webex App Cloud Service Cisc Cloud Service i Calling Webex Calling; or Coll ie Webex Calling for SP; or Flex ant Webex Calling (formerly EUL Cisco Spark Call); or Webex Calling Dedicated Instance Cloud Service UCM Cloud Calling Cisco Unified Partner Software Hosted Communications Manager Calling Cisco Unified Software Communications Manager On -Premises Calling Iboration Plan OD; a Deployed Knowledge Worker Deployed Knowledge Worker Deployed Knowledge Worker © 2023 Cisco and/or its affiliates. All rights reserved. This document is Cisco Confidential Information. May 14, 2023 7 Cisco Confidential r I I I r I I I r Cisco Cisco Cisco Meeting Server Software Cisco Deployed Collaboration Webex Meetings Cloud Service Collaboration Knowledge Flex Plan for — Flex Plan OD; Worker; Cloud Service Education Webex App EULA Student Meetings Enterprise Agreement Cisco Webex Calling (formerly Cloud Service Cisco Deployed Collaboration Cisco Collaboration Flex Knowledge Flex Plan for Spark Call) Plan OD; EULA Worker Education Calling Enterprise Cisco Unified Software Agreement Communications Manager On -Premises Calling Cisco Webex Meetings Cloud Service Cisco , Deployed Collaboration FedRAMP Collaboration Flex Knowledge Flex Plan Cisco Unified Cloud Service Plan OD; EULA Worker Enterprise I Communications ` I Agreement for I Manager Cloud for Public Sector I Government Calling Cisco Collaboration Webex Meetings FedRAMP Cloud Service Flex Plan Enterprise Agreement for Cisco Unified Cloud Service FedRAMP Communications Manager Cloud for Government Calling Cisco Unified Software Communications Manager On -Premises Calling Webex App FedRAMP Cloud Service © 2023 Cisco and/or its affiliates. All rights reserved. This document is Cisco Confidential Information. 8 Cisco Deployed Collaboration Flex Knowledge Plan OD; EULA Worker May 14, 2023 Cisco Confidential Cisco Collaboration Webex Suite for FedRAMP Cisco Collaboration Enterprise Agreement Webd for Defense Webex Meetings FedRAMP Webex App FedRAMP Cisco Unified Communications Manager, Cloud for Government Cisco Unified Communications Manager On -Premises Calling Webex Webinars FedRAMP Cisco Meeting Server Cloud Service Cloud Service Cloud Si Softwa r Cloud Si Cloud Service Cisco IL5 Hosted Unified i Cloud Service Communications Manager HCS-D © 2023 Cisco and/or its affiliates. All rights reserved. This document is Cisco Confidential Information. I111,111, Cisco Cisco Deployed Collaboration Flex Knowledge Plan OD; EULA Worker Cisco Collaboration Webex for Defense OD; EULA Deployed Knowledge Worker May 14, 2023 9 Cisco Confidential Cisco Supplemental Terms and Conditions for Collaboration Flex Plan Enrollment Applicable Meters The Meter for the Cisco Collaboration Flex Plan Enrollment is the number of Deployed Knowledge Workers. Your orders through an Approved Source must reflect accurate Knowledge Worker counts for You and your Participating Affiliates. Knowledge Worker count additions can be made through subsequent orders. "Deployed Knowledge Worker" means a Knowledge Worker who has a profile configured within the Software or Cloud Service provisioning platform and associates that profile with a license as specified in the Offer Description i.e., the applicable desk phone, Jabber client, Webex App, mobile phone, video device, or personal computing device. You must assign each Knowledge Worker a cloud, on -premises, or hosted account to be treated as a single Deployed Knowledge Worker. A Knowledge Worker who is assigned more than one configuration (cloud, on - premises, or hosted) will be counted as multiple Deployed Knowledge Workers. Changing a Knowledge Worker's configuration to a new deployment model may result in an increased price, with any applicable fees being assessed at the time the new account is configured or subject to a True Forward as specified below. "Knowledge Worker" means an employee or contractor who utilizes devices capable of running the Software, Cloud Services, or related browser plug -ins as part of their job duties. "Student" means an individual who is currently enrolled or registered at Your institution for academic study on a full- or part-time basis. Employees, contractors, alumni, former students, prospective students, and students on an extended leave or indefinite absence are not considered Students. You will be required to provide a Student count when you place an order through an Approved Source. Access to Purchased Suites The Cisco Collaboration Flex Plan Enrollment does not utilize the EA Workspace. Subject to Your payment of the applicable fees to the Approved Source, Cisco will grant You and all Participating Affiliates access to the Purchased Suites via automated integrated electronic delivery tools and email notification to the point of contact designated in the order. Purchasing Additional Suites During the Suite Term, You may purchase an additional Cisco Collaboration Flex Plan Suite by placing an order according to the process set forth in Your purchasing agreement with the Approved Source. Included Entitlements & Option for Add -on Purchases Some entitlements (e.g., Common Area, Device Registration, Webex Events) may be included in Your Enterprise Agreement at fixed quantities as either recurring or one-time allotments. Details of these included entitlements can be found in the respective data sheets. If additional quantities are needed for those entitlements, purchase is required. The respective data sheets also describe optional add -on features and benefits that are not necessarily included in a particular entitlement but may be purchased separately (e.g., Speechview, Real -Time Translation). Term and Termination At the end of the Suite Term, the Purchased Suite will automatically renew (a "Renewal Suite Term") unless: (a) You elect on the order not to auto -renew; or (b) at least 45 days before the end of then -current Suite Term, You notify the Approved Source or Cisco of Your intention not to renew the Purchased Suite. If You notify only the Approved Source, the Approved Source must in turn notify Cisco within 30 Days of this intent. If the Growth Allowance has not been exceeded, the Purchased Suite will renew for the Knowledge Worker count as previously ordered. If the Growth Allowance has been exceeded, the Purchased Suite will renew the current plus incremental Deployed Knowledge Worker count for the remainder of the Suite Term. © 2023 Ciscoand/or its affiliates. All rights reserved. This document is Cisco Confidential Information. May 14, 2023 10 Cisco Confidential I I I. I I Cisco Notwithstanding the foregoing, the Approved Source will notify You of any fee changes reasonably in advance of the Renewal Term. The new fees will apply for the upcoming Renewal Term unless You notify the Approved Source that You do not accept the fee changes before the next Suite Start Date. Downturn for Cisco Collaboration Webex Suite "Downturn" applies to Cisco Collaboration Webex Suite including Cisco Webex Calling (A -FLEX -EA -SUITE) only and is not applicable to Webex Suite including On -Premises Unified Communications Manager Calling (A-FLEX-EA-P- SUITE) or Webex Suite for Fed RAMP (A-FLEX-F-EA-MPL, A-FLEX-F-EA-MUL). "Downturn" is defined as an event such as a corporate divestiture, merger, acquisition, or significant restructuring or reorganization of your business that causes a reduction of your Knowledge Workers by 20% or more. After the first 12 months of the Suite Term, upon proof of an applicable event, You have the ability to reduce Your Knowledge Worker quantity for the Cisco Collaboration Webex Suite Enrollment by up to 20%of Your then -current Entitlement, if such reduction is: a) attributed to Downturn; and, b) does not cause Your Knowledge Worker quantity to fall below the minimum requirement of 250 Knowledge Workers. You may request only one Downturn reduction for the Collaboration Webex Suite during the Suite Term. If You reduce Your Knowledge Worker quantity for the Cisco Collaboration Webex Suite due to Downturn, You may be required to provide Cisco with a revised order. No refunds or credits will be provided for any services that have been delivered and/or invoiced. Collab Flex True Forward Provision a. This provision describes the True Forward operation for Collaboration Flex Plan Enrollment only and supplements the EA Program Term True Forward provision above (Section 2(d)(i)). In the event of any inconsistency between the EA Program Term True Forward provision and this provision, this provision controls. Cisco performs a True Forward for the Purchased Suites on each anniversary of the True Forward Effective Date. The "True Forward Effective Date" is date on which you first enroll in Program Terms with a True Forward provision. On the last day of the 11th lifecycle month, if You have exceeded the Initial Entitlement plus Growth Allowance, the Approved Source will charge You for the Consumption above the Initial Entitlement plus Growth Allowance through the remainder of the Suite Term. On each subsequent last day of the 11th lifecycle month of the Suite Term, the Approved Source will check for any Consumption above the previous year's Entitlement plus Growth Allowance and charge for additional consumption on the True Forward Anniversary Date and through the remainder of the Suite Term. c. True Forwards can also occur if the peak number of Deployed Knowledge Workers exceeds five times (5x) Your then -current EA Entitlement plus Growth Allowance at any time. In this case, the Entitlement is subject to an immediate reset such that it would charge You for the Consumption above the Entitlement plus Growth Allowance through the remainder of the Term. d. Your True Forward payment obligation for each Purchased Suite will be calculated by comparing Your Consumption of Software and Cloud Services to Your Entitlement plus Growth Allowance for the previous year. Any payment owed to the Approved Source will be determined as follows and reflected in the True Forward order: the unit price less any applicable discount or incentives multiplied by -the quantity by which You exceeded Your then -current Entitlement. The price used to calculate any True Forward fees will be established when You place the order for each Purchased Suite. e. If the Entitlement plus any applicable Growth Allowance is exceeded in the final year of the Suite Term as measured on the last day of the 11' lifecycle month, Cisco may charge a fee. ©2023Cisco and/or its affiliates. All rights reserved This document is Cisco Confidential Information. May 14, 2023 11 Cisco Confidential Growth Allowance I11I,I11. Cisco This provision discusses Growth Allowance for Collaboration Flex Plan Enrollment and supplements the EA Program Term Growth Allowance provision above (Section 2(d)(i)(2)). For Cisco Collaboration Flex Plan: The Growth Allowance for the Cisco Collaboration Flex Plan Enrollment is 20%. During the Suite Term, You may Consume up to 120% of the Initial Entitlement without incurring any additional charges. The True Forward is calculated once You exceed the Growth Allowance. For clarity, if You exceed the Initial Entitlement but do not exceed the Growth Allowance, You will not incur any True Forward charges. For Cisco Collaboration Webex Suite: The Growth Allowance for the Cisco Collaboration Webex Suite is 15%. During the Suite Term, You may Consume up to 115% of the Initial Entitlement without incurring any additional charges. The True Forward is calculated once You exceed the Growth Allowance. For clarity, if You exceed the Initial Entitlement but do not exceed the Growth Allowance, You will not incur any True Forward charges. Value Shift Value shift is not available for Purchased Suites under the Cisco Collaboration Flex Plan. Support Services The basic Support Services are set forth in the applicable Offer Description. © 2023 Cisco and/or its affiliates. All rights reserved. This document is Cisco Confidential Information, May 14, 2023 12 ZONES TERMS AND CONDITIONS THESE TERMS AND CONDITIONS OF SALE ("TERMS AND CONDITIONS" OR "AGREEMENT") ARE AGREED BETWEEN ZONES, LLC, OR ITS AFFILIATE, WHICHEVER IS THE SELLER ("SELLER") AND THE ENTITY ("CUSTOMER") TO WHICH SELLER IS MAKING A SALE ("SALE") OF ONE OR MORE "SALES OFFERINGS" (MEANING PRODUCTS, PRODUCT SUPPORT AND SERVICES) UNDER A "TRANSACTION DOCUMENT" (MEANING A PURCHASE ORDER OR STATEMENT OF WORK) AND FORM AN AGREEMENT, EXCLUSIVELY GOVERNING SUCH SALE EFFECTIVE ON THE EARLIER OF THE DATE WHEN SUCH TRANSACTION DOCUMENT IS "EXECUTED" (MEANING, WITH RESPECT TO A PURCHASE ORDER, THE DATE ON WHICH SUCH PURCHASE ORDER IS ACCEPTED BY SELLER, AND WITH RESPECT -TO A STATEMENT OF WORK, THE DATE THAT IS IDENTIFIED AS THE EFFECTIVE DATE, OR IN THE ABSENCE OF SUCH IDENTIFIED EFFECTIVE DATE, WHEN THE STATEMENT OF WORK IS COUNTERSIGNED) AND THE DATE WHEN SELLER INITIATES PERFORMANCE HEREUNDER AT CUSTOMER'S REQUEST ("AGREEMENT EFFECTIVE DATE"). THESE TERMS AND CONDITIONS MAY BE UPDATED FROM TIME TO TIME BY SELLER WITHOUT PRIOR NOTICE; PROVIDED THATTHE VERSION OF THESE TERMS AND CONDITIONS POSTED ON THIS WEBSITE AT TH E TIME THE TRANSACTION DOCUMENT IS EXECUTED SHALL BE THE AG REEM ENT THAT GOVERNS SUCH TRANSACTION DOCUMENT. NOTWITHSTANDING THE FOREGOING, IF THE PARTIES HAVE ENTERED INTO A SEPARATE, EFFECTIVE AGREEMENT APPLICABLE TO SUCH TRANSACTION DOCUMENT ("SEPARATE AGREEMENT"), THEN THESE TERMS AND CONDITIONS SHALL NOT APPLY TO SUCH TRANSACTION DOCUMENT AND SHALL NOT GOVERN SUCH SALE, AND INSTEAD SUCH SEPARATE AGREEMENT SHALL GOVERN SUCH SALE. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND A SEPARATE AGREEMENT, THE SEPARATE AGREEMENT SHALL PREVAIL. IN THE EVENT OF A CONFLICT BETWEEN THE TRANSACTION DOCUMENT AND THESE TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL PREVAIL, AND ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM ASSOCIATED WITH THE TRANSACTION DOCUMENT OR OTHERWISE PROVIDED BY CUSTOMER, OTHER THAN THE "TRANSACTION SPECIFICS" (MEANING THE NUMERICAL AND OTHER IDENTIFYING INFORMATION NECESSARYTO THE SALE, INCLUDING WITHOUT LIMITATION PRICE, QUANTITY, PRODUCT NAMES AND/OR CODES, AND DELIVERY AND/OR INVOICE ADDRESSES), ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS OF THESE TERMS AND CONDITIONS, ARE HEREBY REJECTED, AND ARE NULL AND VOID; PROVIDED THAT CONFLICTING TERMS AND CONDITIONS IN A STATEMENT OF WORKTHAT EXPRESSLY STATE THATTHEY SUPERSEDE CERTAIN SPECIFIED PROVISIONS OF THESE TERMS AND CONDITIONS SHALL PREVAIL. AS USED HEREIN, "PARTY" MEANS SELLER OR CUSTOMER INDIVIDUALLY, AND "PARTIES" MEANS SELLER AND CUSTOMER COLLECTIVELY. PRODUCT AND PRODUCT SUPPORT SALES. Product and Product Support Purchasing. Subject to credit approval, Customer shall be entitled to purchase hereunder for its own internal use and not for resale: (a) hardware, software, and other items that are commercially available in Seller's catalog (each a "Product"); and (b) warranties, maintenance, and other services that are resold by Seller and that are performed by a third party under the terms of a separate contract exclusively between Customer and such third party ("Product Support''). With respect to Product Support, Customer acknowledges and agrees that such third party is the contracting party, that such third party is exclusively responsible for performing the Product Support, and that Customer hereby releases and shall have no claim against Seller, Seller's Affiliates or Seller's Personnel for any loss, claims or damages arising from, or related to, such Product Support. Product and Product Support Quotes. Seller may from time to time provide quotes to Customer, orally or in writing, specifying Transaction Specifics related to identified Products or Product Support ("Quote") that may be the subject of a Sale hereunder. Any Quote is presented for reference purposes only and shall not be deemed to be an offer Product and Product Support Pricing. Any pricing is subject to change, except pricing that appears in a "Purchase Order" or "PO" (meaning an order for Sales Offerings submitted by Customer to Seller either in hard copy or electronic form, including via Seller's website, in accordance with these Terms and Conditions) that is accepted by Seller in writing ("Confirmed Pricing''). Other than with respect to Confirmed Pricing, Seller reserves the right to make adjustments to pricing, Products and Product Support for reasons including, but not limited to, changes in market conditions or manufacturer price, or Product unavailability or discontinuation. Notwithstanding the foregoing, Seller shall have the right to terminate, and shall not be obligated to perform under, any accepted Purchase Order in the event that the -Confirmed Pricing associated therewith was based on an error in any advertisement or Quote. Products and Product Support POs. Customer makes an offer to purchase Products or Product Support hereunder by submitting the Purchase Order to Seller. Customer also may request Products or Product Support via telephone; provided that Customer confirms its offer promptly thereafter by submitting the Purchase Order to Seller. Seller agrees to fill any Purchase Order upon Seller's written acceptance of such Purchase Order; provided that: (a) any such acceptance by Seller is subject to Product availability; and (b) any delivery dates specified in such Purchase Order are non -binding; and (c) Seller is obligated only to make good faith efforts to meet such delivery dates. Each Purchase Order for Products and/or Product Support shall specify, as applicable, the quantities and prices specified on Seller's Quote, along with destination, preferred (but non -binding) delivery date, and any non-standard shipping instructions. Nothing stated in Customer's Purchase Order or other forms shall in any way be deemed to add to, modify. or amend these Terms and Conditions. Anyterms or conditions attached to or set forth or referenced in any Purchase Order shall be of no force or effect. Product Delivery. Seller shall make commercially reasonable efforts to meet any requested delivery dates, but Seller shall not be liable for any delay or inability to ship Products due to Product unavailability, manufacturer delays, or any Force Majeure Event. Seller shall have the right to make two (2) or more partial deliveries under a single Purchase Order to complete delivery of all Products ordered thereunder. Product Title. Title to Products and risk of Product loss or damage pass to Customer upon delivery to Customer (F.O.B. destination with freight prepaid and added); provided that if Customer specifies its own carrier account number or requires shipment via a nonstandard (for Seller) carrier, title to Products and risk of Product loss or damage pass to Customer upon delivery to the carrier (F.O.B. origin, freight collect). Notwithstanding the foregoing, title to software Products manufactured by a third party shall at all times remain with such third party, and Customer's rights to any such software Products shall be as specified in the applicable software license agreement between Customer and such third party ("EULA"); Customer warrants that it shall not download or use any software Products without first entering into the applicable EULA. Product and Product Support Invoicing. Seller will invoice Customer for Products at the time of shipment and for Product Support at the time of purchase. Seller may invoice Customer separately for partial deliveries. Any amounts invoiced by Seller with respect to Product Support, including without limitation sales taxes, are collected by Seller solely in the capacity of independent sales agent. Customer further grants to Seller a security interest in the Products to secure payment in full and authorizes Seller to execute and file a financing statement or other documents necessary to perfect such security interest. Any such security interest shall terminate upon payment of all amounts due for the applicable Products and any costs of collection. Product and Product Support Warranties. Notwithstanding anything to the contrary set forth herein or in any separate communication, the sole warranty received by Customer with respect to any Products and Product Support is the warranty, if any, that is conveyed directly from, respectively, the Product manufacturer or the Product Support provider and that will be passed through to Customer by Seller to the extent Seller has the right to do so. Seller, acting solely as a reseller of Products and a sales agent for Product Support, makes no independent warranty related to the Products or Product Support, sells such Products and Product Support "as is", and shall have no obligations related to the performance of the Products or the Product Support. Customer acknowledges that in purchasing the Products or Product Support, Customer relies solely on the applicable manufacturer specifications or the separate contract with the Product Support provider, as applicable, not on any communications from Seller, any Seller "Affiliate" (meaning an entity that owns, is owned by, or is under common ownership with, a Party) or its or their "Personnel" (meaning the owners, directors, officers, employees, agents or contractors of a Party), including without limitation any statements, specifications, photographs or other illustrations representing the Products or Product Support. Product Returns. Any Product returns will be in accordance with Seller's Return Policy set forth at the following website: httpSwww_zones.com/ReturnPolicy_. Export Law Compliance. Customer agrees to comply with, and indemnifies and holds harmless Seller from its failure to comply with, U.S. export laws, including without limitation U.S. Export Administration Regulations. Customer acknowledges that manufacturer warranties may vary or be nullified or voided for Products exported from the United States. SERVICES SALES. Services Purchasing. Subject to credit approval, Customer shall be entitled to purchase consulting and other services performed by Seller, Seller's Affiliate, or Seller's subcontractors (each a "Service"), according to the terms and conditions set forth generally in these Terms and Conditions and specifically in a "Statement of Work" or "SOW" (meaning a written and executed contract that is between Seller or Seller's Affiliate and Customer or Customer's Affiliate and that specifies the terms and conditions under which one of the former will sell and provide Services to one of the latter); provided that the Statement of Work may be amended upon execution of a written amendment that references the SOW and that specifies all changes, including with respect to scope, fees, items provided, or otherwise ("Change Order"). In the event of a conflict between the terms and conditions set forth in a Change Order and those set forth in the SOW or in a previously executed Change Order, the terms and conditions of the most recent Change Order shall prevail. Except as otherwise set forth in the SOW, Customer shall be obligated to pay for all of Seller's costs and expenses associated with the Services thereunder, without markup by Seller, including without limitation, travel and lodging expenses. Customer Responsibilities. Customer agrees to cooperate reasonably at all times during Seller's performance of the Services, and Customer warrants that it will provide timely responses, approvals, authorizations, access and applicable information, as necessary ("Customer Support''). Customer further acknowledges and agrees that Seller's performance of the Services is dependent on Customer's timely and accurate fulfillment of the foregoing warranty obligations. Customer shall ensure that at all times during performance of Services at a site designated by Customer for such performance ("Customer Site") Customer maintains adequate insurance coverage to protect Seller, Seller's Affiliate, Seller Personnel and the Customer Site, and Customer indemnifies and holds harmless Seller, Seller's Affiliate, Seller Personnel from any claims that arise out of any product liability, death, or damage to any person or property and that are not solely and proximately caused by Seller's gross negligence or willful misconduct. Services POs. Any PO issued for Services is intended for administrative purposes only., Services Acceptance. Seller may provide to Customer from time to time notification that certain among the Services and/or Work Product (as defined herein) are substantially complete. Upon receiving such notification, Customer has three (3) "Business Days" (meaning Monday through Friday, excluding Holidays) to evaluate such Services and/or Work Product and to indicate Customer's Rejection or Acceptance of them ("Acceptance Period"), as follows: (a) Customer rejects such Services and/or Work Product by submitting to Seller during the Acceptance Period a written document detailing with specificity each reason for which the Services and/or Work Product are rejected ("Rejection"); or (b) Customer accepts such Services and/or Work Product either by submitting to Seller a written and signed document on Seller's template, confirming its acceptance thereof, or by failing to reject such Services and/or Work Product prior to the expiration of the Acceptance Period ("Acceptance''). Seller shall have up to thirty (30) days after its receipt of a Rejection, or such longer period on which the Parties may agree ("Correction Period") to correct the rejected Services and/or Work Product and to provide notification that such Services and/or Work Product are again complete, thereby initiating a new Acceptance Period, Services Invoicing. Customer will be invoiced in accordance with the applicable SOW; provided that Seller may invoice Customer for all Services under such SOW or for a portion thereof. Services Warranty. Seller warrants that the Services will be performed and the Work Product will be prepared in a professional and workmanlike manner consistent with good practices in the information technology services industry. Customer's sole and exclusive remedy with respect to this warranty is for Seller, at Seller's sole option, either: (a) as applicable, to perform again any substantially failed Service or to prepare again any substantially failed Work Product; or (b) to refund the amount paid, as applicable, for any substantially failed Service or Work Product; provided that, with respect to either option, Customer notifies Seller in writing of any such substantial failure within five (5) Business Days after performance of such Service or delivery of such Work Product, and provided that the warranty with respect to any Service or Work Product is voided if: (i) such Work Product is used in conjunction with any hardware configuration, operating environment or computer program other than one expressly specified in the applicable SOW; (ii) any portion of the Work Product is modified by anyone other than Seller or a party acting under Seller's direction; or (iii) the failure of the Work Product is due to any bugs, defects, problems or failures of hardware caused by the negligence or user error of Customer or any third party. Customer acknowledges that any estimates related to Services performance are non -binding and are intended for planning purposes only. Services Warranty Disclaimer. SELLER DISCLAIMS ALL WARRANTIES: (A) THAT THE WORK PRODUCT WILL FUNCTION OTHER THAN ASSET FORTH IN WRITING BY SELLER; AND (B) THAT THE OPERATION OF THE WORK PRODUCT WILL BE FREE FROM INTERRUPTION OR ERRORS IN ALL CIRCUMSTANCES. Responsibility for Data. SELLER SHALL HAVE NO RESPONSIBILITY FOR CUSTOMER'S DATA, AND CUSTOM ERACKNOWLEDGESAND AGREES THAT ATALL TIMES DURING PERFORMANCE HEREUNDER, CUSTOMER IS AND SHALL REMAIN SOLELY RESPONSIBLE FOR RISKS TO ITS DATA ARISING FROM, AND FOR DAILY BACK-UP AND PROTECTION OF ITS DATA, SOFTWARE AND IMAGES AGAINST, LOSS, DAMAGE, CORRUPTION OR DESTRUCTION. License to Work Product. As between the Parties, Seller owns all rights, including without limitation all associated intellectual property rights, in the "Work Product" (meaning all deliverables, documents, other tangible items and Services results, including any inventions, innovations, improvements, other works of authorship, and other derivative works that arise therefrom and intellectual property therein or related thereto, conceived, developed or provided by Seller in the course or as a result of performing the Services, including from time to time third party intellectual property, regardless of whether they are eligible for patent, copyright, trademark, trade secret, or other legal protection). Nothing in these Terms and Conditions is intended to grant or transfer any ownership interest in the Work Product. Customer obtains under these Terms and Conditions and the applicable SOW, upon payment in full, a non-exclusive, non- transferable, perpetual, royalty -free, license to use the Work Product for Customer's internal purposes only - Non -Solicitation. During the term of any SOW and for one (1) year thereafter, each Party and its Affiliates may not directly or indirectly solicit for employment, offer employment to, employ, or engage as a consultant any individual who either is then employed or was employed within the preceding three (3) months by the other Party or any of the other Party's Affiliates ("Employing Entity") and who was in any way engaged in or involved with the provision of Services under such SOW unless and until such Party pays to the Employing Entity as liquidated damages and not as a penalty, an amount equal to the aggregate salary and wages (including bonus) paid by the Employing Entity to such individual during the six (6) months immediately preceding the date such individual is employed or engaged by such Party; provided that if such individual at the time he or she first discusses such employment or engagement with such Party is subject to or bound by any written employment agreement or non -competition covenant with the Employing Entity, this provision shall not authorize such Party to employ or engage such individual in violation of any such employment agreement or non -competition covenant or limit such Party's liability for damages in the event that such Party employs or engages such individual in violation thereof. Notwithstanding the foregoing, this provision shall not prohibit either Party from hiring any individual who initiates contact with such Party by responding to a general, non -targeted solicitation, such as a job posting in a mass publication or on a website. PAYMENT. Payment. Customer will pay in full the amount specified as due on each undisputed invoice, including without limitation sales taxes and any shipping charges, within the time period specified on such invoice ("Payment Timing''), measured from the date of issuance of such invoice, subject to continuing credit approval of Customer. Notwithstanding the foregoing, Payment Timing is at Seller's sole discretion. Late Payment. In any event of Customer's failure to pay an undisputed amount due in accordance with these Terms and Conditions ("Payment Delinquency"), Seller has the right to charge and collect interest on such amount at the lesser of one -and -one-half percent (11/2%) per month, and the highest rate legally permitted ("Interest Charge") until paid in full. Customer also agrees to pay the Interest Charge on any disputed amounts that are withheld by Customer in good faith and that are determined to be properly due and owing to Seller, calculating from the thirty-first (31st) day after the date of issuance of the original invoice. Customer shall reimburse Seller for all reasonable expenses arising from collection of past due amounts and Interest Charges, including reasonable attorneys' fees, filing fees, arbitration costs and court costs. Seller has the right to suspend performance hereunder during any Payment Delinquency, and any schedule will be deemed extended for the duration of such Payment Delinquency. Financial Status. If at anytime during the term of the Transaction Document there is a detrimental material change in Customer's financial status, as determined in Seller's sole discretion. Seller has the right to modify the Payment Timing or terminate any credit extended to Customer under these Terms and Conditions. In the event Customer does not remit payment in accordance with these Terms and Conditions or such modified Payment Timing, Seller has the right immediately: (a) to stop all provision of Sales Offerings; and/or (b) to terminate any currently effective and not expired Transaction Document. Taxes. Customer agrees to pay all sales, use, transaction, excise, VAT or similar taxes and any Federal, state or local fees or charges ("Taxes") that may become due in connection with Customer's purchase of the Sales Offerings, except for taxes on Seller's income, assets, or net worth. In lieu thereof, Customer may provide to Seller a tax exemption certificate acceptable to Seller and the applicable taxing authority. Customer will reimburse Seller for all such Taxes paid by Seller for which Customer is responsible hereunder. Credits. Any credit that is issued to Customer for any reason and that is not used by Customer to purchase Sales Offerings within a period of two (2) years measured from the date of issuance shall expire. CONFIDENTIALITY. Purpose of Disclosure. Each Party ("Discloser") may disclose certain of its "Confidential Information" (meaning information that is owned or possessed by a Party, its Affiliates or its or their Personnel, that either is marked as "confidential" or "proprietary" or otherwise due to its nature reasonably would be deemed to be confidential, and that is disclosed to, or accessed by, the other Party) to the other Party ("Receiver''), and Receiver agrees that it will only use Discloser's Confidential Information for the purposes contemplated hereunder. Non -Confidential Information. No information disclosed hereunder will be considered Confidential Information to the extent such information: (a) is in the public domain through no fault of a receiving Party; (b) was in the possession of the receiving Party prior to such disclosure; (c) was independently developed by the receiving Party's Personnel with no prior access to such information; or (d) was rightfully received by a Party from a third party without breach of any obligation of confidence. Receiver Disclosures Permitted. Each Party, as Receiver, further agrees that it will only disclose Discloser's Confidential Information to Receiver's Personnel or financial, legal or business advisors who are themselves bound to obligations of confidentiality substantially consistent with those specified herein; provided that if Receiver is compelled to disclose Discloser's Confidential Information by law, rule, regulation or judicial, regulatory or other governmental authority, Receiver will provide Discloser with prompt Notice of any such compulsion, will provide the maximum allowable opportunity for Discloser to seek a protective order or measure to bar such disclosure, will disclose only the Confidential Information that is required to be disclosed, and will make reasonable efforts to ensure that such disclosed Confidential Information is protected to the fullest extent possible under the circumstances. Period of Confidentiality. Each Party, as Receiver, agrees: (i) that, for a period of three (3) years from the date of any disclosure of Discloser's Confidential Information, it will maintain the confidentiality of such Confidential Information in a manner that is at least as protective as Receiver maintains its own confidential information, and that in no event will be inconsistent with a standard of reasonable care; and (ii) that, upon Discloser's request, it will return or destroy any extant Confidential Information disclosed by Discloser. Injunctive Relief. In the event of Receiver's breach of these Terms and Conditions, Discloser may suffer irreparable harm and have no adequate remedy at law. In such event, or when encountering risk of such event, Discloser shall be entitled, in addition to any and all other remedies, to seek injunctive relief, specific performance, and other equitable remedies without the need to prove monetary damages or the inadequacy of other remedies. DISCLAIMED WARRANTIES. EXCEPT AS SET FORTH HEREIN, AND SUBJECT TO APPLICABLE LAW, SELLER MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, CONDITIONS, COVENANTS, REPRESENTATIONS AND WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR REPRESENTATIONS RELATED TO ACCURACY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON -INFRINGEMENT, OR APPLICABILITY OF LAWS OR REGULATIONS ASSOCIATED WITH THE PRODUCTS OR THEIR MANUFACTURE OR PACKAGING, ARISING BY LAW, BY REASON OF CUSTOM, FROM USAGE IN THE TRADE, OR FROM COURSE OF PRIOR DEALING. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR ADVICE GIVEN BY SELLER OR'SELLER'S AFFILIATE OR PERSONNEL SHALL NOT BE DEEMED TO CREATE OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES SET FORTH HEREIN AND THAT CUSTOMER SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SELLER FURTHER DISCLAIMS REPRESENTATIONS, WARRANTIES OR ASSURANCES THATTHE PRODUCTS ARE DESIGNED FOR, OR SUITABLE FOR USE IN: (A) ANY AIRCRAFT OR AUTOMOBILE, INCLUDING ANY SAFETY OR NAVIGATION. DEVICES RELATED THERETO; (B) ANY LIFE SUPPORT OR OTHER HEALTHCARE DELIVERY SYSTEMS OR MEDICAL DEVICES; (C) ANY NUCLEAR FACILITIES; (D) ANY WEAPON SYSTEMS OR OTHER MILITARY OR POLICING DEVICES; OR (E) ANY OTHER HIGH RISK ENVIRONMENT OR MANNER THAT COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ("HIGH RISK USE"). CUSTOMER AGREES TO COMPLY WITH ANY MANUFACTURER REQUIREMENTS AND RESTRICTIONS AND TO ACCEPT ANY MANUFACTURER DISCLAIMERS RELATED TO ANY HIGH RISK USE. CUSTOMER TAKES SOLE RESPONSIBILITY FOR, AND AGREES TO INDEMNIFY AND HOLD HARMLESS SELLER AND SELLER'S AFFILIATES AND PERSONNEL FROM ANY CLAIM ARISING FROM, CUSTOMER'S HIGH RISK USE. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES, OR ANY OF THEIR PERSONNEL EVER BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, MARKET, PROFITS, REVENUES, SAVINGS, OR GOODWILL) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE OTHERWISE FORESEEABLE AND REGARDLESS OF THE THEORY OF LIABILITY. THE MAXIMUM LIABILITY OF SELLER, ITS AFFILIATES AND ANY OF THEIR PERSONNEL HEREUNDER, ARISING FROM ANYTHEORY OF LIABILITY, WILL BE THE LESSER OF: (A) THE TOTALAMOUNT PAID TO SELLER FOR THE SPECIFIC SALES OFFERING(S) GIVING RISE TO THE CLAIM; AND (B) TWENTY-FIVE THOUSAND DOLLARS ($25,000). ARBITRATION. Any dispute that arises from or under these Terms and Conditions or the applicable Transaction Document or that relates directly or indirectly to the relationship between the Parties and that cannot be resolved amicably within thirty (30) days shall be resolved by binding arbitration before a single arbitrator in accordance with the then -current Commercial Arbitration Rules of the American Arbitration Association. Judgment on any award arising from such arbitration may be entered in any court of competent jurisdiction. Discovery may be performed according to the Federal Rules of Civil Procedure. The fees and expenses of the arbitration shall be borne equally by the Parties but may be awarded, together with reasonable attorneys' fees and expenses, to the prevailing Party (if any) in the informed discretion of the arbitrator. Notwithstanding anything to the contrary set forth herein, either Party may seek injunctive or other equitable relief at any time in federal or state court. The forum for any such arbitration and for any such court shall be located in King County, Washington. Customer agrees that it shall not join or lead any class of claimants pursuing any claim related to the subject matter of this Agreement or the Transaction Document. NOTICE. Any notice required or permitted under these Terms and Conditions shall be deemed valid and to have been duly given when: (i) delivered by hand with written confirmation of receipt; (ii) sent by facsimile with written confirmation of receipt; or (iii) delivered by a nationally recognized overnight delivery service with package tracking ("Notice"). The address for Notice to Customer shall be either Customer's corporate headquarters or Customer's address set forth in the applicable Transaction Document; the address for Notice to Seller shall be as set forth below. - Zones, LLC 110215th Street S.W., Suite 102 Auburn, WA 98001-6509 Attn: Chief Financial Officer With a copy to: Zones, LLC 110215th Street S.W., Suite 102 Auburn, WA 98001-6509 Attn: Director, Contract Management TERM AND TERMINATION. Term. The "Term" (meaning the period of tirne during which, as applicable, the Transaction Document or this Agreement .is in full force and effect) of each Transaction Document shall commence on the Agreement Effective Date. Both the Transaction Document and this Agreement shall expire upon the completion of the Parties' performance and payment obligations thereunder. Termination for Cause. Seller may terminate the Transaction Document and this Agreement immediately upon Notice if Customer: (a) terminates or suspends its business; (b) becomes insolvent; (c) becomes subject to any bankruptcy or insolvency proceeding under federal or state statute; (d) becomes subject to direct control by a trustee, receiver or similar authority; (e) has a controlling interest in its voting stock acquired by a third party; or (f) sells or transfers all or substantially all of its assets. Customer may terminate the Transaction Document and this Agreement immediately upon Notice if Seller: (i) terminates or suspends its business; (ii) becomes insolvent; (iii) becomes subject to any bankruptcy or insolvency proceeding under federal or state statute; or (iv) becomes subject to direct control by a trustee, receiver or similar authority_. Seller may terminate the Transaction Document and/or this Agreement ten (10) days after Notice of a payment default and otherwise either Party may terminate the Transaction Document and/or this Agreement thirty (30) days after Notice of any material breach of an obligation under these Terms and Conditions (in either case, a "Notice Period"); provided that such breach is not cured within such Notice Period. Termination of Purchase Order for Convenience. Customer may cancel within three (3) business days after receipt by Seller any Purchase Order for Products: (a) that appear in Seller's currently published catalog; (b) that were not modified according to Customer's specifications or request; and (c) that are not, in Seller's sole opinion, aged or out of use inventory. Any such cancellation shall not relieve Customer of its obligations to pay for all Products shipped, Product Support initiated, and Services performed hereunder. Seller may terminate any Executed Purchase Order for Products or Product Support that are not commercially available; Customer's sole remedy, and Seller's sole obligation with respect to such terminated Purchase Order is to refund Customer any amounts paid for such unavailable Products or Product Support. Termination of SOW for Convenience. Except as otherwise specified in the SOW, Seller may terminate the SOW for convenience upon fourteen (14) days' prior Notice to Customer. Effect of Termination of SOW. If the SOW is terminated for any reason, Customer agrees to pay Seller all fees due and to reimburse Seller for authorized expenses incurred up to and including the effective date of termination. Conflict with SOW. In the event of a conflict between these Terms and Conditions and the terms and conditions of the SOW, these Terms and Conditions shall control; provided that any provision in the SOW that expressly states that it is intended to supersede a specified provision of these Terms and Conditions shall supersede solely with respect to such SOW. MISCELLANEOUS. Amendments. These Terms and Conditions may be amended only in a writing executed by authorized representatives of both Parties ("Amendment") Assignment. Seller may assign the Transaction Document, these Terms and Conditions, or any portion of its rights and responsibilities hereunder, including its right to receive payments, without Customer's consent. Customer may not assign the Transaction Document, these Terms and Conditions or any of its rights or responsibilities without Seller's prior written consent. Any attempted assignment other than as expressly authorized hereunder shall be void and of no force or effect. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their permitted successors, assigns, heirs and legal representatives. Attorney Fees and Expenses. Except as otherwise provided herein, in any claim or dispute under these Terms and Conditions, the prevailing Party will be entitled to an award by the arbitrators or the court, as applicable, of reasonable attorneys' fees and related out of pocket costs and disbursements. Counterparts. The Transaction Document and any Change Order may be executed in multiple , counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same Transaction Document. Electronic Records. Customer hereby consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet. Entire Agreement. Subject to the control of any Separate Agreement, asset forth in the preamble of these Terms and Conditions, these Terms and Conditions, the Transaction Document and any amendments thereto together set forth the entire understanding of the Parties with respect to the subject matter hereof and thereof and supersede and replace in their entirety any and all other prior and contemporaneous agreements and understandings, whether oral, written or implied, if any, between the Parties with respect to the subject matter hereof. Force Majeure. Seller shall not be held liable, and shall not be deemed to have breached its obligations under these Terms and Conditions or the Transaction Document by reason of any delay or failure in performance caused in whole or in part by any circumstances beyond its reasonable control, including, without limitation, the following: accidents, fires, floods, severe weather, or other acts of God or nature; sabotage, riot, insurrection, war or other acts or threatened acts of violence or terrorism; embargoes, quarantine restrictions, changing laws or regulations or other government actions or requirements; carrier, labor or supplier interruptions or stoppages, or other third party delays; equipment or network outages or failures ("Force Majeure Event"). In the event of Seller's delay or failure in performance due to a Force Majeure Event, Seller agrees to make commercially reasonable efforts to minimize the hindering effect of such Force Majeure Event and resume performance with commercially reasonable dispatch. Governing Law. The Transaction Document, these Terms and Conditions, and any disputes, litigation, arbitration or enforcements directly or indirectly related thereto shall be construed and interpreted in accordance with, and the rights of the Parties shall be governed by, the substantive laws of the State of Washington, without giving effect to any conflict -of -laws rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any Sale hereunder. Forum. The Parties hereby agree that any suit, legal claim, or other court action arising out of the Transaction Document or these Terms and Conditions shall be brought exclusively in either the Superior Court or Federal Court in King County, Washington, and both Parties consent and submit to the jurisdiction thereof and waive any rights to change venue. Headings. The headings stated in these Terms and Conditions are for convenience of reference only, shall not be deemed to be a part of these Terms and Conditions, and shall not have any bearing on the construction or interpretation hereof. Independent Contractors. Each Party is an independent contractor, not an employee or employer of the other Party, and not a joint venture or partner with the other Party. Posted Descriptions. Any descriptions of Products, Product Support or Services displayed or posted other than in a Transaction Document, including without limitation on this or any other website or mobile application, are excluded from and do not constitute a part of this Agreement or, except as expressly specified in the Transaction Document, the Transaction Document. Preparation of Agreement. There will be no'presumption against either Party on the ground that such Party was responsible for preparing all or any part of the Transaction Document or these Terms and Conditions. Sales Limitations. Seller reserves the right to prohibit sales to resellers or for any other reason and to limit the quantity of Products sold to Customer. Severability. If any provision of the Transaction Document or these Terms and Conditions or the application thereof is found to be invalid, illegal, or unenforceable, such finding shall not have any effect on any other provision of the Transaction Document or these Terms and Conditions, it being the intent and agreement of the Parties hereto that in the event of such finding, the Transaction Document or these Terms and Conditions shall be deemed amended either by modification of such provision to the extent necessary to render such provision valid, legal, and enforceable, while preserving its intent, or, if such modification is not possible, by substitution of such provision with another provision that is valid, legal, and enforceable and that achieves the same objective. Subcontracting. Seller may subcontract any of its rights or obligations hereunder, provided that notwithstanding such subcontracting, Seller shall remain fully obligated and responsible both for its and its subcontractors' performance hereunder. Survival. In the event of the expiration or termination of the Transaction Document, those provisions whose nature, meaning or intent indicate an expectation of survival shall survive. Third Party Beneficiaries. These Terms and Conditions and the Transaction Document are not intended to benefit any party except the Parties. Waiver of Remedies. No delay or failure by either Party to exercise or enforce any right hereunder shall be considered a waiver of such right or of any other right under the Transaction Document or these Terms and Conditions. No claim may be asserted by either Party against the other Party with respect to any event, act, omission or otherwise that occurred more than one (1) year prior to the assertion of such claim. COPYRIGHT ©2019 BY ZONES, LLC. THIS WEBSITE CONTAINS THE PROPRIETARY INFORMATION OF ZONES, LLC. IT IS PROTECTED BY STATE AND FEDERAL COPYRIGHT AND OTHER LAWS. ZONES, LLC, EXPRESSLY RESERVES ALL RIGHTS TO DISCLOSE REPRODUCE OR UTILIZE ITS CONTENT IN ANY MANNER, EXCEPT AS OTHERWISE AGREED IN WRITING BY ZONES, LLC. Posted O1/21/2019 Zones is a global solutions providor of end -to -end IT solutions v,ith are unmatched supply chain' Services and Solutions Cloud erid Data (,enlcr Nelr orking, Digital VdorYplace secs r itv About Us C<r�ei Opi;nr.un.,ies Corpora,to Social P-spcnsibIlil, Financing IT Management Tools eC.017unei ce. 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LLC 0 r City of Federal Way Cisco CUCM Migration to WebEx Calling Submitted to: Thomas Fichtner, IT Director City of Federal Way 33325 8TH Ave. South Federal Way, WA 98003 Submitted by: Zones, LLC 3rian Christensen, Field Account Manager 1102 15th Street SW Auburn, WA 98001 SOLUTIONS ZONES Table of Contents 1. SERVICE DESCRIPTION....................................................................................................... 4 1.1. OVERVIEW............................................................................................................ 4 1.2. SCOPE... ..............'.................................................................................................4 1.2.1. Assess and Design.................................................................................................. 4 1.2.2. Implementation..................................................................................................... 5 1.2.3. manage.................................................................................................................. 5 1.2.4. Project Management............................................................................................. 5 1.3. OUT OF SCOPE....................................................................................................... 6 1.4. CUSTOMER RESPONSIBILITIES.................................................................................... 6 1.5. PROJECT ASSUMPTIONS........................................................................................... 7 1.6. ITEM(S) PROVIDED................................................................................................. 8 1.7. PROJECT SITES....................................................................................................... 8 1.8. SERVICES FEES & EXPENSES...................................................................................... 9 1.8.1. Services Fees.......................................................................................................... 9 1.8.2. Expenses................................................................................................................9 1.9. PROJECT SCHEDULE................................................................................................ 9 1.10. CONTACTS.......................................................................................................... 10 1.11. COMPLETION CRITERIA................................................................................:......... 10 1.12. PURPOSE............................................................................................................ 10 1.13. CUSTOMER BILLING INFORMATION.......................................................................... 10 2. CITY OF FEDERAL WAY DEDICATED TEAM ............................................ : ............................. 11 3. OPTIONAL MANAGED SERVICES BY ZONES........................................................................12 3.1. SERVICENow...................................................................................................... 12 3.2. SERVICE DESK OPERATIONS.................................................................................... 12 3.3. ZONES NETWORK MONITORING AND MANAGEMENT SERVICE ...................................... 13 4. ZONES OVERVIEW............................................................................................................14 4.1. OUR VALUE PROPOSITION...................................................................................... 14 4.2. OUR STORY......................................................................................................... 14 5. ZONES SOLUTIONS...........................................................................................................15 ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 2 ZONES November 9, 2023 Thomas Fichtner IT Director City of Federal Way 33325 8TH Ave. South Federal Way, WA 98003 RE: City of Federal Way Turnkey Proposal Dear Mr. Fichtner, Thank you for providing Zones, LLC with the opportunity to provide a proposal for Cisco CUCM Migration to WebEx Calling. We are confident that our Cisco CUCM migration to Webex calling solution will address each of the outlined requirements and enable you to have a WebEx solution that meet your needs. Our proposal identifies and defines specific capabilities, processes, and deliverables which will enable us to function as City of Federal Way proactive partner. As an industry -leading IT solutions provider, Zones is ideally positioned to assist City of Federal Way in designing a solution specifically tailored to meet your current and future requirements. A dedicated team of certified professionals is committed to handling City of Federal Way day-to-day needs. Zones will also work with City of Federal Way to modify this response should your needs change during the proposal evaluation process. Best regards, Brian Christensen Field Account Manager 206-280-2077 Brian.christensen@zones.com ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 3 ZONES' SERVICES PROPOSAL Please review this Services Proposal ("Proposal"), which provides a description of professional services ("Services") proposed to be performed by our company, Zones (referred to as "Seller" or "we"), for your company, City of Federal Way (referred to as "Customer" or "you") under the terms of a formal statement of work executed by the Parties ("Statement of Work" or "SOW"). Any such SOW may include business terms like those set forth in this Proposal in addition to other applicable terms and conditions. Any obligations or rights described in this Proposal are intended to apply only if they eventually are captured in a SOW. This Proposal may use phrases such as "this SOW" as it suggests language that may be included in a SOW. This Proposal references Seller or Customer each as a "Party" and collectively as the "Parties." 1. SERVICE DESCRIPTION 1.1. OVERVIEW We thank you for considering the selection of our company to perform the Services described herein. We have designed this solution to meet your business goals and to satisfy key performance indicators. Our purpose is to ensure that each Services element is thoroughly evaluated, planned, managed, and maintained to exceed expectations. The responsibilities detailed below are intended to define our intended relationship with respect to the Services performed under a SOW. 1.2. SCOPE The scope of the SOW will specify the Services tasks (described below) to be performed by Seller personnel (the "Project Team") in coordination with Customer personnel engaged with the Project Team ("Customer Personnel"). 1.2.1. ASSESS AND DESIGN • Assess Cisco CUCM environment version 12.5 on Cisco UCS C Series • Review the required dial plan for ingress PSTN (Public Switched Telephone Network) and DID (Direct Inward Dialing) for Agent • Review the required dial plan for ingress PST (Packet Switching Technology) and DID (Direct Inward Dialing) for Agent • Review and Document IP addressing and network information • Review Business Requirements to define Configuration and Call Flows • Determine Number of Voice Queues • Review Call Back Option Queues ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 4 ZONES • Call Flow Chart Review • Agent List obtained • Auxiliary Codes • Provide Address for E911 1.2.2. IMPLEMENTATION • Provisioning WebEx Hub • Configure Agents in Cisco WebEx Hub platform • Assign user licenses • Configuring Tenant Global Settings ■ Provisioning Skills, Skill Profiles and MM Profiles • Provisioning Sites and Teams ■ Provisioning Auxiliary Codes, Agent Profiles and Configuring Agents and Creating a supervisor • Provisioning Entry Points and Queues and adding Resources • Provisioning a Flow and Routing Strategy • Create Call Flows for Inbound Calls • Create Call Flows for Callback Queue • Entry Point and Queue Routing Strategies, DN to EP Mapping • Edit Queues and Routing Design Solution • Setting up a Call Monitoring Schedule and a Call Recording Schedule • Create Agent Desktop Client using Default Desktop Layout json • Configuring Email Notification • Create Analyzer for Dashboard ■ Create Report Visualization 1.2.3. MANAGE • Perform a single cutover onsite after business hour • User Acceptance Testing functional testing handing over to the client • Provide up to eight (8) hours of onsite support to the client during user acceptance testing • Provide up to thirty-two (32) hours of remote support ■ Provide up to eight (8) hours of training • Create, maintain, review, and resolve punch list items post- cutover • Create Design Diagrams • Export All Current CallFlow and Config Snapshot ■ Review Develop Design Document (DDD) with the Client • Update DDD with As -Built configuration information 1.2.4. PROJECT MANAGEMENT ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 5 ZONES'" During this stage, the Project Team will: ■ Serve as Seller Contact for the Services and liaison to Customer Personnel with supervision over Seller risk mitigation, scope changes, escalations, and any delay management. ■ Review with Customer Contact the SOW, project goals and objectives, and the contractual responsibilities of both parties. • Together with Customer Contact review any known areas of risk and define mitigation plans. • Maintain project communications with Customer Contact. • Facilitate and plan all scheduling with Customer Contact. • Establish documentation and procedural standards for Items Provided. • Prepare a project implementation plan to define project tasks, any milestones, and the project schedule. • Develop a reporting and meeting schedule (for proper communication and information sharing). ■ Provide status reporting, reviews, and regular executive project status overviews as agreed upon between the Parties. 1.3. OUT OF SCOPE The following services and items are out of scope and are not included among the Services: • Any work that is not related to the setup and configuration or other devices contracted above to deploy. • Troubleshooting of network issues outside the scope of services in this SOW. • Resolving any pre-existing network issues. • Resolving any third -party application, appliance, hardware, or software incompatibilities with any part of the solution for this project. • Troubleshooting of non -working, existing hardware under any circumstances. • Resolving compatibility or other issues that cannot be resolved by the manufacturer or for configuring hardware or software in contradiction to the setting supported by the manufacturer. ■ Providing any services or items other than what are specified herein. • Procurement, installation, and configuration of any type of equipment. 1.4. CUSTOMER RESPONSIBILITIES Customer will be responsible for the following, which are necessary to Seller's performance hereunder: • Providing Seller with a purchase order referencing this SOW prior to initiating the service lead time stated herein. • Responsible for interface with the PRI (Primary Rate Interface)/PSTN (Public Switched Telephone Network) provider. • Remote access to all devices required to perform the actions listed within this SOW. • Network diagrams and participate in architecture discussions upon request or if required to complete the action items within this SOW. ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 6 ZONES • Provide Seller's team with VPN access to perform tasks within this sow. • Provide jump box for data storage, TFTP, and images to perform tasks within this SOW. • Provide Seller's team admin access credentials to existing equipment as needed. • Provide IP addresses, DNS server, and domain name information as required. • Designating a person who will be the focal point for all communications related to this project and will have the authority to make binding decisions and act on behalf of the Customer in matters regarding this project. Responsibilities of this resource will include: o Serve as interface between Seller, all Customer departments and its vendors, subcontractors and/or third parties participating in the project. o Coordinate with other subcontractors or vendors to ensure they fully cooperate with the Project Team to allow us to complete the tasks in this SOW Scope. o Function as a single point of contact for Seller to assist with scheduling and implementation coordination for the duration of this project. o Manage Customer Personnel assigned to this project. o Attend project -related meetings. o Obtain and provide information, data, documents, decisions, and approvals within the time limits agreed to by Customer and Seller. o Help resolve project issues and appropriately escalate issues as needed within Customer or with subcontractors and/or vendors. o Resolve deviations from the Estimated Schedule caused by Customer. o Schedule and secure attendance of all required Customer Personnel as needed for interviews, meetings, and work sessions. • Responding to queries and requests within a reasonable time limit. • Any required licenses for Customer -owned applications or software used by Seller to perform Services described in this SOW. • Obtaining any requested technical support from a third -party support provider (e.g., Microsoft, Cisco, etc.) when all options have been fully exercised. • Piloting, testing, and acceptance throughout the entire project cycle to detect usability issues, missing requirements, and any necessary design changes. ■ The Customer will oversee end users' physical phone and soft phone installation. ■ Purchase and procure all equipment, software, and licenses. • Rack, stack, and cable equipment. 1.5. PROJECT ASSUMPTIONS The scope and any responsibilities set forth above are based on, and in scoping and performing the Services Seller is relying on the accuracy of, the assumption(s) set forth below. ■ Pre -configuration and design services will be provided during "Standard Business Hours" (meaning Monday through Friday, 8:OOAM - 5:OOPM local time, excluding Holidays) ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 7 ZONES • Cut -over services will be provided "After Business Hours" (meaning Monday through Sunday, 5:01PM- 7:59AM local time, excluding Holiday) • All third -party information, if applicable, will be provided upon request. • Any additions or modifications to the deliverables set forth below (including requests for additional days) must be made by executing a written change order signed by both parties. • Seller is not responsible for Customer data loss. • Project scope is based on the details listed in this Statement of Work. Any deviations to the scope detailed and any of these assumptions could result in additional Services Fees, or Project delivery slippage. • Services Fees are reliant on the scope and assumptions in this SOW. • Level of effort is based on Seller's current understanding of Customer's environment. If Seller completes the assessment or design phase and determines that the level of effort will need to be adjusted, seller will address this in a Change Order ("CO") • Level of effort is based on Customer's environment being in a stable and functionally sound state. If Seller, at any time during the migration, encounters issues that are related to environment instability, then Seller will address any hourly overages in a Project Change Order. • The seller will not take responsibility for any errors, incompatibilities or defects in third -party software or network devices. Any errors, incompatibilities, or defects in such software or devices may add time and cost to the project. • The seller is not responsible for delays, errors, or omissions caused or incurred by other parties. Such delays, errors, or omissions may increase the time and cost of the project. • Any additions or modifications to the deliverables set forth below (including requests for additional days) must be made by executing a written Change Order signed by both Parties. • Any delays in the change control process could impact the timelines in this project. • Some services will be completed remotely. 1.6. ITEM(S) PROVIDED The tangible items identified in the table below will be provided either prior to or upon completion of the Services (each an "Item Provided"). SOW Section Item(s) Provided Design document Project Management 1.7. PROJECT SITES In word and Visio Weekly Status Reports (.doc format; delivered electronically) Overall Implementation Plan ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 8 ZONES' Services will be performed at the following site(s) (each a "Project Site") Project Site Name / Identifier Address 33325 8TH Ave. South City of Federal Way Federal Way, WA 98003 1.8. SERVICES FEES & EXPENSES The total amount due and billable under the SOW ("Total Services Price") will include the fees for the Services performed thereunder ("Services Fees") and the cost of any Expenses (as defined herein). 1.8.1. SERVICES FEES The Services Fees will be billed on a fixed fee basis. Seller will invoice a fixed amount or amounts upon completion of one or more Services milestones, as set forth in the table (below), which presents the total amount to be paid for all Services Fees*. Milestones Percentage Fees Assessment 100% $8,954.00 Design 100% $8,954.00 Implementation 100% $17,910.00 Manage 100% $8,954.00 Expenses 100% $11,100.00 Fixed Total of Services Fees 100% $55,872.00 * The Services Fees do not include sales tax, which will be invoiced, and which Customer is obligated to pay. * Customer will be invoiced after completion of each phase mentioned in services fees. 1.8.2. EXPENSES Seller has the right to invoice, and shall be reimbursed by, the other Party for Seller's reasonable, direct costs arising from the performance of the Services, such costs to include, without limitation, airfare, hotel room charge(s), automobile mileage or standard car rental and fuel, per diem, parking, tolls, printing/photocopies, etc. (cumulatively, the "Expenses") in accordance with the terms of the Agreement; provided that if Expenses are not addressed in the Agreement, then invoicing and reimbursement shall be in accordance with Seller's standard expense policy. 1.9. PROJECT SCHEDULE ZON-11/9/23-OPP00343590-CFW-001 66 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Page 9 Solution Architect(s): Giang Ly Document Drafted by: Dave Luxem ZONES The Parties acknowledge that throughout performance of the Services they share the following responsibilities: to develop an estimated schedule with estimated dates and timelines ("Estimated Schedule"); to coordinate the project kick-off meeting; and to manage the project through completion. Project timelines will vary based on personnel schedules, the evolving conditions of Customer's environment, and the conditions of the Project Site(s). All Services will be provided during "Standard Business Hours" (meaning Monday through Friday, 8:OOAM - 5:OOPM local time, excluding Holidays). "Holidays" shall mean Seller's normal holidays in addition to national holidays. 1.10. CONTACTS Prior to (or promptly upon) commencement of the Services, each Party will identify a person who, on behalf of such Party, shall be authorized to answer questions, to make decisions, and to address any issues that arise during the performance of Services ("Contact"). 1.11. COMPLETION CRITERIA The Parties will agree in the SOW on applicable criteria for completion of the Services. 1.12. PURPOSE THIS PROPOSAL IS FOR EVALUATION PURPOSES ONLY AND IS NOT AN OFFER. AFTER THE REVIEW AND CONCLUSION OF DISCUSSIONS BETWEEN SELLER AND CUSTOMER, THE SCOPE, FEES, AND RELATED INFORMATION MAY FORM THE BASIS OF AN EXECUTABLE STATEMENT OF WORK BETWEEN THE PARTIES. 1.13. CUSTOMER BILLING INFORMATION Customer Billing Entity Name: City of Federal Way Customer Billing Address: 33325 8TH Ave. South, Federal Way,_ WA_98003 Customer Billing Method: e-invoice�Paoer/Other PO# Required? Yes No Customer Billing E-mail: fEmailBillinel Customer Billing Phone: PhoneBillin ZON-11/9/23-OPP00343590-CFW-001 © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Page 10 Solution Architect(s): Giang Ly Document Drafted by: Dave Luxem ZONES 2. CITY OF FEDERAL WAY DEDICATED TEAM Zones provides City of Federal Way with a team of certified, experienced professionals who collaborate closely with you throughout the lifecycle of a project and beyond. The key members of your team are listed below: Name Role Phone/E-mail Brian Christensen Field Account Manager 206-280-2077 Brian.christensen@zones.com AM Name AM Title AM Phone AM E-mail Larry Herring Regional Director West 909-575-9925 Larry.Herring@zones.com Giang Ly Solutions Architect 714-307-5278 Giang.Ly@zones.com ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 11 ZONES 3. OPTIONAL MANAGED SERVICES BY ZONES Zones can provide robust support via our service desks in both New York State and India. The Zones Service Desk is staffed with personable, communicative agents. Our staff continuously achieves a customer satisfaction rating that meets or exceeds requirements. Our 247 Service Desk can be responsible for being the first Zones level of contact for support either through a phone call, chat service, or an email; custom phone numbers and email addresses will be provided. 3.1. SERVICENOW Zones uses ServiceNow for our Service Desk and Network Operations Center (NOC). Available globally, it allows users to easily request a service or report an issue. After doing so, the system gives users visibility into all the requests and allows them to prioritize and assign those requests for fulfillment. The system also helps to organize other IT services, including incident management, request management, knowledge management, problem management, and change management. 3.2. SERVICE DESK OPERATIONS The Service Desk will open tickets for incidents and document issues in Zones' ServiceNow system. The Service Desk will triage the issue to determine the Priority Level and Category for the ticket according to mutually agreed upon processes and procedures. Tickets will be escalated, when necessary, to the Professional Services team. The ticket will be updated on an ongoing basis, while case managing the problem through resolution. Upon resolution, the corrective action taken will be documented, and the ticket closed ensuring the end user is continuously informed throughout the process. Zones Service Desk leverages two tiers of fully trained staff to triage and resolve issues from password recovery and desktop support to network troubleshooting and resolution. Staffed 24x7x365, our staff performs multiple projects where scope varies to produce well-rounded resources to oversee City of Federal Way incidents and requests. Our tier one staff are the first to interact with clients. They log the call, collect critical data, classify, and triage. Basic troubleshooting is performed based on the information collected. Should the tier one representative not be capable of resolving the issue or fulfilling the request in a reasonable time, they will automatically escalate to a tier two resource. Each time the incident changes hands or is updated, the end user is immediately notified. Should City of Federal Way require additional notification, Zones can incorporate this into our system. Our goal is not only to provide quality services but to ensure services are timely and meet City of Federal Way requirements. Once escalated to a tier two resource, the resource will be clearly informed through detailed incident notes or service request notes. There is no need for the end user to reiterate the issue. All service requests will be entered into the change management system, and the appropriate review will be conducted based on overall system impact, type of work, and systems impacted. For a full change board review, it could take one week to complete and is dependent on City of Federal Way change process and approval structure. Should the issue be beyond the level two resource's ability, or should onsite services be required to continue troubleshooting, Zones will escalate the issue to a level three resolver group or to individuals located onsite. Our resources will supply potential causes, such as hardware failure, and employ any additional resources necessary to ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 12 ZONES' resolve the problem. Through this tiered approach and the integration of our ITIL platform, communications are centralized, clearly recorded, and processed across systems to provide a cohesive solution with no duplication of effort. This system delivers an expedient service to City of Federal Way while tracking service levels throughout the process. Additionally, Zones offers the option to employ Level Zero services via integrated chatbot service with multi - language support. This option is typically something organizations leverage upon analyzing detailed statistics and incident analysis as a year two service offering. By doing this in year two, the chatbots can be customized to accommodate high volume requests with simple resolution scripting. This alleviates much of the volume for the level one Service Desk technicians. At the same time, users benefit from speedy responses and quick resolution times while the existing staff gains the ability to oversee challenging issues more quickly. 3.3. ZONES NETWORK MONITORING AND MANAGEMENT SERVICE Zones' Enterprise Network Monitoring and Management service pinpoints problem areas to prevent unnecessary upgrades, reduce network outages, and improve response and repair times if an outage does occur. Customers who use our experienced, proven management tools and processes to continuously monitor and maintain their networks and security can free their own engineers from day-to-day tasks so they can focus on their core business and innovative projects that support the strategic objectives of the organization. Since the average network engineer's salary is over $100,000 per year, this creates significant cost savings. Zones offers a comprehensive set of network services including planning, design, and implementation of complex solutions including data center, enterprise campus and branch, and advanced routing/optical networking. Zones Network Operations Centers (NOC) monitors events, traps, and up/down alerts 24x7x365. Events are forwarded to ServiceNow, where they will be triaged and either acknowledged or acted upon. Many events are generated that are informational only. Zones provides disaster recovery services in the event of an outage. With locations in Menands, Utica, with additional resources provided in India, our Service Desks and NOC are fully staffed to accommodate any overflow and all staff is professionally trained. We employ a model where incidents are triaged on a first -come first -served model and the redundant desks manage calls from a central queue. This means that knowledge is not localized. Experience is shared to ensure our staff is familiar with each customer's environment, procedures, and recurring incidents, which links problems for streamlined management. ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly C 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 13 ZONES 4. ZONES OVERVIEW C"WOMMIM11111:1]:T01Z04.1YiLPLJ Zones is a global provider of comprehensive IT solutions. We enable positive business outcomes through innovative solutions that leverage technology from competitive partners and exceptional service from our teams of certified sales, technical engineering, and supply chain specialists. 4.2. OUR STORY Zones has expertise in all things tech, bringing over 30 years of experience in assessing, designing, implementing, and managing end -to -end solutions for clients across industry verticals. With headquarters in Seattle and New York, logistics centers across the U.S., and a presence spanning over eighty countries worldwide, Zones is ideally positioned to support City of Federal Way in the same way we do other major corporations, healthcare organizations, and public sector entities. As an award -winning Minority Business Enterprise (MBE), Zones enables clients to capture tier -one spend towards their supplier diversity objectives. Founded in the suburbs of Seattle in November 1986, we began as a provider of Mac products to consumers. In 1998, we started shifting our focus from consumer sales to the information technology needs of businesses. We built certified relationships with industry -leading software publishers, suppliers, and hardware manufacturers, eventually establishing an extensive strategic partner program. We built a global network that supports more than eighty countries and offers the seamless management capabilities our clients demand for their international technology footprint. Our evolution continues to this day as we adapt to provide innovative technologies and better meet the needs of our clients. In March of 2018, we officially launched Zones nfrastructure, the Services Company of Zones, which leverages technical sales, consulting, and professional services to help clients solve their toughest IT challenges. Our enhanced capabilities in workplace modernization, network optimization, data center transformation, and security fortification earned us a spot in the Elite 150 of CRN Managed Service Providers 500 list. �4 IzA -- --- ZON-11/9/23-OPP00343590-CFW-001 © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Page 14 Solution Architect(s): Giang Ly Document Drafted by: Dave Luxem ZONES" 5. ZONES SOLUTIONS We develop IT solutions around four key strategic areas: Workplace Modernization, Network Optimization, Data Center Transformation, and Security Fortification. Zones works closely with City of Federal Way from the moment we first make contact, throughout the lifecycle of a project, and beyond. Our IT solutions address the business challenges of today —flexibility, productivity, scalability, compatibility, and security. With a global team of over 2,000 hardware and software specialists, servicing these needs has become our number one focus. The goal is simple —enhance your return on investment, improve efficiency, and optimize workflows. Workplace Modernization With teams growing increasingly mobile and remote, we can help City of Federal Way evolve your workplace. Whether you need to become nimbler, improve collaboration, or re -invent your business processes -we can help secure your future. Network Optimization Optimizing your network is today's answer to the future. In a world of evolving and complex network needs, Zones will design, implement, and optimize your networking capabilities starting from your data center out to your endpoints. Data Center Transformation Data continues to expand and so should your ability to scale. Zones will work with City of Federal Way to develop and implement a long-term roadmap that will transform your infrastructure and data center and enable you to evolve your business model Security Fortification Keeping your information safe is priority number one. Ensuring the security of endpoints, networks, data centers, and the cloud is paramount. Zones provides solutions designed to safeguard City of Federal Way data in use, in transit, and at rest. J]LJ CarjiE!r f fs' �i`1�FJY_Pd�ifJ �1�J ZON-11/9/23-OPP00343590-CFW-001 Solution Architect(s): Giang Ly © 2022 Zones, LLC, Proprietary and Confidential. Template v. 090221 Document Drafted by: Dave Luxem Page 15 ZONES- Bill To: CITY OF FEDERAL WAY 33325 8TH AVE. SOUTH Federal Way,WA 98003-6325 Phone : (253) 661-4028 REMIT PAYMENT TO: ZONES LLC PO Box 737040 DALLAS TX 75373-7040 10/26/2023 Ship To: Account # 0071027546 THOMAS FICHTNER Quote : K2184642 CITY OF FEDERAL WAY PO# : 33325 8TH AVE SOUTH FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only, call for verification PLEASE SEND PURCHASE Michelle Borland ORDERS DIRECTLY TO YOUR Account Manager ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # Of . Mfr. Name Description Manufacturers Part # Unit Price Total O 00162805 381 ZONES INC (ITD) A-AUD-OCP1-EA O 00162805 SPO $30.00 $11,430.00 SPO N Non -returnable item O 00162805 8 ZONES INC (ITD) CP-8832-3PCC-K9 O 00162805 SPO $649.82 $5,198.56 SPO N Non -returnable item O 00162805 3 ZONES INC (ITD) VG400-6FXS/6FXO O 00162805 SPO $2,392.89 $7,178.67 SPO N Non -returnable item O 00162805 3 ZONES INC (ITD) CON-SSSNT-VG4006FO O 00162805 SPO $2,912.85 $8,738.55 SPO N Non -returnable item O 00162805 3 ZONES INC (ITD) SL-VG400-SEC-K9 O 00162805 SPO $162.69 $488.07 SPO N Non -returnable item O 00162805 3 ZONES INC (ITD) FL-VG4XX-CC O 00162805 SPO $190.08 $570.24 SPO N Non -returnable item O 00162805 30 ZONES INC (ITD) CP-8851-K9= 000162805 SPO $327.61 $9.828.30 SPO N Non -returnable item O 00162805 381 ZONES INC (ITD) A-FLEX-EACL O 00162805 SPO $75.02 $28,582.62 SPO N Non -returnable item NVP #AR3227 Participating Addendum for WA #05819 ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 CERTIFIED as an NMBC MINORITY BUSINESS ENTERPRISE ---r- by the NMSDC Member IN THE EVENT THAT YOU HAVE AN AGREE MENT"AGREEMENT") IN PLACE WITH ZONES, LLC, THAT GOVERNS THE SALE ASSOCIATED HEREWITH, SUCH AGREEMENT SHALL GOVERN; OTHERWIS THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT =.ZONES.COM\TERMSOFSALE ("TERMS AND CONDITIONS"). SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS BE TERMS AND CONDITIONS, AS APPLICABLE. AND ZONES EXPRESSLY OBJECTS TO, DISCLAIMS, AND REJECTS ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICATIONS. ZONES EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! ZONES' 10/26/2023 Bill To: Ship To: Account # 0071027546 CITY OF FEDERAL WAY THOMAS FICHTNER Quote: K2184642 33325 8TH AVE. SOUTH CITY OF FEDERAL WAY PO# : Federal Way,WA 98003-6325 33325 8TH AVE SOUTH Phone : (253) 661-4028 FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only, call for verification REMIT PAYMENT TO: PLEASE SEND PURCHASE Michelle Borland ZONES LLC ORDERS DIRECTLY TO YOUR Account Manager PO Box 737040 ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 DALLAS TX 75373-7040 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # C3ty. Mfr. Name Description Manufacturers Part # Unit Price I Total ASK US ABOUT Installation Services On -site Technical Services and Hourly Service Rates Remote Help Desk and Remote Network OS Support Visit us on the web: http://www.zones.com ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 CERTIFIED as an Nmsc �y�� EBB MIR111TV BUSINESS ENTERPRISE __T_ oy tnv NMsoC Member Sub -Total: $72,015.01 Estimated Sales Tax: $7,273.52 FedEx Ground: $0.00 Grand Total: $79,288.53 FINANCING, LEASING AND SUBSCRIPTION OPTIONS AVAILABLE ! CONTACT LEASING ZONES.COM FOR MORE INFORMATION! THAT YOU HAVE AN AGREEMENT -AGREEMENT") IN PLACE WITH ZONES, LLC. THAT GOVERNS THE SALE ASSOCIATED HEREWITH, BENT SHALL GOVERN; OTHERWI5E�THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT -OM%TERM SOFSAL E (-TERMS AND CONDMONS-), SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS TERMS AND CONDITIONS, AS APPLICABLE. ANO ZONES EXPRESSLY OBJECTS TO, DISCLAIMS, AND REJECTS !T OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICATIONS. ZONES EXPRESSLY DISCLAIMS AND IMPLIED WARRANTIES. WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! ZONES' Bill To: CITY OF FEDERAL WAY 33325 8TH AVE. SOUTH Federal Way,WA 98003-6325 Phone : (253) 661-4028 REMIT PAYMENT TO: ZONES LLC PO Box 737040 DALLAS TX 75373-7040 11 /29/2023 Ship To: Account # 0071027546 THOMAS FICHTNER Quote : K2194734 CITY OF FEDERAL WAY PO# : 33325 8TH AVE SOUTH FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only, call for verification PLEASE SEND PURCHASE Michelle Borland ORDERS DIRECTLY TO YOUR Account Manager ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # Mfr. Name Description Manufacturers Part # Unit Price Total 004874885-NEW 1 CISCO SYSTEMS Cisco Spark Room Kit Plus - Video CS-KITPLUS-K9 $6,177.48 $6,177.48 INC. Conferencin Kit - CS-KITPLUS-K9 009761369-NEW 1 CISCO SYSTEMS Room Kit Plus w/Codec Plus, Quad Camera CON-SNT-CS7ZK9KI $1,512.22 $1,512.22 INC. and Room Navi ator S $213.02 006457813-NEW 1 CISCO SYSTEMS Cisco Table Microphone with Jack plug CS-MIC-TABLE-J $213.02 INC. 009924758-NEW 1 CISCO SYSTEMS Cisco Table Microphone with Jack plug CON-SNT-CS5HEJMI $52.99 $52.99 INC. SNTC-8X5XNBD 009888867-NEW 1 CISCO SYSTEMS CARBON WEBEX ROOM BAR W/WALL CS-BAR-W-C-K9 $2,430.41 $2,430.41 INC. MOUNTED NAVIGATOR 010724685-NEW 1 CISCO SYSTEMS 5YR SMARTNET SNTC NBD 8X5 CON-SNT-CSPEBARW $341.58 $341.58 INC. MLICCARBON WEBEX ROOM BAR W. WALL MNT Non -returnable item 1 CISCO SYSTEMS Cisco Webex Room Kit Pro - GPL - video CS-KITPRO-K9 $11,720.42 $11,720.42 006177827-NEW INC. conferencinq kit - CS-KITPRO-K9 009746368-NEW 1 CISCO SYSTEMS Room Kit Pro - Codec, Quad Cam, Room CON-SNT-CSOCK9KI $2,868.75 $2,868.75 INC. Navigator - GPL SNTC-8X 009582575-NEW 1 CISCO SYSTEMS CISCO MICROPHONE ARRAY FOR CS-MIC-ARRAY-T $732.88 $732.88 INC. TABLE AND WEBEX ROOMS 009782266-NEW 1 CISCO SYSTEMS Cisco Microphone Array for table and CON-SNT-CS3FYTM1 $182.61 $182.61 INC. Webex Rooms SNTC-8X5XNB 009193636-NEW 1 CISCO SYSTEMS ROOM KIT PRO PTZ 4K CODEC PRO CS-KITPRO-PTZ4K-K9 $10,761.69 $10,761.69 INC. CISCO SYSTEMS PTZ 4K ROOM NAVIGATOR 009761194-NEW 1 TAKEOVER ROOM KIT PRO PTZ 4K CON-SNT-CS2EK9KI $2,677.17 $2,677.17 INC. CODECPRO PTZ 4K ROOM NAVIGATOR SNTC 009582575-NEW 1 CISCO SYSTEMS CISCO MICROPHONE ARRAY FOR CS-MIC-ARRAY-T $732.87 $732.87 1 J INC. TABLE AND WEBEX ROOMS ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 CERTIFIED EBB as an NMBC MINORITY BUSINESS ENTERPRISE by the NMSDC N�m6c: IN THE EVENT THAT YOU HAVE AN AGREEMENT ("AGREEMENT") IN PLACE WITH ZONES, LLC, THAT GOVERNS THE SALE ASSOCIATED HEREWITH, SUCH AGREEMENT SHALL GOVERN; OTHERWISE THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT WWW.ZONES.COM\TERMSOFSALE ("TERMS AND CONDITIONS"), SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS TERMS AND CONDITIONS, AS APPLICABLE, AND ZONES EXPRESSLY OBJECTS To, DISCLAIMS, AND REJECTS ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICATIONS. ZONES EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! ZONES' Bill To: CITY OF FEDERAL WAY 33325 8TH AVE. SOUTH Federal Way,WA 98003-6325 Phone: (253) 661-4028 11 /29/2023 Ship To: Account # 0071027546 THOMAS FICHTNER Quote: K2194734 CITY OF FEDERAL WAY PO# : 33325 8TH AVE SOUTH FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only, call for verification REMIT PAYMENT TO: PLEASE SEND PURCHASE Michelle Borland ZONES LLC ORDERS DIRECTLY TO YOUR Account Manager PO Box 737040 ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 DALLAS TX 75373-7040 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # Qty. Mfr. Name Description Manufacturers Part # Unit Price Total 009782266-NEW 1 CISCO SYSTEMS Cisco Microphone Array for table and CON-SNT-CS3FYTMI $182.61 $182.61 INC. Webex Rooms SNTC-8X5XNB 007194270-NEW 3 CISCO SYSTEMS Cisco VG400 Analog Voice Gateway VG400-2FXS/2FXO $1,357.13 $4,071.39 INC. 008640509-NEW 3 CISCO SYSTEMS TAKEOVER SOLN SUP NCD CISCO CON-SSSNC- $331.79 $995.37 INC. VG400 ANALOG VOICE GATEWAY VG4002FO 009567508-NEW 3 CISCO SYSTEMS Cloud Calling license for Cisco VG4xx Se FL-VG4XX-CC $180.00 $540.00 INC. Non -returnable item 007378151-NEW 3 CISCO SYSTEMS UNIFIED COMMUNICATION SEC LICS SL-VG400-SEC-K9 $154.06 $462.18 INC. FOR VG400 Non -returnable item VG400-4FXS/4FXO 007194239-NEW 1 CISCO SYSTEMS Cisco VG400 Analog Voice Gateway $2,107.89 $2,107.89 1 INC. SOLN SUPP NCD Cisco VG400 Analog 008261798-NEW CISCO SYSTEMS CON-SSSNC- $516.84 $516.84 INC. Voice G VG4004FO 009567508-NEW 1 CISCO SYSTEMS Cloud Calling license for Cisco VG4xx Se FL-VG4XX-CC $180.00 $180.00 INC. Non -returnable item 007378151-NEW 1 CISCO SYSTEMS UNIFIED COMMUNICATION SEC LICS SL-VG400-SEC-K9 $154.06 $154.06 INC. FOR VG400 Non -returnable item 007391792-NEW 1 CISCO SYSTEMS Cisco VG400 Analog Voice Gateway VG400-8FXS $2,055.22 $2,055.22 INC. 008531007-NEW 1 1 CISCO SYSTEMS SOLN SUPP NCD Cisco VG400 Analog I CON-SSSNC-VG4008X $503.41 $503.41 INC. Voice G ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 CERTIFIED Ic NIIN"ITY BUSINESS HIM ENTERPRISE Tby the NMSDC Mem6cr AN HEREWITH, WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! ZONES' Bill To: CITY OF FEDERAL WAY 33325 8TH AVE. SOUTH Federal Way,WA 98003-6325 Phone : (253) 661-4028 REMIT PAYMENT TO: ZONES LLC PO Box 737040 DALLAS TX 75373-7040 11 /29/2023 Ship To: Account # 0071027546 THOMAS FICHTNER Quote : K2194734 CITY OF FEDERAL WAY PO# : 33325 8TH AVE SOUTH FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only, call for verification PLEASE SEND PURCHASE Michelle Borland ORDERS DIRECTLY TO YOUR Account Manager ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 VIA FAX OR EMAIL Email:michelle.stubbs@zones. com Item # Qty. Mfr. Name Description Manufacturers Part # Unit Price Total 009567508-NEW 1 CISCO SYSTEMS Cloud Calling license for Cisco VG4xx Se FL-VG4XX-CC $180.00 $180.00 INC. Non -returnable item CISCO SYSTEMS UNIFIED COMMUNICATION SEC LICS 007378151-NEW 1 SL-VG400-SEC-K9 $154.07 $154.07 INC. FOR VG400 Non -returnable item 007354498-NEW 1 CISCO SYSTEMS Cisco VG400 Analog Voice Gateway VG400-6FXS/6FXO $3,776.62 $3,776.62 INC. 008532863-NEW 1 CISCO SYSTEMS US ONLY SOLN SUP NCD CISCO CON-SSSNC- $741.23 $741.23 INC. VG400 ANALOG VOICE GATEWAY VG4006FO 007378151-NEW 1 CISCO SYSTEMS UNIFIED COMMUNICATION SEC LICS SL-VG400-SEC-K9 $193.39 $193.39 INC. FOR VG400 Non -returnable item 009567508-NEW 1 CISCO SYSTEMS Cloud Calling license for Cisco VG4XX Se FL-VG4XX-CC $225.01 $225.01 INC. I Non -returnable item 006517815-NEW 50 CISCO SYSTEMS 562 WLS DUAL HDSET MULTI BASE CP-HS-WL-562-M-US= $223.42 $11,171.00 INC. STATION US 009761184-NEW 50 CISCO SYSTEMS CCW ONLY 562 WRLS DUAL CON-SNT-PHSUSWS8 $39.95 $1,997.50 INC. HEADSET,MULTI BASE STATION US CASNTC-8X5X 007646041-NEW 50 CISCO SYSTEMS 730 Wireless Dual On -ear Headset USB-A HS-WL-730-BUNA-C $242.39 $12,119.50 INC. Bundle - Carbon Black 009761063-NEW 50 CISCO SYSTEMS CCW ONLY 730 WRLS DUAL ON -EAR CON-SNT-SWDAC7D9 $43.47 $2,173.50 INC. HEADSET USB-A BUNDLE CARBON BLACK 009778767-NEW 50 CISCO SYSTEMS BO CISCO 980 WRLS OVER -EAR USB- HS-WL-980-BUNA-L $450.61 $22,530.50 INC. A BUNDLE FIRST LIGHT ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 CERTIFIED as an WF<BG IRITBUSINESS MIH STE PHISE ---T-- Mamba uy 1ho SM51C IN THE EVENT THAT YOU HAVE AN AGREEMENT ("AGREEMENT') IN PLACE WITH ZONES, LLC, THAT GOVERNS THE SALE ASSOCIATED HEREWITH, SUCH AGREEMENT SHALL GOVERN; OTHERWISE THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT W W W20NES.COMITERMSOFSALE 'TERMS AND CONDITIONS"), SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS TERMS AND CONDITIONS, AS APPLICABLE, AND ZONES EXPRESSLY OBJECTS TO, DISCLAIMS, AND REJECTS ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMERS OOCUMENTS OR COMMUNICATIONs. ZONES EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! ZONES' Bill To: CITY OF FEDERAL WAY 33325 8TH AVE. SOUTH Federal Way,WA 98003-6325 Phone: (253) 661-4028 11 /29/2023 Ship To: Account # 0071027546 THOMAS FICHTNER Quote: K2194734 CITY OF FEDERAL WAY PO# : 33325 8TH AVE SOUTH FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only, call for verification REMIT PAYMENT TO: PLEASE SEND PURCHASE Michelle Borland ZONES LLC ORDERS DIRECTLY TO YOUR Account Manager PO Box 737040 ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 DALLAS TX 75373-7040 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # Ltty. , Mfr. Name I Description Manufacturers Fart # Unit Price Total 50 CISCO SYSTEMS US ONLY SNTC 8X5 NBD B O 980 WRLS CON-SNT-HSZWL198 $43.47 $2,173.501 1009778768-NEW l INC. OVER -EAR USB-A B O 00162805 1 ZONES INC (ITD) I CS-BARPRO-K9 O 00162805 SPO $5,256.52 $5,256.52 SPO N Non -returnable item 010785769-NEW 1 CISCO SYSTEMS SNTC-8X5XNBD Cisco Room Bar Pro First CON-SNT-CSBARPK9 $1,010.57 $1,010.57 INC. Li 008633393-NEW 50 CISCO SYSTEMS Cisco Webex Desk Camera CD-DSKCAM-C-US $166.03 $8,301.50 INC. 009749407-NEW 50 CISCO SYSTEMS TAKEOVER WEBEX DESK CAMERA CON-SNT-DDXUSKXI $24.31 $1,215.50 INC. CARBON BLACK USSNTC 8X5 NBD 009918354-NEW 50 CISCO SYSTEMS DESK CAMERA 1080P - CARBON CD-DSKCAMD-C-US $80.99 $4,049.50 INC. BLACK - US 009921588-NEW 50 CISCO SYSTEMS US ONLY SNTC-BX5XNBD CISCO CON-SNT-CDCDSKCA $12.85 $642.50 INC. WEBEX DESK CAMERA 1080P, CARBON B 006525492-NEW 5 CISCO SYSTEMS 6821 PHONE FOR MPP SYSTEMS CP-6821-3PCC-K9= $67.33 $336.65 INC. 009748971-NEW 5 CISCO SYSTEMS TAKEOVER 6821 PHONE FOR MPP CON-SNT-P6BK92B1 $14.24 $71.20 INC. SYSTEMSSNTC 8X5 NBD NVP #AR3227 Participating Addendum for WA #05819 ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 �y CERTIFIED as an NMBC MINORITY BUSINESS BBB ENTERPRISE —r— by the NMSDC Mcmtxr IN THE EVENT THAT YOU HAVE AN AGREEMENT ("AGREEMENT") IN PLACE MOTH ZONES, LLC, THAT GOVERNS THE SALE ASSOCIATED HEREWITH, SUCH AGREEMENT SHALL GOVERN; OTHERWISE THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT WWW.ZONES.COM\TERMSOFSALE ("TERMS AND CONDITIONS"), SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS SRT�i'O-5TFIE TERMS AND CONDITIONS, AS APPLICABLE, AND ZONES EXPRESSLY OBJECTS TO, DISCLAIMS, AND REJECTS ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICATIONS. ZONES EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! ZONES' 11 /29/2023 Bill To: Ship To: Account # 0071027546 CITY OF FEDERAL WAY THOMAS FICHTNER Quote: K2194734 33325 8TH AVE. SOUTH CITY OF FEDERAL WAY PO# : Federal Way,WA 98003-6325 33325 8TH AVE SOUTH Phone : (253) 661-4028 FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only; call for verification REMIT PAYMENT TO: PLEASE SEND PURCHASE Michelle Borland ZONES LLC ORDERS DIRECTLY TO YOUR Account Manager PO Box 737040 ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 DALLAS TX 75373-7040 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # Ctty. Mfr. Name Description Manufacturers Part # Unit Price Total ASK US ABOUT Installation Services On -site Technical Services and Hourly Service Rates Remote Help Desk and Remote Network OS Support Visit us on the web: http://www.zones.com ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 CERTIFIED B$g MINORITY BUSINESS ENTERPRISE Tby the NMSDC Mew Sub -Total: $130,492.82 Estimated Sales Tax: $13,179.77 FedEx Ground: $0.00 Grand Total: $143,672.59 FINANCING, LEASING AND SUBSCRIPTION OPTIONS AVAILABLE I CONTACT LEASING@( ZONES.COM FOR MORE INFORMATION! IN THE EVENT THAT YOU HAVE AN AGREEMENT [-AGREEMENT-] IN PLACE WITH ZONES, LLC, THAT GOVERNS THE SALE ASSMIATIm HEREWITH, SUCH AGREEMENT SHALL GOVERN; OTHERWISE THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT W W W.ZONES.COWTERMSOFSALE (-TERMS AND CONDITIONS-), SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND.CONDI'nONS OF THIS TERMS AND CONDITIONS, AS APPL]CAEILE, AND ZONES EXPRESSLY �.IECTS TO, OLSCLA}MS, AND REJECTS ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH TN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICAT}ONS. ZONES EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! RETURN TO: TERRY SMITH EXT: 2550 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: INFORMATION TECHNOLOGY 2. ORIGINATING STAFF PERSON: THOMAS FICHTNER EXT: 2547 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (EG. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ® OTHER Zones Proposal, quotes, program terms sample 5. PROJECT NAME: Cisco Phone System Upgrade 6. NAME OF CONTRACTOR: Zones, LLC. ADDRESS: 1102 15TH STREET S.W., SUITE 102, AUBURN, WA, 98001 TELEPHONE 253.205.3765 E-MAIL: brian.christensen@zones.com FAX: 253205.3862 SIGNATURENAME: Brian Christensen TITLE Field Account Manager 7. EXHIBITS AND ATTACHMENTS:1A SCOPE, WORK OR SERVICES ® COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: Upon Execution COMPLETION DATE: 60 Months After Execution (option to renew 9. TOTAL COMPENSATION $ 395,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:®YES ❑NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 11,100.00 IS SALES TAX OWED 15YES ®NO IF YES, $ 20,066.40 PAID BY: ❑ CONTRACTOR® CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDW N PURCHASING: PLEASE CHARGE TO: One -Time: 502-1100-046-518-88-642, Ongoing: 60%: 502-1100-046-518-91-414, 40%: 518-91-420 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED Ai PROJECT MANAGER TF - 11/29/23 © DIRECTOR TF-11/29/23 ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW TMW 11/30/23 staff report, agenda bill only 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# COMMENTS: The complete project package consists of three things; a purchase order will be made for the hardware and licensing, a Professional Services Agreement will be executed between the City and Zones for the migration project, and the Cisco Enterprise Agreement will be executed between the City and Cisco, The whole package is going before Council as one item. 11/29/23 "'LEGAL has NOT reviewed the Purchase Order or Professional Services Agreement" 2/2017 7c COUNCIL MEETING DATE: December 5, 2023 ITEM A. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CISCO CORE NETWORK UPGRADE POLICY QUESTION: Should Council approve the purchase of Cisco core network equipment from Zones, LLC.? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Thomas Fichtner Attachments: 1.. Staff Report 2. Zones quote for Cisco core network hardware DEPT: Information Technology Options Considered: 1. Approve the proposed purchase of Cisco core network equipment. 2. Do not approve the proposed purchase of Cisco core network equipment and provide direction to staff. MAYOR'S MAYOR APPROVAL: TION: Ontion 1. �r Council COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: l! 12,,fl XJ lnitiallvals Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed purchase of Cisco core network equipment from Zones, LLC, for a total not to exceed $195, 000. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 29, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Thomas Fichtner, I.T. Department SUBJECT: Cisco Core Network Upgrade Financial Impacts: The one-time capital cost to the City for the Cisco Core Network Upgrade project is included within the approved budget under the 2023 Information Technology Department capital budget as well as the 2024 IT Department capital budget as of the latest approved Budget Amendment via carryforward. The source of this funding in the Information Technology Capital Reserve fund, which is funded via four different funding buckets: Core Server Cluster Replacement, IT INET Network Router, Cisco Core Network Upgrade, and Internet Connection Bandwidth and Redundancy -The on- going operational and support costs are included within the existing 2023/2024 Information Technology M&O budget. Upon completion of the Cisco Core Network Upgrade project, the total one-time cost to the City in 2024 will be $194,520.63, while the total ongoing operation and support costs are estimated at $13,545.87 annually. The City currently pays for ongoing support on the existing equipment from the operational budget and will continue to do so for the new equipment. No payments will be made out of the 2023 budget. All pricing quoted by Zones, LLC. is on the NASPO procurement contract, which the City is authorized to use as a purchasing vehicle. Back round Information: The City's core network is what connects every device (PCs, laptops, server, printers, WiFi access points, cameras, etc.) together and allows them to talk to each other and connect to the Internet. Think of the core as the central nervous system of the City's computer network. The core network is comprised of a border router, firewalls, core switches and access switches. The last major upgrade the City did to the core network was in 2014 and then later in 2016 as part of the Cisco Unified Call Manager telephone system, a refresh was completed to equipment that wasn't touched in 2014. Some of the equipment in the core network is approaching the end of life and will no longer be Rev. 7/18 2,225.89 11,129.45 23 C9200L-DNA-E-48- 3Y C9200L DNA Essentials $ 476.89 $ 10,968.47 16 C9200L-STACK- KIT= Cisco Catalyst 9200L Stack Module $ 575.61 $ 9,209.76 Support Annual 2 CON-SSSNT- C8304T2X SmartNet C8300 Router $ 1,011.07 $ 2,022.14 2 CON-SNC-C9504YA4 SmartNet Catalyst 9500 48 1/10/25 $ 1,197.96 $ 2,395.92 16 CON-SNC-C9200L4X SmartNet Catalyst 9200L 48 PoE+ $ 409.12 $ 6,545.92 5 CON-SNC-C920L4XE SmartNet Catalyst 9200L 48 Data $ 267.85 $ 1,339.27 Hardware & License (1-Time, inc. Tax) Totals $ 180,974.76 Support (Annual, inc. Tax) $ 13,545.87 Grand Total (Year 1) $ 194,520.63 City staff will be facilitating the upgrade of the core network devices and will install them in phases over several months during maintenance windows in off -hours to minimize the impact to City operations. Rev. 7/18 ZONES TERMS AND CONDITIONS THESE TERMS AND CONDITIONS OF SALE ("TERMS AND CONDITIONS" OR "AGREEMENT") ARE AGREED BETWEEN ZONES, LLC, OR ITS AFFILIATE, WHICHEVER IS THE SELLER ("SELLER") AND THE ENTITY ("CUSTOMER") TO WHICH SELLER IS MAKING A SALE ("SALE") OF ONE OR MORE "SALES OFFERINGS" (MEANING PRODUCTS, PRODUCT SUPPORT AND SERVICES) UNDER A "TRANSACTION DOCUMENT" (MEANING A PURCHASE ORDER OR STATEMENT OF WORK) AND FORM AN AGREEMENT, EXCLUSIVELY GOVERNING SUCH SALE EFFECTIVE ON THE EARLIER OF THE DATE WHEN SUCH TRANSACTION DOCUMENT IS "EXECUTED" (MEANING, WITH RESPECTTO A PURCHASE ORDER, THE DATE ON WHICH SUCH PURCHASE ORDER IS ACCEPTED BY SELLER, AND WITH RESPECT TO A STATEMENT OF WORK, THE DATE THAT IS IDENTIFIED ASTHE EFFECTIVE DATE, OR IN THE ABSENCE OF SUCH IDENTIFIED EFFECTIVE DATE, WHEN THE STATEMENT OF WORK IS COUNTERSIGNED) AND THE DATE WHEN SELLER INITIATES PERFORMANCE HEREUNDER AT CUSTOMER'S REQUEST ("AGREEMENT EFFECTIVE DATE") THESE TERMS AND CONDITIONS MAY BE UPDATED FROM TIME TO TIME BY SELLER WITHOUT PRIOR NOTICE; PROVIDED THATTHE VERSION OF THESE TERMS AND CONDITIONS POSTED ON THIS WEBSITE AT TH E TIME THE TRANSACTION DOCUMENT IS EXECUTED SHALL BE THE AG REEM ENT THAT GOVERNS SUCH TRANSACTION DOCUMENT. NOTWITHSTANDING THE FOREGOING, IF THE PARTIES HAVE ENTERED INTO A SEPARATE, EFFECTIVE AGREEMENT APPLICABLE TO SUCH TRANSACTION DOCUMENT ("SEPARATE AGREEMENT"), THEN THESE TERMS AND CONDITIONS SHALL NOTAPPLYTO SUCH TRANSACTION DOCUMENT AND SHALL NOT GOVERN SUCH SALE, AND INSTEAD SUCH SEPARATE AGREEMENT SHALL GOVERN SUCH SALE. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND A SEPARATE AGREEMENT, THE SEPARATE AGREEMENT SHALL PREVAIL. IN THE EVENT OF A CONFLICT BETWEEN THE TRANSACTION DOCUMENTAND THESE TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL PREVAIL, AND ANY ADDITIONAL OR DIFFERENTTERMS OR CONDITIONS IN ANY FORM ASSOCIATED WITH THE TRANSACTION DOCUMENT OR OTHERWISE PROVIDED BY CUSTOMER, OTHER THAN THE "TRANSACTION SPECIFICS" (MEANING THE NUMERICAL AND OTHER IDENTIFYING INFORMATION NECESSARYTO THE SALE, INCLUDING WITHOUT LIMITATION PRICE, QUANTITY, PRODUCT NAMES AND/OR CODES, AND DELIVERYAND/OR INVOICE ADDRESSES), ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS OFTHESE TERMS AND CONDITIONS, ARE HEREBY REJECTED, AND ARE NULL AND VOID; PROVIDED THAT CONFLICTING TERMS AND CONDITIONS IN A STATEMENT OF WORKTHAT EXPRESSLY STATE THATTHEY SUPERSEDE CERTAIN SPECIFIED PROVISIONS OF THESE TERMS AND CONDITIONS SHALL PREVAIL. AS USED HEREIN, "PARTY" MEANS SELLER OR CUSTOMER INDIVIDUALLY, AND "PARTIES" MEANS SELLER AND CUSTOMER COLLECTIVELY. PRODUCT AND PRODUCT SUPPORT SALES. Product and Product Support Purchasing. Subject to credit approval, Customer shall be entitled to purchase hereunder for its own internal use and not for resale: (a) hardware, software, and other items that are commercially available in Seller's catalog (each a "Product"); and (b) warranties, maintenance, and other services that are resold by Seller and that are performed by a third party under the terms of a separate contract exclusively between Customer and such third party ("Product Support"). With respect to Product Support, Customer acknowledges and agrees that such third party is the contracting party, that such third party is exclusively responsible for performing the Product Support, and that Customer hereby releases and shall have no claim against Seller, Seller's Affiliates or Seller's Personnel for any loss, claims or damages arising from, or related to, such Product Support. Product and Product Support Quotes. Seller may frorn time to time provide quotes to Customer, orally or in writing, specifying Transaction Specifics related to identified Products or Product Support ("Quote") that may be the subject of a Sale hereunder. Any Quote is presented for reference purposes only and shall not be deemed to be an offer Product and Product Support Pricing. Any pricing is subject to change, except pricing that appears in a "Purchase Order" or "PO" (meaning an order for Sales Offerings submitted by Customer to Seller either in hard copy or electronic form, including via Seller's website, in.accordance with these Terms and Conditions) that is accepted by Seller in writing ("Confirmed Pricing''). Other than with respect to Confirmed Pricing, Seller reserves the right to make adjustments to pricing, Products and Product Support for reasons including, but not limited to, changes in market conditions or manufacturer price, or Product unavailability or discontinuation. Notwithstanding the foregoing, Seller shall have the right to terminate, and shall not be obligated to perform under, any accepted Purchase Order in the event that the Confirmed Pricing associated therewith was based on an error in any advertisement or Quote._ Products and Product Support POs. Customer makes an offer to purchase Products or Product Support hereunder by submitting the Purchase Order to Seller. Customer also may request Products or Product Support via telephone; provided that Customer confirms its offer promptly thereafter by submitting the Purchase Order to Seller. Seller agrees to fill any Purchase Order upon Seller's written acceptance of such Purchase Order; provided that: (a) any such acceptance by Seller is subject to Product availability; and (b) any delivery dates specified in such Purchase Order are non -binding; and (c) Seller is obligated only to make good faith efforts to meet such delivery dates. Each Purchase Order for Products and/or Product Support shall specify, as applicable, the quantities and prices specified on Seller's Quote, along with destination, preferred (but non -binding) delivery date, and any non-standard shipping instructions. Nothing stated in Customer's Purchase Order or other forms shall in any way be deemed to add to, modify, or amend these Terms and Conditions. Any terms or conditions attached to or set forth or referenced in any Purchase Order shall be of no force or effect. Product Delivery. Seller shall make commercially reasonable efforts to meet any requested delivery dates, but Seller shall not be liable for any delay or inability to ship Products due to Product unavailability, manufacturer delays, or any Force Majeure Event. Seller shall have the right to make two (2) or more partial deliveries under a single Purchase Order to complete delivery of all Products ordered thereunder. Product Title. Title to Products and risk of Product loss or damage pass to Customer upon delivery to Customer (F.O.B. destination with freight prepaid and added); provided that if Customer specifies its own carrier account number or requires shipment via a nonstandard (for Seller) carrier, title to Products and risk of Product loss or damage pass to Customer upon delivery to the carrier (F.O.B. origin, freight collect). Notwithstanding the foregoing, title to software Products manufactured by a third party shall at all times remain with such third party, and Customer's rights to any such software Products shall be as specified in the applicable software license agreement between Customer and such third party ("EULA"); Customer warrants that it shall not download or use any software Products without first entering into the applicable E U LA. Product and Product Support Invoicing. Seller will invoice Customer for Products at the time of shipment and for Product Support at the time of purchase. Seller may invoice Customer separately for partial deliveries. Any amounts invoiced by Seller with respect to Product Support, including without limitation sales taxes, are collected by Seller solely in the capacity of independent sales agent. Customer further grants to Seller a security interest in the Products to secure payment in full and authorizes Seller to execute and file a financing statement or other documents necessary to perfect such security interest. Any such security interest shall terminate upon payment of all amounts due for the applicable Products and any costs of collection. Product and Product Support Warranties. Notwithstanding anything to the contrary set forth herein or in any separate communication, the sole warranty received by Customer with respect to any Products and Product Support is the warranty, if any, that is conveyed directly from, respectively, the Product manufacturer or the Product Support provider and that will be passed through to Customer by Seller to the extent Seller has the right to do so. Seller, acting solely as a reseller of Products and a sales agent for Product Support, makes no independent warranty related to the Products or Product Support, sells such Products and Product Support "as is", and shall have no obligations related to the performance of the Products or the Product Support. Customer acknowledges that in purchasing the Products or Product Support, Customer relies solely on the applicable manufacturer specifications or the separate contract with the Product Support provider, as applicable, not on any communications from Seller, any Seller "Affiliate" (meaning an entity that owns, is owned by, or is under common ownership with, a Party) or its or their "Personnel" (meaning the owners, directors, officers, employees, agents or contractors of a Party), including without limitation any statements, specifications, photographs or other illustrations representing the Products or Product Support. Product Returns. Any Product returns will be in accordance with Seller's Return Policy set forth at the following website: http.lLmw.zones.com/PeturnPolicy_. Export Law Compliance. Customer agrees to comply with, and indemnifies and holds harmless Seller from its failure to comply with, U.S. export laws, including without limitation U.S. Export Administration Regulations. Customer acknowledges that manufacturer warranties may vary or be nullified or voided for Products exported from the United States. SERVICES SALES. Services Purchasing. Subject to credit approval, Customer shall be entitled to purchase consulting and other services performed by Seller, Seller's Affiliate, or Seller's subcontractors (each a "Service"), according to the terms and conditions set forth generally in these Terms and Conditions and specifically in a "Statement of Work" or "SOW" (meaning a written and executed contract that is between Seller or Seller's Affiliate and Customer or Customer's Affiliate and that specifies the terms and conditions under which one of the former will sell and provide Services to one of the latter); provided that the Statement of Work may be amended upon execution of a written amendment that references the SOW and that specifies all changes, including with respect to scope, fees, items provided, or otherwise ("Change Order"). In the event of a conflict between the terms and conditions set forth in a Change Order and those set forth in the SOW or in a previously executed Change Order, the terms and conditions of the most recent Change Order shall prevail. Except as otherwise set forth in the SOW, Customer shall be -obligated to pay for all of Seller's costs and expenses associated with the Services thereunder, without markup by Seller, including without limitation, travel and lodging expenses. Customer Responsibilities. Customer agrees to cooperate reasonably at all times during Seller's performance of the Services, and Customer warrants that it will provide timely responses, approvals, authorizations, access and applicable information, as necessary ("Customer Support"). Customer further acknowledges and agrees that Seller's performance of the Services is dependent on Customer's timely and accurate fulfillment of the foregoing warranty obligations. Customer shall ensure that at all times during performance of Services at a site designated by Customer for such performance ("Customer Site") Customer maintains adequate insurance coverage to protect Seller, Seller's Affiliate, Seller Personnel and the Customer Site, and Customer indemnifies and holds harmless Seller, Seller's Affiliate, Seller Personnel from any claims that arise out of any product liability, death, or damage to any person or property and that are not solely and proximately caused by Seller's gross negligence or willful misconduct. Services POs. Any PO issued for Services is intended for administrative purposes only. Services Acceptance. Seller may provide to Customer from time to time notification that certain among the Services and/or Work Product (as defined herein) are substantially complete. Upon receiving such notification, Customer has three (3) "Business Days" (meaning Mondaythrough Friday, excluding Holidays) to evaluate such Services and/or Work Product and to indicate Customer's Rejection or Acceptance of them ("Acceptance Period"), as follows: (a) Customer rejects such Services and/or Work Product by submitting to Seller during the Acceptance Period a written document detailing with specificity each reason for which the Services and/or Work Product are rejected ("Rejection"); or (b) Customer accepts such Services and/or Work Product either by submitting to Seller a written and signed document on Seller's template, confirming its acceptance thereof, or by failing to reject such Services and/or Work Product prior to the expiration of the Acceptance Period ("Acceptance''). Seller shall have up to thirty (30) days after its receipt of a Rejection, or such longer period on which the Parties may agree ("Correction Period") to correct the rejected Services and/or Work Product and to provide notification that such Services and/or Work Product are again complete, thereby initiating a new Acceptance Period. Services Invoicing. Customer will be invoiced in accordance with the applicable SOW; provided that Seller may invoice Customer for all Services under such SOW or for a portion thereof. Services Warranty. Seller warrants that the Services will be performed and the Work Product will be prepared in a professional and workmanlike manner consistent with good practices in the information technology services industry. Customer's sole and exclusive remedy with respect to this warranty is for Seller, at Seller's sole option, either: (a) as applicable, to perform again any substantially failed Service or to prepare again any substantially failed Work Product; or (b) to refund the amount paid, as applicable, for any substantially failed Service or Work Product; provided that, with respect to either option, Customer notifies Seller in writing of any such substantial failure within five (S) Business Days after performance of such Service or delivery of such Work Product, and provided that the warranty with respect to any Service or Work Product is voided if: (i) such Work Product is used in conjunction with any hardware configuration, operating environment or computer program other than one expressly specified in the applicable SOW; (ii) any portion of the Work Product is modified by anyone other than Seller or a party acting under Seller's direction; or (iii) the failure of the Work Product is due to any bugs, defects, problems or failures of hardware caused by the negligence or user error of Customer or any third party. Customer acknowledges that any estimates related to Services performance are non -binding and are intended for planning purposes only. Services Warranty Disclaimer. SELLER DISCLAIMS ALL WARRANTIES: (A) THAT THE WORK PRODUCT WILL FUNCTION OTHER THAN ASSET FORTH IN WRITING BY SELLER; AND (B) THAT THE OPERATION OF THE WORK PRODUCT WILL'BE FREE FROM INTERRUPTION OR ERRORS IN ALL CIRCUMSTANCES. Responsibility for Data. SELLER SHALL HAVE NO RESPONSIBILITY FOR CUSTOMER'S DATA, AND CUSTOMER ACKNOWLEDGES AND AGREES THAT AT ALL TIMES DURING PERFORMANCE HEREUNDER, CUSTOMER IS AND SHALL REMAIN SOLELY RESPONSIBLE FOR RISKS TO ITS DATA ARISING FROM, AND FOR DAILY BACK-UP AND PROTECTION OF ITS DATA, SOFTWARE AND IMAGES AGAINST, LOSS, DAMAGE, CORRUPTION OR DESTRUCTION. License to Work Product. As between the Parties, Seller owns all rights, including without limitation all associated intellectual property rights, in the "Work Product" (meaning all deliverables, documents, other tangible items and Services results, including any inventions, innovations, improvements, other works of authorship, and other derivative works that arise therefrom and intellectual property therein or related thereto, conceived, developed or provided by Seller in the course or as a result of performing the Services, including from time to time third party intellectual property, regardless of whether they are eligible for patent, copyright, trademark, trade secret, or other legal protection). Nothing in these Terms and Conditions is intended to grant or transfer any ownership interest in the Work Product. Customer obtains under these Terms and Conditions and the applicable SOW, upon payment in full, a non-exclusive, non- transferable, perpetual, royalty -free, license to use the Work Product for Customer's internal purposes only. Non -Solicitation. During the term of any SOW and for one (1) year thereafter, each Party and its Affiliates may not directly or indirectly solicit for employment, offer employment to, employ or engage as a consultant any individual who either is then employed or was employed within the preceding three (3) months by the other Party or any of the other Party's Affiliates ("Employing Entity") and who was in any way engaged in or involved with the provision of Services under such SOW unless and until such Party pays to the Employing Entity as liquidated damages and not as a penalty, an amount equal to the aggregate salary and wages (including bonus) paid by the Employing Entity to such individual during the six (6) months immediately preceding the date such individual is employed or engaged by such Party; provided that if such individual at the time he or she first discusses such employment or engagement with such Party is subject to or bound by any written employment agreement or non -competition covenant with the Employing Entity, this provision shall not authorize such Party to employ or engage such individual in violation of any such employment agreement or non -competition covenant or limit such Party's liability for damages in the event that such Party employs or engages such individual in violation thereof. Notwithstanding the foregoing, this provision shall not prohibit either Party from hiring any individual who initiates contact with such Party by responding to a general, non -targeted solicitation, such as a job posting in a mass publication or on a website. PAYMENT. Payment. Customer will pay in full the amount specified as due on each undisputed invoice, including without limitation sales taxes and any shipping charges, within the time period specified on such invoice ("Payment Timing"), measured from the date of issuance of such invoice, subject to continuing credit approval of Customer. Notwithstanding the foregoing, Payment Tinning is at Seller's sole discretion. Late Payment. In any event of Customer's failure to pay an undisputed amount due in accordance with these Terms and Conditions ("Payment Delinquency''), Seller has the right to charge and collect interest on such amount at the lesser of one -and -one-half percent (11/2%) per month, and the highest rate legally permitted ("Interest Charge") until paid in full. Customer also agrees to pay the Interest Charge on any disputed amounts that are withheld by Customer in good faith and that are determined to be properly due and owing to Seller, calculating from the thirty-first (31st) day after the date of issuance of the original invoice. Customer shall reimburse Seller for all reasonable expenses arising from collection of past due amounts and Interest Charges, including reasonable attorneys' fees, filing fees, arbitration costs and court costs. Seller has the right to suspend performance hereunder during any Payment Delinquency, and any schedule will be deemed extended for the duration of such Payment Delinquency. Financial Status. If at any time during the term of the Transaction Document there is a detrimental material change in Customer's financial status, as determined in Seller's sole discretion, Seller has the right to modify the Payment Timing or terminate any credit extended to Customer under these Terms and Conditions. In the event Customer does not remit payment in accordance with these Terms and Conditions or such modified Payment Tinning, Seller has the right immediately: (a) to stop all provision of Sales Offerings; and/or (b) to terminate any currently effective and not expired Transaction Document, Taxes. Customer agrees to pay all sales, use, transaction, excise, VAT or similar taxes and any Federal, state or local fees or charges ("Taxes") that may become due in connection with Customer's purchase of the Sales Offerings, except for taxes on Seller's income, assets, or net worth. In lieu thereof, Customer may provide to Seller a tax exemption certificate acceptable to Seller and the applicable taxing authority. Customer will reimburse Seller for all such Taxes paid by Seller for which Customer is responsible hereunder. Credits. Any credit that is issued to Customer for any reason and that is not used by Customer to purchase Sales Offerings within a period of two (2) years measured from the date of issuance shall expire. CONFIDENTIALITY. Purpose of Disclosure. Each Party ("Discloser") may disclose certain of its "Confidential Information" (meaning information that is owned or possessed by a Party, its Affiliates or its or their Personnel, that either is marked as "confidential" or "proprietary" or otherwise due to its nature reasonably would be deemed to be confidential, and that is disclosed to, or accessed by, the other Party) to the other Party ("Receiver"), and Receiver agrees that it will only use Discloser's Confidential Information for the purposes contemplated hereunder. Non -Confidential Information. No information disclosed hereunder will be considered Confidential Information to the extent such information: (a) is in the public domain through no fault of a receiving Party; (b) was in the possession of the receiving Party prior to such disclosure; (c) was independently developed by the receiving Party's Personnel with no prior access to such information; or (d) was rightfully received by a Party from a third party without breach of any obligation of confidence. Receiver Disclosures Permitted. Each Party, as Receiver, further agrees that it will only disclose Discloser's Confidential Information to Receiver's Personnel or financial, legal or business advisors who are themselves bound to obligations of confidentiality substantially consistent with those specified herein; provided that if Receiver is compelled to disclose Discloser's Confidential Information by law, rule, regulation or judicial, regulatory or other governmental authority, Receiver will provide Discloser with prompt Notice of any such compulsion, will provide the maximum allowable opportunity for Discloser to seek a protective order or measure to bar such disclosure, will disclose only the Confidential Information that is required to be disclosed, and will make reasonable efforts to ensure ,that such disclosed Confidential Information is protected to the fullest extent possible under the circumstances. Period of Confidentiality. Each Party, as Receiver, agrees: (i) that, for a period of three (3) years from the date of any disclosure of Discloser's Confidential Information, it will maintain the confidentiality of such Confidential Information in a manner that is at least as protective as Receiver maintains its own confidential information, and that in no event will be inconsistent with a standard of reasonable care; and (ii) that, upon Discloser's request, it will return or destroy any extant Confidential Information disclosed by Discloser. Injunctive Relief. In the event of Receiver's breach of these Terms -and Conditions, Discloser may suffer irreparable harm and have no adequate remedy at law. In such event, or when encountering risk of such event, Discloser shall be entitled, in addition to any and all other remedies, to seek injunctive relief, specific performance, and other equitable remedies without the need to prove monetary damages or the inadequacy of other remedies. DISCLAIMED WARRANTIES. EXCEPT ASSET FORTH HEREIN, AND SUBJECT TO APPLICABLE LAW, SELLER MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, CONDITIONS, COVENANTS, REPRESENTATIONS AND WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR REPRESENTATIONS RELATED TO ACCURACY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON -INFRINGEMENT, OR APPLICABILITY OF LAWS OR REGULATIONS ASSOCIATED WITH THE PRODUCTS OR THEIR MANUFACTURE OR PACKAGING, ARISING BY LAW, BY REASON OF CUSTOM, FROM USAGE IN THE TRADE, OR FROM COURSE OF PRIOR DEALING. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR ADVICE GIVEN BY SELLER OR SELLER'S AFFILIATE OR PERSONNEL SHALL NOT BE DEEMED TO CREATE OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES SET FORTH HEREIN AND THAT CUSTOMER SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SELLER FURTHER DISCLAIMS REPRESENTATIONS, WARRANTIES OR ASSURANCES THATTHE PRODUCTS ARE DESIGNED FOR, OR SUITABLE FOR USE IN: (A) ANY AIRCRAFT OR AUTOMOBILE, INCLUDING ANY SAFETY OR NAVIGATION DEVICES RELATED THERETO; (B) ANY LIFE SUPPORT OR OTHER HEALTHCARE DELIVERY SYSTEMS OR MEDICAL DEVICES; (C) ANY NUCLEAR FACILITIES; (D) ANY WEAPON SYSTEMS OR OTHER MILITARY OR POLICING DEVICES; OR (E) ANY OTHER HIGH RISK ENVIRONMENT OR MANNER THAT COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ("HIGH RISK USE"). CUSTOMER AGREES TO COMPLY WITH ANY MANUFACTURER REQUIREMENTS AND RESTRICTIONS AND TO ACCEPTANY MANUFACTURER DISCLAIMERS RELATED TO ANY HIGH RISK USE. CUSTOMER TAKES SOLE RESPONSIBILITY FOR, AND AGREES TO INDEMNIFY AND HOLD HARMLESS SELLER AND SELLER'S AFFILIATES AND PERSONNEL FROM ANY CLAIM ARISING FROM, CUSTOMER'S HIGH RISK USE. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES, OR ANY OF THEIR PERSONNEL EVER BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, MARKET, PROFITS, REVENUES, SAVINGS, OR GOODWILL) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE OTHERWISE FORESEEABLE AND REGARDLESS OF THE THEORY OF LIABILITY. THE MAXIMUM LIABILITY OF SELLER, ITS AFFILIATES AND ANY OF THEIR PERSONNEL HEREUNDER, ARISING FROM ANYTHEORY OF LIABILITY, WILL BE THE LESSER OF: (A) THE TOTAL AMOUNT PAID TO SELLER FOR THE SPECIFIC SALES OFFERINGS) GIVING RISE TO THE CLAIM; AND (B) TWENTY-FIVE THOUSAND DOLLARS ($2S,000). ARBITRATION. Any dispute that arises from or under these Terms and Conditions or the applicable Transaction Document or that relates directly or indirectly to the relationship between the Parties and that cannot be resolved amicably within thirty (30) days shall be resolved by binding arbitration before a single arbitrator in accordance with the then -current Commercial Arbitration Rules of the American Arbitration Association. Judgment on any award arising from such arbitration may be entered in any court of competent jurisdiction. Discovery may be performed according to the Federal Rules of Civil Procedure. The fees and expenses of the arbitration shall be borne equally by the Parties but may be awarded, together with reasonable attorneys' fees and expenses, to the prevailing Party (if any) in the informed discretion of the arbitrator. Notwithstanding anything to the contrary set forth herein, either Party may seek injunctive or other equitable relief at any time in federal or state court. The forum for any such arbitration and for any such court shall be located in King County, Washington. Customer agrees that it shall not join or lead any class of claimants pursuing any claim related to the subject matter of this Agreement or the Transaction Document. NOTICE. Any notice required or permitted under these Terms and Conditions shall be deemed valid and to have been duly given when: (i) delivered by hand with written confirmation of receipt; (ii) sent byfacsimile with written confirmation of receipt; or (iii) delivered by a nationally recognized overnight delivery service with package tracking ("Notice''). The address for Notice to Customer shall be either Customer's corporate headquarters or Customer's address set forth in the applicable Transaction Document; the address for Notice to Seller shall be as set forth below: Zones, LLC 110215th Street S.W., Suite 102 Auburn, WA 98001-6S09 Attn: Chief Financial Officer With a copy to: Zones, LLC 110215th Street S.W., Suite 102 Auburn, WA 98001-6509 Attn: Director, Contract Management TERM AND TERMINATION. Term. The "Term" (meaning the period of time during which, as applicable, the Transaction Document or this Agreement is in full force and effect) of each Transaction Document shall commence on the Agreement Effective Date. Both the Transaction Document and this Agreement shall expire upon the completion of the Parties' performance and payment obligations thereunder. Termination for Cause. Seller may terminate the Transaction Document and this Agreement immediately upon Notice if Customer: (a) terminates or suspends its business; (b) becomes insolvent; (c) becomes subject to any bankruptcy or insolvency proceeding under federal or state statute; (d) becomes subject to direct control by a trustee, receiver or similar authority; (e) has a controlling interest in its voting stock acquired by a third party; or (f) sells or transfers all or substantially all of its assets. Customer may terminate the Transaction Document and this Agreement immediately upon Notice if Seller: (i) terminates or suspends its business; (ii) becomes insolvent; (iii) becomes subject to any bankruptcy or insolvency proceeding under federal or state statute; or (iv) becomes subject to direct control by a trustee, receiver or similar authority. Seller may terminate the Transaction Document and/or this Agreement ten (10) days after Notice of a payment default and otherwise either Party may terminate the Transaction Document and/or this Agreement thirty (30) days after Notice of any material breach of an obligation under these Terms and Conditions (in either case, a "Notice Period"); provided that such breach is not cured within such Notice Period. Termination of Purchase Order for Convenience. Customer may cancel within three (3) business days after receipt by Seller any Purchase Order for Products: (a) that appear in Seller's currently published catalog; (b.) that were not modified according to Customer's specifications or request; and (c) that are not, in Seller's sole opinion, aged or out of use inventory. Any such cancellation shall not relieve Customer of its obligations to pay for all Products shipped, Product Support initiated, and Services performed hereunder. Seller may terminate any Executed Purchase Order for Products or Product Support that are not commercially available; Customer's sole remedy, and Seller's sole obligation with respect to such terminated Purchase Order is to refund Customer any amounts paid for such unavailable Products or Product Support. Termination of SOW for Convenience. Except as otherwise specified in the SOW, Seller may terminate the SOW for convenience upon fourteen (14) days' prior Notice to Customer. Effect of Termination of SOW. If the SOW is terminated for any reason, Customer agrees to pay Seller all fees due and to reimburse Seller for, authorized expenses incurred up to and including the effective date of termination. Conflict with SOW. In the event of a conflict between these Terms and Conditions and the terms and conditions of the SOW, these Terms and Conditions shall control; provided that any provision in the SOW that expressly states that it is intended to supersede a specified provision of these Terms and Conditions shall supersede solely with respect to such SOW. MISCELLANEOUS. Amendments. These Terms and Conditions may be amended only in a writing executed by authorized representatives of both Parties ("Amendment") Assignment. Seller may assign the Transaction Document, these Terms and Conditions, or any portion of its rights and responsibilities hereunder, including its right to receive payments, without Customer's consent. Customer may not assign the Transaction Document, these Terms and Conditions or any of its rights or responsibilities without Seller's prior written consent. Any attempted assignment other than as expressly authorized hereunder shall be void and of no force or effect. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their permitted successors, assigns, heirs and legal representatives. Attorney Fees and Expenses. Except as otherwise provided herein, in any claim or dispute under these Terms and Conditions, the prevailing Party will be entitled to an award by the arbitrators or the court, as applicable, of reasonable attorneys' fees and related out of pocket costs and disbursements. Counterparts. The Transaction Document and any Change Order may be executed in multiple counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same Transaction Document. Electronic Records. Customer hereby consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet. Entire Agreement. Subject to the control of any Separate Agreement, as set forth in the preamble of these Terms and Conditions, these Terms and Conditions, the Transaction Document and any amendments thereto together set forth the entire understanding of the Parties with respect to the subject matter hereof and thereof and supersede and replace in their entirety any and all other prior and contemporaneous agreements and understandings, whether oral, written or implied, if any, between the Parties with respect to the subject matter hereof. Force Majeure. Seller shall not be held liable, and shall not be deemed to have breached its obligations under these Terms and Conditions or the Transaction Document by reason of any delay or failure in performance caused in whole or in part by any circumstances beyond its reasonable control, including, without limitation, the following: accidents, fires, floods, severe weather, or other acts of God or nature; sabotage, riot, insurrection, war or other acts or threatened acts of violence or terrorism; embargoes, quarantine restrictions, changing laws or regulations or other government actions or requirements; carrier, labor or'supplier interruptions or stoppages, or other third party delays; equipment or network outages or failures ("Force Majeure Event"). In the event of Seller's delay or failure in performance due to a Force Majeure Event, Seller agrees to make commercially reasonable efforts to minimize the hindering effect of such Force Majeure Event and resume performance with commercially reasonable dispatch. Governing Law. The Transaction Document, these Terms and Conditions, and any disputes, litigation, arbitration or enforcements directly or indirectly related thereto shall be construed and interpreted in accordance with, and the rights of the Parties shall be governed by, the substantive laws of the State of Washington, without giving effect to any conflict -of -laws rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any Sale hereunder. Forum. The Parties hereby agree that any suit, legal claim, or other court action arising out of the Transaction Document or these Terms and Conditions shall be brought exclusively in either the Superior Court or Federal Court in King County, Washington, and both Parties consent and submit to the jurisdiction thereof and waive any rights to change venue. Headings. The headings stated in these Terms and Conditions are for convenience of reference only, shall not be deemed to be a part of these Terms and Conditions, and shall not have any bearing on the construction or interpretation hereof. Independent Contractors. Each Party is an independent contractor, not an employee or employer of the other Party, and not ajoint venture or partner with the other Party. Posted Descriptions. Any descriptions of Products, Product Support or Services displayed or posted other than in a Transaction Document, including without limitation on this or any other website or mobile application, are excluded from and do not constitute a part of this Agreement or, except as expressly specified in the Transaction Document, the Transaction Document. Preparation of Agreement. There will be no presumption against either Party on the ground that such Party was responsible for preparing all or any part of the Transaction Document or these Terms and Conditions. Sales Limitations. Seller reserves the right to prohibit sales to resellers or for any other reason and to limit the quantity of Products sold to Customer. Severability. If any provision of the Transaction Document or these Terms and Conditions or the application thereof is found to be invalid, illegal, or unenforceable, such finding shall not have any effect on any other provision of the Transaction Document or these Terms and Conditions, it being the intent and agreement of the Parties hereto that in the event of such finding, the Transaction Document or these Terms and Conditions shall be deemed amended either by modification of such provision to the extent necessary to render such provision valid, legal, and enforceable, while preserving its intent, or, if such modification is not possible, by substitution of such provision with another provision that is valid, legal, and enforceable and that achieves the same objective. Subcontracting. Seller may subcontract any of its rights or obligations hereunder, provided that notwithstanding such subcontracting, Seller shall remain fully obligated and responsible both for its and its subcontractors' performance hereunder Survival. In the event of the expiration or termination of the Transaction Document, those provisions whose nature, meaning or intent indicate an expectation of survival shall survive. Third Party Beneficiaries. These Terms and Conditions and the Transaction Document are not intended to benefit any party except the Parties. Waiver of Remedies. No delay or failure by either Party to exercise or enforce any right hereunder shall be considered a waiver of such right or of any other right under the Transaction Document or these Terms and Conditions. No claim may be asserted by either Party against the other Party with respect to any event, act, omission or otherwise that occurred more than one (1) year prior to the assertion of such claim. COPYRIGHT cc 2019 BY ZONES, LLC. THIS WEBSITE CONTAINS THE PROPRIETARY INFORMATION OF ZONES, LLC. IT IS PROTECTED BY STATE AND FEDERAL COPYRIGHT AND OTHER LAWS. ZONES, LLC, EXPRESSLY RESERVES ALL RIGHTS TO DISCLOSE REPRODUCE OR UTILIZE ITS CONTENT IN ANY MANNER, EXCEPT AS OTHERWISE AGREED IN WRITING BY ZONES, LLC. Posted O1/21/2019 Zones is a global solutions provider of end-Lo-end IT solutions v✓uh an unrrn.ched supply chain. Services and Solutions Cloud end Dnla Cent=_i Netd,orking Digit-il Woi ,placL SC'r.,11,iV . About Us vVhy Z_orc Greer C)ppoi .-nitLcs �o:por,)tc Social Responsibility Fircnur�g IT Management Tools .Commerce Solutions mvZores ZonesCloucl Commerce IntelliPla.n Who We Are Zonea. CLIi ure ZCincs T, Drn -\:,ards R Accolades IVe�n;si onm What We Do Zones Sarv:cc;s Lfecycle Maripgemenl Pemote Work& Solul on Digital -I ransformation Glohal Supply Chain as a Service Zorn,, Discove,v Services Soft are Digital Signage Maraged Print Solution_ aiei=sset ManagenienL Industries Public Sectoi Healthcaie Retail Brand Partners Fealurcd Er,nd Prr`ners Global Canada Europe India I--tPoie Newsroom and Media Press Releases Events, F6pluie Innovation Cente� Bloc Case SLuriies SOIu'_.ons Journal 1 hanks roi th- reconni-inn THECHANrNELCO. CRN 2021 THECHMNELCO. CRN. ■ 2022 Zones' Technology Solution Centers achieve new ISO certification. THECHAN HELM CRN. 2023 141 r,i� ie.IJS.T +s �%,. i•,•.eenIl . rr!rz.'ir ,rr 11; 5., :,I r 11 f .� ... •n:.i1 •n.,r:a .m +n -d In_ l *rS':ir N'D:ID01-2015fmauaktL Ins+i:ir`-Irtir t f eni_-fat F�nl�cr� trr= cc•.. rc ;Monsafvati,pur coirrmI;nIf,nt ,o yr �r7r1r_ry ticrlu ano fAi[4 •r: r I pzlicv -I fill -Irld C[)I1Cl' ir)n:= 1996 - 202- Zones, L L C ZONES' Bill To: CITY OF FEDERAL WAY 33325 8TH AVE. SOUTH Federal Way,WA 98003-6325 Phone : (253) 661-4028 REMIT PAYMENT TO: ZONES LLC PO Box 737040 DALLAS TX 75373-7040 10/25/2023 Ship To: Account # 0071027546 THOMAS FICHTNER Quote : K2141582 CITY OF FEDERAL WAY PO# : 33325 8TH AVE SOUTH FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only, call for verification PLEASE SEND PURCHASE Michelle Borland ORDERS DIRECTLY TO YOUR Account Manager ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # Qty. Mfr. Name Description Manufacturers Part # Unit Price Total 008620226-NEW 2 CISCO SYSTEMS Cisco Catalyst C8200-1 N-4T Router C8200-1 N-4T $1,879.85 $3,759.70 INC. 3YR SMARTNET SOLN SUP NBD 8X5 009818356-NEW 2 CISCO SYSTEMS CON-SSSNT- $1,633.21 $3,266.42 INC. SVCSCISCO CATALYST C8200 C82001 N4 008512283-NEW 2 CISCO SYSTEMS Cisco DNA Advantage On-Prem Lic 3Y - DNA-P-T2-A-3Y $5,889.14 $11,778.28 INC. upto 1G (Aggr, 2G) Non -returnable item 008549573-NEW 2 CISCO SYSTEMS Solution Support for SW - DNA Advantage SVS-PDNA-T2-A3Y $1,041.00 $2,082.00 INC. OnPrem Lic, T2, 3Y Non -returnable item 008349956-NEW 2 CISCO SYSTEMS Cisco Catalyst C8300-1 N 1 S-4T2X Router C8300-1 N 1 S-4T2X $6,365.14 $12,730.28 INC. 009817526-NEW 2 CISCO SYSTEMS SOLN SUPP 8X5XNBD Cisco Catalyst CON-SSSNT- $5,055.35 $10,110.70 INC. C8300 C8304T2X 008512283-NEW 2 CISCO SYSTEMS Cisco DNA Advantage On-Prem Lic 3Y- DNA-P-T2-A-3Y $5,889,14 $11,778.28 INC. upto I (Aggr, 2G) Non -returnable item 008549573-NEW 2 CISCO SYSTEMS Solution Support for SW - DNA Advantage SVS-PDNA-T2-A3Y $1,741.00 $3,482.00 INC. OnPrem Lic, T2, 3Y Non -returnable item 001204061-NEW 1 CISCO SYSTEMS Cisco ISR 4451 AX Bundle with APP and FL-44-PERF-K9 $1,526.14 $1,526.14 INC. SEC license Non -returnable item 006418557-NEW 4 CISCO SYSTEMS Catalyst 9200L 48-port POE+, 4 x 10G, C9200L-48P-4X-E $3,549.24 $14,196.96 INC Network Essentials ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 �\ CERTIFIED IN THE EVENT THAT YOU HAVE AN AGREEMENT ("AGREEMENT") IN PLACE WITH ZONES, LLC, THAT GOVERNS THE SALE ASSOCIATED HEREWITH, O IT NMBC SUCH AGREEMENT SHALL GOVERN; OTHERWISE THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED -AT MINORITY BUSINESS MWIONES.COMITERMSOFSAI `TERMS AND CONDITIONS"). $HALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS ENTERPRISE TERMS AND CONDITIONS, AS APPLICABLE, AND ZONES EXPRESSLY OBJECTS TO, DISCLAIMS, AND REJECTS T- by the NMSDC ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICATIONS. ZONES EXPRESSLY DISCLAIMS Member ALL EXPRESS AND IMPLIED WARRANTIES. WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOUI ZONES 10/25/2023 Bill To: Ship To: Account # 0071027546 CITY OF FEDERAL WAY THOMAS FICHTNER Quote: K2141582 33325 8TH AVE. SOUTH CITY OF FEDERAL WAY PO# : Federal Way,WA 98003-6325 33325 8TH AVE SOUTH Phone: (253) 661-4028 FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only, call for verification REMIT PAYMENT TO: PLEASE SEND PURCHASE Michelle Borland ZONES LLC ORDERS DIRECTLY TO YOUR Account Manager PO Box 737040 ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 DALLAS TX 75373-7040 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # Qty. Mfr. Name Description Manufacturers Part # Unit Price Total 007757314-NEW 4 CISCO SYSTEMS CCW ONLY SNTC-NCD CATALYST CON-SNC-C920OL4X $2,045.60 $8,182.40 INC. 9200L 48-PORT POE+ 4 X 1OG NE 006418982-NEW 4 CISCO SYSTEMS C9200L Cisco DNA Essentials, 48-port, 3 C920OL-DNA-E-48-3Y $476.89 $1,907.56 INC. Year Term license Non -returnable item 006440406-NEW 4 CISCO SYSTEMS Cisco Catalyst 9200L Stack Module C920OL-STACK-KIT= $575.61 $2,302.44 INC. 006418534-NEW 2 CISCO SYSTEMS Catalyst 9200L 48-port data, 4 x 1 OG C920OL-48T-4X-E $2,225.89 $4,451.78 INC. Network Essentials 009501829-NEW 21 CISCO SYSTEMS CCW ONLY SNTC-NCD CATALYST CON-SNC-C92OL4XE $1,339.27 $2,678.54 INC. 9200L 48PORT DATA 4XIOG NETW ESS 006418982-NEW 2 CISCO SYSTEMS C9200L Cisco DNA Essentials, 48-port, 3 C920OL-DNA-E-48-3Y $476,89 $953,78 INC. Year Term license Non -returnable item 006440406-NEW 2 CISCO SYSTEMS Cisco Catalyst 9200L Stack Module C920OL-STACK-KIT= $575.61 $1,151.22 INC. 009927787-NEW 2 CISCO SYSTEMS CATALYST 9500 48-PORT 25/100G ONLY, C9500-48Y4C-A $10,273.00 $20,546.00 r INC. ADVA 008507432-NEW 2 CISCO SYSTEMS SNTC-NCD Catalyst 9500 48-port x 1/10/25 CON-SNC-C9504YA4 $5,989.79 $11,979.58 INC. 005843722-NEW 2 CISCO SYSTEMS 650W AC Config 4 Power Supply front to C9K-PWR-650WAC- $955.79 $1,911.58 INC. I back cooling R/2 005116129-NEW 2 CISCO SYSTEMS Cisco Catalyst 9500 DNA Advantage 3 Year C9500-DNA-A-3Y $5,134.28 $10,268.56 INC. License Non -returnable item 004023050-NEW 41 CISCO SYSTEMS 10OGBASE SR4 QSFP Transceiver, MPO, QSFP-10OG-SR4-S $719.29 $2,877.16 INC. I 100m over OM4 MMF ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 CERTIFIED IN THE EVENT THAT YOU HAVE AN AGREEMENT ("AGREEMENT") IN PLACE WITH ZONES. LLC, THAT GOVERNS THE SALE ASSOCIATED HEREWITH, r• a, - NMBC SUCH AGREEMENT SHALL GOVERN; OTHERWISE THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT MINORITY BUSINESSBBB WWW ZONES.COM\TERMSOFSALE ('TERMS AND CONDITIONS"), SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS by the NPMSDC TERMS AND CONDITIONS, AS APPLICABLE, AND ZONES EXPRESSLY OBJECTS TO, DISCLAIMS, AND REJECTS T~ ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICATIONS. ZONES EXPRESSLY DISCLAIMS rr„n, ALL EXPRESS AND IMPLIED WARRANTIES. WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! ZONES' Bill To: CITY OF FEDERAL WAY 33325 8TH AVE. SOUTH Federal Way,WA 98003-6325 Phone : (253) 661-4028 REMIT PAYMENT TO: ZONES LLC PO Box 737040 DALLAS TX 75373-7040 10/25/2023 Ship To: Account # 0071027546 THOMAS FICHTNER Quote: K2141582 CITY OF FEDERAL WAY PO# : 33325 8TH AVE SOUTH FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid.for 7 business days Memory Prices are valid for 24 hours only, call for verification PLEASE SEND PURCHASE Michelle Borland ORDERS DIRECTLY TO YOUR Account Manager ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # qty. Mfr. Name Description Manufacturers Part # Unit Price Total 002961237-NEW 18 CISCO SYSTEMS 10GBASE-SR SFP Module, Enterprise- SFP-10G-SR-S $310.29 $5,585.22 INC. Class NVP #AR3227 Participating Addendum for WA #05819 ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 �\ CERTIFIED L1 as an NMBC MINORITY BUSINESS ENTERPRISE —,— by the NMSDC Member IN THE EVENT THAT YOU HAVE AN AGREEMENT ("AGREEMENT") IN PLACE WITH ZONES, LLC, THAT GOVERNS THE SALE ASSOCIATED HEREWITH, SUCH AGREEMENT SHALL GOVERN; OTHERWISE THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT WWW.ZONES.COM\TERMSOFSALE ("TERMS AND CONDITIONS"), SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS TERMS AND CONDITIONS, AS APPLICABLE. AND ZONES EXPRESSLY OBJECTS TO, DISCLAIMS, AND REJECTS ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICATIONS ZONES EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! ZONES- 10/25/2023 Bill To: Ship To: Account # 0071027546 CITY OF FEDERAL WAY THOMAS FICHTNER Quote : K2141582 33325 8TH AVE. SOUTH CITY OF FEDERAL WAY PO# : Federal Way,WA 98003-6325 33325 8TH AVE SOUTH Phone : (253) 661-4028 FEDERAL WAY, WA 98003 USA Software prices subject to change Hardware quotes are valid for 7 business days Memory Prices are valid for 24 hours only, call for verification REMIT PAYMENT TO: PLEASE SEND PURCHASE Michelle Borland ZONES LLC ORDERS DIRECTLY TO YOUR Account Manager PO Box 737040 ZONES LLC ACCOUNT MANAGER Phone:253-205-3765 DALLAS TX 75373-7040 VIA FAX OR EMAIL Email:michelle.stubbs@zones.com Item # Qt Mfr. Name Descri Lion Manufacturers Part # Unit Price Total ASK US ABOUT Installation Services On -site Technical Services and Hourly Service Rates Remote Help Desk and Remote Network OS Support Visit us on the web: http://www.zones.com ZONES LLC 1102 15th Street S.W. Suite 102 Auburn, USA 98001 Phone: (800) 419-9663 CERTIFIED 1� as an NMBC _ MINORITY BUSINESS ENTERPRISE by the NMSDC hlcmbcr Sub -Total: $149,506.58 Estimated Sales Tax: $15,100.16 FedEx Ground: $0.00 Grand Total: $164,606.74 FINANCING, LEASING AND SUBSCRIPTION OPTIONS AVAILABLE 1 CONTACT LEASING ZONES.COM FOR MORE INFORMATION 1 IN THE EVENT THAT YOU HAVE AN AGREEMENT ("AGREEMENT") IN PLACE WITH ZONES. LLC, THAT GOVERNS THE SALE ASSOCIATED HEREWITH, SUCH AGREEMENT SHALL GOVERN; OTHERWISE THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT WWW.ZONES.COM\TERMSOFSALE ("TERMS AND CONDITIONS"). SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS TERMS AND CONDITIONS, AS APPLICABLE, AND ZONES EXPRESSLY OBJECTS TO, DISCLAIMS, AND REJECTS ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICATIONS. ZONES EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! COUNCIL MEETING DATE: December 05, 2023 ITEM #: 7d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARPA BUSINESS RESILIENCY PROGRAM POLICY QUESTION: Should the City of Federal Way use ARPA funds for a Business Resiliency Program that includes: the purchase of two additional mobile surveillance units (MST) and administration of a business broken window grant program? COMMITTEE: FEDRAC MEETING DATE: NOVEMBER 28, 2023 CATEGORY: ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: TANJA CARTER DEPT: ECONOMIC DEVELOPMENT Attachments: 1. Staff Report 2. Attachments: Proposal for Evergreen Business Capital Community Finance to Administrator the Broken Windows Fund Grants Program Options Considered: 1. Approve the proposed Business Resiliency Program. 2. Do not approve proposed Business Resiliency Program and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: %IDIRECTOR APPROVAL:6� Corn ttec Councilh14, Al2. Initial'dale COMMITTEE RECOMMENDATION: "I move to forward the proposed ARPA Business Resiliency Program to the December 05, 2023 w*9omt agenda for approval. " Busies Chair Co ttee Member mini ee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed ARPA Business Resiliency Program. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 11/30/2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Tanja Carter, Economic Development Director SUBJECT: Update ARPA Business Resiliency Program Financial Impacts: The cost to the City for the Business Resiliency Program was included within the approved budget under the Economic Development Department proposed American Rescue Plan Act (ARPA) funding. In accordance with the approved budget, this item is funded by a grant from the American Rescue Plan Act (ARPA) in the amount of $220,000. Per motion at the November 28t', 2023 Finance, Economic Development, Regional Affairs Committee (FEDRAC) the entire ARPA fund, $220,000 will be allocated solely to the MST Program. Back,around Information: The City of Federal Way has 3,000+ licensed businesses who help create a sense ofplace and contribute to work force possibilities and a thriving economy. These businesses have struggled in recent years and continue to do so as a result of theft and vandalism., The goal of the Business Resiliency Program is to: address numerous, consistent and specific business requests for more MST's. MST Prop_ram At the November 28, 2023 FEDRAC committee meeting, Economic Developments presented a two-part Business Resiliency Program. Committee motioned that a more effective course of action is to address the requests from Federal Way business owners for more MST's instead of splitting the fund between the Broken Window Fund and the MST Program. The updated Business Resiliency Program will therefore include purchasing 4 additional MST's and a small maintenance fund. Economic Development has collaborated with the Police Department to create an organized program for business and property owner's city wide. Businesses can avail of the MST's at no charge on a rotating basis. Businesses simply sign up for a rotation through the Police Department and the MST's will be delivered and picked up according to the schedule. Program Start Date The MST program would start as soon as funds are allocated and units are purchased. Rev. 7/18 CITY OF FEDERAL WAY MEMORANDUM DATE: 11/15/2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Tanja Carter, Economic Development Director SUBJECT: ARPA Business Resiliency Program Financial Impacts: The cost to the City for the Business Resiliency Program was included within the approved budget under the Economic Development Department proposed American Rescue Plan Act (ARPA) funding. In accordance with the approved budget, this item is funded by a grant from the American Rescue Plan Act (ARPA) in the amount of $220,000. ($100,000 Broken Window fund + $120,000 Mobile Surveillance Trailer (MST)). Background Information: The City of Federal Way has 3,000+ licensed businesses who help create a sense of place and contribute to work force possibilities and a thriving economy. These businesses have struggled in recent years and continue to do so as a result of theft and vandalism. The goal of the two-part Business Resiliency Program is to: address numerous, consistent and specific business requests for more MST's, and to follow Council guidance in creating a business broken window fund which is similar to neighboring large Western Washington cities. MST Program The two MST's funded with ARPA funding will be added to the four existing Police Department MST's. These 6 MST's will then be circulated on a biweekly basis to the properties who request them and are most regularly impacted by crime. Economic Development has collaborated with the Police Department to create an organized program which Economic Development will promote to business owners and property owner's city wide. The businesses can avail of the MST's at no charge on a rotating basis. Businesses simply sign up for a rotation through the Police Department and the MST's will be delivered and picked up according to the schedule. Business Broken Window Fund The city will partner with Evergreen Business Capital who will administer the Business Rev. 7/18 Broken Window Fund (BBWF). Evergreen Business Capital Community Finance is a non-profit company that was created for the purpose of providing small business loans for the communities they serve. As an affiliate of Evergreen Business Capital, EBCCF was specifically created to serve as a mission -based lender that specializes in Community Advantage loans and functions as a certified development financing institution. Since EBC's founding in 1980, they have provided financing solutions that lower barriers to commercial real estate ownership and boost economic development. In conjunction with the Small Business Administration (SBA), Evergreen has helped small businesses create more than 37,000 jobs and make more than $2 billion in capital improvements, by providing loans totaling upward of $800 million. Evergreen is the largest Community Development Corporation (CDC) in the Pacific Northwest and is actively involved with industry affairs and other organizations aimed at improving economic vitality in Northwest communities. Based of Evergreen's extensive grant administration experience as well as information provided by other large cities, the program is anticipated to run for roughly 9 months. During that time, Evergreen will provide the following: ■ Coordinate with the City on how to communicate the grant opportunity to businesses ■ Finalize parameters of business eligibility based on other programs in King and Pierce County cities ■ Design and implement secure and Federal Way branded web grant application portal ■ Vet all business applications per requirements ■ Provide technical assistance to businesses who apply • Notify businesses of approval or denial with reasons provided • Provide tax documentation to successful applicant as required by law • Reimburse businesses who apply online and qualify for the grant • Monitor funds to ensure no overdraft • Upon completion: analyze applicant data, provide a summary report on impact, present findings to Council if desired, and provide a financial closeout of grants awarded The goal of the BBWF program is to distribute the entire grant amount within 12 months. Anecdotally however, the cities that Economic Development discussed their programs with were only able to distribute approximately 40-60% of their total grant program funding within a similar period due to business disqualifications such as: no business license, no proof of broken windows, no response to outreach, no required documentation provided and other various reasons. Pro rani Start Date The MST program would start as soon as funds are allocated and units are purchased. The BBWF would start upon contract execution with Evergreen. Rev. 7/18 AA;tEVERGREEN BUSINESS CAPITAL ,COMMUNITY FINANCE Impact Loan Programs for Small Businesses Proposal for Evergreen Business Capital Community Finance to Administrator the Broken Windows Fund Grants Program November 2, 2023 Evergreen Business Capital Community Finance, a 501(c)(3) nonprofit headquartered in Seattle, Washington proposes to administerthe Broken Windows grants program to eligible small businesses located within the City of Federal Way. We anticipate this program to have a duration of nine months including contract negotiation and post -program data analysis and reporting. Evergreen Deliverables: ➢ Phase one (45 days): Pre -work prior to small business outreach o Evergreen will execute a contract with the City of Federal Way o Evergreen's marketing and community engagement team will work with the City of Federal Way's communication team to establish community outreach strategies and execution plan targeting small businesses within the city. o This will include: ■ Finalizing the parameters for eligibility for the program ■ Designing and implementing a branded web presence — including a landing page with eligibility requirements, a link to complete the application, and demographic data collection. ■ Seeking approval for communications templates for communications with applicants • Confirming "go live" date and schedule. o Fees: $10,500 ➢ Phase Two (180 days): o Applicants may begin to apply online for the Broken Windows Grant Program. o Evergreen staff will promptly reach out to the small businesses asking for them to upload the www.ebccf.org 13925 Interurban Ave S, Suite 100, Seattle, WA 98169 toll free 800.878.6613 phone 206.622.3731 required documents to a secure portal. o Evergreen will provide technical assistance that facilitates the application process for applicants requiring support. o In addition to the documents required by the City of Federal Way, Evergreen will require a signed W9 form and an ACH authorization form. o Documents will be retained in a password -protected file for the duration outlined in the executed City of Federal Way contract. o Evergreen will notify the applicant and the City of Federal Way point of contact on the day of the ACH deposit. o Evergreen will carefully monitor the funds available to ensure they are not oversubscribed. o Fees: $17,500 ➢ Phase Three (30-45 days): Wrap-up o Evergreen will provide tax documentation to successful applicants as required by law. o Evergreen will analyze impact data collected from funded applicants. o Evergreen will provide presentation -quality reports summarizing program impact. o Evergreen will offer to present the findings to the Council either virtually or in person, as desired. o Evergreen will provide a financial closeout of grants awarded. o Evergreen will not provide a detailed report on use of fees. o Fees: $0 (in -kind contribution) ➢ Caveats: o Evergreen will require timely provision of several items from the City of Federal Way to include logo files, an FAQ list, a point of contact, and others. o Evergreen will require a commitment that the City of Federal Way will share responsibility for marketing and community outreach. o Evergreen fees are payable upon execution of a contract between Evergreen and the City of Federal Way and 10 days prior to the start of each phase of the agreed upon Scope of Work and Workplan Total fees: $30,000 The Evergreen Point of Contact for this program is: Theresa Smith Vice President, CDFI and Impact Manager Th e resa, sm i t h@ eve rgre e n504.co m 253.583.6064 COUNCIL MEETING DATE: December 5, 2023 ITEM #: 7e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NORTH LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the North Lake Management District Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public'Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The North Lake Management District Advisory Committee is comprised of five (5) lake residents/property owners, one representative of the Department of Fish and Wildlife, and one representative of properties formerly owned by the Weyerhaeuser Corporation. Per City of Federal Way Resolution Number 20- 778, these members are appointed by the City Council to serve two-year terms. There are currently three (3) vacant voting positions for lake residents/property owners due to term expirations. At their December 5, 2023 Special Meeting the Council interviewed two (2) applicants seeking reappointment (Terry Thomas II and Mary McClellan Aronen) and two (2) new applicants (Lori Sechrist and Brian Honey). Options Considered: 1. M ake appointments to the North Lake Mana etrlent I)Istrict ACIVISMY Uommittee as rollows: Name Position Term 1. Voting Member Expires 03/31/2025 2. Voting Member Expires 03/31/2025 3. Voting,Member Expires 03/31/2025 2. Direct the City Clerk to advertise for additional applicants for the NLMDAC. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date N/A DIRECTOR APPROVAL: i% ?A 7 Council Initiamale Initial/Date PROPOSED COUNCIL MOTION: "I move the following appointments to the North Lake Management District Advisory Committee... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 04/2019 RESOLUTION # COUNCIL MEETING DATE: December 5, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: STEEL LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Steel Lake Management District Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT By: Stephanie Courtney,_City Clerk _ DEPT: City Clerk 7f Background: The Steel Lake Management District Advisory Committee is comprised of four (4) lake residents/property owners, one multi -family property representative, one city representative, and one Department of Fish and Wildlife representative. Per City of Federal Way Resolution Number 23-848, these members are appointed by the City Council to serve two-year terms. There are currently four (4) vacant voting positions for lake residents/property owners due to term expirations. At their December 5, 2023 Special Meeting the Council interviewed two (2) applicants seeking reappointment (Margaret Reyhner and Jeremy Benson) and six (6) new applicants (Bruce Myers, Tabitha Smith, Kenneth Stark, Erin Scannell, Martese Monroe, and Melissa Hamilton). Options Considered: 1. Make appointments to the Steel Lake Management District Advisory Committee as follows: Name E Position Term 1. Voting Member Expires 12/31/2025 2. Voting Member Expires 12/31/2025 3, Voting Member Ex ires 12/31/2025 4. VotingMember Expires 12/31/2025 2. Direct the City Clerk to advertise for additional applicants for the SLMDAC. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: Committee Council InuialOwe Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move the following appointments to the Steel Lake Management District Advisory Committee... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 04/2019 RESOLUTION # COUNCIL MEETING DATE: December 5, 2023 ITEM #: " g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DIVERSITY COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Diversity Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: _Stephanie Courtney, City Clerk DEPT:_CitV Clerk Background: The Diversity Commission is comprised of nine (9) voting members appointed by and alternates as determined by the City Council to serve three-year terms (per FVWRC 2.65.030). There are currently three (3) vacant voting positions and three (3) applications were received in response to the City Clerks Department recruitment process. Two of these applications were for current alternate members seeking an appointment to a voting position. At .their December 5, 2023 Special Meeting the Council interviewed two (2) current alternate members seeking appointments to voting positions (Sandia Abdullah and Chika Onyejiaka) and one (1) new applicant (Gwendolyn Phillips -Coates) seeking appointment to the Diversity Commission. Options Considered: 1. Appoint the following applicants to the Diversity Commission with terms as follows: Pos Name Type Position Term lxpirgs 2 11. Voting Member 05/31/2025 4 2. Voting Member 05/31/2025 8 3. Voting Member f 05/31/2026 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: _ N/A _ Committee Initial/Date N/A DIRECTOR APPROVAL: 1\`iAIla Council initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2016 RESOLUTION 9 COUNCIL MEETING DATE: December 5, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INDEPENDENT SALARY COMMISSION CONFIRMATION ITEM #• I POLICY QUESTION: Should the City Council confirm the Mayor's appointments to the Independent Salary Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney City Clerk DEPT: Mayor's Office Background: The Independent Salary Commission is comprised of five voting members that serve four-year terms, with a maximum of two terms. There are also two alternate positions. Per FWRC 2.80.030(3) members of this commission are appointed by the Mayor and confirmed by the City Council. There are currently two (2) open voting positions due to term expiration. Mayor Ferrell interviewed Roger Flygare, Kenny Byrne, and Gordon Bock and has recommended the appointments as follows: Options Considered: 1. Confirm the Mayor's recommended appointments to the Independent Salary Commission: Name Position Tye Position Term Expiration Roger Flygare Voting #3 02/28/2027 Kenny Byrne Voting #4 02/28/2027 Gordon Bock Alternate. N/A 02/28/2026 2. Direct the City Clerk to advertise for additional applicants for the Independent Salary Commission. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A I CITY CLERK APPROVAL: Committee ' Couit I Initial/Date lnitiall ale COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to confirm the Mayor's appointments to the Independent Salary Commission... " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # _ ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # Item added 12/05/2023 COUNCIL MEETING DATE: December 5, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: REQUEST FOR AUTHORIZATION TO APPLY FOR KING COUNTY SHELTER GRANT 7i POLICY QUESTION: Should City Council authorize staff to submit an application to King County for shelter grant funding? COMMITTEE: n/a MEETING DATE: n/a CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven & Sarah Bridgeford DEPT: Community Development Attachments: 1. Staff Report Options Considered: 1. Authorize staff to apply for the King County Grant. 2. Do not authorize staff to apply for the King County Grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: n/a Committee InitiaUDate COMMITTEE RECOMMENDATION: n/a. n/a DIRECTOR APPROVAL: f O 12.5.23 InitiaUDate n/a Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to apply for the King County Shelter grant funding. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Sarah Bridgeford, Community Services Manager SUBJECT: Request for Authorization to Apply for King County Shelter Grant Financial Irngacts: This grant requires no matching funds from the City. This item was not included within the approved budget. If the grant application is approved, it will be funded by a grant from King County. Upon completion the grant, future costs will be minimal and due to ongoing costs associated with compliance and will be covered with existing staffing. Backp-round Information: On December 4, 2023, King County released a grant application for shelter funding for south King County cities. The grant opportunity provides $5,000,000 for shelter projects in south King County. The funding is made available as part of King County's Coronavirus Local Fiscal Recovery Funding from the American Rescue Plan Act. First review of applications will be in early January 2024. Due to the time sensitive nature and wanting to ensure that a potential application would be timely, competitive, and included in first review, Council authorization is being sought to apply for the funds in support of the FUSION family shelter. FUSION operates the family shelter located in Federal Way. FUSION anticipates an operations budget gap of $250,000 in 2024 with similar gaps in 2025 and 2026. This funding would fill that gap allowing FUSION time to seek additional funding for future years. While full scope of the eligible activities is unclear, FUSION would also like consideration for move in assistance for families exiting shelter to permanent housing and a peer navigator for families who have exited in order to increase their potential for success. If this is determined to be eligible, it would be included in the application. Rev. 7/18 8 COUNCIL MEETING DATE: December 5, 2023 ITEM #: a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: UPDATE TO INDEMNIFICATION POLICY POLICY QUESTION: Should the City Council update the indemnification section of the FWRC to more accurately reflect current practices? COMMITTEE: FEDRAC MEETING DATE: November 28, 2023 CATEGORY: ❑ Consent Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Calf, City Attorney DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: �-Z<74 (/ DIRECTOR APPROVAL: Uc, ( 2 1 Z ■ Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to first reading on December 5, 2023. Committee Chair Committee Member I dbmtAittee Member PROPOSED COUNCIL MOTIONS: FIRST READING OF ORDINANCE (DECEMBER 5, 2023): "I move to forward the proposed ordinance to the December 19, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (DECEMBER 19, 2023): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # cbf l CITY OF FEDERAL WAY MEMORANDUM DATE: October 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ryan Call, City Attorney -?4ZC_, LlVAII3 SUBJECT: Update to Indemnification Policy Financial Impacts: The intent of this update is to change the Federal Way Revised Code ("FWRC") to reflect long-standing practice at the City to indemnify employees and officials for their official acts done within the scope of their employment. The change also expressly expands legal representation for employees in other proceedings that are neither criminal or civil tort proceedings, but require legal representation (coroner's inquests, certification hearings, etc.). Because this update is meant to update the FWRC to reflect actual practice, there should be no new financial impacts to the City as a result of passing these updates. Background Information: Protecting employees from personal liability for conducting City business is an important part of recruiting and retaining qualified employees. The City Council passed the current indemnification language in 1989. The language was largely unaltered boilerplate language used in several jurisdictions at the time the City incorporated. Some of the language has been interpreted or not followed over the years. The intent is to update the code to reflect long-standing practice. It also expressly authorizes staff to expend public funds to defend non-tortious legal proceedings such as coroner's inquests. The changes proposed include: - Including volunteers in the indemnification coverage - Expressly including an employee's spouse when the marital community is implicated in a lawsuit - Authorizing the city attorney to use outside litigation counsel when appropriate - Creates a presumption that an official act is within the scope of employment and will be defended, and creates a process for council to decide that an act was not within the scope of employment and therefore will not be indemnified when acts are dishonest, fraudulent, criminal or malicious, not done on behalf of the City, or is a legal action against the City by an employee. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to indemnification of city officials and employees; amending FWRC 2.05.030, 2.05.040, 2.05.050, 2.05.060, 2.05.070, 2.05.090, 2.05.100, and 2.05.120. (Amending Ordinance Nos. 89-05, 09-600,10-666 and 10-669.) WHEREAS, one of the first acts of the City upon incorporation was to define those circumstances where city officials and employees will be indemnified by the City for acts or omissions committed as part of an employee's official duties; and WHEREAS, defending employees from claims arising from their work for the City continues to be a vital part of employee retention and responsible governance; and WHEREAS, it is appropriate to update the Federal Way Revised Code to address changes in the types of legal proceedings now occurring as well as changes to the City's current organizational structure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.05.030 is hereby amended to read as follows: The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Official" means any person who is serving or has served as an elected or appointed city official, or officer, and any person who is serving or has served as an appointed member of any city board, commission, committee or other appointed position with the city. "Appointed" means a person formally appointed by the city council or as authorized by state law or city ordinance. "Employee " means any person who is or has been employed in the service of the cites Ordinance No. 23- Page 1 of 8 "Volunteer" means any person who serves or has served the city without pa under the explicit authorization and direction of a city department. Section 2. FWRC 2.05.040 is hereby amended to read as follows: (1) As a eeaditieirpAg-of service or employment the city shall provide to an official or employee, and any spouse of an official or employee to the extent that the marital community_is implicated, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representation as may be reasonably necessary to defend a claim, e —lawsuit. or other legal proceeding requiring_ legal representation filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the city in their capacity as a city official or employee, which act or omission is within the scope of their service or employment with the city. This chapter is subject to repeal or modification at the sole discretion of the city council; provided, that such repeal or modification shall apply prospectively only, and shall have no effect upon the obligation to indemnify for defend against any claim ,•that is based, in whole or in part, upon any act or omission of an official occurring prior to the effective date of the repeal or modification. (2) The legal services shall be provided by the office of the city attorney, and may include legal services provided by contract with outside legal counsel as determined to be necessary by the cit attorney. wiless- (3) In the event that outside counsel is retained. ' "'-' e f this seet ,~, the city Ordinance No. 23- Page 2 of 8 shall indemnify official or the employee from the reasonable costs of defense; provided, that in no event shall the officer or employee be indemnified for attorney's fees in excess of the hourly rates established by the city's contract with the attorney selected by the city or its insurer. The officer or employee shall be liable for all hourly charges in excess of such rate. (4) The city will provide the same legal representation, subject to the same conditions, to volunteers of the city as described in this chapter for officials and employees. Section 3. FWRC 2.05.050 is hereby amended to read as follows: (1) In no event shall protection be offered under this chapter by the city to: (a) Any dishonest, fraudulent, criminal, wilfal, iena"r malicious act or course of conduct of an official or employee; (b) Any act or course of conduct of an official or employee which is not performed on behalf of the city; (c) Any act or course of conduct which is outside the scope of an official's or employee's service or employment with the city; or (d) Any lawsuit brought against an official or employee by or on behalf of the city. (2) Nothing in this section shall be construed to waive or impair the right of the city eeuneil-to institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee. (3) , ..,.,,.,nos under the term- of any yalid insufanee pefie5,3 Where any accident or occurrence results from an official or employee's use of a privately owned vehicle and where that accident or in'ur Ordinance No. 23- Page 3 of 8 occurred within the scope of their employment, but not during regular commuting to and from the workplace, the city will indemnify such losses rovided, that this chapter shall provide protection subjeet to its terms and "imi}a*��„ciens, o nly above any loss limit of an insurance-stieeh policy maintained by the official or em to ee subject to the terms and limitations of said insurance on licy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The city shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this chapter. Section 4. FWRC 2.05.060 is hereby amended to read as follows: The det........:..4ie e f -whether Claims lawsuits and other legal roceedin s predicated u on the official acts of em la ees or officials will be presumed to be within the scope of their employment and covered by this chapter unless the city council declares otherwise. Upon the recommendation by the mayor that an official or employee shall -should not be afforded a defense by the city under the terms of this chapter, shall be „ ade+=-the city council en the r .,dati,.... of the m ma deny an em to ee or official the protections of this cha ter when such a denial is consistent with the terms of this chapter. The decision of the city council shall be final as a legislative determination and shall be based upon a finding that the claim or suit against an official or employee meets or does not meet the criteria of this chapter. Nothing in this section shall preclude the city from undertaking an officer or employee's defense under a reservation of rights. The determination as to whether -to fia:n�eny a defense as provided under this chapter to a member or members of the city council shall be made without the vote of such member of the city council unless the inclusion of such member or members is required for a quorum; provided, that if a claim Ordinance No. 23- Page 4 of 8 or lawsuit affects a quorum or greater number of the members of the city council, all such affected members shall retain their voting privileges under this section. Section 5. FWRC 2.05.070 is hereby amended to read as follows: The provisions of this chapter shall apply only when the following conditions are met: (1) In the event of any incident or course of conduct potentially giving rise to a claim for damage, . or the commencement of a suit, the official or employee involved shall, as soon as practicable, give their supervisor or their supervisor or the city attorney written notice thereof, identifying the official or employee involved, all information known to the official or employee involved, all information, known to the official or employee with respect to the date, time, place and circumstances surrounding the incident or conduct giving rise to the claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses. (2) Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the city attorney, and shall cooperate with the city attorney or an attorney designated by the city, and, upon request, assist in making settlement of any suit and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from such incident or course of conduct, including, but not limited to, rights of recovery for costs and attorneys' fees arising out of state or federal statute upon a determination that the suit brought is frivolous in nature. (3) Such official or employee shall attend interviews, depositions, hearings -and or trials and shall assist in securing and giving evidence and obtaining attendance of witnesses all without any Ordinance No. 23- Page 5 of 8 additional compensation to the official or employee and, if an employee has left the employ of the city, no fee or compensation shall be provided a former official or employee for time _spent assisting in defense of the claim or suit. (4) Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to such claim or suit; other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss or damage. Section 6. FWRC 2.05.090 is hereby amended to read as follows: If any official or employee fails or refuses to comply with any of the conditions of x NAARG105.060 5.960 this chapter, or elects to provide his or her own representation with respect to any such claim or litigation, all of the provisions for indemnification in this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation. Section 7. FWRC 2.05.100 is hereby amended to read as follows: (1) If the city determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, the city shall pay any judgment rendered against the official or employee and reasonable attorney's fees incurred in defending against the claim. The city shall pay any costs and reasonable attorney's fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter. Provided, if a court of competent jurisdiction determines that such claim does not come within the provisions of this chapter, the official or employee shall pay the city's costs and reasonable attorney's fees incurred in obtaining the determination that such claim is not covered under the provisions of this chapter. (2) If the city determines that a claim against a city official or employee does come within the Ordinance No. 23- Page 6 of 8 provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, the city shall be reimbursed by the eMJo ey e or official for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter. Section 8. FWRC 2.05.120 is hereby amended to read as follows: The provisions of this chapter shall apply to any claim, lawsuit, or other legal proceeding against an official or employee pending on November 28, 1989, without regard to the date of the events or circumstances which are the basis of such claim or lawsuit. Section 9. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 10. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 11. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 23-. Page 7 of 8 Section 12. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of ,20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 8 of 8 8b COUNCIL MEETING DATE: November 21, 2023 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2023 ANNUAL COMPREHENSIVE PLAN AMENDMENTS POLICY QUESTION: Should City Council approve the proposed comprehensive plan text and map amendments? COMMITTEE: Land Use & Transportation MEETING DATE: November 6, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chaney Skadsen, Senior Planner DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance 3. Exhibits Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEN ION: Option 1. MAYOR APPROVAL: 'PA > O a DIRECTOR APPROVAL: 10/27/23 ' Ca ittee Cau it Initial/Date Initiai'Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to first reading on November 21, 2023. C mittee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (NOVEMBER 21, 2023): `1 move to forward the proposed ordinance to the November 21, 2023 Council Meetingfor second reading and enactment. " SECOND READING OF ORDINANCE (DECEMBER 5, 2023): "I move approval of the proposed ordinance. " TO BE COMPLETED BY CITY CLERK'S COUNCIL ACTION: ❑ APPROVED ❑ DENIED TABLEDIDEFERREDINO ACTION MOVED TO SECOND READING (ordinances only) EVISED-11/2019 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # I CITY OF FEDERAL WAY MEMORANDUM DATE October 27, 2023 TO: Land Use & Transportation Committee FROM: Keith Niven, Community Development Director Chaney Skadsen, Senior Planner SUBJECT: 2023 Annual Comprehensive Plan Amendments I. Financial Impacts There is no cost to the City for adopting the proposed comprehensive plan amendments; all time spent implementing the permitting aspects of the ordinance will be subsumed by existing staff. IL Backl4round Pursuant to RCW 3 6.70A. 13 0(5)(a), the City of Federal Way must update its comprehensive plan every ten years. The deadline for the next major update is December 31, 2024. However, per Federal Way Revised Code (FWRC) 19.80.050, the City has elected to review city -initiated changes to chapters and maps of the comprehensive plan as part of the annual amendment process. Federal Way adopted its comprehensive plan in 1995 and updated it in December 1998, December 2000, November 2001, March 2003, July 2004, June 2005, July 2007, June 2009, October 2010, January 2011, January 2013, June 2015, January 2018, April 2019, October 2022, April 2023, July 2023, and September 2023. The Growth Management Act (GMA, RCW 3 6.70A. 13 0(2)(a)) limits plan updates to no more than once per year, except under limited circumstances identified in the statute. Therefore, generally the governing body must consider all proposals concurrently, so the cumulative effect of the various proposals can be ascertained. III. Procedural Summary Comprehensive Plan Amendment Process June 2, 2023: Issuance of Determination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) for comprehensive plan amendments to text, goals, policies, and maps to re -designation and rezone of Hillside Plaza and TC-3, and designate a Downtown Architectural Overlay. June 16, 2023: End of SEPA comment period related to comprehensive plan amendments to text, goals, policies, and maps to re -designation and rezone of Hillside Plaza and TC-3, and designate a Downtown Architectural Overlay. July 7, 2023: End of SEPA appeal period related to comprehensive plan amendments to text, goals, policies, and maps to re -designation and rezone of Hillside Plaza and TC-3, and designate a Downtown Architectural Overlay. June 18, 2023: The City's SEPA Responsible Official issued an addendum to the SEPA decision to include additional amendments to comprehensive plan text related to TC-3 Redevelopment Plan. July 19, 2023: Planning Commission Briefing Meeting September 8, 2023: The City's SEPA Responsible Official issued a Determination of Nonsignificance for the proposed S 320th Street comprehensive plan amendments. September 15, 2023: Notice of Planning Commission Public Hearing September 22, 2023: End of SEPA comment period related to the proposed S 320th Street comprehensive plan amendments. October 4, 2023: Public Hearing before the Planning Commission October 6, 2023: End of SEPA appeal period related to the proposed S 320th Street comprehensive plan amendments. November 6, 2023: LUTC Council Committee November 21, 2023: December 5, 2023 City Council 1st Reading City Council 2nd Reading IV. Comprehensive Plan Amendments This annual update includes the following amendments to the comprehensive plan: 1. Amendments to the text, goals, and policies pertaining to the City Center, Downtown, TC- 3 Redevelopment Plan, and Commercial Enterprise zone; 2. Designation of a Downtown Architectural Overlay; 3. Change to comprehensive plan designation and zoning of approximately 20 acres located north of S 316th Street between Pete von Reichbauer Way S and 23rd Ave S, parcel numbers 092104-9053 (Hillside Plaza), 857500-0010, 857500-0020, and 092104-9017 (TC-3, city owned property) from City Center Frame (CC-F) to City Center Core (CC-C); and 4. Change to comprehensive plan designation and zoning of approximately 19.05 acres of property owned by KC Fire Protection District 39 (South King Fire & Rescue) located on the north side of S 320th Street, east of I-5, parcels 551560-0005, 551560-0010, 551560- October 27, 2023 Page 2 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments 0015, 551560-0020, 551560-0025, 551560-0026, 551560-0030, 551560-0035, 551560- 0090, and 551560-0091 from Multi -Family (RM2400) to Commercial Enterprise (CE). The above listed comprehensive plan amendments amend the Land Use, Economic Development, and City Center Chapters of the Comprehensive Plan as follows: A. Chapter 2 Land Use: The proposed map amendments to the Comprehensive Plan Designation Map and Zoning Map effectuate the change in designation and rezone TC-3 and Hillside Plaza from CC-F to CC-C, designate a Downtown Architectural Overlay and re -designate and rezone the South King Fire & Rescue property from RM2400 to CE. The proposed text amendment to Land Use Policy 38 relates to the South King Fire & Rescue re -designation and rezone. i. ,Amend Map II-1 — Comprehensive Plan Designation Map ii. Amend Map II-2 — Official Zoning Map iii. LUP 38 Do not allow heavy industrial uses on properties that adjoin low or moderate densily residential zones. B. Chapter 4 Economic Development: The proposed text amendments relate to the TC-3 Redevelopment Plan and is responsive to changes in market demand and removes potential barriers. i. Amend text in Institutional, Educational, Cultural, Recreational Development and Tourism section: "The City is also in the planning stages for a 700-seat, 44,000 square foot Preforming Arts and Events Center (PAEC) and potential associated hotel, which will be built in the City Center. " (Page IV-13) ii. Amend text in The City's Role in the Economic Life of a Community section: For example, the City has acquired 17 acres in the downtown and will be embarking on developing a Town Center, which hieh4esfew- eenwenents including but not limited to, the {ollowirapatential components (See additional discussion in Chapter 7, City Center): • Four acres for a Performing Arts and Events Center (PAEC) (Town Center I). •. Four acres for a park (Town Center II). • Eight acres for a hotel and potential development opportunities for office, miedieal effee, higher educational facilities, retail and restaurants, along with arts and entertainment venues. hi a"ieitlaeir-e TM�'leT eempenewfor 09i^^ er inssiwfienal r _e (Town Center III). October 27, 2023 Page 3 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments ■ One acre for ee-ad a--multi-story parking garage owned and operated by Sound Transit (Town Center IV). C. Chapter 7 City Center: The proposed text amendments relate to the TC-3 Redevelopment Plan and is responsive to changes in market demand and removes potential barriers. The proposed amendments to the goals and policies amendments effectively require urban scale redevelopment that is land use efficient, improves the performance of the City Center -Core as a Regional Growth Center, promotes community character and embodies civic pride, enhances City Center image, cultivates vibrancy, and defines a Downtown. The proposed map amendments reflect the re -designation and rezone of TC-3 and Hillside Plaza and designate the Downtown Architectural Overlay. These map amendments are necessary to implement minimum development regulations and architectural standards that promote and enhance community character within the downtown boundary. i. Amend text in Role of the City Center in Federal Way's Future section (Page VII- 4): The City has acquired 17 acres in the downtown and will be embarking on developing a Town Center, . hi r ..►We r • including but not limited to the followft potential components: ■ Four acres for a Performing Arts and Events Center (PAEC) (Town Center I). • Four acres for a park (Town Center II). ■ Eight acres for a hotel and potential development opportunities for office, medical ^fflhigher educational facilities, retail and restaurants, along with arts and entertainment venues. A addi6en; tl-erva i-Q--04 Smollef (Town Center III). • One acre for . ^e•� !I -multi -story parking garage owned and operated by Sound Transit (Town Center IV). ii. Amendments to the goals and policies in their entirety are located in "Exhibit A" to the proposed ordinance. iii. Amend Map VII-1, City Centers Vicinity Map iv. Amend Map VII-3, City Center Land Use Designations V. Amend Map VII-4, Current Land Use Map October 27, 2023 Page 4 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments vi. Amend Map VII-5, Town Center Development Site vii. Amend Map VII-6, Boundaries of Planned Action SEPA viii. Amend Map VII-7, The Concept Plan ix. Amend Map VII-8, Proposed Street Network X. Amend Map VII-9, Potential Location of Public Spaces and Pedestrian and Bicycle Connections xi. Amend Map VII-10, Potential Transit Alignment and Stops V. Public Comments Received The City received no comments during the SEPA comment period relating to the proposed amendments to text, goals, policies, and maps. As of the date of this staff report, no other public comments have been received. VI. Compliance with FWRC 19.80.140 FWRC 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment — The City may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza The purpose of these amendments is to ensure future development is consistent with and supportive of a mixed -use, dense, urban environment. It is anticipated that the amendments to the comprehensive plan are supportive of development regulations that ensure minimum density and intensity are achieved within the City Center -Core. There are no foreseeable or anticipated significant adverse impacts on the physical environment related to City Center development. The City Center is already zoned to accommodate mixed -use, dense, and urban style development, the amendments do not have additional impacts on the physical environment other than what is currently permitted. b. South King Fire & Rescue Property There are no foreseeable or anticipated significant adverse impacts on the physical environment related to development on the property that would increase if it is rezoned to Commercial Enterprise. Regardless of zoning designation, the City has adopted codes and standards to protect the environment. There is a mapped wetland on the eastern parcel. Whether the property is zoned for commercial or multi -family residential, the same protections for the wetland will be followed. Similarly, any clearing on the property and tree retention will be unchanged whether the property is zoned for commercial or multi- family residential use. October 27, 2023 Page 5 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments (2) The effect on open space, streams, and lakes. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza There are no lakes within this portion of the City Center. Although the proposed amendments envision achieving a more -dense future for this area, the City has recently adopted a Park Impact Fee and made amendments to its Open Space code to ensure there are adequate open spaces available. Overall, the proposal will not have a significant effect on open space, streams, or lakes. b. South King Fire & Rescue Propert There is a mapped Class II wetland on Parcel 551560-0030. There are no other known critical areas on the properties. The properties are not located within a regulated aquifer recharge area or wellhead protection area. The properties are not located within a flood hazard area. The property is currently undeveloped. There are no mapped lakes or streams on the property. The closest lake is Lake Dolloff which is approximately '/z mile to the north of the property. Mill Creek flows to the east of the properties and is approximately 1,800 feet to the east. There is not anticipated to be any direct or indirect impacts from this property to Lake Dolloff or Mill Creek. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza The proposed amendments are informed by the existing and underperforming development pattern and surrounding neighborhoods of the Federal Way City Center. The designation of a Downtown Architectural Overlay, strengthened text, goals, policies and subsequent development regulations are designed to ensure future redevelopment is dense, urban style, and maximizes local and regional amenities and investments. Adjacent land uses such as the Federal Way Transit Center and the Federal Way Downtown LINK Light Rail Station scheduled to open in 2026 will benefit from these amendments by promoting transit - oriented development, improving access to transit and connectively across the region. The existing retail, services, restaurants, etc. will also benefit from the proposed comprehensive plan amendments through the anticipated increased activity generated from redevelopment. b. South King, Fire & Rescue Property The affected geographic area under these proposed amendments is currently designated Multi Family and zoned RM2400. The request from the property owner is to change the designation and zoning to Commercial Enterprise (CE) Surrounding Land Uses Zoning Current Use North R4 (King County zoning), R18P (King Single family County zoning)_ South Office Park 1 OP-1 Office, vacant October 27, 2023 Page 6 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments East Office Park (OP), R18P (King County Fire station, apartments zoning) West Community Business BC Pa e Kenworth truck service & sales The BPA transmission corridor provides a 250-foot buffer between these properties and the single-family homes to the north. The designation of this property for employment is compatible with the properties to the south and west. The multi -family residential to the east and this property will be adjacent to one another. Consideration will need to the made whether any buffers will be necessary as part of the land use permitting process. Access to the properties will be from S 320th Street. Final access (driveway locations) will be determined with project -level permits. The trip generation rate and timing for trips for commercial uses varies based on the use and will be different from what would have been generated by multi -family residential. Access to I-5 and S 320th Street are proximate to or adjacent to these properties. The applicant prepared a trip generation memo from TENW as part of the SEPA review for the rezone. The memo provided a range of trips that could be generated from the property following the rezone. Project -specific traffic analyses will be conducted with future land use permits and will determined whether any street improvements will be necessary to accommodate use of the properties. Non -motorized access to the property will be from S 320th Street and from the regional trail located in the BPA transmission corridor. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza Site and community -wide impacts of new development are evaluated for specific projects and mitigation — through payment of traffic, park, and school impact fees, frontage improvements, etc. In other words, currently existing City regulations will mitigate project -specific impacts. Overall, community facilities are adequate and this proposal will not significantly impact such community facilities. b. South King Fire & Rescue Property This property was expected to accommodate approximately 300 residential units. The impact of those residences on the street, utility, transit, and school systems was considered prior to its designation as multi -family. Should the property be rezoned to commercial, there will be less impact on schools and utilities. The impact on transit and roads will be dependent upon the specific land uses that would result from the rezone. The City has both a transportation concurrency system and a traffic impact fee that will go to ensuring there are no unmitigated adverse impacts to the transportation system. October 27, 2023 Page 7 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments Availability of utilities — Lakehaven Water & Sewer District provides water and sewer service to these properties. Although there is not sewer in S 320th Street across the frontage of these properties, there is sewer at both the southeast corner and northeast corner of these properties. Sewer extensions will likely be required with project development. The properties lie in the 578-water pressure zone. There are no mapped supply deficiencies for these properties. Commercial uses typically use less water than the current designation of multi -family residential. Water capacity issues will be determined with project permitting. Availability of public services — Police protection will be provided by the Federal Way Police Department. Should the properties be rezoned to Commercial Enterprise, future development will be required to comply with the City's Crime Prevention through Environmental Design (OPTED) standards. Fire service will be provided by South King Fire & Rescue. There is a fire station located at the southeast corner of the proposed properties to rezone. The properties are located in the Federal Way School District. A rezone to Commercial Enterprise would result in the generation of 0 children on the properties unless the properties are developed as Permanent Supportive Housing. (S) The benefit to the neighborhood, city, and region. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza Neighborhood — The focus on promoting walkable blocks and planning for community interaction and congregation enhances the experience of being in the City Center -Core. These improvements are anticipated to foster a sense of community, bring people together, strengthen relationships, increase safety, and promote civic identity through placemaking. City — In the short term the forecasted development and redevelopment promotes local economic activity within the City Center -Core and stimulates the local economy. In the medium and long term these new developments add people to the City Center -Core and will support new and additional uses in the area such as restaurants, expanded entertainment options, night life, and opportunities to experience culture and art. The benefits of redevelopment and the ongoing local economic activity from an activated neighborhood bolsters revenue streams for essential city services which ensures a higher level of service and quality of life for all residents. Region - Approved by the Growth Management Planning Council (GMPC), the Federal Way City Center -Core was designated a Regional Growth Center in 1994. Regional growth centers (RGC) are locations of more compact, pedestrian -oriented development October 27, 2023 Page 8 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments with a mix of housing, jobs, retail, services, and other destinations. The region's plans identify centers as areas that should receive a significant share of the region's population and employment growth compared with other parts of the urban area, while providing improved access and mobility —especially for walking, biking, and transit. By expanding housing options and opportunities in proximity to transit, the City is not only meeting the unmet demands of a region in the midst of a housing crisis, but also using best practices to promote an urban environment that reduces congestion and reliance on automobiles. Moreover, the amendments benefit the region through leveraging public investments in transit for transit -oriented development and serve an important role by creating a destination within the County. b. South King Fire & Rescue Property_ The property owner has indicated that there are potential buyers for the property if it were to be rezoned. The property is owned by South King Fire & Rescue. They testified at the Planning Commission that proceeds from the sale of this property will be used for seismic retrofits of existing fire facilities. Facilitating the incorporation of safety measures into buildings housing first responders is a benefit to the neighborhood, city, and region. (6)The quantity and location of land planned for the proposed land use type and density and the demand for such land. a. City Center Downtown Architectural Overla TC-3 and Hillside Plaza Quantity - The proposal to amend the comprehensive plan designation map changing the designation of TC-3 city -owned property and Hillside Plaza results in City Center - Core designated area increasing approximately 20 net acres from 200 acres to 220 acres. The Downtown Architectural Overlay boundary is comprised of approximately 112 acres. The area for the City Center -Core designation and Downtown Architectural Overlay is measured by following the exterior parcel lines of the boundary including right-of-way. Location — The City Center -Core designation is bound by Interstate 5 and Pacific Highway South and by 324" Street along the south and generally follows S 316th Street to 23rd Ave S to S 3171h Street as the north boundary. The proposed City Center -Core designation amendment jogs the boundary north two blocks between Pete von Reichbauer Way S and 23rd Ave S to incapsulate TC-3 city -owned property and Hillside Plaza. Land Use Type — Currently, Chapter Two of the comprehensive plan describes the intent of establishing the City Center -Core is to create a higher density, mixed -use designation where office, retail, government uses, and residential uses are concentrated. The comprehensive plan amendments expand the objective of the City Center -Core as a vibrant and dynamic urban environment that blends various functions, encourages October 27, 2023 Page 9 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments sustainable transportation options through Transit Oriented Development, and an opportunity to promote civic pride and foster a strong sense of community. Density — Recognized as a Regional Growth Center, the City Center -Core has an anticipated intensity of development that achieves a density of 45 activity units per acre at a minimum, which a minimum mix of at least 15% planned residential and employment activity in the center. As part of the 2024 Periodic Update, the City is planning to accommodate 11,260 housing units and 20,460 jobs by 2044 and has forecasted the City Center -Core to accommodate approximately 3,100 future housing units with a conservative assumption of an average density of 80 units per acre. Demand — The City's Housing Action Plan, which was adopted in 2021, has highlighted a significant disparity between the rate of new housing construction in Federal Way and the escalating demand for housing. Between 2011-2019 Federal Way produced only 5.7 housing units for every 10 new households that formed in the city. This is the lowest level of production of any city in South King County. This divergence has given rise to an overall shortage in housing supply, subsequently resulting in low vacancy rates and limited options for prospective and current residents alike. The Sound Transit LINK Light Rail expected to begin operation in 2026 is anticipated to ignite a transformative era for the City Center. This revolutionary transportation system intertwines seamlessly with the urban fabric of the City Center, enhancing connectivity and convenience. In response to the evolving landscape and shifting preferences, individuals and families who gravitate towards an urban lifestyle are fueling the demand for expanded housing choices within the City Center -Core. b. South King Fire & Rescue Property In 2022, the City received a market report from Leland Consulting that indicated the highest and best uses for the City to attract currently are heavy commercial and multi- family. The City's CE zoning is predominantly south of S 336th Street. Rezoning this to Commercial Enterprise would allow for some uses north of S 336th Street that would benefit the City without allowing for them to be located in the City's City Center area. (7) The current and projected population density in the area. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza The City Center -Core contains two residential building complexes: Traditions at Federal Way and Senior City. See Table 1 below for more information about the existing housing options within the City Center -Core. Table 1: Residential Developments in City Center -Core. Senior City Traditions at Federal Way _Location 31635 23rd Ave S. Suite 100 j 31701 Pete von Reichbauer Way_ S Size 62 units 200 units n Age Limitation 62+ October 27, 2023 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments 55+ Page 10 According to the data collected from the 2020 Census, that the population of the City Center - Core was approximately 213 people. This results in a density of approximately 1.09 people per acre. As part of the Periodic Update to the Comprehensive Plan 3,100 future residential units are projected for the City Center -Core area by 2044 resulting in a residential density of approximately 15.5 residential units per acre. Due to the relatively large average household size in Federal Way of about 2.7 people per unit, the projected populations density for the City Center -Core is expected to increase from the nominal 213 units to the upwards to over 8,500 people. b. South KingFire & Rescue Properky Rezoning the property to commercial would result in a higher daytime population of employees whereas leaving it multi -family would ensure a higher nighttime population. The property owner believes that the rezone will allow for a buyer to purchase the property resulting in a denser use than what exists currently. - (8) The effect upon other aspects of the comprehensive plan. a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza The proposed amendments are consistent with the Federal Way Comprehensive Plan. Moreover, the proposed amendments assist in realizing the vision, goals, and policies of the Land Use, Transportation and Housing chapters. See Section VII.3 Compliance with FWRC 19.80.150 below. b. South Kin Fire & Rescue Prol2ert This rezone has been considered with the changes to goals, policies, and maps for the City Center. Since these properties abut one of the City's potential annexation areas, re - designation of this property, to commercial could affect decisions made regarding other properties that front S 320th Street at the time of annexation. There are currently 4 parcels east of these on the north side of S 320th Street before reaching the gas station at Military Road S. One parcel is the fire station, the 2nd is vacant, and the 3rd and 4th appear to be a wellness clinic. VII. Compliance with FWRC 19.75.130 Pursuant to FWRC 19.80.140, for site -specific comprehensive plan amendments, the provisions of FWRC 19.75.130(3)(a) shall also apply: (i) The proposed rezone is in the best interest of the residents of the city; and See the response to criteria 2 under FWRC 19.80.150. (ii) The proposed rezone is appropriate because either. - October 27, 2023 Page 11 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments (A) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or (B) The rezone will correct a zone classification or zone boundary that was inappropriate when established; a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza Rezoning TC-3 and Hillside Plaza is appropriate as conditions in the immediate vicinity, specifically the highly anticipated Sound Transit LINK Light Rail Station scheduled to operate and serve the Federal Way community and region in 2026, have significantly changed such that a rezone is in the public interest. Leveraging the opportunity that access to sustainable high capacity transit within the immediate vicinity of the subject properties requires appropriate and suitable zoning as City Center Core (CC-C). b. South King Fire & Rescue Property Rezoning the property is appropriate as conditions in the immediate vicinity, specifically the annexation and development of the property to the west with a Pape Kenworth truck service and sales yard business, have significantly changed such that rezoning the South King Fire & Rescue property to a more intense, commercial zone such as CE is in the public interest. Given the separation to the north by the BPA transmission easement, these parcels relate more to the commercial use to the west and across S 320th Street to the south, than the residential uses north in unincorporated King County. (iii) It is consistent with the comprehensive plan; a. City Center, Downtown Architectural Overlay, TC-3 and Hillside Plaza The text, goal, policy, and map amendments are consistent with the comprehensive plan. See the evidence of support for such amendments in section VIII (3) (a) below. b. South King Fire & Rescue Property The rezone is coupled with the proposed re -designation of the comprehensive plan to Commercial Enterprise for the same properties. Whether approved or denied, this condition will be met. (iv) It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan; and See response to FWRC 19.80.150(3). (v) It is consistent with the public health, safety, and welfare. October 27, 2023 Page 12 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments See response to FWRC 19.80.150(1). VIII. Compliance with FWRC 19.80.150 Criteria for Amending the Comprehensive Plan — The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; a. City Center, Downtown Architectural Overlay., TC-3 and Hillside Plaza The proposed amendments, crafted to support the creation of a mixed -use, transit -oriented neighborhood and vibrant downtown near the future light rail station, have a substantial relationship to public health, safety, and welfare in several ways: Active Transportation and Physical Health — Planning for and the facilitation of mixed - use developments, pedestrian -friendly infrastructure, and urban style redevelopment in the City Center support active transportation, such as walking and cycling. This can lead to improved physical health for residents by promoting exercise, reducing sedentary behavior, and contributing to increased opportunities for an overall healthier lifestyle within an amenity rich area. Reduced Traffic Congestion and Sustainability — The emphasis on transit -oriented development reduces reliance on private and single occupancy vehicles, therefore decreasing traffic congestion and associated negative environmental impacts such as air pollution. A City Center with increased housing choices and convenient access to expanded mobility options provides for a more sustainable lifestyle. Social Interaction and Mental Health — Creating a vibrant and mixed -use City Center and downtown with public spaces encourages social interaction among residents and visitors. These spaces provide opportunities for community gatherings, cultural events, and socializing, which can have positive impacts on mental health by reducing feelings of isolation and promoting a sense of belonging. Placemaking and Access to Amenities — Mixed -use neighborhoods provide residents with easy access to a variety of amenities, including retail, dining, cultural venues, and entertainment. This reduces the need for long commutes and enhances quality of life, as individuals can fulfill their daily needs and engage in leisure activities without traveling far from home. Economic Opportunities and Well-being — Expanding opportunities for local businesses and entrepreneurship through mixed -use development supports economic growth and job creation. A thriving local economy contributes to the overall well-being of the community by providing employment opportunities and generating tax revenue for essential services. b. South King Fire & Rescue Property October 27, 2023 Page 13 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments The proposed designation is buffered from the adjacent single-family residential uses to the north by the BPA power corridor. Since development of these properties will include driveways onto S 32Oth Street, commercial uses will likely result in an opportunity to consolidate and share driveway locations. (2) The proposed amendment is in the best interest of the residents of the city. a. City Center, Downtown Architectural Qverlay, TC-3 and Hillside Plaza The proposed policies for promoting a mixed -use, transit -oriented neighborhood in a downtown near a future light rail station are in the best interest of the residents of the city for several reasons: Enhanced Quality of, Life — Creating a dynamic downtown with mixed -use developments provides residents with convenient access to a range of amenities such as shops, restaurants, entertainment venues, and cultural attractions. A central gathering place enriches their daily lives by offering a cluster of diverse options for leisure and recreation without the need to drive long distances. Reduced Commuting Stress — By encouraging transit -oriented development, residents have the option to rely less on private or single occupancy vehicles and the limited parking capacity at the transit station parking garage. In turn these residents experience reduced commuting stress, shorter travel times, decreased congestion, and less frustration, which contribute to an improved overall quality of life. Civic Identity and Pride — An activated public realm and defined downtown with cultural attractions, community events, and space for programed and informal recreation fosters civic pride and a sense of identity among residents. Raising the standards and anticipation of future development through adopting intentional design and architectural standards promotes the unique community character of the built environment and influences how people experience the area and how the city is perceived. Vibrant Community Spaces — The promotion and creation of public spaces and gathering areas within the City Center fosters a strong sense of community. Residents can engage in social interactions, participate in events, and connect with neighbors, which strengthens social bonds and enhances their sense of belonging. b. South King Fire & Rescue Property The proposed rezone and change of designation will allow the properties to be utilized for employment -generating uses. Although the City needs more housing production, this location, given its proximity to I-5 and S 320th Street, will serve as a better location for employment. (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. October 27, 2023 Page 14 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments The comprehensive plan amendment under consideration is consistent with the following goals of RCW Chapter 36.70A.020 of the Growth Management Act (GMA). The following goals and policies are not listed in order of priority: a. CiV Center Downtown Architectural Overlay, TC-3 and Hillside Plaza LUP9 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning mixed -use, commercial and office areas; and distinctive neighborhood retail areas. LUG4 Provide a wide range of housing types and densities commensurate with market demand, adopted housing targets, and the community's needs and preferences. LUP 20: Allow and encourage a variety of multi -family housing types in designated commercial areas,, especially in the City Center Core and City Center Frame TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network. TP3.11 Incorporate pedestrian and bicycle features as design elements in the City Center as reflected in the Federal Way Comprehensive Plan Vision and City Center Street Design Guidelines. HG4: Proactively plan for and respond to trends in housing demand. HP12: The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate locating housing affordable to low-income, very low-income, and special needs households throughout the City, especially around the City Center and other areas that provide proximity to employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. HP13: Continue to use design guidelines to ensure that new and infill developments have aesthetic appeal and minimize impacts on surrounding development. b. South King Fire & Rescue Propert EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. October 27, 2023 Page 15 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments EDP6 Provide abetter balance between housing and jobs by increasing the number of jobs within the City relative to the number of households. EDP8 Promote the redevelopment of existing underdeveloped areas as a means to sustain the economy and provide jobs. EDP13 Support existing industrial employers and addition of new industrial employers that contribute to the diversity of the City's employment base and support other industries in the City. LUP 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well -functioning, high quality developments. IX. Planning Commission Recommendation The Planning Commission conducted a Public Hearing on October 4, 2023. There were no public comments regarding the proposed Comprehensive Plan text, goals, policies, or map amendments. Following Commission discussion and deliberations, the Planning Commission forwarded the proposed amendments to the City Council with a recommendation of approval. X. Staff Recommendation Staff recommend approving the proposed amendments, as forwarded by the Planning Commission. October 27, 2023 Page 16 Land Use and Transportation Committee 2023 Annual Comprehensive Plan Amendments ORDINANCE NO. 23- AN ORDINANCE of the City of Federal Way, Washington, amending the Federal Way Comprehensive Plan, the Comprehensive Plan Map, and Zoning Map; designating a Downtown Architectural Overlay; changing the Comprehensive Plan designation and zoning of approximately 20 acres located north of S 316th Street between Pete von Reichbauer Way S and 23rd Ave S, from City Center Frame (CC- F) to City Center Core (CC-C); and changing the Comprehensive Plan designation and zoning of 19.05 acres of land located on the north side of S 320th Street, east of I-5, from Multi -Family (RM2400) to Commercial Enterprise (CE). (Amending Ordinance Nos. 90-43, 95- 248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05- 490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15- 796, 15-798, 18-843, 19-866, 21-907, 22-938 23-954, 23-956 and 23-967) WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way ("City") to adopt a comprehensive plan including a land use element and land use map, a housing element, a capital facilities plan, a utilities element, and a transportation element; and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan and land use map (the "Comprehensive Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Comprehensive Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, January 26, 2018, April 2, 2019, January 19, 2021, October 12, 2022, April 4, 2023, July 14, 2023, and September 5, 2023; and Ordinance No. 23- Page I of 38 WHEREAS, pursuant to Federal Way Revised Code ("FWRC") Chapter 19.35, the City may consider Comprehensive Plan amendments utilizing Chapter 19.80 FWRC, Process VI; and WHEREAS, under RCW 36.70A.130, the Comprehensive Plan and development regulations are subject to continuing review and evaluation, but the Comprehensive Plan may generally be amended no more than one time per year; and WHEREAS, in 2023 the City initiated 4 amendments to the Comprehensive Plan including (1) amendments to text, Goals, and Policies pertaining to the City Center, Downtown, TC-3 Redevelopment Plan, and Commercial Enterprise zone; (2) designating a Downtown Architectural Overlay; (3) a change in designation and zoning of approximately 20 acres located north of S 316th Street between Pete von Reichbauer Way S and 23rd Ave S, parcel numbers 092104-9053 ("Hillside Plaza"), 857500-0010, 857500-0020, and 092104-9017 ("TC-3") from City Center Frame (CC-F) to City Center Core (CC-C); and (4) a change in designation and zoning of property owned by KC Fire Protection District 39 ("South King Fire & Rescue") on S 320th Street, parcels 551560-0005, 551560-0010, 551560-0015, 551560-0020, 551560-0025, 551560-0026, 551560- 0030, 551560-0035, 551560-0090, and 551560-0091 ("South King Fire & Rescue Property") from Multi -Family (RM2400) to Commercial Enterprise (CE); and WHEREAS, on June 2, 2023, the City's SEPA Responsible Official issued a Determination of Nonsignificance ("DNS") on the proposed (1) comprehensive plan text amendments; (2) Downtown Architectural Overlay; and (3) re -designation and rezone of Hillside Plaza and TC-3; and WHEREAS, on July 18, 2023 the City issued an addendum to the June 2, 2023, DNS to include additional comprehensive plan text amendments; and Ordinance No. 23-_ — Page 2 of 38 WHEREAS, on September 8, 2023, the City's SEPA Responsible Official issued a DNS for the proposed re -designation and rezone of the South King Fire & Rescue Property; and WHEREAS, the SEPA Determinations were not timely appealed; and WHEREAS, the City's Planning Commission held a public hearing to consider the proposed amendments on October 4, 2023, pursuant to the provisions of FWRC 19.80.190, at the close of which the Planning Commission recommended the City Council approve (1) the comprehensive plan text amendments; (2) designation of the Downtown Architectural Overlay; (3) re -designation and rezone of Hillside Plaza and TC-3; and (4) re -designation and rezone of the South King Fire & Rescue Property; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered the Planning Commission's recommendation at its November 6, 2023, meeting and forwarded the proposed amendments to the City Council; and WHEREAS, the City Council, through its staff and Planning Commission, received, - discussed, and considered the testimony, written comments, and all materials submitted by the public, and considered the matter at its meetings on November 21, 2023, and December 5, 2023; and WHEREAS, the City Council, having considered the cumulative impact of all of the proposed Comprehensive Plan amendments, desires to approve the (1) comprehensive plan text amendments; (2) designation of the Downtown Architectural Overlay; (3) re -designation and rezone of Hillside Plaza and TC-3; and (4) re -designation and rezone of the South King Fire & Rescue Property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 23- Page 3 of 38 Section 1. Findings and Conclusions. The City Council of the City of Federal Way makes the following findings and conclusions with respect to the proposed amendments: (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) The proposed text amendments, as set forth in Exhibits A and C, pertaining to the City Center, Downtown, and TC-3 Redevelopment Plan are consistent with the Council vision for the City, improve predictability for future development, curate civic identity, are responsive to market realities, and remove potential barriers to the redevelopment of TC-3, and therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. (c) The proposed text amendment, as set forth in Exhibit B, pertaining to the South King Fire & Rescue Property is consistent with the Council vision for the City, provides greater clarity and specificity to the existing policy, and better aligns the policy with implementing development regulations in FWRC; and therefore bears a substantial relationship to public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. (d) The proposed amendments to the Comprehensive Plan map and Zoning map pertaining to the Downtown Architectural Overlay and re -designation and rezoning of Hillside Plaza and TC-3 from City Center Frame (CC-F) to City Center Core (CC-C), and accompanying amendments to various maps in the City Center Chapter of the Comprehensive Plan, as set forth in Exhibits D N, are consistent with the Council vision for the City of Federal Way. Designating a Downtown Architectural Overlay, and re -designation and rezoning of Hillside Plaza and TC-3 Ordinance No. 23- Page 4 of 38 from City Center Frame (CC-F)' to City Center Core (CC-C) are necessary to improve predictability of future development, curate civic identity in the City Center Core, support the creation of a mixed -use, transit -oriented neighborhood and vibrant downtown around the future light rail station, and help to provide residents with convenient access to a range of amenities such as shops, restaurants, entertainment venues, and cultural attractions, thus enhancing their quality of life. As a result, the proposed amendments to the Comprehensive Plan map and Zoning map, and accompanying amendments to various maps in the City Center Chapter of the Comprehensive Plan, as set forth in Exhibits D N, bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. Specifically, the proposed amendments to the Comprehensive Plan map and Zoning map, and accompanying amendments to various maps in the City Center Chapter of the Comprehensive Plan pertaining to the Downtown Architectural Overlay and re -designation and rezoning of Hillside Plaza and TC-3 from City Center Frame (CC-F) to City Center Core (CC-C) are consistent with the following comprehensive plan goals and policies: LUP9 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning mixed -use, commercial and office areas; and distinctive neighborhood retail areas. LUG4 Provide a wide range of housing types and densities commensurate with market demand, adopted housing targets, and the community's needs and preferences. LUP 20 Allow and encourage a variety of multi -family housing types in designated commercial areas, especially in the City Center Core and City Center Frame Ordinance No. 23- Page 5 of 38 TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network. TP3.11 Incorporate'pedestrian and bicycle features as design elements in the City Center as reflected in the Federal Way Comprehensive Plan Vision and City Center Street Design Guidelines. HG 4 Proactively plan for and respond to trends in housing demand. HP12 The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate locating housing affordable to low-income, very low-income, and special needs households throughout the City, especially around the City Center and other areas that provide proximity to employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. HP13 Continue to use design guidelines to ensure that new and infill developments have aesthetic appeal and minimize impacts on surrounding development. Additionally, the rezone of Hillside Plaza and TC-3 is appropriate because conditions in the surrounding area, specifically the pending opening of the Sound Transit LINK Light Rail Station, have significantly changed such that a rezone is in the public interest. (e) The proposed amendments to the Comprehensive Plan map and Zoning map pertaining to the re -designation and rezoning of the South King Fire & Rescue Property from Multi -Family (RM2400) to Commercial Enterprise (CE), as set forth in Exhibits D and E, are consistent with the Council vision for the City of Federal Way. Re -designation and rezoning of the South King Fire & Rescue Property from Multi -Family (RM2400) to Commercial Enterprise (CE) Ordinance No. 23- Page 6 of 38 will help to facilitate development of currently vacant property, and will allow for uses that will generate employment opportunities for the City. As a result, the proposed amendments to the Comprehensive Plan map and Zoning map, as set forth in Exhibits D and E, bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. Specifically, the proposed amendments to the Comprehensive Plan map and Zoning map pertaining to re -designation and rezoning of the South King Fire & Rescue Property from Multi -Family (RM2400) to Commercial Enterprise (CE) are consistent with the following comprehensive plan goals and policies: EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. EDP6 Provide abetter balance between housing and jobs by increasing the number of jobs within the City relative to the number of households. EDP8 Promote the redevelopment of existing underdeveloped areas as a means'to sustain the economy and provide jobs. EDP13 Support existing industrial employers and addition of new industrial employers that contribute to the diversity of the City's employment base and support other industries in the City. LUP 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. Ordinance No. 23- Page 7 of 38 LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well - functioning, high quality developments. Additionally, the rezone of the South King Fire & Rescue Property is appropriate because conditions in the surrounding area, specifically the annexation and development of the Pape Kenworth property directly to the west, have significantly changed such that a rezone is in the public interest. (f) The proposed amendments have complied with the appropriate process under state law and FWRC. Section 2. Comprehensive Plan, Comprehensive Plan Map, and Zoning Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, 2018, 2019, 2021, 2022, and 2023, copies of which are on file with the Office of the City Clerk, the comprehensive plan maps, and the zoning map, are amended as set forth in Exhibits A—N, attached hereto. Section 3. Amendment Authority. The adoption of plan and map amendments identified in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWRC Chapters 19.75 and 19.80. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Ordinance No. 23- Page 8 of 38 Section 5. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, 2018, 2019, 2021, 2022, and 2023 shall remain in full force and effect until these amendments become operative upon the effective date of the ordinance. Section G. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. [signatures to follow] Ordinance No. 23- Page 9 of 38 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 10 of 38 Exhibit List Exhibit A. Chapter Seven — City Center Text Amendments Exhibit B. Chapter Two — Land Use Text Amendments Exhibit C. Chapter Four — Economic Development Text Amendments Exhibit D. Comprehensive Plan Map Designations Exhibit E. Official Zoning Map Exhibit F. Map VII-1, City Center Vicinity Map Exhibit G. Map VII-3, City Center Land Use Designations Exhibit H. Map VII-4, Current Land Use Map Exhibit I. Map VII-5, Town Center Development Site Exhibit J. Map VII-6, Boundaries of Planned Action SEPA Exhibit K. Map VII-7, The Concept Plan Exhibit L. Map VII-8, Proposed Street Network Exhibit M. Map VII-9, Potential Location of Public Spaces and Pedestrian and Bicycle Connections Exhibit N. Map VII-10, Potential Transit Alignment and Stops Ordinance No. 23- Page 11 of 38 CHAPTER SEVEN - CITY CENTER 7.2 THE ROLE OF THE CITY CENTER IN FEDERAL WAY'S FUTURE Revised 29A5 2023 There are several reasons why a definable, vital City Center is an important part of Federal Way's future. These include: Community Support — The Federal Way community has made the City Center a significant part of its vision. Participants in community workshops helped to develop a vision for Federal Way's future. A keystone of that vision is an attractive, multi -faceted City Center providing the setting for commercial, residential, entertainment, recreational, and civic activities. Economic Development — Federal Way's economic development strategy relies on a strong urban center. As discussed in the Chapter 4, "Economic Development," Federal Way has the opportunity to transform itself from an essentially residential and retail based economy to an emerging, sub -regional economic center with an expanded, more diversified employment base. An important step in achieving this goal is a sufficient critical mass in the City Center to produce lively street activity; support specialty business and cultural/entertainment facilities; justify the investment for public parks, amenities, and improved transportation systems; and create the interactive "synergy" of a true urban center. Federal Way's economic development strategy with the development of Town Center I, II, III, and IV as described below, and shown in Figure VII-1 will greatly contribute to such a critical mass. The City has acquired 17 acres in the downtown and will be embarking on developing a Town Center, whiA inE4udes fiaHf eampeneWis-includiniz, but not limited to the followin potential components: • Four acres for a Performing Arts and Events Center (PAEC) (Town Center I). • Four acres for a park (Town Center II). • Eight acres for a hotel and potential development opportunities for office,fnedieal e€f ee, higher educational facilities, retail and restaurants, along with arts and entertainment venues. to addifien, (Town Center III). • One acre for aka multi -story parking garage owned and operated by Sound Transit (Town Center M. Natural Evolution — The development of a more intensive, multi -use urban center is a natural step in Federal Way's evolution. Most new centers start out as bedroom communities. Growth Management — Developing a City Center is part of a regional strategy to address Western Washington's growth management. Public policy makers have focused increased attention on issues affecting our quality of life, including urban sprawl and the accompanying reduction of open space, declining housing affordability, and increasing traffic congestion. Concentrating future growth within the four county region into a number of centers (rather than a continued pattern of dispersion), linked by an efficient high capacity transit system, is one of the principal goals to manage this growth. VII-4 Ordinance No. 23- Page 12 of 38 FWCP — Chapter Seven, City Center 7.7 GOALS AND POLICIES The following goals provide overall direction to policy makers and community members when making choices about growth and development within Federal Way's City Center. General Goals Revised 2M 2023 CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCG2 Attract a regional market for high quality office and retail uses which increases employment opportunities, adds to the City's tax base, and establishes Federal Way's City Center as an economic leader in the South King County region. CCG3 Foster distinct districts within the City Center, defining the roles and characteristics of each such district. CCG4 Foster ElffleauFage a mN of eempa4ibje uses to ma4jitaia a lively, annealing at#aeli;,e, and safe-plaee to live, weAE, and psis. secure environment for living, working, and visiting by promotinga mix of compatible land uses. Emphasize the importance of a blend of activities and functions that meet community needs. CCG5 Concentrate efforts on enhancing the existing character and image of the City Center.-, to create an attractive, inviting and appealingurban rban landscape. CCG6 Expand Eneeurage housing amities options in commercial/residential mixed -use settings. Promote housing opportunities close to employment. CCG7 Eneaui,a a the ailabili;y of Promote diverse housing options, including affordable housing, to all eeeaemie segments of the populmieH ef this state, and encourage preservation of existing housing stock. CCGS Establish Peep land use pa#ems policies and development regglations that concentrate higher densities and mixed -use developments near accessible transit that will encourage less dependency on the single occupant automobile. CCG9 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking. CCG10Greate Facilitate an environment that attracts high quality , and effl a development through public projects and Continue to enforce MIM! Ordinance No. 23- Page 13 of 38 FWCP — Chapter Seven, City Center enforcing requirements for quality design in buildings, streetscape, and site planning. CCGHAdopt Gfeate pelf regulations that require Ee-eneetfage more efficient use of parking facilities and allow for t Akka new, innovative, and creative parking solutions. Hi i Perfnrnrirrg Regional Growth Center Goal CCG12Foeus Actively concentrate new growth in the City Center and allew to achieve gt-owth targets and foster a mix of land uses that generate a diverse and dense area of regional importance. for- higher intensity uses and densities. Policies Revised 2M 2023 CCP12.1 Support a concentration of uses within the City Center to create a financial, retail, business, civic, and cultural hub of for Federal Way. CCP121 Require new development in the City Center to meet minimum standards for scale intensiM and desip to optimize infrastructure investment maximize Rroximity to amenities and enhance community character CCP12.3 Gentinue te suppen land use, Plan for and require, through development regulations Viand development standards, a development pattem ofcompact neighborhoods that include housing choices at appropriate urban densities, diverse commercial and employment opportunities, and other urban facilities that are convenient to access and complement the use of public transportation to reduce reliance on single occupant vehicle travel for daily activities. GGR4 GeE4Fme te develep a City Center that is the primary commercial or -ea pr-eviding r-esidems and a ,i.., ees within the e.et.- CCP12.4-5Utilize the SEPA Planned Action to provide streamlined permit review in the City Center in order to accelerate progress towards meeting the vision. CCP12.56Work with urban service providers to ensure sufficient capacity is available for development. CCP12.67�Mlew Plan for and incentivize a variety of uses within the City Center and . Ensure that mixed -use development incorporates community_amenities_ that enhances the character of the surrounding residential and commercial areas. VII-25 Ordinance No. 23- Page 14 of 38 FWCP — Chapter Seven, City Center CCP12.711-Provide incentives to encourage residential development in City Center. CCP12.89 Promote the siting of cultural and civic uses within the City Center. The City should always consider City Center sites in siting analyses and decisions regarding potential civic and cultural uses that it develops. In addition, incentives should be explored that could attract cultural and civic uses over which the City does not have direct control. CCP12.940 Adopt land use regulations that eHseufage ensure redevelopment in the City Center, achieves to aee&mmed higher -density residential uses accompanied by residentially oriented retail and service uses.. consistent_ with regional growth center criteria. CCP12.1011 Gentiffue to provide Plan for, fund, and acquire the amenities necessary_to enhance the quality of life for residents and visitors including but not limited to sesh i.- ij s for community gathering, interaction, recreation, and enjoyment: seriieessparks, and peblie spoees to Faee4 residentialnee&- CCP12.114-2,-Continue to ensure effective transitions between frame area development and nearby lower -intensity development. katign a Dynamic Downtown Goal CCG13 Cultivate a dynamic and thriving downtown that serves as the vibrant social, cultural, and economic heart of the community, and promotes a distinct community character and civic identity. Policies Revised 245 2023 C_ CP13.1 Establish_ a Downtown Architectural Overlay to establish a clear downtown boundary that fosters a sense of place. CPP13.2 Promote a cohesive Downtown character through adoption of recognizable architectural and streetscape design standards and development regulations that both reflect the unique character and history of the community, and create an . inviting and memorable environment. CP_P13.3 Foster partnerships between the City, private sector, and community organizations to facilitate the developm__ent of community -oriented events, festivals, and cultural activities in the downtown that bring residents and visitors together and contribute to the downtown vibrancy. VII-26 Ordinance No. 23- Page 15 of 38 FWCP — Chapter Seven, City Center on ■. ill it" Goal CCG14 Preserve natural assets, such as views from civic buildings and uses, like the Performing Arts and Events Center, for the enjoyment of the community. Policies CCP14.1 Adopt regulations for view protection of scenic vistas. Public Spaces and Community Facilities Goal CCG165 Make the City Center an inclusive hub for community gatherings, local entrepreneurship, and cultural celebrations to foster a strong sense of identity and belonging among residents, businesses, and visitors, and _topromote civic pride, Policies CCP15.1 Promote a diversity of public and privately funded recreational and cultural facilities throughout the City Center. Promote partnerships between the City and other agencies, private organizations, and individuals to develop and meet the needs of the community for these types of facilities. CCP15.2 Prioritize the creation ofpedestrian-friendl infrastructure such as wide sidewalks, pedestrian crossings, and street furniture, to create an environment that encourages walking, exploration, and interaction among residents and visitors. CCP15.3 Acquire land neceLsM to provide a broad range of development opportunities throughout the City Center. Afultimodal Transposition Network and Supporth-e Development Pattern Goal CCG16 Encourage the development of a higher -density, mixed -use City Center that in turn will reduce parking demand per square foot or per unit. Policies Revised 2045 2023 CCP16.1 Identify opportunities to facilitate public and private parking structures (below or above ground) in lieu of surface parking-. VII-27 Ordinance No. 23- Page 16 of 38 FWCP — Chapter Seven, City Center CCP16.2 Adont development regulations that strictly limit surface parking and promote the rovision of structured garking. CCP16.3 Buffer Wking areas to increase compatibility between surrounding uses. For lar gr lotsprovide substantial landscaping, special lighting, and pedestrian walkways. CCP16.4 Site and orient buildings and parking to allow redevelo ment of surface arkin CCP16.5 Allow on -street parking to create a buffer between pedestrians and traffic dMending on street characteristics and role within the Ci Center. On -street parking should be viewed as a component of the parking supply for the area. CCP16.6 Encourage shared parking between uses to maximize the use of available parking within the City Center. CCP16.7 Encourage new development to include active ground floor uses such as retail community services, office space, and restaurants. Goal CCG17 Maintain street designations that reinforce the unique characteristics of the City. Center. Policies CCP17.1 Continue to acquire right -of way, primarily through dedication from development, to complete and enhance the street network. CCP17.2 Continue to designstreets as public spaces, with apprcnriatepedestriann amenities trees sidewalks bicycle paths, transit services street furniture and trash rece tacles. CCP17.3 Continue to construct streetsca a improvements as an inte al component of any roadway -improvement. CCP17.4 Encourage buildings to front or face public ri is-of-wa, providing clear paths from the sidewalk to all entries. CCP17.5 Do not widen any streets exce t for SR-99 and South 320' Street to more than five lanes. CPP17.6 Continue to look for opportunities such as the dedication of the flagpoles and the renaming of the downtown stretch of South 320"' Street as Memorial Wa to reflect local values and create a unique coinmunity character. Goal Revised 204-5 2023 VII-28 Ordinance No. 23- Page 17 of 38 FWCP — Chapter Seven, City Center CCG1318 Improve the flow of vehicular traffic through the City Center and minimize increases in congestion. Policies CCP4-318.1 Improve traffic flow around and through the City Center by extending the street network, creating smaller blocks, and completing the ring road along the west edge of the City Center. CCP4418.2 Reduce congestion by supporting the Commute Trip Reduction Act. Develop commuting alternatives to single occupancy vehicles, including transit, walking, and bicycling. Goal CCG149 Promote and facilitate the effective use of non -motorized transportation. Create a safe, efficient, and enjoyable pedestrian and bicycle system. Policies CCP169_1 Emphasize pedestrian and bicycle circulation, as well as other travel modes in all aspects of developing the City Center transportation system. Include public sidewalks, wayfinding, street trees, and other pedestrian amenities for streets. CCP169.2 Establish design standards for nedestrian-friendlv. transit -oriented development and other transit -supportive_ planning that orients land uses around transit and produces a more safe, enjoyable, and convenient environment for pedestrians and bicyclists.e-fiien& CCP1$9_3 Provide pedestrian connections between adjacent buildings where possible to provide for streetscape continuity and develop clear and safe pedestrian paths through large parcels to enhance the pedestrian network. CCP19.4 Continue to site and screen parking lots to minimize impact on the pedestrian environment. CCP3819.5 Connect the main entry of buildings to public sidewalks by a clear, identifiable walkway. CCP2419.6 Encourage transit use by improving pedestrian and bicycle linkages to the existing and future transit system, and by improving the security and utility of park -and -ride lots and bus stops. CCP2319.7 Establish clear and well -marked pedestrian crossings to reach transit facilities and other uses at a maximum spacing of 660 feet. Revised 2944 2023 W-29 Ordinance No. 23- Page 18 of 38 FWCP — Chapter Seven, City Center CCP2319.8 Connect Celebration Park and Steel Lake Park via a pedestrian/bicycle pathway bisecting the City Center. Orient buildings, urban open spaces, plazas, etc., to pathways where feasible. CCP2419.9 Continue to improve the pedestrian/bicycle circulation along South 320' Street and Pacific Highway South. Goal CCG4-520 Work with transit providers to develop a detailed HCT plan for the City Center. Identify facilities, services, and implementation measures needed to make transit a viable and attractive travel mode. Tailor the plan to meet local needs through rapid transit, express buses, and/or demand -responsive service. Policies CCP20_l-5 Continue to focus transportation investments to support transit and pedestrian/ bicycle -oriented land use patterns. CCP20_26 Participate actively in regional efforts to develop an HCT system to serve the City Center. CCP20_3-7 Establish the most intensive levels of transit service to the City Center area. CCP20_48 Integrate any transit system with existing or new road rights -of -way. CCP20_59 Integrate the high capacity transit system with other transportation modes serving Federal Way and the region. CCP230.6 Integrate bicycle and pedestrian facilities with, and connect to, high capacity transit facilities during right-of-way acquisition and facility design. Goal Revised 2,046 2023 VII-30 Ordinance No. 23- Page 19 of 38 FWCP — Chapter Seven, City Center Curl .rrr�ti► K*�raera�rrs� � �'e�s�e�!e�.+_T_T.n: rr+sr�see+r.�: �ellr.�i�reelr*7:T.'r7'rsf. . •TA7 �Setr fie/ �TElT:l1L[l7rtiT3 LTf1.1�71:TZ5!R71� TlR�: s EMMIMMMMV Goal CCG4821 Plan for land use patterns and transportation systems that minimize air pollution and greenhouse gas emissions. Policies CCP21.1-39 Continue to build a multimodal transportation system, as described in Chapter 3, "Transportation," so that people who live and work in Federal Way have a variety of convenient low -or no -emission transportation options. CCP21.240 Continue to promote commute trip reduction strategies as a way to reduce air pollution and greenhouse gas emissions. Goal Revised 24a 6 2023 VII-31 Ordinance No. 23- Page 20 of 38 FWCP — Chapter Seven, City Center CCG22479 As part of new development or redevelopment, encourage the use of innovative techniques such as Low Impact Development. Policies Revised 28t3 2023 CCP22.141- Encourage the use of low impact development stormwater facilities, or use other similar stormwater management techniques to promote aquifer recharge. CCP22.242 Establish land use and building controls to use stormwater infiltration, such as low impact development and green stormwater infrastructure techniques wherever feasible, and to minimize the amount of impervious surface created by development. 4 1 W-32 Ordinance No. 23- Page 21 of 38 FWCP — Chapter Seven, City Center Revised 2M 2023 VII-33 Ordinance No. 23- Page 22 of 38 CHAPTER TWO - LAND USE Commercial Enterprise The Commercial Enterprise (CE) designation was developed from the former Business Park (BP) designation, in order to meet changing market conditions, as indicated by City market studies and by numerous rezone requests. The CE designation is primarily intended to capture the demand for a diverse mix of industrial, office, and retail sales and services, arrayed in well integrated, high quality developments. Housing is not contemplated for this designation. The CE designation encompasses areas located generally south of South 339" Street, north of South 359t' Street, and west of the Interstate-5/SR- 18 interchange. Presently, these areas are characterized by bulk/big box retailers such as Costco and Home Depot; "destination" retail/commercial centers such as Federal Way Crossings and Marketplace; and light manufacturing and warehouse uses; whose convenient access to hnterstate-5 and Highway 18 provide a natural location for such development. The area also includes some large undeveloped and underdeveloped parcels. Goal LUGS Develop a quality commercial enterprise environment characterized by a viable, vibrant, and attractive mix of commercial, retail, office, industrial, and supportive uses and utilize locational and design criteria to ensure compatibility between uses. Policies LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well-fiinctioning, high quality developments. LUP36 Require development to be compatible and well integrated into its surroundings and adjacent zones through site and building design and development standards that reduce or eliminate land use conflicts and nuisance impacts; ensure project aesthetics; promote sharing of public facilities and services; and improve vehicular and pedestrian traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. - LUP37 Allow general and specialty retail uses that serve the needs of people employed or residing in the local area, as well as "destination" retail and wholesale businesses that may serve a Revised 2945 2023 EXHIBIT B Ordinance No. 23- Page 23 of 38 FWCP — Chapter Two, Land Use broader consumer base vis-a-vis the area's convenient access to Interstate 5 and Highway 18. LUP 38 Do not allow heavy industrial uses on properties that adjoin low or moderate density residential zones. Revised 2M 2023 fl-18 Ordinance No. 23- Page 24 of 38 EXHIBIT C CHAPTER FOUR - ECONOMIC DEVELOPMENT Institutional, Educational, Cultural, Recreational Development and Tourism The City boasts a number of outstanding health care facilities, including St. Francis Hospital, Virginia Mason Clinic, and Group Health. This growing medical sector includes Total Renal Care Inc. (DaVita) and Children's Hospital, which is expected to open in 2015. Built in 1998, the Knutzen Family Theatre provides a venue for professional theatre and the symphony. A City owned/operated Community Center, which offers a wide variety of classes and recreational facilities, was constructed in 2007. The Federal Way Parks, Recreation, and Cultural Services Department offers a summer concert series at Steel Lake Park. Each year, Federal Way's July 4' Red, White, and Blues festival is held at Celebration Park,. Tourist attractions in Federal Way include Wild Waves Theme Park which has a regional draw during the summer; the King County Aquatic Center, which hosts national swim meets; Celebration Park where the nationally acclaimed tournament soccer and baseball facilities draw tourist activities; the Pacific Bonsai Museum, which features outstanding bonsai from the Pacific Rim nations of Canada, China, Korea, Taiwan, and the United States; the Rhododendron Species Botanical Garden, home to one of the largest collections of species of rhododendrons in the world; PowellsWood Garden, which includes seven distinct gardens separated by hedges; the City -owned Dumas Bay Centre, which offers meeting rooms and overnight accommodations in a spectacular natural setting with stunning views of Puget Sound and the Olympic mountains; West Hylebos Wetlands Park, a 120 acre wetland park with a large trail and boardwalk network; the Brooklake Community Center, which potentially could be connected to the West Hylebos Wetlands Park by extension of the boardwalk, and could also include an educational/learning center focused on the history of the property and surrounding areas and/or environment; and the Farmers Market, which acts as a gathering place for the community during the Spring and Summer. The City is also in the planning stages for a 700=seat, 44,000 square foot Preforming Arts and Events Center (PAEC) and potential associated hotel, which will be built in the City Center. The PAEC has the potential to generate significant redevelopment in the City Center. In 2001, the DeVry University opened their first Northwest Campus in Federal Way. This 100,000 square foot facility provides technology training customized to increase employee workplace skills. The City is actively involved in recruiting a branch campus of a four-year institution or an institution of higher learning with programmatic elements consistent with a four-year institution. The City is also pursuing education programs through partnerships in specialized career focused areas. The university and education initiatives are being pursued to enhance educational and training opportunities to establish career paths and prepare students for the market economy of the future. Revised 2913 2023 IV-12 Ordinance No. 23- Page 25 of 38 The City's Role in the Economic Life of a Community In the State of Washington, the direct actions that cities can take to encourage economic development have historically been more limited than in other states. However, one of the most significant direct actions a city can take is to provide the necessary infrastructure. This includes: 1) developing long term facilities expansion plans for infrastructure such as roads; 2) designing the specific systems and projects; 3) raising or borrowing local funds to finance the projects or act as a conduit for state, federal, and intergovernmental funds; and, 4) forming public -private partnerships to jointly construct projects. Since incorporation, the City with the assistance of state and federal funds, has widened and improved Pacific Highway South and South 320t' Street, both major corridors through the City. This has facilitated the movement of traffic and goods through and around the City as Pacific Highway South is a major north -south arterial and South 320' street is a major east -west arterial. Second, a city can deliver high quality and cost effective urban services. These necessary services include police and fire protection; parks, recreation, and cultural services; social services and job training; and a well -run land use planning and regulatory process. In an effort to provide high quality and cost effective service, and in order to reduce crime rates, the City of Federal Way formed its own Police Department in 1996, six years after incorporation. In 1997, the City constructed Celebration Park, an 84 acre community park. This has made a large contribution to the local economy in terms of bringing baseball and soccer tournaments to the City, thus benefiting the lodging and eating establishments. In addition, a city can actively participate in public/private groups designed to help businesses and the development community as they work their way through the state and federal regulatory processes. Third, a city can directly impact economic development by doing market research or by being a landowner and developer. For example, a city could develop, maintain, and disseminate data and analysis on local development conditions and trends, as well as monitor important trends and assumptions upon which plans, programs, and strategies are based. The City maintains a web site which contains a variety of economic development - related information aimed at marketing the community in order to attract new businesses to the area. In addition, a city can buy land, aggregate parcels, and make necessary improvement so that it is ready for new development or redevelopment. For example, the City has acquired 17 acres in the downtown and will be embarking on developing a Town Center, including. but not limited to, the following potential components -(See additional discussion in Chapter 7, City Center): • Four acres for a Performing Arts and Events Center (PAEC) (Town Center I). • Four acres for a park (Town Center II). + Eight acres for a hotel and potential development opportunities for office, Faedioal effiee, higher educational facilities, retail and restaurants, along with arts and entertainment venues. (Town Center II1). Revised 2945 2023 IV-14 Ordinance No. 23- Page 26 of 38 FWCP — Chapter Four, Economic Development Revised 2944 2023 ■ One acre for r...,. sit a ented .iyel....... ew (TOD) 1aea4ea west of 41e mans.; eeftter- and a multi -story parking garage owned and operated by Sound Transit (Town Center IV). For some projects, a city can issue industrial revenue bonds or other tax-free municipal bonds. This also allows a city to joint venture with a private sector partners for appropriate development. In terms of indirect roles, a city can act as a facilitator to convene public and private entities to work on issues of local importance and reach consensus. Preparation of a comprehensive plan and Economic Development Strategy ' are examples of this important indirect action. A city can act as a representative of local residents' and business' interests in resolving regional and countywide problems such as traffic congestion, housing, and human service issues. A city can also mobilize local community support for important projects and problem solving; and work to improve the overall image of the community and in doing so, make the community more attractive for economic development. Lastly, a city's public investment in municipal facilities, such as city administrative offices, judicial/court facilities, community centers, and cultural and recreational venues can be a factor in inducing further economic development. By targeting a subarea for an infusion of redevelopment investment and daytime population, nearby businesses not only may see a greater captive market, but may also be encouraged to remodel, renovate, and/or improve their establishments. Cultural and recreational facilities, like the PAEC, or seasonal activities such as the Federal Way Farmers' Market can also have a wide range of economic impact, from simply attracting residents to a particular part of the city (e.g., city center) more frequently where they may patronize other businesses, to attracting visitors from around the region and country who will bring new revenue to the local economy through lodging, restaurant, and goods/services expenditures. IV-15 Ordinance No. 23- Page 27 of 38 Federai Way Cenreredon Opportunity Comprehensive Plan ESec—a .,Aq s. MI]gaLL.w 92)%T Kent Des Moines }Ai'!l.AKR FadFlf Ypq. YH 16001 t:if, Rl5 iac0 .M,.neanerwrAR. Paget Sound .r fir'' 1 f � - i1 : w 414. _:. 7 / Tacoma t �! c ..MW -.IMe.. ' prraxrFr yM• p Ilk 6mme FemN.Wdi wnW E ..� QMAu'nt RemlerV Pmuwm ;Ya_•— W� �.v �ommAm.e�AmnAAeo.m r+ - p � i SRedtl Condld—: n RaoLBonNSAJB �I Q ffaq.ws Courcn A�eenenl.iae, .,�, .. 1._.. lmeAnnw ABrneeAe Afis,ul -� - —. . RnelWen%M-113 _ p fReobeee eeurcAa rr Reweeom eeR111 e�aie�-zs]1B _r - o adwer..B Wa Q �..w .. IPo �q A .. Y � p eweaABr.em.Mna4:n -� � ... o �.ew,gBatB •� � j r ; � I � ; I m eY5 BBYB]S6.Y0656, { I•... Milton e m.AIB6s I iY�l Fife ` p � Edgewood --- --- ®i�' .I E T� ® Scale..��w.a. 0 0.25 0 5 1 .....wew.«M�.e� CITY GF Y Official Zoning Map � Federal Wa Centered an ❑pportuniry �'� •Tmo Ewem.flrlr npf ty.`]gsgn.q r2Yf3r pWe'wWlsn Kent Pugcl Sound Alailles.' V k....: . -1 - 74, ._,•� Tacoma r _ '., 0 Federal Way lanlnp Dealpnatl0n.: wMrys: -�, `�.-' �� r� [wn«eN lda. aW.Mowl R.ireerV Pnbaw .'3.t- '{ f _ -! ... BN-Nelm'beMoetl BueY�m DT-Dwmlwm NNttecWM [ "_t 1 �� 'CE-CommenvlDMryM. SPerW CPndld«IF: - _ NaedUselnr.. RweNtionaDS-e]B :`��—� F . LL-Gly Cmbr Con 0 C«rrllApwmenl �`-- _ je _cdyLards Fnn. RueMew NBY1]d.MYBY1Hl - -- if,E"OF I` :.�_. .I f MuhLFeMN 3m« RewNbn p05-113 _ _ �._ — � (�Rr.beeounilAy«mml .:'f'_. •T"' .... 'k i/ . 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N Federal N Way Map Dale: October 2023 City of Federal Way GIS DNla,on 33325 Sth Ave S Federal Way, WA 9B003 253-635-7000 wawa. cityaHederalvray.com SW Cam,, N �f SW 356th St Z . '?01 .. t7 114' cm City Limits ... Federal Way Potential Annexation Area Federal Way City Center Unincorporated Areas Neighboring Cities 5 Ge 6- Po S 336th St ,B ti > h s 5 348th Sty ul�� Q r N S > !}t; L t /!/r' l.uL,, a 4k CITY OF '� Federal Way Scale: a (]�{� (( T(� ]�Jn 0 0.5 1 JAMMPlan\2024 [Ipd i&e 4VanleV Cid(� nterMaps\CityCenterMaps.apnc Miles Federal Way t P.A.A. i Like l t Milton s, Edggw6d- d City Center Element This map is intended for use as a graphical representation. The City of Federal Way makes no warn rrff"INefitvaccuracy. City of IVI a p VI I -3 Map Date: October 2023 cityof Federal Way GIS ian Federal Way 333 5vllhA 33325 Blh Ave 5 City Center Land Use Designations Federal Way, WA 99003 Comprehensive Plan y g 253�3S7o°° w.vw.citycfrederalway.com lXr. u JI AM St 9.. rr ram) im P ❑ 13 G Vf/Fj a C L�kA" parr V P e ark' r"!i•'i�L7 si 3'.,J LAG �� ` � ��r� �r p 34h1G 05313 I� r; S 320tty St' 'D ❑ti Steel 3 95 Lake `� Park �l Eta o VMmart r�r a ■`Ya!/■■■/■■aarr 4. r Paviaione ■ CO) Centre ■. HIM -d • SI e ■ a > Plaza IN a Wr City Frame. = N a r r a a.",N.a.>wl!-a.aHarry S Timm N ■ Town Transit i High School 2+r Square Center '• ! !~ Park �a s a ■ a ■.l.a,a a >N,a.a.a a,a a,a�a! _ " CV a L ■ Gateway IL SeaTae i gl"a Center a Li Village City Corte r - ■ - r a � Celebrallor' r i s.fewy Ccnler Q The Commons at Federal Way 13 N — � q r�' �IIIIIII _ Celebration r Park �i City Center` illy City Center Core ' City Center Frame -� o Parks L� CITY OF Federal Way J:\complan\202a` vai(a? ri enler\CitWC nterMaps\CityCenterMaps.aprx 320th Park 324th 5t &Ride t 4 fn., cr�o saj rig La nag Cj �0 ti City Center Element This map is intended for use Scale: " as a graphical representation. o 500 1,000 The City of Federal Way makes Feet no warrd'rffV`aVt8fifVaccuracy. City of Federal Way Comprehensive Plan ® City Center Frame City Center Core �� " � aMa • nr r � 4; • � r—r � A �i _ •i✓ C R � rf'if 4T�i f 00 �. F.3 S rT. ,fir Mirror � as �{ Lake. r A" 3 Park t� Cc b e 0 "ir, :_51T a% A:14 @qr ll 4hi�ilt� S 320th St 1 � safeway Cl)Oft IL 7'4 C Celebration Park Land Use Designation Key IQ' Commercial Shopping centers, retail stores, restaurants, banks, hotels, health clubs, cinemas Map V1 I-4 Cityof Fedeerratl ober Way2023 GI Division Current Land Use Map 333 000 Ave S Federal Way, WA 98003 253-835--B3S7000 — city. ffederalway. com pI c�p33nSteel U f e !7 P'7clrr cIR r pia a - �� - C'Ti tGS7 � r� `L1 �� •C�• a r 1-a �jra�c Ci r_je_ 9 1 Lake tr a - � � _ S 312th' St �� v•a V5 _r•30 c� Pavillions Walmart —_ No• 4 1 Centre IYI � HHEside yr Plalr: > Q w I Ir Y M 1 M MM M ■1 ! Harry S Trum CO) Town Transit High School �. 1 Square Center , = v Park ei 1 Center dSeaTac Plaza Village Gateway Center 1 1 Celebration 1 Center i Q �■ The Commons at Federal Way M N, 1 324th St Multi -Family Apartments, condominiums, duplex, triplex, fourplex, and other group homes No Industrial = Office Manufacturing, assembly, warehouses, other Once buildings, office parks storage (including mini -storage) Institutional Open Space Cemeteries, government offices, fire stations, Public open space, private common hospitals, libraries, park and ride lots, postal areas, subdivision tracts facilities, schools (public and private) CITY OF .. Federal Way Scale: J:\complan\2024;["nyCedteriCityenterMaps\CityCenterMaps.apoc 320th Park & Ride 1, :Park Single Family City, State, and County parks and trails Single family detached homes ® Religious Services 16 Utilities All places of worship Sewage treatment plants, wells, electrical transmission facilities, utility easements, and telecommunications facilities Senior Housing Vacant Senior housing, assisted living,& All undeveloped parcels nursing homes 0 500 City Center Element aThis map is intended for use as a graphical representation. 1,000 The City of Federal Way makes i@ Feet no war4rrfffWt6fifVaccuracy. City of Map VI I-5 cityo Fedeerrcober all Way2023 '31Division Federal Way 33S 325 ath Ave 5 p Town Center Development Site 2Federal Way, 53-03 000WA5B043 Comprehensive Plan ww.vcltyoffederal—y— _,�^J .� Umrid 4A _ © City Center D ; City Center Core City Center Frame °;Ma` ? _' -� Steel Albertson's Lake !, Park S M: TH f.T - S MTH ST S - ffleid Lai., YYManan curter .: kl •c.8-Z: -FC H Mart _ assai ....! i i ■ ■ ■ iA ■ i _ Bam�• s U 24lleu i i Fh a-7 1.,~,T LL _ a ■ ..- ■ Hillside i Mrrrar reai Plaza J�ee Pavillions� Lake Centre h. Park 3 vacant J.Ann •e,y.,m. .a )G : "r'rf !K e,.:r• " ...... :.. ..:. r :� Harry S. Truman - r,.i..r ■ ■ ■ m r: _' iT'i*■ a a C ri` . ..�. ,- .- High School Best Buy Town ` • emu- recetu.lvc . d cnrrar ' _ ■ c1—r- Fedeni't!a`y $QUare Transit Cenic -•� ,..•. i - Park ■■■ia ii•wi■■i -_ PerSmart ■ til Dalary.,e`y ■ sua _ MPWes a "'— ■ Trader �',°a� T.J. Oulbaak y '' .� . o, "Y Me =' • Jo Center E-Mart Seek Maden Pal-d o H• _ Gateway A e -- SeaTaC = Plaza World Center a Pleri-- 9 Plaza Wendra Harbor w•:• Freight MM.—Villa o Rre umPaaa R d Black Imports Street Ain .. a Tods •ST320TH eei•R,s yv Brnk 7u. Lobster •- MFn Y• W. Angus RaF .' Ptsai 0TH ST ST S 320TH ST a�S + c 4 wr 320TH ST S 320TH S v.r• oeam "m"'® w Bahalo Rea WildWing. Panera i• Rite Aid ga Bead Ven°Pn R.O. Glnry- n Appiebees McGra[hs Fah H., Azteea ir uw wl nuanh P 'f Party oily � - wre.:-. ea. Celebration & °""''�` Safeway nu,haers Center `erne �v eryan� o. .• o��ll i Sears Famous • Suss " i Footwear Dlck6pertlnp Target g Teal sl .-- i Goods Kohl's .� mm, In Century • Macy's Theatres Federal Way/ > eme" i S 320th Street The Commons at Federal Way Park & R}de o•RHur s a F: �auak _ ., l •_. .r.C'�r7�(.,,• .. di ©I �i II MEN 4S_L.� . �. ..•.J-f� •. L•y. � • IZ" , 0. ; UP Celebration Park Shd urger w .-NIPS .1 ur...y �I s . U �.. Town Center Sites Town Center I Performing Arts and Event Center 2 Town Center II Town Square Park CITY OF Federal Way JAcomplan\2024_Update\C [i yCenleJrQCiry enlerMaps\CityCenterMaps,aprx g Town Center III 8-Acre Redevelopment Opportunity 4- Town Center IV Transit Station Garage Expansion City Center Element aThis map is intended for use Scale: N as a graphical representation. 0 500 1,000 The City of Federal Way makes Feet no warrYrrffV%WtBfiiOaccuracy. City of Map VI1-6 City of Fed—1 Waay2023 Federal Way =325I`ision W�n Boundaries of Planned Action SE PA 333255-7000 Comprehensive Plan Federal Way,WAaa003 253�357000 Y ww.v.utyofiede2lvray.com <} } i J } Q 01 lr : g 1 f' r, L ❑'a , la C �p i7 a v ¢ a r U r Pavillions CD 1 Centre �i �, u r� N rY,�Z:,• - - : [! L- r O np o C ic S' 312th St u �' r Wei N D n r F .0 r� a _—S 320th St" •r�'`"� . � lam' � ;:� : ; i--. I ' Celebration Park Celobralion Cenrar walmzd — — — r Hillside Plaza CP `- CW I Transk Sq erare Center - — P2]! G - Harry S. Truman High School C i_ y. s t �--•� - -v _ — ��___ • .� Gateway , SeaTae ti Center Vllage J LJ l • 5 - ' rr Q The Commons Federal Way [M ry I 3200t Park d Ride i` E�' lL �� 1�ff• Lr'xl�.ti �'�L� �_j u � Li � ' v i.-• c FP `a <` 4% CtTY OF Ak Federal Way J:\complan\2024_ilprlarlel i?gn"teRCidkrIterMaps\CityCenterMaps.aprx City Center Element aThis map is intended for use Scale: " as a graphical representation. 0 500 1,000 The City of Federal Way makes Feet no warrrifgy"AAWA8accuracy. Map Dat¢ October 2023 City of MapV -7 City of Federal Way GI S Division Federal Way 3333325 Blh Ave 5 The C o n c e t P l a n Federal Way, WA 99003 Comprehensive Plan 253-e35-7000 v+ v. cityoHederalway. com � Il -1 C rrr ❑Q •__ S 312th St to rD;j iz Mirror � � �j � �1• � Lake 7 '4 r,; `c� oc Park -� 6+ 33 ra Id z p'[3 pr: ? g0to6lVaa[bA0�� Ob£,�,47arllo�� 0 . ,.tam 32ath Sr W.Ii— r p co Steel i Q0 14• ° Lake Park Yavilfians Centre iiiilslda > Plau der a -Acne Redev. Harry S Truman dJ Town transy High School �+ 3 Square enter Park i1 I centrr PL°� I aj�j SoaToc Village I Center Crklirasian � � �• sar�.,r cr„�r�r fff a `i Emp \ I- Celebration Park s The Commons at Federal Wayfl 320th Park S 324th St &Ride;' L 4 4r�cy LaW�a [Spe{Z Q Existing Bicycle Route Transit Streetp�s. Planned Bicycle Route o Parks �° �I Potential Pedestrian Crossings City Center Core $fit ` M e. ^. Enhanced Street Network City Center Frame° w CITY OF Federal Way J:\complan\21124�iIj9a' ti y�CenteriCiLy�enterMaps\CityCenterMaps.aprx City Center Element a This map is intended for use Scale: N as a graphical representation. 0 500 1,000 The City of Federal Way makes 00%-_iiiJ Feet no warraRq&44d`1fR%ccuracy. City of Map V 1 1 8 Map Date: oralOctober 2023 City of Federal Way Federal Way 3 3Division 3325 Bth Ave S p Proposed Street Network Federal Way, WA 9e003 253-83S7000 Comprehensive Plan —citycffsderalvay.com �L r N u ~d�,,& Steel Ut.. Lake Park 312th S ] Walmart Pavillions Aak Centre 7Hillside > I--„_ -----� Plaza ! ] ! ! N ] ! Harry S Truman I High School ! — I LO ! Town7an, ! Square I 5 � Park f / I CenseraCenserr 320th Sti ---------------+ U) CcnlarThe Commons at Federal Way320th Park %Park r---&Rdc S 324th St---------- - { — Existing Streets City Center Core Proposed Streets City Center Frame �• Planned Street Improvements I= Parks CITY OF Federal Wa I = J:\cornplan\202A. _L;p�6 afeL� Ly CnlerlCily(! nterMaps\CityCenlerMaps.aprx 40 City Center Element aThis map is intended for use Scale: N as a graphical representation. o 500 1,000 The City of Federal Way makes Feet no warr"f"iid§accuracy. City of Map VII-9 Federal Way Potential Location of Public Spaces and Comprehensive Plan Pedestrian and Bicycle Connections r. a co W Error Lake Park 0000 /320th �l r: 3'12th I } Pavillions Centre G 7wC3 bcGrClr: Steel r „ -ji:.? ❑ Lake a p ter- ,n Park wafm�ls L . Hillside Plaza rJ7 Town 1�d175] Square �Bllf� Park Celebration safemy Center N �a t I�4.4 Map Date: October 2023 City ar Federal Way GIS Division 33325 ath Ave S Federal Way, WA 99003 253-935-7000 yr vw. cityoffederal—y. com 7; Q y.+ [V Harry S Truman High School Gateway SeaTac Plaza Center Village }% t13 Q The Commons at Federal Way I 20th Park 3k 8 Ride r th St 1 LJ Celebration ! Park "*Existing Bicycle Route Existing Streets Planned Bicycle Route o Parks — Existing Streets City Center Core �• Planned Streets City Center Frame & Potential Pedestrian Crossings Potential Public Space Locations w w CITY OF Federal Way Scale ��ll�( ryQ p 0 500 1,000 J:\complan\2024�1p�ste\a tlty�Cen ekCityenterMapS\CityCenterMaps.aprx Feet City Center Element This map is intended for use as a graphical representation. The City of Federal Way makes no warragi4g�s f&148accuracy. City of Federal Way Comprehensive Plan Map V [ I o Map Dale: October 2023 City of Federal Way GIS Dwia an 33121111 Ave S Potential Transit Alignments and Stops Federal Way, WA 911003 253-B3S7000 w ..cityoflederalxay.com U ?} L' 750 'rj t p aMn p Steel (hq11I 1-1 r' I l p',' ¢ L Lake Park o. o� IS p 312th St I m_—►----- --- -1�f�t1gC1�l;7 �, till; a t' 1 v� I waters i Ui — )EJ I .. _•� .� Gib?- i£4� I PCentre9 I Hl*side I N l� Laker y�y� , . v p� ryc I d `1 � Col Park uCPgy;02L Qf.2,71 I I I I _ I i1 7�r,�aQ. •'�C743c+� r'z .a�s�i.- � *FP..'] wl' II Transit >, I Center I, Censer :IR ► �"'',; . • ri 4, . �II �� I - • So'The .� Plaza I! 320th'St j ■ i . I 1 7 ❑ I _ pI say I _ I a li The Commons at redersl •tivr,y i1 tr Cr � � . •�. I 5_32�Fth St _ - � I Cel brkionPa �\ L9 Igo�a p I 1-4 I= Parks City Center Core City Center Frame Potential HCT Station Locations Potential Transit Stop Potential Transit Routes Potential HCT Alignment (2 Alternatives) CITY OF 4% lla Federal Way JAcomplan\2024911 daid( [yr enier\CitWenterMaps\CityCenterMaps.aprx El L n Pe n City Center Element a This map is intended for use Scale: " as a graphical representation. o 500 1,000 The City of Federal Way makes Feet no warraflg9,hA&Q8accuracy. COUNCIL MEETING DATE: November 21, 2023 ITEM #: 8C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: CODE AMENDMENTS RELATING TO CITY CENTER -CORE AND CITY CENTER - FRAME POLICY QUESTION: Should the City Council amend Title 19 to include updated development standards to better reflect the urban vision desired for the City Center and downtown? COMMITTEE: Land Use & Transportation MEETING DATE: November 6, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, AlCP, CEcD W DEPT: Community Development Attachments: 1. Staff Report fl pt�C� 1� l to I W1, %, Cj�R�E k f f 2. Lt�rr �`t Mar�oNa, ��r ?-fc Options Considered: ordl (We C, 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ❑ DIRECTOR APPROVAL: W10.27.23 • (:oa Ill tee C ncil Initial/Date Initial Dat Initial Da COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on November 21, 2023. --%— Chair Committee Member Comiifittee Member COUNCIL MOTION(S): FIRST READING OF ORDINANCE (11/21/23): "I move to forward the proposed ordinance to the December 5, 2023 Council Meetingfor second reading and enactment. " SECOND READING OF ORDINANCE (12/5/23): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading L"rABLEDIDEFERREDINO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ,� ORDINANCE # SED — I 1/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 10, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director Ala - Chaney Skadsen, Senior Planner SUBJECT: Delineation of Downtown Overlay Baekitro_und_& Rationale An overlay district, sometimes referred to as an overlay zone, is a geographic zoning district layered on top of another, existing zoning district. Overlays are typically utilized to protect a specific resource (like the view of Mount Rainier), or guide specifics of development (Architectural guidelines) within a special area (like Federal Way's Downtown). Similar to other zoning regulations, overlay districts can control building codes and urban design, permitted land use, density, and other factors. An overlay allows the City to set development regulations that can be used to allow for a particular part of the city to develop in a different way than areas outside of the overlay. For Federal Way, the intent of the downtown overlay is to begin to develop an identifiable area that the community can identify with as "downtown". While it's unrealistic to expect all redevelopment in the City Center in the next 10-years to be mixed -use with activated ground floor uses, the overlay provides a tool for building synergy between properties that are redeveloping, establishing a recognizable character, and giving the community something to point to when asked "Where is Downtown Federal Way?" Although staff have proposed a recommendation for the boundary of downtown, this boundary can evolve over the years, adding properties that wish to be included in the downtown neighborhood. These future requests for inclusion in downtown will be a testimony to the City's success in creating an area of the City that properties want to be associated with. This market demand does not exist today. However, as the City sees TC-3 redevelop, the Sound Transit surplus properties redevelop, Hillside Plaza redevelop, and the Commons redevelop, other property owners in the City Center will realize the value of new investment and the City Center as a whole will benefit. LUTC Summary: The 2023 annual Comprehensive Plan amendments were presented to the Land Use & Transportation Committee on Monday, 6 November 2023. One of the proposed amendments included delineating Downtown Federal Way. Aside from some Downtown -specific Goals and Policies that would apply to the properties located within the delineated area, there are corresponding code provisions that would apply to these properties as well. Rev. 6/2020 Page 2 As the Committee and Councilmembers in attendance considered the map, there were a number of questions regarding the delineation and why certain properties were not included within the delineated area. Following a brief response by staff, it was agreed an Options analysis would be provided to the Council in advance of this agenda item being considered on November 21, 2023. 3 Options for Consideration: During the presentation at LUTC, there were suggestions for incorporating additional properties into the Downtown area. Based on those suggestions, there are 3 options presented for Council consideration. . . . . . ...... `� � - . r '.:;::�"tom- :� r .. r r� -. —�' • r., *OR-1-11 U a Page 4 Com arison Table Option 1 Option 2 Option 3 Acres 124 acres 181 acres 198 acres # Property Owners 8 20 26 Zoning CC-c CC-c CC-c & CC-f % of area likely to redevelop in next 10 years 1 85% 65% 64% Some other Downtowns in the area: Redmond: 550 acres Bellevue: 410 acres Kent: 230 acres Auburn: 105 acres Issaquah: 65 acres Renton: 63 acres Kirkland: Not defined (part of Norkirk & Moss Bay neighborhoods) These comparisons are provided to demonstrate to the City Council that there are a number of approaches adopted by other cities in the County, including not delineating downtown. There is not a right and wrong answer to how big our downtown area should be. The decision should be based on the value proposition of what is added by including other properties in the downtown. The following discussion of each Option is intended to help the Council evaluate this question. Option 1 Option 1 was selected by Planning staff for the following primary reasons: 1. Staff engaged with Merlone Geier, Rosen and Harbottle, and Sound Transit to discuss and explain the proposed code amendments and having their properties located in Downtown. There was support from all of these property owners to be located in Downtown. (Staff attempted to connect with Mark MacDonald, owner of Center Plaza, but did not connect). 2. Although cities' downtowns vary in size, staff believe having a downtown focused on a "Main Street" provides a model that fits with Federal Way. 21" Avenue S could be transformed into the City's Main Street (especially with the 320th Street Dip — also see #5 below). Downtowns oriented on a "Main Street" include Renton, Auburn, Issaquah (Front Street) and tend to be smaller in size. 3. There is a majority of properties located in this Option committed to investment in our Downtown (see comparison table last row). Concentrating the overlay around the light rail station and these properties with near -term redevelopment interest ensures a focused effort with the highest potential for immediate impact. This targeted approach optimizes resource allocation, expediting a visible transformation towards an activated, walkable, and enhanced urban environment. 4. Looking at the streets that divide this area (S 314th Street, S 316th Street, S 320th Street, and 215t Ave S), only S 320th Street poses a significant barrier for pedestrians and bicyclists. If the City is able to provide an at -grade crossing of S 320th Street at 21s' Avenue S, this entire area will be very walkable and bikeable. 5. • Since 21 St Avenue S does not have any properties or businesses addressed off of it, it could be renamed relatively easily. Page 5 Property Owners: City of Federal Way (TC-3, Town Square Park, PEAL, Grand Staircase), Rosen Harbottle (Hillside Plaza), Sound Transit (surplus property), Senior City LP, Center Plaza, Jon Hanna (Taco Time), Merlone Geier (the Commons), JP Morgan Chase Properties not expected to redevelop in next 10 years: Senior City LP, Center Plaza, Jon Hanna (Taco Time), JP Morgan Chase Option 2 Option 2 is Option 1 with the addition of SeaTac Village, La Quinta, Traditions, and a handful of smaller parcels located along Pacific Highway S. The reasons for not including these properties: 1. SeaTac Village is a high -functioning retail center. Although much of the property is devoted to surface parking, it is unlikely this center will redevelop in the next 10 years. 2. Traditions is newly built (2020) and represents a density of structure that we are looking for in our Downtown. However, Traditions was allowed to build with no engagement to the sidewalk along PVR (see below). This does not 1. 3. La Quinta recently (2019) invested in a renovation/remodel. As with Traditions, the hotel is dramatically removed from the streetscape by site grade and landscaping setback. Page 6 4. As for the properties that face Pacific Highway S, these properties are small and benefit from the regional nature of this arterial roadway. Some of these properties will likely redevelop in the near future. However, they will likely remain oriented to the vehicular traffic on Pacific Highway S. Property Owners: Same as Option 1 + Seatac Village Shopping Center (Trader Joe's), Commercial Net Lease (Harbor Freight), Fed Pac, LLC (Batteries + Bulbs), Traditions (retirement community), Trimark (La Quinta Hotel), Qualstar Credit Union, Western Palaside, Rheki FW (Car Toys), PSE, Bethany Investment, Thy Choi Family, Wa Fed Properties not expected to redevelop in next 10 yejgs: Same as Option 1 + Sea Tac Village, Commercial Net Lease, Traditions, Trimark, PSE, Thy Choi Family Additional Actions Modifying the boundary to Option 2 would require the amendment be reheard by the Planning Commission. Option 3 Option 3 is Option 2 and includes the currently -vacant Home & Home store. Although the vacant Home & Home and the Walmart surface parking lot seem to be ready for redevelopment, those property owners have not made similar verbal commitments as those represented by Option 1. City staff have reached out a number of times to Broadway-32nd Street Realty (they are located in New York), owner of Home & Home, and have been unsuccessful in connecting with the property owner. Staff have reached out to Walmart on the surface parking lot, and are hoping to continue conversations regarding this property. Property Owners: Same as Option 2 + Walmart (surface lot), Hong Luen (Korean Palace), Broadway-32nd St (Home & Home), Lie Tien, EJL Corporation, Haney Company Investments (Elephant Car Wash) Properties not expected to redevelop in next 10 years: Same as Option 2 + Hong Luen, Lie Tien, EJL Corp Additional Actions Page 7 1. Modifying the boundary to Option 3 would require the amendment be reheard by the Planning Commission. 2. Rezone those properties that are currently CC-f to CC-c. Recommendation Staff recommendation is to retain Option 1; or, to approve Option 1 and request staff to reach out to property owners pf properties included in Options 2 or 3 to gain their support for being included in Downtown. Based on that outreach, potentially bring back a revised configuration for Downtown with the periodic update in 2024. Merlone 4365 Executive Drive Tel: 858 259 9909 Suite 1400 Fax: 858 259 8886 Partners San Diego, CA 92121 November 13, 2023 City Council City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Email: Council@cityoffederalway.com RE: Downtown Architectural Overlay - Commons at Federal Way Dear Mayor and Councilmembers: VIA EMAIL As you know, Merlone Geier Partners owns the Commons at Federal Way ("Commons at Federal Way") in the heart of the future City Center. Following up on my comments to the Council at the November 61h Land Use and Transportation Commission meeting, Merlone Geier share the City's vision for redevelopment of the Commons at Federal Way into a transit -oriented community with pedestrian connections, open spaces and plazas, vibrant retailers, and a variety of housing options. Merlone Geier supports the proposed updates to the City Center development standards. However, Merlone Geier respectfully asks that the City Council exclude the Commons at Federal Way from the new Downtown architectural overlay proposed in Federal Way Revised Code 19.115.090(5). The architectural style of any redevelopment of the Commons at Federal Way should begoverned site -specific design guidelines that will be negotiated in a development agreement. Merlone Geier has a demonstrated commitment to high -quality design. We recently signed similar agreements for centers in Lynnwood and Shoreline that included site - specific design guidelines. In Lynwood, the Northline Village rp olect is redeveloping the existing Lynnwood Square shopping center including nearly 1,400 apartment homes, 500,000 s.f. of office, and 250,000 s.f. of retail and open space near Lynwood City Center and the Northgate light rail. Northline Village's site -specific development guidelines are enclosed. Exhibit A. MerloneGeier Partners 4365 Executive Drive Tel: 858 / 259 / 9909 Suite 1400 Fax: 858 / 259 / 8886 San Diego, CA 92121 In Shoreline, Merlone Geier's Shoreline Place redevelopment is transforming an old shopping center with nearly 1,500 multifamily residences, more than 56,000 s.f. of retail and vibrant open spaces. Again, in Shoreline Place, Merlone Geier committed to superior design standards through the development agreement. Shoreline Place's site -specific design guidelines are enclosed. Exhibit B. As you can see, Merlone Geier is committed to high -quality design guidelines because they help us recruit and retain retail tenants and multifamily residential development. Predictable design guidelines also provide certainty over the course of what will be a multi -decade redevelopment process. Relying on the general design overlay, which does not provide the same level of details as the Shoreline Place or Northline Village site -specific design guidelines, and are subject to future amendments, is a disincentive. We believe that the Commons at Federal Way should follow the successful models we used with the Northline Village and Shoreline Place development agreements. We appreciate the City staff's work on proposed City Center amendments. Since Merlone Geier is committed to implementing excellent design for the Commons at Federal Way, we ask you to exclude the site from the new Downtown architectural overiav ArcDosed at DroDosed in Federal Way Revised Code 19.115.090(5). The City Center Code should be amended to provide that the architectural design guidelines for the Commons at Federal Way shall be adopted through a development agreement that provides for specific, high -quality standards for a full redevelopment. MerloneGeier 4365 Executive Drive Tel: 858 / 259 / 9909 Suite 1400 Fax: 858 / 259 / 8886 Partners San Diego, GA 92121 1 am happy to discuss this further if you have any questions. Respectfully, Qmas Gwilliam Managing Director Merlone Geier Partners 1326 EXHIBIT A 1327 NORTHLINE VILLAGE DESIGN GUIDELINES 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 -34- 51411639.11 1 Exhibit F: Supplemental Site Design Guidelines 2 I. Parks and Public Space improvements Overview 3 The Parks and Public Space Improvements are depicted in the Conceptual Guide Plan, Exhibit C-21-27; 4 29 to the Agreement, to function as publicly accessible spaces that are privately owned and maintained. 5 The Parks and Public Space Improvements are intended to support the goals described in the Parks Master 6 Plans under a revised approach from a single park location to a system consisting of several public spaces. 7 This approach is to provide a series of park and public spaces that include multiple urban -scale parks and 8 public spaces including features and programming elements for public use and enjoyment. Incorporated 9 into this system are lawn areas for summer picnics and movies, plazas and promenades skirting 10 restaurants and retail shops, comfortable pedestrian amenities and creative landscape and hardscape 11 elements. 12 The following supplemental design guidelines are established to aid review of the Project Entitlement 13 Application for design of the two different types of Parks and Public Space Improvements: Park Spaces 14 (Village Green and Pocket Oasis) and the Public Spaces (Festival Street, Enhanced Streetscape and Entry 15 Plazas). Park Spaces Public Space Village Green 0.68 acres Festival Street 0.51dacres Pocket Oasis 0.52 acres Enhanced Streetsca a 0.63 Entry Plazas 0.49 Sub - Total 1.20 acres Sub - Total 1.63Total 2.83 16 17 The total Park Spaces shall be a minimum of 1.20 acres and total Public Space shall include 18 approximately 1.63 acres as depicted in the Conceptual Guide Plan. The Park Spaces (Village Green and 19 Pocket Oasis) shall be required and shall include the distinct characteristics related to each specific use as 20 described below in these Supplemental Site Design Guidelines (SSDG). 21 The SSDG articulates for each portion of the Park Spaces and Public Space Improvements: 1) a list of 22 basic design elements that are required to be incorporated; and 2) a menu of additional design elements 23 from which the Owner will select a defined subset to incorporate, in Owner's sole discretion. 24 II. Reguirements of Park Spaces: 25 The Parks Spaces shall be designed for functionality and accessibility with commercial grade 26 hardscaping, fixtures and playground equipment which shall be selected by the process outlined herein. 27 A. Parks Elements 28 (1) Village Green: The Village Green will provide for informal recreation use as well as more prescribed 29 uses (i.e. festivals, community gatherings, concerts and similar event opportunities). 30 The following Village Green design elements must be provided: Required Characteristics Metric — a. Minimum Size No less than 29,400 square feet (sf. b. Location Generally as shown on Lot C of Exhibit D c. Edges to Buildings Activated ground floor uses including retail, restaurants and other active uses. Residential uses such as lobbies or stoops are disfavored adjacent to Village Green but may be allowed if they are designed to provide active engagement with pedestrian realm. d. Programmable hardsca e open sace Minimum of 3,000 sf. e. Benches / integral seating Shall provide seating for 30 people minimum throughout the Village Green Inte al seating shall be at least 15" in height. f. Lawn Area Minimum of 10,000 sf. g. Integrated lighting (example) Achieve at least 0.5-foot candles throughout the Village Green h. Pedestrian scale light fixtures 1 fixture per 50 lineal feet (If.) along paths i. Varied paving patterns in pedestrian Village Green to comply with Streetscape pathways and plaza Standards as component of the Development Regulations j. Street trees and landscaping; Village Green to comply with Streetscape Standards as component of the Development Regulations k. Widened Sidewalks and pathways Minimum 8 ft. width 1. Splash pad/water play area Minimum size of 300 sf. in. Public Restroom At least one (1) all gender restroom provided immediately adjacent to Village Green. n. Pavilion: A pavilion, gazebo or pergola 1. Minimum of 600 square feet (floor surface) structure ("Pavilion") shall be constructed 2. At least 2 electrical outlets with one within the Village Green. This is to be a supplying at least 220 volts of power distinctive park structure that may be used as 3. A hard -surfaced raised platform that can a covered picnic space, performance area, or serve as a stage a venue for recreational programming such as 4. Covered roof which at a minimum provides concerts, movies in the park, and other protection from the elements performances. 5. Capabilities for video projection; and 6. Rigging for stage curtains, lighting, or decoration The Pavilion shall be designed to be: 7. Multi -use; and 8. Complementary in architecture to the surrounding development Other features that may be incorporated at Owner's discretion, including but not limited to: o. Enhanced moveable furniture p. A deciduous tree canopy that provides solar access in winter and shade in summer 31 32 B. Pocket Oasis: The Pocket Oasis will have a park -like character and allow for active play, 33 seating and comfortable enjoyment as well as an enclosed dog park. The following Pocket Oasis design 34 elements must be provided: Minimum Characteristics Metric a. Minimum Size No less than 22,600 sf. b. Location Generally as shown on Lot B of Exhibit D c. Enclosed Dog Park Minimum of 2,500 sf. with a minimum one 1) water source for dogs d. Play Area Minimum of one (1) play structure consistent with Parks Department standards such as being geared to ages 5-12 years and accommodating a minimum number of 20 users. e. Benches and Seating Shall provide seating for 40 people minimum throughout the Pocket Oasis. Integral seating shall be at least 15" in height. f. Varied Canopy of At full maturity, canopy should reach a minimum of 15% coverage of Trees the site with a mixture of native conifers and deciduous. (Can be reduced sub 'ect to a future 198' Street SW extension g. Animal clean up At minimum, 1 station per entrance to enclosed dog park. station with trash h. Fountain A minimum of one 1 drinking fountain. i. Integrated li hting Achieve at least 0.5-foot candles throughout the Pocket Oasis ' At least two of the following additional design elements for inclusion at Owner's sole discretion: j. Pedestrian Minimum width of 6 ft width path/ramping walkway k. Dog park equipment To be reviewed and approved pursuant to Section 4 of the Agreement such as obstacle with corresponding Project Entitlement Application course; 1. Integral color Continuous extension of Festival Street Design in width and character. concrete paving. m. Enlarged Enclosed Additional 1,500 sf. (or more) provided contiguous to Enclosed Dog Dog Park Park At least one of the following additional design elements for inclusion at Owner's sole discretion: n. Water Feature To be reviewed and approved pursuant to Section 4 of the Agreement with corresponding Project Entitlement Application. o. Art installation To be reviewed and approved pursuant to Section 4 of the Agreement with corresponding Project Entitlement Application except any art installation shall be presented to the Arts Commission for its review and comment. Other features that may be incorporated at Owner's discretion, including but not limited to: p. Enhanced landscape areas in addition to required landscape buffer; q. Enhanced moveable furniture; r. Enhanced pedestrian lighting. 35 36 C. Public Space Element 37 (3) Festival Street (198" Street SW between 45" Avenue and 46`h Avenue): The Festival Street will 38 serve residents, visitors, and pedestrians as a web knitting the site together through a series of spaces 39 allowing for moments of leisure and special events such as farmer's markets and street festivals. The 40 following Festival Street elements must be provided to implement the Conceptual Guide Plan: Minimum Characteristics Metric a. Minimum Size & Generally as shown on Lots F and B of Exhibit D Phased Onsite Location and Offsite Improvement Plan. b. Flush Curb OR Raised Sidewalk design level with street separated by paving change such Woonerf-Style Street as integrated brick or stamped concrete. Use of truncated domes should be minimized to crossing locations only or as required by ADA. c. Paved Pedestrian Minimum width of 10 ft. along Festival Street Walkways d. Building Edges Activated ground floor uses (e.g. retail, residential lobbies and amenity spaces, townhomes with stoops) that respond to the Festival Street and encourage pedestrian activity and "spill -out" interactions with Festival Street users. e. Benches/integral Shall provide seating for at least 20 people throughout Festival seating Street. Irate al seatin shall be at least 15" in hei ht. f. Pedestrian Lighting Achieve at least 0.5-foot candles throughout the Festival Street and ade uate lighting for vehicular traffic Refer to Streetscape Standards g. Landscaping Other features that may be incorporated at Owner's discretion, including but not limited to: h. Enhanced trash receptacles i. Enhanced pedestrian lighting j. A deciduous tree canopy that provides solar access in winter and shade in summer. k. Wayfinding Signs 41 42 III. Parks and Puh]ic Snace Review Process 43 Owner or its assignee agrees to construct the Parks and Public Space Improvements as shown in Exhibit 44 D — Phased Onsite and Offsite Improvements Plan as privately maintained space that is available for 45 public access and enjoyment subject to rules and regulations for conduct as set forth in the Agreement as 46 Exhibit G — Draft Parks O&M Plan. 47 The Owner shall present the proposed Parks and Public Spaces Improvements with each corresponding 48 Project Entitlement Application as provided in Section 4 of the Agreement, including a presentation to the 49 Parks and Recreation Board for its review and comment in its advisory capacity prior to a PDR decision. 50 The Owner may, in its sole discretion, conduct additional voluntary outreach to the community, including 51 requesting additional opportunities to present to the Parks and Recreation Board for additional feedback. 52 While only a minimum number of design elements listed in Section II above shall be required, the Owner 53 may propose as many of the design elements as may be feasible to create a unique sense of place that will 4 54 enhance the probability of success for the Project. The ultimate design of the Parks and Public Space 55 Improvements will be reviewed through the corresponding PDR for Project or Project -phases. 56 In the event of a conflict between the Development Regulations and the SSDG for a Project -phase, the 57 SSDG shall control. 58 Owner shall. be responsible for maintenance and operations of the Parks and Open Space consistent with 59 the framework of an Operations and Maintenance Plan, Exhibit G of this Agreement. 60 5 EXHIBIT B SHORELINE PLACE DESIGN GUIDELINES Shoreline Place — Supplemental Site Design Guidelines On December 21, 2018, Merlone Geier Partners ("Developer") submitted a Conceptual Guide Plan to be approved along with a Development Agreement ("DA"). The Development Agreement offers flexibility on the ultimate configuration and design of the Project as the phasing progresses. The City has expressed support for the site design and associated design elements depicted in the Conceptual Guide Plan. To provide assurances to the City relative to the quality of design that will result in the final plans, Developer has prepared the following Supplemental Site Design Guidelines ("SSDG"). The Conceptual Guide Plan and DA include modifications to land use standards to certain listed City Development Code standards in Attachment A, Exhibit 2 (J). All other aspects of the Project will meet the City's Development Code at the time of each development permit application. Each building and associated landscape/hardscape plan will be reviewed for compliance, with the Shoreline Municipal Code (SMC) Title 20 Subchapter 4 - Commercial Zone Design standards as they may be modified by the DA, the Conceptual Guide Plan and the SSDG as part of permitting. The SSDG articulates for each portion of the Open Space System: 1) a list of basic design elements that will be incorporated; and 2) a menu of additional design elements from which the developer will select a defined subset to incorporate. As provided in the DA the Parties acknowledge that certain project components, as listed below, are priorities the City has identified for the realization of the Aurora Square Community Renewal Area ("CRA") Plan. The Parties also acknowledge that Developer requires the ability to make decisions related to timing and final configuration of the Project Components to ensure their development goals are also achieved. The following is intended to provide a high-level overview of the Project Components, all of which have been further identified and depicted in the Conceptual Guide Plan included as an exhibit to the Development Agreement that has incorporated these priorities. Conceptual Guide Plan - Site Desien and Open Space Overview The Shoreline Place Open Space System is depicted in the Conceptual Guide Plan (pages 36 and 94) and refined in Exhibit 2(E) to the DA and is intended to support the goals described in the City of Shoreline's Parks, Recreation and Open Space Plan ("PROS Plan") as well as the CRA and comply with the City's Development Code. The site's series of publicly -accessible spaces include multiple neighborhood -scale open spaces and connections to adjacent developments and the nearby Interurban Trail. Incorporated into this system are lawn areas for summer picnics and movies, plazas and promenades skirting restaurants and retail shops, comfortable pedestrian amenities and creative landscape and hardscape elements - all in the 1 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines support of Shoreline's PROS Plan, the CRA and in compliance with the Development Code standards to provide quality open space in the community. While the final site and open space design will evolve during the Project's vesting period based on market preferences and tenant mix, the design at Shoreline Place will include various publicly -accessible open spaces (the "Open Space System") generally as depicted on Exhibit 2 (E). The Open Space System and associated minimum required and optional design elements are provided below. While only a minimum number of design elements listed in each section will be required, the Project may propose as many of the design elements as may be feasible to create a unique sense of place that will enhance the probability of success for the Project. Open Space As a condition of the Development Agreement, Developer or its assignee agrees to construct the Open Space System. Developer or its assignee agrees to record a covenant or other legally binding provisions mutually agreed upon by the Developer and the City to assure that the following components of the Open Space System are open and accessible to the public subject to a reasonable set of rules and regulations which shall be determined through the related Site Development Permit: the Community Open Space, Central Plaza, the Westminster Way Plaza, and Westminster Way N. Enhanced Connection. The exact location of these open space components will be mutually defined on a phase -by -phase basis over the term of the Project. The Open Space System will provide pedestrian access to Westminster Way N., N. 160th Street, Central Market and other adjacent properties. Developer shall be responsible for the maintenance and operation of the Open Space System. The Open Space System will include a central plaza, a plaza adjacent to Westminster Way N., public gathering spaces, natural playscapes, a community open space, residential amenity spaces, and interior pedestrian connections/walking/biking paths. Open Spaces Overview o The total area of open space shall substantially match the total area for the Open Space System depicted in Exhibit 2(E) and the minimum square feet of multifamily open space and public places for the Project as defined in the City of Shoreline Development Code. o Open spaces shall include the following four (4) areas with distinct characteristics related to their intended uses and the Westminster Way N. Enhanced Connection. (1) Central Plaza (West and East Plazas combined): The Central Plaza space will provide for informal active and passive recreation as well as more prescribed uses (i.e. festivals, community gathering, concerts and other event staging). The Central Plaza will contain a minimum of 2 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines 10,000 SF. The following design elements must be provided to implement the Conceptual Guide Plan: a) Programmable open space - minimum 2,500 SF. b) Benches/integral seating. c) Integrated lighting. d) Pedestrian -scale light poles. e) Varied paving patterns, in pedestrian pathways and plaza. f) Required street trees. g) Lawn area - minimum 1,800 SF. h) Widened sidewalks and pathways (minimum 8'-0" width) that accommodate movement in both directions. i) Public art as a stand-alone feature or incorporated throughout the plaza. Select at least one of the following design elements for inclusion in the Central Plaza: a) Water feature. b) Retail kiosk 25 FT max height with four-sided architecture. c) Outdoor dining area. d) Movable furniture. e) A deciduous tree canopy that provides solar access in winter and shade in summer. (2) Community Open Space: The Community Open Space will have a park -like character and allow for active play and lounging and act as a pedestrian gateway from the more residential upper areas of the site to the retail core. The Community Open Space will contain a minimum of 10,000 SF of open space. A minimum of five of the following must be provided to implement the Conceptual Guide Plan: a) Pedestrian path/ramping walkway. b) Benches/integral seating. c) A varied canopy of trees in addition to trees required for screening. d) Enhanced landscape areas in addition to required landscape buffer. e) Educational signage. f) Enhanced trash receptacles. g) Enhanced lighting. h) Integral color concrete paving. i) Wayfinding signage. A minimum of one of the following must be provided to implement the Conceptual Guide Plan: a) Children's active play area- minimum 1,000 SF. 3 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines b) Fenced dog run/off-leash area - minimum 2,500 SF. c) Lawn area - minimum 5,000 SF. d) Amphitheater/outdoor stage. e) Water feature. (3) Pedestrian Shared Street (N. 1561h Street between Blocks B and D): This path will serve residents, visitors, pedestrians and cyclists as a web knitting the site together through a series of spaces allowing for moments of active and passive recreation. The following design elements must be provided to implement the Conceptual Guide Plan: a) Roadway space that can be closed off for events such as a farmer's market/festival use — minimum 6,000 SF with: i. Flush curb condition. ii. Tactile paving strip at roadway edges at non -crossing locations. iii. Bollards at roadway edges. b) Paved pedestrian walkways at a minimum of 8'-0" wide that comply with applicable accessibility requirements. c) Connections to adjacent buildings. d) Enhanced wayfmding signage. A minimum of two of the following must be provided to implement the Conceptual Guide Plan: a) Stoops/patios at adjacent residential facades. b) Specialty paving. c) Paving pattern that carries into the roadway. d) Integral color concrete paving. e) Enhanced trash receptacles. f) Enhanced Lighting. g) Benches/integral seating. h) A deciduous tree canopy that provides solar access in winter and shade in summer. ffi. Westminster Way N. Enhanced Connection The City has identified Westminster Way N. as a key component of the CRA and, in connection with the Alexan project, is investing City resources towards the creation of a more pedestrian friendly environment. The City would like to see the Project leverage the investments on Westminster Way N. by: enhancing landscaping within the Westminster Way N. right-of-way; providing for enhanced pedestrian connections; and introducing gathering areas and retail spaces within the buildings along Westminster Way N. 4 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines (1) Westminster Way N. Enhanced Connection: The Site design will contribute to a system of connected open spaces to and from Westminster Way with pedestrian gateways at Westminster Way N and N. 157th Street, Westminster Way N. and N. 155th Street, and midblock at Westminster Way N. & N. 156th Street (as found in Conceptual Guide Plan p. 32). Design assurances will be satisfied through the implementation of all the following design elements: a) Enhanced wayfinding signage. b) Pedestrian paths at a minimum width of 8'-0" connecting to the Project's Open Spaces. c) Tie into the mid -block pedestrian crossing (Conceptual Guide Plan p. 34-35). d) Pedestrian building or site entries adjacent to N. 155th, N. 157th, Street A and Street B. e) Retail terraces with visual connections to Westminster Way N. f) Bicycle racks. One of the following must be provided to implement the Conceptual Guide Plan: a) Benches/integral seating on Property. b) Stoops /patios at adjacent residential facades. c) Accent trees in addition to Westminster Street Tree plan. d) Additional planting strip width (greater than 5'-0") in right-of-way. e) Planting buffer (4'-0" minimum width) on Property. f) One or more stairway connections to and from Westminster Way N. Pedestrian Oriented Design: The Conceptual Guide Plan includes motorized and non - motorized access and connections through the Project such as pathways, promenades and park- like streets and associated connections to adjacent multi -modal roads, trails and paths. The following design elements must be provided to implement the Conceptual Guide Plan: a) Widened sidewalks and pathways (minimum 8'-0" width) that accommodate movement in both directions. b) Bicycle racks. c) Pedestrian scale light poles. d) Wayfinding signage. Three of the following must be provided to implement the Conceptual Guide Plan: a) A varied canopy of trees in addition to required street trees. b) Varied paving patterns that highlight pedestrian and bicycle circulation. c) Benches/integral seating. d) Stoops/patios at adjacent residential facades. e) Flush curb conditions. f) Crosswalks with specialty paving. 5 Shoreline Place Development Agreement Exhibit F - Supplemental Site Design Guidelines g) Paving patterns that carry into roadways. h) Paving material changes at parking areas. i) Bollards or planter strips at roadway edges. j) Tactile paving strips at roadway edges at non -crossing locations. Commercial Retail and Restaurants and Westminster Way Plaza: The Conceptual Guide Plan provides for commercial, retail, and restaurant space, with the first phase including approximately 17,000 square feet of commercial space for a cafe, brew pub, restaurants and dessert shops subject to market demand clustered around the Open Space System and connecting to Westminster Way N. Freestanding Commercial Retail and Restaurant Building Design (the buildings in the E Block): The design of these buildings and the associated site work shall include all of the following: a) Building edges shall respond to the pedestrian environment in an engaging way. b) Building entries shall be prominently located such that they are obvious, identifiable, and distinctive with clear lines of sight and lobbies visually connected to the street or internal drives. (Conceptual Guide Plan p. 33). c) Encourage ground level uses that engage the adjacent pedestrian activity. d) Provide generous sidewalk widths of 8'-16' to create spaces at street level for pedestrian activity (Conceptual Guide Plan pp. 98, 100). e) Lighting around building perimeters supporting engagement into the evening. f) Building mass reduction achieved through a combination of the following: offsets, step -backs, broken roof lines, special cornice, material change, layering, building elements (window fins, entries, awnings, balconies, etc.) and landscaping. g) Ground floors may incorporate durable materials with a fine grain and tactility . along with human -scaled design details. h) A minimum of 5,000 SF of open space. 0 CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Director OPL- SUBJECT: Code amendments relating to City Center -Core and City Center -Frame Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: The City periodically proposes amendments to the City Code to keep the code relevant and up to date with changing conditions. The proposed code revisions are necessary to: 1. Make changes to CC-C code to clarify & better implement updated Goals & Policies. . 2. Create the Downtown overlay & add new architectural guidelines. 3. Make changes to note regarding spas in CC-C and CC-F. Procedural Summary+:. , 6/2/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (23-100435-SE) 6/2/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 6/16/23: End of SEPA Comment Period 7/7/23: End of SEPA Appeal Period 7/18/23: SEPA Addendum 10/4/23: Planning Commission Public Hearing 11/6/23: LUTC Council Committee 11/21/23: City Council 1st Reading (anticipated date) 12/5/23: City Council '2nd Reading (anticipated date) Public Comment The City received verbal comments from Intracorp and Matt Roewe. These comments requested the City increase the maximum residential density from 150 units per acre to 230 units per acre. The City agreed with those comments and have included the higher number in the proposed code amendments. Rev. 7/18 The City also received comments from Merlone Geier (see Attachment 1). The City provided responses to Merlone Geier (see Attachment 2). The City also received comments from Celebration Center after the Hearing (see Attachment 3). Planning Commission Recommendation: The Planning Commission conducted a public hearing on October 4, 2023. There were no public comments regarding the proposed code amendments provided at the public hearing. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission recommended approval of the proposed code amendments with a suggested revision removing the 2,000 square foot limitation on spas and waterparks. Decision Criteria: FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. Staff Response: The proposed FWRC text amendments have been drafted as implementing actions for the proposed Goals and Policies changes that were reviewed as part of the 2023 annual Comprehensive Plan amendments. The code amendments are also consistent with Section 7.6 Vision Statement, of Chapter 7 (City Center) of the Comprehensive Plan. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. Staff Response: The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the amendments raise the bar for redevelopment of properties in the City Center core requiring a greater level of investment. It is believed the higher development standards will vastly improve the status and value of the City Center, which may stimulate the local economy, attract tourists and improve the quality of life for residents. The densification of this neighborhood will also lead to additional residents, employees and visitors choosing non -motorized mobility options which will lead to improved health outcomes. 3. The proposed amendments are in the best interest of the residents of the city. Staff Response: Many members of the community have expressed their desire for the City to have a vibrant downtown. The proposed code amendments, if approved, will ensure that as properties redevelop, surface parking lots will be removed, pedestrian circulation will be prioritized, and densities will be higher. Rev. 7/18 Staff Recommendation: Staff recommend approving the proposed code amendments, as forwarded by the Planning Commission. Rev. 7/18 Uomxnents trom Alerlone (serer (Attachment 1 Issue Discussion Minimum FAR requirements How did City come up with 1.5 FAR Minimum? Presents challenges for phased redevelopment • See MGP Phased redevelopment plan o 0.9 FAR on gross acreage based on easements preserving open space and other control areas e 1.5 FAR minimum retail or entertainment not viable. o Too dense for commercial o Needs to allow for mixed -use concept Residential density as DU/acre vs. FAR. • How did the City arrive at 46 to 230 du/acre? Parking Structured parking mandates by use are not realistic at - 75% for office - 40% for retail over 5,000 sf. - 40% for regional mall How are parking ratios'evaluated for a mixed -use project? Especially when retail/entertainment/child care uses can change with later TI permitting? 820 ITE. Shopping Center? Parking ratios should be reduced to reflect TOD zoning - No minimum parking for residential uses. Should not be subject to a case -by -case parking analysis Vehicles within parking structures cannot be visible from any street? What about internal streets/alleys? Only 10 adjacent parking stalls before landscape islands? Landscaping on rooftop parking structures? City Center Core street grid Comp Plan map needs amending for Commons grid Street level uses 50-foot retail and entertainment use in both directions at intersection of a "street" is not workable for interior/private streets. Needs flexibility for residential frontages and in locations where retail is not viable. Minimum 15% of public facing commercial uses in ground floor of residential not viable. For example, on a 3-acre site, that's—20,000 sf. of retail. Needs flexibility for certain targeted drive thru uses (grocery, pharmacy, etc.) _ Open space 100 sf of open space per unit runs contrary to the FAR Rev. 7/18 density minimums within market based construction typologies. Should include credits for indoor open space/recreation area Credits for open space at Commons in BPA easement area Design guidelines Need additional clarity and flexibility. Encourage revisions to be done separately from Code update after more outreach. Any new design guidelines must comply with HB 1293. Ground floor residential uses with private outdoor areas? Development Agreement amendments Why is City proposing limitations on transportation impact fee and other vesting and stormwater issues? Heartland Report Agree with the Heartland recommendations. City Center amendments should focus on incentives and flexibility. Current draft with the parking ratios and min FAR is inconsistent with the key Heartland recommendations. City should implement the remaining Heartland proposals. Rev. 7/18 Attachment 2 Issue Discussion City Response Minimum FAR How did City come up with The intent is twofold: 1) to replace maximum requirements 1.5 FAR Minimum? Presents building heights with FAR or units/acre; and, 2) challenges for phased to impose a minimum standard to end the redevelopment construction of single -story buildings, except ■ See MGP Phased for small buildings (like stand-alone pads). redevelopment plan o 0.9 FAR on To determine the ranges, existing projects were gross evaluated. The City has also taken input from acreage developers looking at'potentially building in the based on CC-C zone. easements preserving For Commercial: open space Current code allows for buildings to 145 feet and other (12 stories). Examples used: Summitt III control (Bellevue), 17 stories, FAR: 8.5. Keppel-KBS areas Plaza (Bellevue), 10 stories, surface & structure ■ 1.5 FAR minimum parked, FAR: 2.9 retail or entertainment not For minimum, looked at Poplar (Issaquah) — 4 viable. stories, surfaced parked. FAR: 0.92. Renton o Too dense City Hall (Renton) —10 stories, combination for structure and surfaced parked, FAR: 0.92 commercial o Needs to If it is going to have structured parking, the FAR allow for should exceed 1.5. mixed -use concept For Residential: For the upper density, the City wants to allow 5 Residential density as over 1 or 5 over 2 construction. Examples used: DU/acre vs. FAR. The Luke (Redmond) 189 un/ac. Parkside ■ How did the City (Bellevue) 197 un/ac arrive at 46 to 230 du/acre? For lower end: 4 story, surfaced park is not dense enough. Uptown Square (Federal Way) is 4 stories and surfaced parked — 31 un/ac. Y Family Village (Issaquah) is 4 stories & structure parked — 66 un/ac. Vale (Issaquah) is mix of 4 & 5 stories and tuck under and surface parking — 92 un/ac Mixed Use? Agreed, the code needs to make an allowance for residential/non-residential. Had taken into account 5-over-1—that would meet the un/acre range, but did not consider a 1- over-1. Will think about this. Parking Structured parking Over 75% of the downtown is comprised of Rev. 7/18 City Center Core street Street level uses mandates by use are not realistic at - 75% for office - 40% for retail over 5,000 sf. - 40% for regional mall How are parking ratios evaluated for a mixed -use project? Especially when retail/entertainment/child care uses can change with later TI permitting? 820 ITE Shopping Center? Parking ratios should be reduced to reflect TOD zoning No minimum parking for residential uses. Should not be subject to a case -by - case parking analysis Vehicles within parking structures cannot be visible from any street? What about internal streets/alleys? Only 10 adjacent parking stalls before landscape islands? Landscaping on rooftop parking structures? _ Comp Plan map needs amending for Commons grid 50-foot retail and entertainment use in both directions at intersection of a "street" is not workable for interior/private streets. Needs flexibility for residential frontages and in locations where retail is not surface. parking lots. Would you like to propose a counter? Parking requirements —the code provides a process for achieving a reduction in code requirements. There was resistance within the city to reduce parking requirements at this time. Maybe once the ST station is open there will be more acceptance of this suggestion. Yes ... likely means the ground floor is not parking. Huh? This is code now, right? Yes. Parking structures are often less tall than adjacent buildings — so views of parking garage roofs are similar to looking down on a surface parking lot. Either landscaping or architectural features help to beak up the parking rows. We discussed this on the 20t" Well, we haven't exactly landed the public/private discussion yet or the endgame on the ring road or its alternative. Currently the code reads the entire ground floor (100%) of a residential building needs to be non- residential. We have pulled this back considerably to concentrate on the street intersections. Not opposed to discussing Rev. 7/18 viable. flexibility, but we need to be specific on this. Minimum 15% of public Drive thrus — problem for pedestrian -oriented facing commercial uses in areas. We can discuss this further. ground floor of residential not viable. For example, on a 3-acre site, that's—20,000 A of retail. Needs flexibility for certain targeted drive thru uses (grocery, pharmacy, etc.) 100 sf of open space per Open space 100 sf/unit is the smallest requirement in the unit runs contrary to the FAR city. City just updated this code. Here are density minimums within examples of what counts: market based construction Updates Overview. Definitions typologies. Pia .Mh� ' mloll, Should include credits for swimmr0000. xee onr.,..re:rn..,.rvnl. vw>«..anw ro 0—dem. m. dero �pb ��..�. indoor open space/recreation area .ieRroundry pmenr opdnnd9a.t��m wj. aro..�nw. �:p rntha a,o,.n rid ueebtLv:lxd ev tract hrp reels wYL nrP+lupe[, dfandrry ♦'nvr, �neru,urelw per[e[Il eisln.e[IerR rhx rrY net [1rc dbly le men arsrW+nd spmm.eeusly for the purpose of active recre,Wn. Open fields Credits for open space at m//caun:ImvW lM mlq yprn.q[er n[when Kirca men "�M""ro° Idn hate^."re°h"""eld.,"'�..��." °. cnmmvnnr Commons in BPA easement wa.n: �w,w area Design Need additional clarity and City is working on changes to 19.115 to ensure guidelines flexibility. Encourage we are responsive to 1293. 1 am unclear as to revisions to be done the timeline for that, but it is currently in separately from Code process. Will give you a schedule when update after more outreach receive it from the Planning Manager. Any new design guidelines must comply with HB 1293. Not sure I understand the question regarding ground floor residential with enclosed yards. Is this relating to the open space comments in the Ground floor residential prior row? uses with private outdoor areas? Development Why is City proposing We discussed this on 9j20 before the Planning Agreement limitations on transportation Commission meeting on those code amendments impact fee and other vesting amendments. and stormwater issues? Heartland Agree with the Heartland Other than parking reductions, are there Report recommendations. City Heartland recommendations you believe we Center amendments should have not implemented? If so, please be focus on incentives and specific. flexibility. Current draft with the parking ratios and min FAR is inconsistent with the key Heartland Rev. 7/18 recommendations. City should implement the remaining Heartland proposals. Rev. 7/18 Attachment 3 Text message to Tanja Carter — received 10/4/23, 5:58 pm Hello Tanja, I know that today, October 4th is the deadline to submit any comments to the FW board regarding recommendations for business license acceptance or changes. Frankly, I don't feel as though any of the guidelines need to be changed, they just need to be vetted and screened with more due diligence rather than defaulting to denial of a business license simply because of the a persons chosen business name ... if a business name or type of business is in question, the person who is in charge of accepting or denying the application needs to have the training and skills to reach out and learn more about what the business is, where it is located. Etc. In order to make 'a correct, well informed decision. I think I speak for Lindy when I say Thank you for being an advocate for business development in Federal Way and our businesses at Celebration Center. All the Best, Steve Hunt,Owner of Sola Salons Celebration Center Federal Way, WA Ps ... you have my permission to forward print or share any/all of this text message as you feel may be appropriate. Thank you, Steve Rev. 7/18 ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to development regulation amendments applicable to the City Center core (CC-C) and City Center frame (CC-F) zones and adoption of a downtown architectural overlay; amending FWRC 19.05.040, 19.05.060, 19.05.160, 19.110.080, 19.115.020, 19.115.050, 19.115.060, 19.115.070, 19.115.090, 19.120.030, 19.125.060, 19.190.010, 19.225.010, 19.225.015, 19.225.020, 19.225.030, 19.225.040, 19.225.050, 19.225.055, 19.225.060, 19.225.070, 19.225.075, 19.225.080, 19.225.090, 19.225.100, 19.225.105 19.225.110, 19.225.120, 19.225.130, 19.225.140, and 19.230.030; adding FWRC 19.245.020 and 19.110.025; and repealing FWRC 19.130.150. (Amending Ordinance Nos. 90-43, 93-170, 96-270, 96-271, 97-291, 97-296, 97-300, 99-333, 00-363, 01-382, 01-385, 01-390, 01-399, 02-424, 03-443, 05-506, 06-515, 06-542, 07-554, 07-559, 08-585, 09-593, 09-604, 09-605, 09-610, 09-630, 09-633, 10-678, 12-724, 12-727, 12-735, 13-750, 13-754, 14-778, 15-797, 17-834, 18-844, 18-850, 20-898, 21-921, 22-929, 22-930, 22-932, 23-949, 23-958, 23-961, and 23-963) WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update land use and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the City has initiated code amendments intended to better implement updated Goals and Policies for the City Center and to clarify existing code provisions in the City Center core ("CC-C") and City Center frame ("CC-F") zones; and WHEREAS, State agencies received 60-day notice of the proposed amendments on May 24, 2023 (ID 2023 -S-61 10); and Ordinance No. 23- Page 1 of 146 WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed code amendments on June 2, 2023 and an addendum was issued on July 18, 2023, the City received comments and incorporated those comments into the current ordinance provisions and the DNS was finalized on June 16, 2023, and no appeals were filed and the appeal period has expired; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on October 4, 2023, and forwarded a recommendation of approval to the City Council with incorporation of additional clarifications to the proposed revisions relating to ground floor non-residential requirements and increasing predictability for the school district while preserving City Center incentives; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on November 6, 2023, and recommended adoption of the text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole. Ordinance No. 23- Page 2 of 146 (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of its title under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement the goals and policies of the City Center Chapter of the Comprehensive Plan. These code amendments have been submitted to implement the revised Goals and Policies of the City Center Chapter processed as part of the annual 2023 Comprehensive Plan Amendments. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare. The proposed code amendments create more urban standards for the city center ensuring higher levels of development will locate near transit infrastructure. Focusing growth close to existing and planned urban mobility infrastructure where people have alternatives such as transit and complete streets will allow greater access to goods, services, and employment. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way by placing better controls in place for the City Center and downtown area Ordinance No. 23- Page 3 of 146 to ensure this portion of the City develops consistently with the adopted vision for the area. In addition, by providing minimum development requirements, the City will ensure its Regional Growth Center designation is retained thereby allowing access to PSRC-allocated transportation funding. Section 3. FWRC 19.05.040 is hereby amended to read as follows: 19.05.040 D defmitions. "Day care facility, commercial" means the temporary, nonresidential care of persons on a recurring basis. See FWRC Title 19, Division VI, Zoning Regulations. "Dedication" means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. "Deleterious substance" includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials, as defined in this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment -based standards are enforced under Chapter 246-290 WAC. "Developable site area" means the total area of land available for development of buildings on a parcel, not including portions of property encumbered by land use regulations or other governmental restrictions that would prevent development of a building, such as public utility easements, required yards, critical areas, or buffers. "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human -caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. Ordinance No. 23- Page 4 of 146 "Development" includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of- way use permit. "Development" also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of obstructions to any right of public use; and the storage of equipment or materials. "Development regulation" means controls placed on development or land use, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance. "Diameter at breast height (dbh)" means the diameter of a tree trunk as measured at four and one- half feet above the ground surface. "Director" means the director of the department of community development, also known as the department of community development—,epAees, unless the context indicates otherwise. "Distillery" means an establishment primarily engaged in the production of distilled spirits, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the distillery, sales, and/or on -site consumption, e.g., a tasting room. "Domestic animal" means an animal which can be and is customarily kept or raised in a home or on a farm. Ordinance No. 23- Page 5 of 146 "Dredging" means removal of earth and other materials from a body of water, a watercourse, or a wetland. "Dredging spoils" means the earth and other materials removed from a body of water, a watercourse, or a wetland by dredging. "Driveway" means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. "Dry land" means the area of the subject property landward of the high water line. "Dwelling unit" means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory -built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following 13 types of dwelling units: (a) "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (b) "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (c) "Dwelling unit, efficiency" means a small one -room unit, which includes all living and cooking areas with a separate bathroom. Ordinance No. 23- Page 6 of 146 (d) "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with, or attached to, one or more other dwelling units or other uses and may have one or more vertical walls in common with, or adjacent to, one or more other dwelling units or other uses. (e) "Dwelling unit, multifamily" means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (f) "Dwelling unit, senior citizen housing" means housing available for the exclusive occupancy of persons over 55 years of age. (g) "Dwelling unit, small lot detached" means detached residential dwelling units developed on multifamily -zoned property. Each unit is located on its own fee simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (h) "Dwelling unit, special needs housing" means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. (i) "Dwelling unit, studio" means a one -room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an "efficiency apartment." Studio apartments can contain a loft. 0) "Dwelling unit, townhouse" means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (k) "Dwelling unit, zero lot line townhouse" means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the Ordinance No. 23- Page 7 of 146 street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. (1) "Dwelling unit, permanent supportive housing and transitional housing" means housing that combines low -barrier affordable housing, health care, and supportive services for individuals and families experiencing homelessness or at imminent risk of homelessness and persons with a disability that presents barriers to employment and housing stability. Permanent supportive housing may prioritize people who need comprehensive support services to retain tenancy and utilize admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing. Permanent supportive housing has no limit on length of stay, whereas transitional housing is typically no more than two years. Permanent supportive housing is paired with on -site or off -site voluntary services. (m) "Dwelling unit, accessory dwelling unit (ADU)" means a dwelling unit that is accessory to the primary dwelling unit located on the subject property, and which either: (i) Is a freestanding detached structure or part thereof, or (ii) Has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit but is separate from the primary dwelling unit either because there is no interior connection between the ADU and primary dwelling unit, or because any interior connection between the ADU and primary dwelling unit is securable by lock from within the ADU. Notwithstanding the general definition of dwelling unit, factory -built homes, manufactured homes, outdoor storage containers, and similar structures used or designed to be' used as living facilities Ordinance No. 23- Page 8 of 146 may constitute ADUs regardless of whether such a structure meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. Section 4. FWRC 19.05.060 is hereby amended to read as follows: 19.05.060 F definitions. "Facade" means the entire building front including the parapet. "Family" means one or more individuals regardless of relatedness living in a residential structure, so long as the individuals are the functional equivalent of a related family. Whether a particular group of individuals living in a residential structure is the functional equivalent of a related family is based on the following criteria: (1) Whether the individuals act as separate roomers; (2) Whether the individuals include minor, dependent children regularly residing in the household; (3) Whether expenses for food, rent or ownership costs, utilities, and other household expenses are shared; (4) Whether use of furniture and appliances is shared; (5) Whether the individual's relationship constitutes a permanent living arrangement, or is instead a framework for transient living; (6) Whether occupants maintain a stable composition that does not change from year to year, or within the year; (7) Whether the individuals are part of a society, fraternity, sorority, lodge, organization, or other group of students or other individuals where the common living arrangement or basis for the establishment of the common living arrangement is temporary; and (8) Whether there are any other factors reasonably related to whether or not the group of individuals is the functional equivalent of a family. Ordinance No. 23- Page 9 of 146 "Family day care" means a business regularly providing care during part of the 24-hour day to 12 or fewer persons, including children and/or adults, and the children, if applicable, of the day care provider, in the family abode of the person or persons under whose direct care those receiving care are placed. Family day care includes family day care homes for children as defined by RCW 35.63.170 and in -home day care for adults. See FWRC 19.105.070. "Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value-added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and finfish; and other food -related products. Additionally, some vendors may sell non -food -related products and services. The majority of products for sale throughout the course of the calendar year shall be food -related products, plants, flowers, and hand crafted arts and crafts products as determined by the number of vendors selling said products. Entertainment and other community activities may also be provided and are typically not considered to be market vendors; however, these other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products: "Farm stand" means a structure accessory to a community garden, urban farm, or cottage food operation for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally produced packaged food products, and similar products grown or produced on the general property on which the stand is located. See the definitions for "community gardens," "cottage food operation," and "urban farm." "Fast food restaurant" means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. Ordinance No. 23- Page 10 of 146 (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. "Fence" means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. "Festoons" means a string of ribbons, tinsel, small flags, or pinwheels. "Fill" means depositions of earth materials by artificial means. "Fill material" means dirt, rock, gravel, broken concrete, and similar substances used to change the level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on the surface of the ground for gardening, landscaping, or ornamental purposes. "Finished grade" means the final contour of the land surface prior to landscaping. "Fish and wildlife habitat conservation areas" means those areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130. These areas include: (1) Areas where endangered, threatened, and sensitive species have primary association; (2) Habitats and species of local importance, as determined locally; (3) Commercial and recreational shellfish areas; (4) Kelp and eelgrass beds, herring, smelt, and other forage fish spawning areas; (5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; (6) Waters of the state; (7) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and (8) State natural area preserves, natural resource conservation areas, and state wildlife areas. Ordinance No. 23- Page 11 of 146 "Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration. "Flag lot""Paphangf-Lmeans a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot. "Floor" means the horizontal surface inside a structure designed and intended for human use and occupancy. "Floor area" means the total area of a building floor plate in gross square feet. "Floor area ratio' or "FAR" means the relationship on a parcel between: (1) the total square footage of all floors, excluding parking areas, in a building or buildings as measured from the interior surface of each exterior wall of each such building, and (2) the developable site area. Floor area ratio is determined by dividing the number calculated under the first subsection of this definition by the number calculated under the second subsection of this definition. Floor area ratio for developments where the subject property includes_ multiple parcels is determined by summing the numbers calculated under the first subsection of this definition for each parcel, and dividing by the sum of the developable site area on the subject property. Refer to FWRC 19.110.025 for calculation of FAR for developments with both residential and non-residential cornponents and/or mixed -use buildings. "Frontage of a property" means the length of the property line along any public right-of-way on which it borders. "Frontage of a building" means the length of an outside building wall on a public right-of-way. Ordinance No. 23- Page 12 of 146 Section 5. FWRC 19.05.160 is hereby amended to read as follows: 19.05.160 P definitions. "Panhandle lot" means flag lot. "Parking area" means any area designed or used for parking vehicles. "Parking space" means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. "Parking structure" or "structured parking" means a building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles. Pea Patch Garden. See the definition for "community gardens." "Pedestrian oriented" means a street that is designed to encourage pedestrian movement and pedestrian orientation in relationship to buildings. "Pedestrian walkway" or `pedestrian pathway" means a footpath for pedestrian travel which traverses along or cuts across a block to facilitate pedestrian movement, including public sidewalks and private walkways. "Personal wireless service facility (PWSF)" and/or "wireless communication facility (WCF)" mean facilities associated with the provision of personal wireless services. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. "Plaza" means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features and furnishings include special paving, landscaping, pedestrian -scale lighting, seating areas, weather protection, water features, art, trash receptacles, and bicycle racks. Ordinance No. 23- Page 13 of 146 "Portable moving containers" means new or used prefabricated units that can be rented by residential or business customers for temporary accessory moving and storage activities, including, but not limited to, such products trademarked as "PODS" (Personal on Demand Storage), "SAM" (Store and Move), and "Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary loading period, then retrieved by truck and delivered to another location, which may include a storage facility. See FWRC 19.275.020. "Preapplication conference" means a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to pertinent codes and regulations. "Primary vehicular access" means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property. "Principal use" means the primary or predominant use of any lot or parcel. "Private club" means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. "Property line" means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access. Ordinance No. 23- Page 14 of 146 (2) For flag lots, the yard setbacks shall be applied per the following graphic: (3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (4) The side property line is any property line other than a front property line or a rear property line. "Public parr" means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. "Public space" means a passive or active recreational area designed specifically for use by the general public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas and available to the public at least 12 hours each weekday. Public on -site open space may be privately owned, but must be permanently set aside and maintained for the use and benefit of the public. "Public utility" means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. "Public works director" means the director of the department of public works of the city. Section G. FWRC 19.110.080 is hereby amended to read as follows: 19.110.080 Increases to single -story construction limits — City center effe and frame. Ordinance No. 23- Page 15 of 146 (1) Generally. The size of single -story buildings, and/or the total amount of new single -story construction that can occur on a site may exceed the limits of 16,000 gross square feet as required by Chapter&49-.225-and 19.230 FWRC, if approved by the director using the provisions in this section. The intent of this section is to encourage creative design proposals and urban -scale, pedestrian -oriented development, by allowing single -story buildings and/or single -story construction on a site to exceed the limits of 16,000 square feet, based on the nature and extent to which a project incorporates a mix of uses, multiple -story buildings, and/or public on -site open space. (2) Formula. The following formula establishes the incremental increases beyond 16,000 gross square feet that may be added to an existing or proposed single -story building(s) anywhere on the site, in exchange for the specified uses and building forms: (a) One thousand square feet may be added in exchange for each 1,000 square feet of a principal use(s) contained in an attached or detached mixed-use/multiple-story building. (b) Two thousand square feet may be added in exchange for each dwelling unit contained in an attached or detached mixed-use/multiple-story building. (c) One thousand square feet may be added in exchange for each five parking stalls contained in an attached or detached parking structure. (d) One thousand square feet may be added in exchange for each 1,000 square feet of public on -site open space; provided, that it is located and designed according to the definition and design criteria for public on -site open space set forth in Chapter 19.115 FWRC. (3) Modifications. The director may approve minor modifications to the above formula based on unusual site conditions or unique design proposals, provided the resulting project is consistent with Ordinance No. 23- Page 16 of 146 comprehensive plan policies promoting urban -scale, pedestrian -oriented development in the city center, and meets all other applicable development regulations and design standards. (4) Exclusion from size limits. Those portions of a ground floor that are covered by upper floor space, within buildings approved under this section, are excluded from the size limits of Chapter 19.80 FWRC. Section 7. FWRC 19.115.020 is hereby amended to read as follows: 19.115.020 Administration. Applications subject to community design guidelines and crime prevention through environmental design (OPTED) shall be processed as a component of the governing land use process, and the director shall have the authority to approve, modify, or deny proposals under that process. Unlike development standards in the zoning code, this chapter contains guidelines that are intended to tee -written as performance objectives for achieving siting and design solutions for each development on each unique site. Decisions under this chapter will consider proposals on the basis of individual merit and will eneouFage-allow for creative design--alteniat er, �� solutions to achieve the stated purpose and objectives of this chapter. To further such creative design alternatives, and in recognition of site -specific opportunities and constraints, decisions under this chapter may allow for limited departure from any specific or numeric provisions contained in these guidelines, provided the end result is consistent with the purpose statement of this chapter. Decisions under this chapter are appealable using the appeal procedures of the applicable land use process. Section 8. FWRC 19.115.050 is hereby amended to read as follows: 19.115.050 Site design — All zoning districts, except CC-C. (1) General criteria. Ordinance No. 23- Page 17 of 146 (a) Natural amenities such as views, significant or unique trees, or groupings of trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (b) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. (c) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (d) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (e) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry facilities near play equipment in multiple -family residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. (f) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to happen. Ordinance No. 23- Page 18 of 146 (g) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to commit a crime. A cared - for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that do not display such characteristics. (2) Surface parking lots. (a) Site and landscape design for parking lots are subject to the requirements of Chapter 19.125 FWRC. (b) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (c) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on -site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (d) Multi -tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (e) See FWRC 19.115.090 for supplemental guidelines. (3) Parking structures (includes parking floors located within commercial buildings). (a) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure Ordinance No. 23- Page 19 of 146 should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (b) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials. (c) Parking structures should incorporate methods of articulation and accessory elements, pursuant to FWRC 19.115.060(3)(b), on facades located above ground level. (d) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (e) Top deck lighting on multi -level parking structures shall be architecturally integrated with the building, and screened to control impacts to off -site uses. Exposed fluorescent light fixtures are not permitted. (f) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens. (g) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain -link fencing is not permitted for garage security fencing. (h) See FWRC 19.115.090(3)(d) for supplemental guidelines. (4) Pedestrian circulation and public spaces. Ordinance No. 23- Page 20 of 146 (a) Primary entrances to buildings, except for zero lot line townhouse development and attached dwelling units oriented around an internal courtyard, should be clearly visible or . recognizable from the right-of-way. Pedestrian pathways from rights -of -way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (b) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. iade0lon peawvayc *am R.0.W. Figure 1 — FWRC 19.115.050(4) Ordinance No. 23- Page 21 of 146 Pedestrian Connections Figure 2 — FWRC 19.115.050(4) (c) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights -of -way: (d) Bicycle racks should be provided for all commercial developments. (e) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, fencing, etc., should be incorporated into the site design. (f) See FWRC 19.115.090 for supplemental guidelines. (5) Landscaping. Refer to Chapter 19.125 FWRC for specific landscaping requirements and for definitions of landscaping types referenced throughout this chapter. (6) Commercial service and institutional facilities. Refer to FWRC 19.125.040 and 19.125.150 for requirements related to garbage and recycling receptacles, placement and screening. (a) Commerciaf services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: Ordinance No. 23- Page 22 of 146 (i) Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. (ii) Trash and recycling receptacles shall include covers to prevent odor and wind- blown litter. (iii) Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. (iv) Chain -link fencing shall not be used where visible from public streets, on -site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. Trash and storage areas Figure 3 — FWRC 19.115.050(6) Ordinance No. 23- Page 23 of 146 L❑adrnq areas Figure 4 — FWRC 19.115.050(6) (b) Site utilities shall comply with the following: (i) Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. (ii) Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (7) Miscellaneous site elements. (a) Lighting shall comply with the following: (i) Lighting levels shall not spill onto adjacent properties pursuant to FWRC 19.105.030(3). Ordinance No. 23- Page 24 of 146 (ii) Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off -site glare. (iii) Lighting standards shall not reduce the amount of landscaping required for the project by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping. (b) Drive -through facilities, such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: (i) Drive -through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof, provided, such elements reflect the primary building and provide appropriate screening. (ii) The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. (iii) Drive -through speakers shall not be audible off -site. (iv) A bypass/escape lane is recommended for all drive -through facilities. (v) See FWRC 19.115.090(4) for supplemental guidelines. Section 9. FWRC 19.115.060 is hereby amended to read as follows: 19.115.060 Building design — All zoning districts, except CC-C. (1) General criteria. (a) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation, unless Ordinance No. 23- Page 25 of 146 this provision is precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed function or use of the site. See FWRC 19.120.110 for related standards for development on sites with slopes of 15 percent or greater. EmphasiXing natural topography Figure 5 — FWRC 19.115.060(1) (b) Building siting or massing shall preserve public viewpoints as designated by the comprehensive plan or other adopted plans or policies. (c) Materials and design features of fences and walls should reflect that of the primary building(s) and shall also meet the applicable requirements of FWRC 19.120.120, Rockeries and retaining walls. (2) Building facade modulation and screening options, defined. Except for zero lot line townhouse development and attached dwelling units, all building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be Ordinance No. 23- Page 26 of 146 incorporated along the. entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case -by -case basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See FWRC 19.115.090(3) for guidelines pertaining to city center core and city center frame. (a) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60 feet. Alternative methods to shape a building, such as angled or curved facade elements, off -set planes, wing walls and terracing, will be considered; provided, that the intent of this section is met. lncorp9mling modub*MS Figure 6 — FWRC 19.115.060(2) (b) Landscape screening. Eight -foot -wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width Ordinance No. 23- Page 27 of 146 required by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, may be considered in meeting the landscape width requirement of this section. inewpocadng landscaped huldefs Figure 7 — FWRC 19.115.060(2) (c) Canopy or arcade. As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. kmrpmfing canapylamade Figure 8 — FWRC 19.115.060(2) Ordinance No. 23- Page 28 of 146 (d) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. Bnaagwraft pad&MIlen plaza Figure 9 — FWRC 19.115.060(2) (3) Building articulation and scale. (a) Except for zero lot line townhouse development and attached dwelling units, building facades visible from rights -of -way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in subsection (3)(b) of this section. BWW" arktAnNoft Ordinance No. 23- Page 29 of 146 Figure 10 — FWRC 19.115.060(3) Acrossvey £lemenls Figure 11 — FWRC 19.115.060(3) (b) Methods to articulate blank walls. Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWRC 19.125.040(22) and subsection (3)(a) of this section: (i) Showcase, display, recessed windows; (ii) Window openings with visible trim material, or painted detailing that resembles trim; (iii) Vertical trellis(es) in front of the wall with climbing vines or similar planting; (iv) Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; (v) Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts commission may be used as an advisory body at the discretion of the planning staff); Ordinance No. 23- Page 30 of 146 (vi) Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; (vii) Material variations such as colors, brick or metal banding, or textural changes; and (viii) Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities. (c) See FWRC 19.115.090(3) for supplemental guidelines. ray Showcase Windows VerUtal IreWs Figure 12 — FWRC 19.115.060(3) Landscaping Artwork-Mura Archi[chuural SaaWms Awhfeck"l kalures Material varlatlon., Landscaped pwblit phues Figure 13 — FWRC 19.115.060(3) (4) Methods to reduce building massing. The following is a nonexclusive list of methods to be utilized in construction of buildings in order- to reduce their impacts on development located in an adjoining zoning district that permits less intensive residential or commercial uses: (a) Reduce the apparent bulk of a building by breaking it into several smaller masses and varying the roof line with architectural elements. Ordinance No. 23- Page 31 of 146 (b) Consider options such as upper level setbacks in order to minimize bulk and shadow impacts on adjacent development. Section 10. FWRC 19.115.070 is hereby amended to read as follows: 19.115.070 Building and pedestrian orientation — All zoning districts, except CC-C. (1) Building and pedestrian orientation, for all buildings except zero lot line townhouse development and attached dwelling units. (a) Buildings should generally be oriented to rights -of -way, as more particularly described in FWRC 19.115.090. Features such as entries, lobbies, and display windows should be oriented to the right-of-way; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof should be incorporated into the street - oriented facade. (b) Plazas, public open spaces and entries should be located at street corners to optimize pedestrian access and use. Shared public spaces/plazas Figure 14 — FWRC 19.115.070(1) (c) All buildings adjacent to the street should provide visual access from the street into human services and activities within the building, if applicable. Ordinance No. 23- - Page 32 of 146 (d) Multiple buildings on the same site should incorporate public spaces (formal or informal). These should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways, to provide a clear view to destinations, and to create a unified, campus -like development. Section 11. FWRC 19.115.090 is hereby amended to read as follows: 19.115.090 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts and/or overlay areas: (1) Professional office (PO), neighborhood business (BN), and community business (BC). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right- of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of- way or pedestrian area. Ordinance No. 23- Page 33 of 146 (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined by Chapter 19.125 FWRC, shall utilize vinyl - coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For residential uses only: (g) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (h) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (i) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. 0) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields, V, Figure 16 — FWRC 19.115.090(1) (k) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. Ordinance No. 23- Page 34 of 146 Figure 17 — FWRC 19.115.090(1) (1) Common recreational spaces shall be located and arranged so that windows overlook them. Figure 18 — FWRC 19.115.090(1) (m) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. Ordinance No. 23- Page 35 of 146 Figure 19 — FWRC 19.115.090(1) (n) All new buildings, including accessory buildings such as carports and garages in PO and BN zones only, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. Figure 20 — FWRC 19.115.090(1) (o) Carports and garages in front yards should be discouraged. (p) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way, public park, or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline. Ordinance No. 23- Page 36 of 146 (q) Buildings should be designed to have a distinct base, middle and top. The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single -story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. Figure 21 — FWRC 19.115.090(1) (r) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (s) Subsection (1)(n) of this section shall apply to self-service storage facilities. (2) Office park (OP) and commercial enterprise (CE). (a) Surface parking may be located behind the building, td the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right- of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way. Ordinance No. 23- Page 37 of 146 (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features. (e) Ground=level mirrored or reflective glass is not allowed adjacent to a public right-of- way or pedestrian area. (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl - coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For non -single-family residential uses only: (g) Subsections (1)(g),through (r) of this section shall apply. (3) City center gee e{CC' C) ^ id eity eenter frame (CC-F). (a) The city center eer-e-andframe contains transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights -of -way and the parking area(s), or in structured parking,_ and-aAny surface parking and driving areas located along a right-of-way may not occupy more than 40 percent of the Ordinance No. 23- Page 38 of 146 project's linear frontage along principal pedestrian rights) -of -way, as determined by the directonis s„bjeet t the f ,,.., in- :.s�;2 ��[i`9�1�1•ff��l- •1•laR•LR"J �L.Sa�V .� `+t•.fliJ4 �faf lS��•f lR•[•l iE [.f� • —1 • i1Vla-l-l�•t.l�•.l-a�l-ass �.�.S •l�l •.�.1-l.•,•t� -s e�� i� ! 1�-L'-[-J-s.a [..i�.f� •firm (b) Principal entrance facades shall front on, face, or be clearly recognizable from the right- of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. (c) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: (i) Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian -oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break Ordinance No. 23- Page 39 of 146 down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, _hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. (ii) Secondary facades not containing a major building entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian -oriented than in subsection (3)(c)(i) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. (iii) Principal facades of single -story buildings with more than 16,000 square feet of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (d) Pedestrian pathways shall be provided from rights -of -way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts Ordinance No. 23- Page 40 of 146 more than one right-of-way, pedestrian access shall be provided from both rights -of -way, or from the right-of-way nearest to the principal building entrance. Multiple -tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet ifitheeityeent , and shall be protected from abutting parking and vehicular circulation areas with landscaping. (e) Drive -through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FVWRC 19.115.050(7)(b)(ii), (iii), and (iv). (f) Above -grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: (i) Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or (ii) A 15-foot-wide strip of Type III landscaping along the base of the facade; or (iii) A decorative grille or screen that conceals interior parking areas from the right- of-way. (g) Facades of parking structures shall be articulated above the ground level pursuant to FWRC 19.115.060(3)(a). Ordinance No. 23- Page 41 of 146 (h) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (i) Chain -link fences shall not be allowed. Barbed or razor wire shall not be used. 0) For residential uses, subsections (1)(g) through 0), (1), (m), (o), (q), and (r) of this section shall apply. (4) City Center Core (CC-C. (a) Parking Structures. i Parkin structures which are part of new development shall be architectUrall consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials. (ii) Lighting shall be architecturally integrated with the building, and screened to control impacts to off -site uses. Ex osed fluorescent light fixtures are not permitted. (iii) Security grilles for parking structures shall be architecturally consistent and integrated with the overall building design {iv) Any roof deck parking shall be treated as a surface parking lot and shall into orate re aired landsgaRing or architectural e uivalent. v Parking structures shall be designed so that vehicles parked within the parking structure are not visible from the street. (b) Pedestrian priority. {i) Pedestrian pathways shall be provided from rights -of -way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts more than one right-o f-way,pedestrian access shall be provided Ordinance No. 23- Page 42 of 146 from each of the rights -of -way. Multi -tenant developments shall provide pedestrian walkways connectingall ll major business entrances on the site to the right -or -way. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet. 60 Drive -through facilities and stacking lanes shall not be allowed. (iii) Street wall. The buildingshall hall provide a near -continuous street wall for the lenZb of the property breaking only for drivewa.+ems, private or public outdoor spaces. and limited convenience parking. Where surface parking is provided on site, the presence of the parking will be minimized and separated from any adjacent pedestrian pathways by a 3-foot tall solid wall or 3-foot tall solid, continuous evergreen shrub hedge, and either trees or 6-foot vertical ornamental design features spaced at a minimum of every 30 feet, designed to be compatible with the project. (iv) Pedestrian weather protection. (A) Weather protection shall be included at all public building entrances. (B) Weather protection shall be allowed to overhang the sidewalks within public riis-of-way when permitted by a right-of-way use permit, but shall not extend over the drive lanes. (C) Pedestrian weather protection sball include the followin& (I) Where a building wall is adjacent to a pedestrian walkway, . weather protection at least 4 feet in width along at least 50% of the of the building facade will be provided where there is an adjacent Ordinance No. 23- Page 43 of 146 pedestrian way. The weather protection may be in the form of awnings, marquees, canopies, or building overhangs. (II) Canopies or awnings shall not extend higher than 15 feet above ground_ level or lower than 8 feet at the lowest point. (III) The pedestrian covering shall be constructed of hi hgh-quality materials such as glass, metal, or similar compatible material with the building, as determined by the director. Uv) Pedestrian areas and amenities, including but not limited to plazas, courtyards, outdoor seating and serving areas, shall be incorporated in the overall site design for every project. (c) Fencing. Galvanized chain -link fences, electrified fencing, and barbed or razor wire shall not be permitted, (d) Architectural Guidelines. The provisions of this subsection do not apply to those properties located in the Downtown architectural overlay, which are governed by FWRC 19.115.090(5): (i) Principal entrance facades shall front on, face, or be clearly recognizable from the right-ofway,_andlor from adjacent principal pedestrian pathways. (ii) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and 3 b to a de ee that is a ro riate to the building size, scale, design, and site context, and according to the following guidelines: (A) Principal facades containing an entrance, or located along a right- of- way, or clearly visible from a right-of-way or public sidewalk, shall Ordinance No. 23- Page 44 of 146 incorporate a variety of pedestrian -oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows doors or window displays -in and adjacent to major entrances - structural modulation where appropriate to break down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades, pedestrian plazas; murals or other artwork; and streetscape amenities. (B) Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets seasonal beds trellises vines, espaliered trees and shrubs, and rooftop gardens. Landscapin should hould not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. (C) Secondary facades not containing a major building entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian -oriented such as a combination of structural modulation, architectural articulation, and foundation landscaping. (e) Mechanical Egm4p ent Standards. 6) Exhaust/venting, trash containers, and noise -generating mechanical systems shall not be placed adjacent to pedestrian walkways in a manner that diminishes the comfort or experience of pedestrians. Ordinance No. 23- Page 45 of 146 (ii) Screening" is required for all exterior mechanical equipment. Screening will be placed on all exposed sides (except when a side or sides are immediately adjacent to the building). All screening will be architecturally compatible with the building architecture and will be at least as tall as the highest point of the equipment. Commercial service and institutional facilities. Refer to FWRC 19.125.150 and 19.125.040 for requirements related to garbage and recycling rec taclesplacement. and screening. Commercial services relating to loading, stora e trash and reading shall be located in such a manner as to minimize their disruption to public circulation and minimize visibility into such facilities. In addition, service yards shall comply with the fallowing: (i) Service yards and loadingareasshall be designed and located for easy access by_ service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. (h) Trash and recycling receptacles shall include covers to prevent odor and wind- blown litter. iii Service yard walls enclosures and similar accessory site elements shall be consistent with the primary buildings) relative to architecture, materials and colors. Site utilities shall com ly with the following: W Building utility equipment such as electrical panels and junction boxes shall be located in an interior utility room or provided in an underground vault unless site circumstances prohibit these approaches. (i, Site utilities including transformers fire standpipes and engineered retention ponds texcept biofiltration swales) shall not be the dominant element of_a provided Ordinance No. 23- Page 46 of 146 landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping and shall not obstruct views of tenant common spaces, public open spaces, signs, and/or driveways. iii Areas dedicated for utilities or service needs will bed icted on the site pjan. (i) Pedestrian priority. Drive -through facilities are prohibited. (5) Downtown architectural overlay (DT). (q) Vision. Within the downtown architectural overlay, the City desires a northwest contemporary style of buildings. To achieve this vision, buildings are expected to fill the properties they are located on with little or no property uncovered by buildings. Portions of the property uncovered by buildings will provide either thoughtful community gathering spaces or small, convenient parking necessary for successful businesses. (b) Building architecture. Buildings shall have a simple building base, and flat roofs with a cornice or similar architectural element designed with depth and detail expressing the in of the buildins wall. Cornices or similar architectural elements shall be well detailed and of significant proportions height and depth) that create visual interest and shadow lines. Variation and articulation shall be applied across the facade both vertically and horizontally to create rh3ghm and visual interest to break up the building mass and to create a more interesting streetscape for pedestrians. This will help larger buildings appear less massive and more humanly proportioned. (c) Materials. The richness of color and texture inherent in the materials available in the Northwest will be emphasized by layering and mixing cool and warm materials to create a well-rounded palette. Cool materials include -steel, concrete, glass, and white/graylblack Ordinance No. 23- Page 47 of 146 brick. Warm_ materials_ include natural brick and wood. Materials like metal panel, concrete, and brick can be warm or cool as desired for contrast. d Examples. Illustrative examples of northwest contemporga style in both picture and text format are included below. The standards for building architecture have been presented as lists of appropriate and inappropriate elements. This technique has been adopted to offer desi ers some flexibility and creativAy in building desigp, while providing a clear expectation for architectural style: rU. I� ' Rl N r 7 I� � Y WIN . ; �00 I'� Ordinance No. 23- Page 48 of 146 Appropriate Ina ro rrate Flat roof buildiri s with cornice or other roofline Mono -pitched shed roof definition to add visual interest Penthouses or upper floor step back (step back Sloped roof forms ma incorporate terraces or balconies Ordinance No. 23- Page 49 of 146 Balconies Metal panel as primary cladding material Tripartite composition (clear base, middle and Blank or flat facades ton) required for buildings greater than five stories optional for shorter buildin s Building lengths less than 250 feet Vibrant building colors For buildings longer than 100 feet, use vertical Multiple changes in facade height creating a chaotic rhythm articulation of facade (e.g., material and/or plane change) approximately every twenty-five (25) feet or alianing with structural bays Siding: Brick masonry, concrete, natural stone_ Deep overhanging roofs_ and wood real orsynthetic) representinga minimum of 30°/o of the opaque surface material of each public -facing facade, excluding courtyards or similar structural indentations in the public -facing facade where the Director determines the depth of the courtyard or indentation is greater than the width of the court and or indentation. The width of the couftyard or indentation is measured at the location the courtyard or indentation departs from the remainder of thepublic-facin fa ade. Masonry element at the gound level Color blocking as architectural detailing Green roofs and occu iable decks for aesthetics environmental benefits, and as amenities. Ground floor transparency (percentage of glass as building material) a minimum of 30% where adjacent to a Pedestrian wa (e) Structured parking. Parking structures shall be designed so that vehicles parked within the parking structure are not visible from the street. For all residential zones. (a) Nonresidential uses. Subsections (1)(a) through (f), (p) and (q) of this section shall apply. (b) Non -single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (1)(g) through (r) of this section shall apply. (c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)0), (1) through (o), and (r) of this section shall apply. Section 12. FWRC 19.120.030 is hereby amended to read as follows: Ordinance No. 23- Page 50 of 146 19.120.030 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC Title 19, Division IV, Critical Areas, or in designated native growth protection areas. Clearing and grading activities are also subject to review under Appendix Chapter J of the International Building Code. The following actions shall be exempt from the provisions of this article: (1) Digging and filling for cemetery graves. (2) Clearing and grading in a right-of-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in -kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the State Department of Natural Resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided, that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way. (6) Excavations for utility service connections to serve existing and/or new structures and that is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. Ordinance No. 23- Page 51 of 146 (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subject property. (9) Tree and vegetation removal actions conducted on a residential lot that contains a detached dwelling unit together with any contiguous lots under the same ownership that are being maintained for the use and enjoyment of the homeowner that comply with the following criteria: (a) Any trees or vegetation removed must be outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (b) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (c) Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subject property and will not change the quality, or velocity of stormwater or groundwater. (d) Trees with a diameter at breast height (dbh) of up to six inches and vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (e) Trees with a dbh of six inches or greater may be removed subject to the minimum tree units per acre standard established by Table 19.120.130-1 and subject to criteria (9)(a) through (c) of this section. Ordinance No. 23- Page 52 of 146 (f) Removal of trees with a dbh of six inches or greater that will result in the subject property falling below the minimum tree units per acre standard per Table 19.120.130-1 shall require planting of replacement trees as necessary to meet the minimum tree units per acre standard, or the existing tree units per acre represented by the trees proposed for removal, whichever is less. (g) Hazard trees and nuisance vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (10) Clearing and grading actions that comply with all of the following criteria: (a) The subject property contains a permanent building or an active use. (b) The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property, and will not change the quality or velocity of stormwater or groundwater. (c) The clearing or grading activity is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of excavation and fill are calculated separately and then added together to determine total excavation and (e) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topping of trees as defined in Chapter 19.05 FWRC is considered tree removal, not maintenance. Ordinance No. 23- Page 53 of 146 (12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her designee. (13) Removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location, design, construction, and maintenance of streets and utilities. These activities are subject to the purpose and intent of this article. Section 13. FWRC 19.125.060 is hereby amended to read as follows: 19.125.060 Landscaping requirements by zoning district. (1) Suburban Estates, SE. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the SE zoning district, except as provided in FWRC 19.125.070. (2) Single -Family Residential, RS. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the RS zoning districts, except as provided in FWRC 19.125.070. (3) Multifamily Residential, RM. (a) Type III landscaping 20 feet in width shall be provided along all public rights -of -way and ingress/egress easements, except for zero lot line townhouse and small lot detached development, which shall be required to provide Type III landscaping 10 feet in width along all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. Ordinance No. 23- Page 54 of 146 (b) Type II landscaping 20 feet in width shall be provided along the common boundary abutting single-family zoning districts, except for zero lot line townhouse and small lot detached development. (c) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in subsections (3)(a) and (b) of this section and except for zero lot line townhouse and small lot detached development. (4) Professional Office, PO. (a) Type III landscaping eight feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 10 feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide 10 feet of Type II. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (4)(a) and (b) of this section. (5) Neighborhood Business, BN. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width along all perimeter lot lines except as noted in subsections (5)(a) and (b) of this section. (6) Community Business, BC. Ordinance No. 23- Page 55 of 146 (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (6)(a) and (b) of this section. (7) City Center -Frame, CC-F. (a) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights -of -way. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (7)(a) and (b) of this section, except that landscaping is not required along perimeter lot lines abutting rights -of -way, where no required yards apply pursuant to Chapter 19.225 FWRC. (8-9) Office Park, OP. (a) Type III landscaping 10 feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (8)(a) and (b) of this section. (94-0) Commercial Enterprise, CE. Ordinance No. 23- Page 56 of 146 (a) Type III landscaping five feet in width shall be provided along all property lines abutting public rights -of -way and access easements, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of the property abutting a residential zoning district, except industrial uses shall provide Type I landscaping 25 feet in width along such property lines. (c) Type III landscaping five feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. Section 14. FWRC 19.190.010 is hereby amended to read as follows: 19.190.010 Categories enumerated. The city is divided into the following zoning classification categories with the abbreviations shown: Zoning Category Symbol (1) Suburban estate zones SE (2) Single-family residential zones RS (followed by a designation indicating minimum lot size per dwelling unit) (3) Multifamily residential zones (4) Professional office zones (5) Neighborhood business zones (6) Community business zones (7) City center core and city center frame zones RM (followed by a designation indicating minimum lot size per dwelling unit) PO BN BC CC-C and CC-F Ordinance No. 23- Page 57 of 146 (8) Office park zones (9) Commercial enterprise zones (10) Planned areas (11) Corporate park zones OP (OP-1 — OP-4) CE PA (followed by a designation indicating which planned area) CP-1 The city contains the following overlay categories with the abbreviations shown: Overlay Category Symbol (1) Mount Rainier view protection VP Downtown architectural DT Section 15. FWRC 19.225.010 is hereby amended to read as follows: 19.225.010 Office use. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Z�IVE Required Yards Front Side (each) Rear USE REGULATIONS (Required (Review Process Lot Size Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES b Office use, medical Process None 0 ft. 0 ft. 0 455# 1 for 1. The city may, „sing process lll and dental office II ft. 11� each q ft. of Ia hufFar See notes 1 Rdseape and and rinsing and rlimonrennaI W gross FequiFemeRtS fee sew - See floor rleyelepment that .Anau tha see notes area fGI1GWiRg CFiteFiai note 1 2-9 and The devel9pmeptwill a. pfelpased 10 See be - ,SteRt the With adOpterl notes fee this 60 FR PFeheR5i e plan.- el0eles 4-47 8 and 11 h_ The nrepo5ed development will Ordinance No. 23- Page 58 of 146 USE REGULATION 4 b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Requiredl IHeight Require Review Lot of Parking Process Size Front Side Rear Structure Spaces ZONE CC-C PECIAL REGULATIONS AND NOTES Ordinance No. 23- Page 59 of 146 USE REGULATION 4 b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards T.UN Required Review Lot Process Size Fro Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. (Height Required of Parking ide Rear��tructure5paces ?ach) SPECIAL REGULATIONS AND NOTES 19.225.010 Office use. (Continued) -1. No more than a #+ve10-foot building setback is allowed adjacent to ^ pal pedestrian right(s)-of- way, as de+eR:RiRea by the diFeeta unless: it is precluded by existing site improvements, easements, topography, or other site constraints, as by the directer, or to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 60 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums ZaNE Required Yards (Required Height Required USE REGULATIONS (Review (Process Lot Size Front' side (each) (Rear of Structure:Spaces Parking 'SPECIAL REGULATIONS AND NOTES b veterinaryoffice nl y treat a. May only small ani Mal 5 On the subject p ert„• b. May not MArWrip n,.*6 ether f,cilitie5 for the outside aRirnalr- r The site .Fn is; he .d esig Red se that n eil;e fr,1M thig-61 G,1 tariil. net he 41 hrc. the s shier+ based . off property eeFtificate to this effect sigRed by a areustical_eeriiAaer;rscl _file;-.,.,ith the de,rel.,...,.,er,t r P Mit plicati.,r 52. Assembly or manufacture of goods on the subject property is permitted only if: a. The assembly or manufacture is clearly accessory to an allowed use conducted on the subject property and is directly related to and dependent on the allowed use; and b. The assembled or manufactured goods are available for purchase and removal from the subject property and are for sale only to retail purchasers aft frem the bly ., impactsef sser manufacture. 64 N4- Maximum Er-.'L eeyer3a ct.:c established IRstead the b,rWa ble area o-411 hp determined by hpr rmt do elr.PFRe Rt requirements, real 13 fiefs arl:rr g I.,t , landscaping, e� rrfarn waterfarilit:nr etc-. 7-3. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 94. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. Ordinance No. 23- Page 61 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS USE REGULATIONS b (Required Review (Process Minimums Height of Structure Required Parking Spaces 7.C]NE C- 'SPECIAL REGULATIONS AND NOTES iLot Size Required Yards Front Side (each) (Rea -95. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 4G6. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11 Singla�_r+r.nr bU ildir.nr oe'r1'` Wtal .-f flGer 9 Rd area __ `�.. ...--- err•-•-- 16,909 ., # unless approved r,der the pFewisiensA FWRr. 1 n 11 n non r appFeyed h T P.by te d 0r4nr for rp i r; r.r additi Manr s u.hY�'T� c wpy stn.ir_turer lobbies seating o d r,rng r hey,., .,a r mi1�r RGIOWS feet yrer•'r,yided that s ueh additien(s) Shall not ex-r- ead nnn sq per building i„ aRy r eGutiye 17_ One month n ed 422-�ln .Here& than 16,000 ft of new sq 6jr�._ri rtOFY r rtFU tiO �1wlh e.t eny em=lwdinq i a p appreyed_ underthe nreyisiar,� r.f FWRC Tn 1 in lM and minoF additi.-.r,r 133. Multiple buildings story aFe net uhi eet �`to notes 11 42; r, „i 1 1 and that e ch fleer contains least 75 at ent the r. fr Af the fl9.-.r of g hell it -WO and EeAtair.r, a PFORCipal e(S) permitted OR thir 447. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 8. See FWRC 19.115.090 for structured parking c u id el ines. 9. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. Ordinance No. 23- Page 62 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums �]N Required Yards (Required 'Height Required (Review Lot of Parking iProcess :Size Front Side Rear Structure Spaces USE REGULATIONS (each) 'SPECIAL REGULATIONS AND NOTES b 10. For additional heiaht limitations that may apply, see FWRC 19.245.010. 11. A minimum of 75% of required parking must be structured parking. 12. Where any portion of the_ subject property is located adjacent to the intersection of muitipie streets, the ground floor space for a distance of 50 feet from the nearest point of the subject property to any such street intersection, shall be limited to entertainment or retail uses. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 16. FWRC 19.225.015 is hereby amended to read as follows: I 19.225.015 Breweries, distilleries, and wineries. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 63 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards (Required Height (Required USE REGULATIONS (Review (Process ILot 'Size Front Side (each) Rear of Structure'Spaces (Parking SPECIAL REGULATIONS AND b (NOTES Breweries, Process None 0 ft. 0 ft. 0 74€t-. 3 parking 1. The city ma;' ------ 4 distilleries, and II ft. Qf spaces for madify Fe^ _ninh+ wineries e Process 45-4. - a tasting room, plus See notes 1 a�� site design and dimensional 14 See 1 parking - notes space for development that meets the see 44 and employee following eri+eri,. note 1 25 parking, a. Then sera deyelr,pment plus 2 ilf he i#er,t with +he parking adopted compmhenriye plan spaces for pelicies for this z n.t each 3,000 h The ^ ed .deyelepmer.+ sq. ft. of ..in be con, ir+ant with apOcab'e production area c. The street utili+ies onr! See Notes aFe adequate to s eFt the 2, 3, and 6 pr-apesed Eieyelep pAt 7 Building height Fnay_l e ed frr.m then milted e, 4i9ht hem 79 ft to OC ft ght of n exchange f9FpF9yidi449 ni hl'�Iv . �ihle .-+ree+o as defined i Pnior o nc IQ - , .. .. h+_ r.F_. 8 yF the Si+:n and de5ir,n 0diFectewhich be by the shall appFeved r. -31. No more than a #+veten-foot building setback is allowed adjacent to P�*Rdpal pedestrian right(s)-of-way, as determined -by the unless: it is precluded by existing site improvements, easements, topography, or other site constraints, " deatermine.- by the airecter,_or to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements Ordinance No. 23- Page 64 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZUIF. Required (Height Required Review Lot of Parking Process Size Front Side Rea Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND !VOTES IG b approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. Q. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). 3. See FWRC 19.115.090 for structured_ _a� _rking guidelines. 4. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 5. For additional height limitations, that may apply, see FWRC 19.245.010. 6. A minimum of 40% of required parking must be structured parking for developments adding more than 5,000 square feet of gross floor area. Process I, II, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 65 of 146 Section 17. FWRC 19.225.020 is hereby amended to read as follows: 1 19.225.020 Retail use. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZDNE Required Yards (Required Height (Required USE REGULATIONS (Review (Process iLot :size Front Side (each) (Rear of Structure (Parking 'Spaces SPECIAL REGULATIONS AND NOTES b Retail Process None 0 ft. 0 ft. 0 744t. 1 for 1. The city ma, establishment II ft. er each ^-' r^ luirea yard, "night selling groceries, produce and related items; Pess+ble PFE)cess 114 9&4t. - See 300 sq. ft. of gross landseape d h,i&r aR d nther site See notes-4 and 3 — a R design and di rRenri nnai Feguirements f^r a proposed drugs and personal - notes 4- floor de„elepmer.t that meats the care products; ;ee an4-12 area following criteria. books; liquor; nnto 1 and 13 The development a. proposed will hardware, garden, See he the a depte.d home electronics, notes ries fer this com prehensive plat pelm sporting goods; 4-710 zeRec and and related items; 11, and h. The p ea deyelopmept will 14 be de°iqn or works of art consistent witha;icable (excluding bulk guwdeliRes7 acid retail) The streets rid ^then e. utilities, i nfr;;#ri irt, iro in the Retail variety, adequate to en the r s Fepesed specialty, or develepme department stores 2. n„ilding height be :.,rrQas^.- may frew the aright hei..ht p mitted o of 70 ft to 95 ft. in amhange f^r .,i+'e s defined i F%AIRC 9O05 900 Aon^ the rig ht_of_ the situ. design of Rd y.thirh shall be appF yed by the .7irer4er- -31. Retail establishments providing vehicle or boat sales, service or repair, vehicle service stations, and Ordinance No. 23- Page 66 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZUN Front Side (each) Rear'Structure USE REGULATIONS Required Review Process Lot Size (Height of Required Parking Spaces SPECIAL REGULATIONS AND NOTES b retail establishments providing public mini -warehouse or storage facilities are not permitted in this zone. 42. Drive -through facilities are not permitted. may he permitted fe h;;mkg AAA rel;4tPd f0m;iRro I series: .st be aPprGVed by+he faei1'ties M 191iG W der.artment I'lri.re_ 906 thpaugh_ faciktier_ designed Fnids+ —he r. that . ehides will not block +rAffir the street in liRe while w aitmRg and R .ii 11 A;-# [ Ably 0steFfere with site +r-ffir fl.,�., §3. No more than a f+veten-foot building setback is allowed adjacent to principal pedestrian right(s)-of- way, as . etem;iRed h5, the drreftoF unless: it is precluded by existing site improvements, easements, topography, or other site constraints, as determined by the erecter; or to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. 64. Assembly or manufacture of goods on the subject property is permitted only if: a. The assembly or manufacture is clearly accessory to an allowed use conducted on the subject property and is directly related to and dependent on this allowed use; and Ordinance No. 23- Page 67 of 146 USE ZONE CHART gDIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums �pN� Required Yards (Required Height Required (Review (Lot of Parking Process'Size Front Side Rea Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b b. The assembled or manufactured goods are available for purchase and removal from the subject property and are for sale only to retail -purchasers and There is E. no utwa;.d appearance Wiz. (Continued on next page) Process I, II, III and IV are described in For other information about parkingand parking areas, see Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I 19.225.020 Retail use. (Continued) USE ZONE CHART (DIRECTIONS: FIRST, read down to find use .. THEN, across for REGULATIONS Minimums ZONE Required Yards (each) (Rea USE REGULATIONS Required Review Process Lot SiaeFrontSide (Height of Structure (Required-�. Parking 'Spaces SPECIAL REGULATIONS AND NOTES 4 b Retail 7. No rn-a .FA-UR4 l9t Goverag- establishment established IRstead the buildable aFea providing banking and related devele meat req uiFements, financial services Ordinance No. 23- Page 68 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards 014E Front Side (each) iRear'Structure USE REGULATIONS Required Review Process Lot Size Height Hof Required_ Parking Spaces SPECIAL REGULATIONS AND NOTES b I sc� ce el- farzolitmes, Retail eta establishment 95. For community design guidelines providing laundry, that apply to the project, see dry cleaning, Chapter 19.115 FWRC. beauty and barber, -96. For landscaping requirements that video rental or apply to the project, see shoe repair services Chapter 19.125 FWRC. 4,G7. For sign requirements that apply Printing and to the project, see duplicating Chapter 19.140 FWRC. services 148. Refer to Chapter 19.265 FWRC to determine what other provisions of this Other retail not title may apply to the subject property. specifically listed 42-9. Other retail uses not specifically listed in this zone may be approved by See note 12 the director of community development sees if the proposed use is determined to be consistent with adopted comprehensive plan policies for this zone. 17 Secondhand r.-han dice 4;;IA4 ;ire Fn n rrr.itterl rrerren, et a5 ffiRdpal OF .. +his, of Fem19 r-ian, 7 2906 Any ,. r r shall not i ch ffee_vir+inn use if said fer resume aetiyit„ use ceased toe r cu iye Q_menth p er! immediately preceding Febpwar 7, 2OG6 A %' rW Eh use xiStiRg O February 7 2006_ shall be disee tini_-ed- at tine s the . for such ceases anir elme cutiye 12 F"en+h r. A I 74Sr ngle_r+onr buildings may not P-MGeed- ; +e+aI a n,d fleer @rea of PNOf 4 O 4 �!Z f�4!"i h., tL e apff9Ved d rp4nr. fAr mi n4r add innr ri-r__h_yc ntp,r+p lobbies, renting eta o featu rer;_ lamyided, that such Ordinance No. 23- Page 69 of 146 (USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required YardsliV (Required Height (Required CC-� (Review (Lot of (Parking iProcess 'Size Front Side Rear structure;Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 15 b add i+io n(s) shall of exp-eed 4,909 rq. f+ . building in any one consecutive 17_ . +h r Gd a pp roved U .,.der the proyic,r."' elnlor 99 110096 And rr 0 nAr RdditiOR r�r* that each fleer E nta* s at least 79 pei:eent of the gg f+ of the floor heiey, it and- rentairs apFindpal use(s) permitted ir. +h'r ZAAR 1-70. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 11. See FWRC 19.115.090 for structured parkingauidelines. 12. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 13. For additional height limitations that may apply. see FWRC 19.245.010. 14. A minimum of 40% of required parking must be structured parking fQ developments adding more than 5,000 square feet of gross floor area. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Ordinance No. 23- Page 70 of 146 ZONE CHART KTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZQNE uired Height Required C�-e ew Lot of Parking Side REGULATIONS( I I I(each)I -- I I ESPECIAL REGULATIONS AND NOTES 4 U For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 18. A new section FWRC 19.225.030 is hereby added to Chapter 19.95 FWRC to read as follows: 1 19.225.030 Retail shopping center, regional. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZpNE Required Yards Required (Height RequiredC-C USE REGULATIONS Review Process Lot Size (Front Side (each) (Rea of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b Any permitted use Process None 0 ft. 0 ft. 0 70 ft. 1 for 4. as listed in this II ft. 6f each medify fo^ zone. Uses not 1zer,sihle PrGcess Qq ft See 300 sq. ft. of gross IandsEape nd sit See noted aR§ 3 othef Feel ui epnents for a prop esed 111 specifically listed in - notes floor deve',,pmeRt;hat meets;h this zone may be See 11 and area fGIlGWiRg rFiteFia: approved by the n^� 12 The development a. pfelposed will director of See be c-qRsmstemt i.Ao4h *"e ,a^ ted community notes 9 69FR far *"ir, PFehensive plan polmeier development 10, and ZE)Re; and 13 1;PP,ir-PTif the Ordinance No. 23- Page 71 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS b Required Review Process Minimums (Height of Required Parking Spaces ZOAIE SPECIAL REGULATIONS AND NOTES h. The development Lot Size Required Yards Front Side (each) IRear�Structure proposed use is determined to be consistent withguidelines; adopted comprehensive plan policies for this zone. proposed Will be t icable design CORSi5te with p and The and ether C. .fr-a-s+r„e-+„r ;r, the aFea ter r the r,Fepesed adequate peFt deve! epmept-. of 70 ft_to 95 ft in exchan ge_fnPF9r .ddir.... streetsEape ublir4y visible ..0tjes r defEAPCJ it CIAtDT, 0_R�7 �fl the rinht_Of_ aleRg „whi.h the Sit Rg ar.d design of shall be appFeved by h, Jr rearter 31. Retail establishments providing vehicle or boat sales, service or repair, vehicle service stations, and retail establishments providing public mini -warehouse or storage facilities are not permitted in this zone. 42. Drive -through facilities are not permitted..,, ., k ., .,i++..d f.-.r banks related fi senurec and RaRGial Access t9 from drove _thro a;;d g facilities_ must be appFayed_by the uhlis works depaFtMeRt Drove_ through faeoli+ies he designed must .. +h•.4 ...,hi.le� ...ill not b1mr-. 44ffi. n the s+rear whole wai+iRg In line and iRter4ere wit will net uweaseRably .-,n-,; a +r-ffis fl.,�.� §3. No more than a f+veten-foot building setback is allowed adjacent to principal pedestrian right(s)-of- way, as deteKni Red by the direeter unless: it is precluded by existing site improvements, easements, topography, or other site constraints, as determined Ordinance No. 23 Page 72 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use .. THEN, across for REGULATIONS Minimums �pN Required Yards Required Height Required USE REGULATIONS Review Process Lot Size (Front Side (each) Rear'Structure of Parking Spaces SPECIAL REGULATIONS AND NOTES b d;FeEteror to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. 64. Assembly or manufacture of goods on the subject property is permitted only if: a. The assembly or manufacture is clearly accessory to an allowed use conducted on the subject property and is directly related to and dependent on this allowed use; and b. The assembled or manufactured goods are available for purchase and removal from the subject property and are for sale only to retail purchasers-,-a444 e There is eutwa.d peaFanrze Fie mnAi re. es#a-blished Instead the bi hip site .,ill be determined by other area required buffers, parking Int •rface facilities iandscaping s water et & 95. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. (Continued on next page) Process I, II, III and IV are described in Ordinance No. 23- Page 73 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required YardsZppE Required Review Process USE REGULATION IG b Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. eight Required Parking ructure Spaces PECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 1 19.225.030 Retail shopping center, regional. (Continued) USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZpN� Front Side (each) Rear USE REGULATIONS (Required (Review (Process Lot 5i�e Height of Structure Required Parking Spaces C-e SPECIAL REGULATIONS AND NOTES b -96. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 487. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 448. Refer to FWRC 19.265.010, et seq., to determine what other provisions of this title may apply to the subject property. 17. ,�,Cer-e.-lL.�Rd m sales r� Kh Rdise aF ri of permitted al aeeesseFy this Lehr 7 2006 uses n zone as of aty Any sur.14 pFesdstiRg use shall ;;et roc.ma i}i,_if said n a coreri fA Ordinance No. 23- Page 74 of 146 'USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZaNE Required Yards (Front Side (each) Rear 'USE REGULATIONS (Required (Review (Process Lot Size Height of Structure Required Parking Spaces CL-� SPECIAL REGULATIONS AND NOTES b 20C) A—; s .h use ist- n n —06, be disrnt# 0 R. wad shall r tome the . fe at eh as eeases one ..t'v a 42 m nih p nrl -1-9. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 10. See FWRC 19.115.090 for structured parking guidelines. 11. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 12. For additional height limitations that may apiv. see FWRC 19.245.010. 13, A minimum of 40% of required parking must be structured parking. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 19. FWRC 19.225.040 is hereby amended to read as follows: 19.225.040 Entertainment. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 75 of 146 USE REGULATIONS I b USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Required (Review (Process Minimums Height of Structure Required-� Parking Spaces ZONE SPECIAL REGULATIONS AND NOTES Lot Size Required Yards (Front Side (each) Rear Retail establishment providing entertainment, recreational or cultural services or activities Private club or lodge Health club Restaurant or tavern Fast food restaurant Process II Passible PKeEess W - see nete 1 None 0 ft. 0 ft. 0 ft. 7-9-# er 954. See notes 11 and 12 1 for each 100 sq. ft. of gross floor area Health club: 1 for each 100 sq. ft. of gross floor area: 1 for each 500 sq. ft. of sport court and pool Fast food restaurant: 1 for each 80 sq. ft. of gross floor area See notes 9, 10, and _ , landscape bu4ef See notes 1 and and and ether site des^gR apd d4mensienal I - FAentS-f9F a_rtrOnOSe d de„^I^n ^ ,,t that meets the fellewing criteria:. a. The rde.,elopmeRt proposed will her intent with the policies few this Z^^e- and b^ The proposed .deyelOpMe..+ v411 -.ea r_ _,"tent ..with appl;r h1e design q ideline5--an The street anal utilities c. A.ther ipfr,-s+r„r+„re in the area t^ e. t the aFe adequate s PFOP05ed development. nrrrease- f.- the norw�i# m ^U aright height 70 ft to 9 f+ of iR exGhaRge f9F n ..;.din^ r.Whrr .,",_rite apen snare on accord wits, PNRC 4 o 4 rt 5 K 4 n^ of fee in paymept ai4 akeFRatiYe lieu ef pre�Adiny the an site epef; 13 a 5 Use of the ,see sparze. alternative .. I;ei- rh;;11 h.. nt th._..d d 9scret;r.n based on faoars sue ,,d ,- f the rite a r+iRg "pyre' and OF Planned n r.p..n rpnrr. rr J_ertr ___ i.. _.._ thesite. The ;,T;,;mediateVie+nity Of prerzefENMUla &We .,.. _.__ rite .,pe.-, rp-.ram. ...d he fee in lieu altematiye shall approved by the city eew: r;l adepted by the P-Preg-&r of rr.m.+., i*y development r rh;ll he ..n file in the r;t.. r1erL'o Ordinance No. 23- Page 76 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums ZONE Required Yards Required (Height (Required USE REGULATIONS Review Process (Lot ;Size Front Side (each) (each) Rea of 'Structure;Spaces (Parking SPECIAL REGULATIONS AND NOTES egee and he fel'owed_and shall have the full force e#ect as if and fArth fi +ho. chanter. set Pub .-. .i+e ,der -lie. apei; spaee this .erAie . shall he in a.dditieR to aRy other outdoor space e lan dsr=ape aFea Feq Wi red by this Low -1. No more than a 4veten-foot building setback is allowed adjacent to ^ pal peae.+r„n right(s)-of-way, as deter e.l h„ the deree unless: it is precluded by existing site improvements, easements, topography, or other site constraints, as deter., "Red by the diFecter; or to allow streetscape amenities, public on -site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. 42. Drive -through facilities are not permitted for this use in this zone. C No !at ce..ec�..e rnaxjmum instead the b ildab! ..i 11 he detemnicied by ethe. area eh r sire +r_ site de McRt Fne red 19Aer. I:,+ pa Rg la nds F- ate fade+'. etc 63. For community design guidelines that apply to the Ordinance No. 23- Page 77 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZE?NE Required Height Required Review Lot of Parking Process Size (Front Side Rea rStructure Spaces USE REGULATIONS (each) 'SPECIAL REGULATIONS AND IG NOTES b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 19.225.040 Entertainment. (Continued) project, see Chapter 19.115 FWRC. 74. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 95. For sign requirements that apply to the project, see Chapter 19.140 FWRC. -96. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 78 of 146 USE REGULATIONS b 'USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Required (Review (Process Minimums Height of Structure Required Parking Spaces ZUNE 'SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear a-97. Gambling uses are not permitted as principal or accessory uses in this zone �fFehrua „ 7, 2006Any such reexisting use shall RGt resum aetivity if said use r-ear-e-d- f-mr +h., coRseru+ive 12 meeth p ed 29nc Any r„eh idse ex 0Stiny e Febfuan._7_ 2006.z __ shall he di CORtir Ued at tome the fe. such as u eeases an 448. Spas and water parks are only permitted when accessory to Aet hotels, health clubs and similar ied uses. May wde accessory spas not exr=eediR9 2,909 rr ft 12. e 6WFy 19 ildiAg5 H FRay RGt floor of total exceed a ground area ..� ftiA ,leer ,ppFG r,rler+he PFG4'*riAAr A FWRC 94 AQ f1U of appFeved by the D.Jdotj ens such as entry stywrtures- lebbies seating or diRiRg c rnilar bay Wir,. ows and areas, featWer• r yiderl that such add9tion(s) shallnot exceed 1,000 rq. ft r bW0l.fiRg i -Wqa 97_ ME)Rth peried. 9 No mere than 9 nnn se ft of ryey, ar_U.I- ert ttU ding i PF9peA,e app Paved u nder the r.reyi si er s of by the dimeter u e �1 appFeved ndef not y-i 14. Multiple.-steFy buildings are ROt to notes 17 13• a subject and yide.i +he+ yeah flees rentaiRs at least 75 nerrent nf_ he -gross rn _f+ of the floor Ordinance No. 23- Page 79 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Review Lot of Process Size Front Side Rear Structu USE REGULATIONS (each) 4 -> Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 11 ZONE uired-C :ing SPECIAL REGULATIONS AND NOTES permitted OR this 459. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 10. See FWRC 19.115.090 for structured parking guidelines. 11. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 12 For additional hei ht limitations that may apply, see FWRC 19.245.010. 13. A minimum of 75% of required parking must be structured parking for developments adding more than 5,000 square feet of gross floor area. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 20. FWRC 19.225.050 is hereby amended to read as follows: I 19.225.050 Hotel, convention or trade centers. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 80 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Height (Required ZONE Required Yards USE REGULATIONS Review Process Lot Size iFront Side (each) IRea of ' Structure (Parking 'Spaces SPECIAL REGULATIONS AND b NOTES Hotel convention Process None 0 ft. 0 ft. 0 9-5-#t—., Hotel: ^^.,., ^ 6 1. The Gity _ or trade centers II ft 115 # . 1 for each modify FegUiFed yaFd, height Pessuble oc�ss 414 er 145 guest room Convention landseape and bU#eF See notes 4-2er and 3 and Oth .-0�. ribo rinci r.n and nensi e�+� for , proposed - See or trade elevelepment that Wen*r the See notes centers: following criteF`1 10 and Determined The development a. pr4oposed 411 on a case - will be eeRsmstent with th by -case adopted earAprnlonnsmye plan basis „elicier for this wine- �nrl See notes 2 will be rzonr.rtnnt_with applir��iln and 12 . The stm•eets utilities, r.+hLQr Af.;;r+..-ry f.e iR +he the to are adequate support 2-1. If this use includes accessory meeting, convention or other facilities that will be used by persons other than overnight guests at the hotel or motel, the city may require additional parking on a case -by -case basis, based on the extent and nature of these accessory facilities. -2. No more than a fiveten-foot building setback is allowed adjacent to PFOREipal pede aria right(s)-of-way, as -,termed by the .a,recter, unless: it is precluded by existing site improvements, easements, topography, or other site constraints, as det&pr, � the OGF; or to allow streetscape amenities, public on - site open space, or other architectural element(s) or improvements approved under Ordinance No. 23- Page 81 of 146 USE REGULATIONS USE ZONE (DIRECTIONS: CHART FIRST, read down to find use ... THEN, across for REGULATIONS Required Review Process Minimums Height Structure Required Parking Spaces ZUNE SPECIAL REGULATIONS AND NOTES Chapter 19.115. FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. incrnared from the Lot Size Required Yards Front Sideof (eac (each) h} Rear permitted height of ❑S ft. to 115 Q U+right # mha a fe ,id'A, uhliely visible stree+seape amen tier s defined in �iniar 1 n n� 1 on along -the Fight -of way, the sitinn..and ,d,,rg, of which shall he appFeved by the di.eeter BUildiRg heigl t May he frem 1 1 5# to 14 C f+ ncreased .ham a fe priwidi pwi9kr= accordance with an alternative fee is lie4 r.f PFO,idiRg the on site open Use of the f...-. space. altew;Iti„e s,halI he the di....-+., -at discretion heed facur-s on s r=h r. dr i..en en-r of +he ritp n cT@VeInnmeet_nlae to PU1919r opeq space and existing e pla ed .,pen spaee pFejera the km.med':ate .jdRity the Of ri+e The redw for..., 0 Fe and p fnr r_alrEdl-„Lating e a site fee On lieu andpen space al+e,-r atmve rh;)ll he rewmeas shall he en fiie in th ei+" �IerL'� office r,d shall he feltewed and have a the h 41 fete Ordinance No. 23- . Page 82 of 146 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Z�N Required Height Required �C-C Review Lot of Parking (Process Size Front Side Rear Structure Spaces USE REGULATIONS {each) SPECIAL REGULATIONS AND 4 b NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. .,.d effect as if se} feFth in 41 an this_chapteF p .bIir �,, Site Gpen per, .,,der this seEtiO , shall he space or landscape area r.,.d by }his Cede. C Ain m�.._im.�m_I,y} cniear�n�ic established IRstead +he buildable aFea will b development requirepnent5 al Iq germs pa Fi..i..r. I.,+ ' re facilities, etc 664. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. -75. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.050 Hotel, convention or trade centers. (Continued) Ordinance No. 23- Page 83 of 146 USE REGULATIONS b :USE ZONE CHART DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS (Required (Review (Process Minimums Height of Structure Required Parking Spaces ZUNE SPECIAL REGULATIONS AND NOTES Lot !Size Required Yards Frontslde (each) (Rear #6. For sign requirements that apply to the project, see Chapter 19.140 FWRC. -7. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 10Songie_stoFy bui1diRg5 .ot rn exe-verl - Fe+al a Few nd fleer area of tic nnn 9 a f+ ,.,less a erI r„ der+he previsieRsof Ar..raer fer miser arldi+ives s kr-h As try stF :et eras l9bi3me5o tiRq G diRiRg feat Tres; p '„ ide.J that s. rih rir-.+�. ram.,.-1 '3 nnn sq. fh- addi+ion(s)-shall meRth peried. 11. NoMere than 7.6, GO sq. 4, aF new r+e rt e sin.,le c-ens+rU R May OCCUF OR .,rir. :era ding ie ul p exelu approved the under proyisians-of FWRC 4 o In M and rn 0 r add;+ier n rt 7 M 4iele_stap, huilrl..,es e+ a yiderr ubjee+ +e 19 aR.d 1 1; ne+es p that each (leer rentair,s at least 75 of the ., f+ of the A- peFGe.,r g rr,i++erl ir, +' hs 41-38. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). 9. See FWRC 19.115.090 for structured parking guidelines. 10. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Buiidinct height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. Ordinance No. 23- Page 84 of 146 USE REGULATION b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Reauired Yards Kequirea Review Lot Process Size (Front Side (ead Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Height (Required of IParking Lc�,--- Structu ECIAL REGULATIONS AND NOTES 11. For additional height limitations that may apply. see FWRC 19.245.010, 12. A minimum of 75% of required parking must be structured parking for developments adding, more than 5,000 square feet of gross floor area. 13. Where any portion of the subject property is lacated_adiacent to the intersection of multiple streets the ground floor space for a distance of 50 feet from the nearest point of the subject property to any such street intersection, shall be limited to entertainment or retail uses. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 21. FWRC 19.225.055 is hereby amended to read as follows: 19.225.055 Emergency housing and shelter. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 85 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Required Yards �pN Front Side (each) Rea USE REGULATIONS Required Review Process Lot Size (Height of 'Structure Required Parking Spaces CC-� SPECIAL REGULATIONS AND NOTES b Emergency Process None 20 5 ft. :78#t. See 1. Minimum side and rear yards shall housing and III ft. of notes be 20 ft. along residential zones and shelter 2 -00-ft. 11,12 five ft. along all other zones. ;;PH 2. The city may permit these uses See Note 14 See 10, 11, only if: note 15 16 and a. The proposed emergency 18 housing and shelter is distanced at least 1,000 ft. from: i. Any other emergency housing and shelter, or ii. Public schools; As measured from the nearest points of each such property. b. The facility and program secure and maintain all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. Ordinance No. 23- Page 86 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Height Required CC—� Review Lot of Parking Process Size FrontSide Rear Structure Spaces USE REGULATIONS (each} SPECIAL REGULATIONS AND NOTES b g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (i) how the facility will engage with the community; (ii) how the facility will respond to community complaints or concerns; and (iii) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I 19.225.055 Emergency housing and shelter. (Continued) Ordinance No. 23- Page 87 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use - - - THEN, across for REGULATIONS Minimums ENE Required Yards Required Height Required CC-� USE REGULATIONS (Review (Process (Lot ;Size Front Side (each) Rea r'Structure of (Parking Spaces SPECIAL REGULATIONS AND NOTES � b 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. frorl the ehf outright height permitted 70 r+ +e 209 ft on xChange f. r blicty visible r+reet pFaviding p SEape amenities s defined ; wayi• +h., s;+'., .,.7 .-1e of Wh'.h shall he a ,ed by the direr 455. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. -76. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. Ordinance No. 23- Page 88 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Z(]IVE Required Height Required Review Lot of iParking Process ;Size Frant Side Rear Structure 'Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 C* 87. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 98. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 4-09. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 410. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 121. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 1 19.225.055 Emergency housing and shelter. (Continued) Ordinance No. 23- Page 89 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Height Required �C-C Review Lot of Parking Process Size FrontSide Rearatructure Spaces USE REGULATIONS (each} SPECIAL REGULATIONS AND NOTES b 1-32. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW,-including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior, and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable Ordinance No. 23- Page 90 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZC]h Required Yards (Front Side (each) Rear USE REGULATIONS Required Review Process Lot Size Height of Structure'Spaces (Required (Parking CC-C 'SPECIAL REGULATIONS AND NOTES b experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 143. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 1 S. Minimum ":nr. dential paf to requiremeRts subject /r7.7S CIA!O.r-rmG 19.130, - 14. Not allowed in downtown architectural overlay, see FWRC 19.245.020. 15. Developments must ha_we a minimum density of 46 units per acre of developable site area and must not exceed a maximum density of 230 units per acre of developable site area. Building height must be consistent with the minimum density of 46 units per acre of developable site area and maximum density of 230 units per acre of developable site area. For additional height limitations that may apply, see FWRC 19.245.010. Ordinance No. 23- Page 91 of 146 USE ZONE CHART iDIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS Minimums Required Yards ZC?ltil> Required Height Required Review Lot of Parking Process Size (Front Side Rear Structure Spaces USE REGULATIONS (each) 'SPECIAL REGULATIONS AND NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 16. A minimum of 95% of required parking must be structured parking. 17. A minimum of 15% of the ground floor must be, comprised of non- residential use. Where any partion o€ the subject property is located adjacent to the iri ersection of multiple streets, the around floor space for adistance of 50 feet from the nearest point of h subject property to any such street intersection, shall be limited to entertainment or retail uses. Modifications to the requirements of this note may be granted_ by_the Director where commercial viabili f the non-residential uses would be compromised by limits on visibility, lack of convenient access or parking, or conflicts with surrounding uses. 18. See FWRC 19.115.090 for structured parkingauideiines. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 22. FWRC 19.225.060 is hereby amended to read as follows: I 19.225.060 Parking garages. Ordinance No. 23- Page 92 of 146 The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE REGULATIONS IG b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Required (Review (Process Minimums Height of structure (Required (Parking 'Spaces ZpN SPECIAL REGULATIONS AND NOTES Lot 'Size Required Yards Front Side (each) Rear Above -grade structured parking facilitiesvisible Process III None 4G f� G-ft-. 8 f-. 4-568 ft. None 1. NO {rent real setharh isFeqt yard irthe ~ 9~~r f...-de frE" f e w F;d fresn the -rinht__ef_way 60 retail 94irse .. ether I ~~rMitted is this -.-.._, 0 ft. oft. 0 ft. eF ether <<es de+ermined- by the di rectr.r of 1 n cooccr he lstepty0ith ~_ rehensiye for thisrune; .and the notes and 5r� plan polities eRtranE8(S) to this use or uses are Otherwise; a 10 ft- it setha.L Fequired. established -.Instead the b,,ildshl-e. ..ill he deter -mined by n+her site area rd., ele nt . fAs quised buffers narking Int facilities landscaping 5UrFare water etF -1. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 42. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. S. The a,dditrORal city m requime I a s.a h� pffers P_ e_b Rd pi Rg er y cafes basis. Q. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 4. Where any portion of the subject property is located adjacent to the intersection of multiple streets,the ground floor space for a distance of 50 feet from the nearest point of the Ordinance No. 23- Page 93 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Zpjy Required Height Required �C-C Review (Lot of Parking Process :Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b subject property to any such street intersection, shall be limited to entertainment or retail uses. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 23. FWRC 19.225.070 is hereby amended to read as follows: 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: 'USE ZONE CHART .DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Z{3rVE Required Yards Required (Height Required Review Lot of Parking :USE REGULATIONS Process Size Front Side (each) Rear'Structure Spaces SPECIAL REGULATIONS AND IG b (NOTES Multifamily Process None Multifamily 74f L Multifamily '. The „Sing n.^re&s city may, dwelling units II dwelling units, of dwelling "' modify re9wiFed yaFEI senior housing, 200 ft. units: 1 per height, let eavef^ne; er Ordinance No. 23- Page 94 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards (Required Height 'Required (Review Lot of (Parking USE REGULATIONS (Process Size 'Front Side (each) Rear Structure Spaces SPECIAL REGULATIONS AND 4 b NOTES (stacked dwelling Pess+bfe or special - unit if site deSi R and dimensional units) Process needs housing: See ueFeU+ aE4 same as these notes Gf4p development that meets th Senior citizen or regulations for 4-4 and s following cri+^ri,: special needs See ground floor 5 parking E) a. The prop housing (stacked note 1 use 1.7 per unit development be n' will consmst dwelling units) O with the adopted Stand-alone senior citizen ff FeheRsi e plan ..Beier fr. r +hir or special See notes Z " The „r^,n^r^�' needs housing: 4-614 devel^„„,,,„+ be 20 �5ft. 5 -vill With !he applicable desig through ft. ft. 2917 ideliRes; aRel Senior See notes 1, 2 r The r+r^^+ utilities .. rl , ether infrartry ctur^ ;n the , are to r the and 10 citizen adequate oi4 housing: 1 pFepGsed deyelepme^+ for each unit 2-1. No setback is required adjacent to rights -of -way for Special senior citizen and special needs needs housing, when publicly visible housing: 0.5 street-scape amenities, as for each unit defined in FWRC 19.05.190, are located along the right-of-way; Affordable the Si+,n^ .d^ri.,n ,. N64 and Of dwelling shall be appFeyed by the units dMrPC#Ar. provided -32. A minimum of 15 percent pursuant to of the ground floor must be FWRC comprised of nonresidential 19.110.010: 0 uses open to the public. Where for each unit any portion of the subject property is located adjacent to the intersection of multiple streets, the ground floor space for a distance of 50 ft. from the nearest point of the subject property to any such street intersection, shall be limited to entertainment or retail uses. Ground floor space limited to Ordinance No. 23- Page 95 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Height Required Required Yards USE REGULATIONS Review Process Lot Size Front Side beac (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND b NOTES entertainment or retail uses under the preceding sentence may count toward the 15 percent nonresidential use requirement under this note. Modifications to the requirements of this note may be_grant_ed by the _Director where commercial viability of the non-residential uses would be compromised by limits on visibility, lack of convenient access or parking, or conflicts with surrounding uses. 43. Primary building entries to residential, retail, or parking must face a pedestrian pathway ne .lt4amw ly r sideRtia! floor ground parkmR9 Virible frr. aFte: al streets -54. Developments must have a minimum density of 46 units per acre of developable site area and must not exceed a maximum density of M units per acre of developable site area. Building height must be consistent with the minimum density of 46 units per acre of developable site area and maximum density of 230 units per acre of developable site r�M'S�he in Yrn�reri frhrrt the peFmitted autright height „f 7f1 ft to 71V1 ft. i n . ehi anr.e for providing publicly visible streetseape Rit'er defined in r,"'-NC�9 along the -Nay,, right -of -the Ordinance No. 23- Page 96 of 146 LISE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Required Height Required ZONE CC—� Required Yards USE REGULATIONS (Review (Process Lot Size Front Sideof (each) (eac h} Rear Structure Parking Spaces SPECIAL REGULATIONS AND NOTES ri+is.n_and des.gn of which rI-.�li he a ,ed by the dirr.s+er 5. For additional height limitations that may apply, see FWRC 19.245.010. 6. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p- patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 7 Ae r common o . +s f. housing orspecial needs housing may he reduced a++L e dissrstoAR s.f+ham, di 4 Feet Fe open snare s+d„ de � � Rts that Ia needs of the side.,+s (Continued on next page) Process I, II, III and IV are described in Ordinance No. 23- Page 97 of 146 USE REGULATION b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZUNE Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces (each) SPECIAL REGULATIONS AND Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 19.225.070 Multi -unit housing. (Continued) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Lot Size Required Yards USE REGULATIONS Required Review Process iHeight of 'Structure Required Parking Spaces ZONE SPECIAL REGULATIONS AND NOTES Front Side {each} Rea b Asteag the buildable est-ablished ll .,ill be deteFpAlned by ethe.. � +, de elO Rt req uirerReRtr_e-g laildr ''rfA_ra;A'ateF faGilitio aMeRg the 97. For community design guidelines that apply to the project, see Chapter 19.115. FWRC. 408. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. -�9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. Ordinance No. 23- Page 98 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZaIVE (Front Side (each) Rea USE REGULATIONS Required Review Process Lot Size (Height of ,5tructure'Spaces (Required (Parking �C-C SPECIAL REGULATIONS AND NOTES b -1410. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 4- 11. Chapter 19.270 FWRC contains regulations regarding home occupations. 4-412. For affordable housing requirements, see FWRC 19.110.010. 4-13. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC.. 4 G Da rLi.-g May henyided structured Parking OF FAa y be peFw itted a surface n rlrinr. 4-714. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 18 SuFfaee pa_dr4wj4Fe&&49F rn „ltifaw.ily rdeve! opment Fn- ist '- leEated that they se arc not visible frorn arterials ., ,-.».J. sy+ -n III.,. When rlaternnined- by the eity develop „t rd'rertor er e� moire designee that r ent is __.7"-- _..�_ ___.. , _.._ ._ .._ s eh o feasible, „Maraparking may he srreened Frew, publiE view by -a elid ..gall hedge r.ampaet e n a fe On a manner appreyed I�.,, OF ' or the . pity deyelepmeRt rdirerter r .de 4- 15. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). 16. See FWRC 19.115.090 for structured parking -guidelines. 17, A minimum of 95% of required parking must be structured parking. Ordinance No. 23- Page 99 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS Minimums Required Yards �pN� (Required Height Required C�Y� (Review Lot of (Parking (Process Size Front Side (Rear Structure'Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Y,aWRg 20 HAmm.v,urn residential Fequirements subject to LIAld!' � ❑ � �n a�n Process I, 11, 111 and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, . Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19:125.160 et seq. Section 24. FWRC 19.225.075 is hereby amended to read as follows: 19.225.075 Permanent supportive housing and transitional housing. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums 7AN Required Yards Required (Required ��— Review Lot Lot 'Height (Parking USE REGULATIONS Process :Size Front Side (each) Rear Coverage of Structure Spaces .SPECIAL REGULATIONS AND NOTES 4 Permanent Process None 44ft—.None None 78#t er See 1. Any proposed supportive housing III 299#E notes permanent supportive -17 housing or transitional Ordinance No. 23- Page 100 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS Minimums Maximums Required Yards Required 1Required Review 'Lot Lot ( Height !Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage�nf 'Structure :Spaces SPECIAL REGULATIONS 4 AND NOTES b and transitional See 13, 19 housing facility with more housing notes and 20 than two units, or which 1417 brings the total number of and permanent supportive 4218 housing or transitional housing units on the property to more than three units, must be distanced at least one and one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 41-0150 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve Ordinance No. 23- Page 101 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required YardshE Required (Required Review Lot ILot Height Parking USE REGULATIONS Process Size Front Side (each} Rear Coverage of St Structure ;Spaces SPECIAL REGULATIONS 4 AND NOTES concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. WheFe the bUildiRg io located near a right_of_ iS+ of A si.J.,Rtial space (-s) wir3i_� m.ni.•r.m or to ceiling hek h+ Gf Ordinance No. 23- Page 102 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS USE REGULATIONS (Required (Review (Process Minimums Maximums Required Parking Spaces Z�14E SPECIAL REGULATIONS Lot 'Size Required Yards Lot Coverage (Height St ructure Front Side (each) Rear AND NOTES 13 f+• o side tial spaces to the stFeet_eape A minimum of 15% of the ground floor must be comprised of non-residential uses open to the public. Where anv portion of the subject property is located adiacent_to the intersection of multiple streets, the ground floor space for a distance of 50 feet from the nearest point of the subject property to any such street intersection, shall be limited to Entertainment or Retail uses. Ground floor space limited to Entertainment or Retail uses under the preceding sentence may count toward the 15% non- residential requirement under this note. Modifications to the requirementsof this note may be granted by the Director where commercial viability of the non- residential uses would be compromised by limits on visibility, lack of convenient access or parking, or conflicts with surrounding uses. 10. Primary building entries to residential, retail, or parking must face a Ordinance No. 23- Page 103 of 146 USE REGULATIONS b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Review Process Minimums Maximums Required (Parking Spaces ZONE SPECIAL REGULATIONS AND NOTES Lot Size Required Yards (Lot Coverage, Height :structure Front Side (each) Rea pedestrian pathway_ H4 -arter aI Street with r, multifamily r sideRtial from streets arterial visible 11 All buildings except fer related pad(iRg structures ., to 65 f+ in height (six rhe:.es) m Est he gabled r A with pit.hed unless the bUildiRg is taller+han 39 fF (three stories) with a multifamily ultifa..� ill open space irrc� Fequ r +S 17 g heigt be wil.diRg may red from +he permitted outright he;eh+ of 70 ft. to 'inn f+ On ..chaRge for r VidiRg uhliely visible streetscape amenities, s defiRed i C1AlDr 'FO .. 129 alenn.+he way7i the right ef_ siting de-i..., and he a ,ed h„ +he d u rectBF (Continued on next page) Process I, II, III and IV are described in For other information Chapter 19.55 FWRC, about parking and parking Chapter 19.60 FWRC, areas, see Chapter 19.65 FWRC, Chapter 19.130 FWRC. Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Ordinance No. 23- Page 104 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards ZONE Required Required Review Lot Side Lot Height parking USE REGULATIONS (each) Process Size Frontt(each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.075 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART !DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Z�NIE Required Yards (Required Required (Review Lot Lot Height Parking USE REGULATIONS (Process Size Front Side (each) Rear Coverage of Structure 'Spaces SPECIAL REGULATIONS AND b NOTES 4311. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, P- patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in - lieu payment may be utilized Ordinance No. 23- Page 105 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums USE REGULATIONS Required Review Process Required Parking Spaces ZUNE SPECIAL REGULATIONS AND Lot Size Required Yards Lot Coverage IHeight of Structure Front Side (each) Rea b NOTES for up to 50% of the usable open space as specified in FWRC 19.115.115. 4-412. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. S 4arc e naF'(mR . aFeas m St he le-eated se that they Virihle iram aFe ,, aFterials or pedestrian eFieRtecl by the dri eGter or design that o ch r nt i r)t feasible, a su paFkii4g may her no i Lrr m t lir ..io..r b a cempact eveFgFeeR hedge,a elod wall r.r ieRe.� nnQ, hsr appFryed 4-613. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 4714. Alternatively, an applicant may choose to submit a parking study in Ordinance No. 23- Page 106 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards ZDNE Required Required CC_C Review (Lot Lot Height parking Process Size Front Side IRear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND 4 b (NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. accordance with FWRC 19.130.080(2). 4-915. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.075 Permanent supportive housing and transitional housing. (Continued) Ordinance No. 23- Page 107 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Zoly� Required Yards (Required Required (Review (Lot Lot Height Parking USE REGULATIONS (Process ;Size Front Side {each} Rea Coverage of Structure Spaces 'SPECIAL REGULATIONS AND b (NOTES c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. Ordinance No. 23- Page 108 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums USE REGULATIONS Required Review Process iRequired (Parking Spaces ZUNE C�-C ;SPECIAL REGULATIONS AND Lot Size Required Yards Lot Coverage Height 'St :Structure Front Side (each) (each) Rea � b NOTES e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 4-916. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 17. Developments must have a minimum density of 46 units per acre of developable site area and must not exceed a maximum density of 230 units per acre of developable site area. Building height must be consistent with the minimum density of 46 units per acre of deveioopabie site area and maximum density of 230 units per acre of developable site area. 18. For additional height limitations that may apply, see FWRC 19.245.010. Ordinance No. 23- Page 109 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards ZONE Required Height Required CC_C Review ILot Lot of Parking USE REGULATIONS (each? St Process ;Size Front Side Rea Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 19. A minimum of 95% of required parking must be structured parking. 20. See FWRC 19.115.090 for structured parking guidelines. parking requirements subjec4 t9 FWRC 19.1 fS7f5 For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 25. FWRC 19.225.080 is hereby amended to read as follows: 19.225.080 Hospital - Convalescent centers - Nursing homes. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 110 of 146 US REGULATION E S b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces ZONE Cc C :SPECIAL (REGULATIONS AND (NOTES Lot :Size Required Yards Fron t Side (each ) Rear Hospital facilities, convalescent centers or nursing homes Process II Perribi e PFecess 14 - &ee " Non e 20 ft. 0 ft. 0 ft. 454t-. aheue average 1961ildiRgstaff eleva is See notes 1-6 and 7 Hospital (primary care): 1 for each 3 beds, plus 1 for each doctor, plus 1 for each 3 employees Convalescent/Nursin g homes: 1 for each 3 beds and 1 for each 2 employees See Notes 5 and 8 1 The city ma, coo Rater 1 and 4 T , IaR dseape buffer and and- ether. ,deri^r, site req6iirements proposed development +h,+ Meets the felleWiRg criteria: a. The proposed 4eyelopmer.t will he consistent w dth the adepted c-empFeheRSiveply policies for this a4i4 h Then sed .development M11 hr-Apre irtent wroth applicable rleri.,n guidelines; e. The streets utilities, and ethe nfrartru in the cture adequate to .d err 7 Ne m m let c-eveicage is establishes! Instead the h--ilrl-hle area .,ill he determined by ether site sd e� ,ems ntr required buffers, nar Ordinance No. 23- Page 111 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums �iVE Required Yards US REGULATION E S (Required (Review (Process (Lot 'Size Fron t 'Side i(each ) (Rea Height of 'Structure (Required (Parking Spaces SPECIAL (REGULATIONS AND b (NOTES I.,ndscapiRg surfaEe water facilities etc -1. For community design guidelines that apply to the project, see Chapter 19.115 FWRC 42. For landscaping requirements that apply to the project; see Chapter 19.125 FWRC &3. For sign requirements that apply to the project, see Chapter 19.140 FWRC 64. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 5. See FWRC 19.115.090(4)(a) for structured parking requirement. 6. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the Ordinance No. 23- Page 112 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards TONE Required CC C (Height of (Required Review (Lot IFron Side Structure (Parking Spaces US REGULATION Process 'Size �t (each Rear SPECIAL E S ) REGULATIONS AND 4 b NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. maximum FAR of 10.0. 7. For additional height limitations that may apply, see FWRC 19.245.010. 8. A minimum of 75% of required parking must be structured parking for developments adding more than 5,000 square fleet of gross floor area. 9. Where any portion of the subject property is located adjacent to the intersection of multiple streets, the gmund_floar space for a distance of 50 feet from the nearest point -of the subject property to and street intersection, shall be limited to entertainment or retail uses. For other information about parking and parking areas, see Chapter 19.130 FWRC For details of what may exceed this Ordinance No. 23- Page 113 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZiINE Required Height of Required Review Lot Fron Side Structure Parking Spaces US REGULATION process Size {each Rear SPECIAL E S t j REGULATIONS AND b NOTES height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 26. FWRC 19.225.090 is hereby amended to read as follows: 1 19.225.090 Schools — Day care facilities, commercial. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS. Minimums ZONE Required Require Yards CC-C d (Height of (Required Review (Lot Size Side Structure (Parking Spaces SPECIAL US REGULATION process Fron Rea E S t (each •r REGULATIONS AND b IN OTES Schools, business Process Non 20 0 ft. 0 qq ft High school: 1 for each 1 The eity R or vocational II e ft. ft. abeve employee and 1 for each usiRg pFer=ess 41 school Pc)ssibl average 10 students m^ �;f required So .,+or 1 Q e �e-f-fVC'G�--r buildiRg yard, height, Day care facility, mess aed9 ��; Elementary/Middle: 1 for landscape aad commercial f14 feF gyms +f leeated each employee h--ffe. -Ap-1 .,+her site design - See 100 #. er Business/Vocational/Tra and gal Bete 1 e de: 1 for each employee requiFeMe +S f^r from and 0.5 for each student I pFepesed Ordinance No. 23- Page 114 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONIE Required ,Require Yards US REGULATION E S b Id Review Process Lot :Size (Height of 'Structure adjacent Wit+ Required Parking Spaces Day care: 1 for each 300 SPECIAL REGULATIONS AND NOTES deyelepmen++ham+ Fron t Side (each Rea r ee+r the fell a! zeee sq. ft. of gross floor area er+ The - 5r. awe average building aeleeyat*een See Notes 10 and 13 a. proposed develepment will he isten+ ,yit +he adepted oho p policies fer+hie fer all etheF strueture ZORe; and la. The ee.J prep t�nude.nlept.;ll be eensesten+ with nl;eable design See guidelinee� n,l notes 11 e The streets, and 12 utilities, and e+her nfrastru ;n the cture proposedarea are adequate deve!E)PM Rt. 7 Fe r+r6 a+, aR l Rf Kea ie- R height abe„e +he I I .J Ay,e shall ne+ hleek views designated by the comprehensive plan 41. Day care facilities must contain an outdoor play area with at least 75 sq. ft. for each child using the area at any one time. This play area must be completely enclosed by a solid fence or other Ordinance No. 23-_ - Page 115 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Z[]IVE Required (Require YardsC-� d Height of Required US REGULATION Review (Process 'Size 'Size Fron Side (Rea Structure Parking Spaces SPECIAL E S t (each r REGULATIONS AND b NOTES screen at least six ft. in height. Way stry ety ed play t hr + aFeas hark at least five ft. i+p,e-. Q. Day care facilities may include accessory living facilities for one staff person. §3. All activities pertaining to schools or business or vocational schools, such as auto repair or other uses that may impact adjacent properties, must take place within an enclosed building. 64. Day care facilities and schools must comply with the requirements of the State Department of Social and Health Services and/or the State Superintendent of Public Instruction. Pie Fsaxip� established. IRstead thn h1Wrl;hta Ordinance No. 23- Page 116 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZUi�1 Required Require Yards C-C d Height of (Required US REGULATION Review process (Lot Size Fron Side (Rea Structure Parking Spaces 'SPECIAL E S t Qeach r (REGULATIONS AND � b 1 (NOTES by etheF site development ntS buffers,requiFed paFkiRg let landscaping, supfaee ,ater f-.-iIi+ies etc 85. For community design guidelines that apply to the project, see Chapter 19.115 FWR C. -6. For landscaping requirements that apply to the project, see Chapter 19.125 FWR C. -1-07. For sign requirements that apply to the project, see Chapter 19.140 FWR C. 44-8. Refer to Chapter 19.265 FWR C to determine what other provisions of this title may apply to the subject property. (Continued on next page) Process I, II, III and IV are described in For other Chapter 19.55 FWRC, information about Ordinance No. 23- Page 117 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required ZONE Require Yards CC-C ew US REGULA E S 4 b Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Height of Required Side Structure Parking Spaces SPECIAL ron each Rea r REGULATIONS AND NOTES parking and parking areas, see Chapter 19.130 FWR C. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.090 Schools - Day care facilities, commercial. (Continued) USE REGULATIONS b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Review Process Minimums iHeight of Structure Required Parking 'Spaces ZONE CC-� SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rea 12 Cchoeis r locate GQRt�inorr en rite fer *hp #eFage of e aS 8e. acrarr9ry ffepar,adR plieg e reRtaiRerr m he located i not any required Landscaping may be yard_ by the dirartr.r of communit.i requir,ed deyelepmest ser;ciees +e r n the ..rtellti+i.,.. if the Iec-a+7.3.� picepesed he visible Grem a right wa.: public of Ordinance No. 23- Page 118 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZUIVE Front Side (each) IRea USE REGULATIONS (Required (Review (Process Lot Size Height of :Structure'Spaces (Required (Parking SPECIAL REGULATIONS AND NOTES b uhie,4 to FeY and_appFe ,nl iindnpk'eEesc eW r I drr rtr.r'r nnrGVal Unlnrr „hirh rasa the siting of the prc�ert. ....taimerhe d part y.oill Fey e as of the ever -all .development n sal and object to the W .,rderlyiRg revio , profess. 439. Site design, including the location of parking and passenger loading areas, shall be designed to reduce impacts on nearby residential areas. 10. See FWRC 19.115.090 for structured parking guidelines. 11. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 12. For additional heiaht limitations that may apply, see FWRC 19.245.010. 13. A minimum of 75% of required parking must be structured parking for developments adding more than 5,000 square feet of gross floor area. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 27. FWRC 19.225.100 is hereby amended to read as follows: Ordinance No. 23- Page 119 of 146 19.225.100 Government facility, public parks, public transit shelter. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE REGULATIONS IG b USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Required (Review (Process Minimums Height -of Structure;Spaces (Required IParking ENE 'SPECIAL REGULATIONS AND (NOTES (Lot :Size Required Yards Front (each) (.each) IRea Government facility Public parks Public transit shelter Process II Pessmble Process a-I-E See nn� Transit shelter: Process I None Government facilities: 7-5-4-. See notes 47 and 98 Government facility: Determined on a case - by -case basis See Notes 6 1. The city may, „ring IaFocess 11' FROd:f. re UiFedyard hei9tA laR dWape and buffer 2-0 ft. 0 ft.0 ft.— and other design dimer;siena site aF;d deyelnr men+ +hy+ rr.00+r the fellewir,^ cr;+er,,. a. The prop rn J deyelnr,MeRt will be conric+onr with the adep+erl r^mp;ehessiye plan; jaeliEies f. r this z ^^, and " The prepnrer, A- ^..t yil' be eAAq91#PA* 1261" l(s� Determined n a ease-by-easeand 9 Public parks: parks: by the parks director See Notes 6 ba4s D� �hlic +ronri+ "` shelter: 0-#-. g#t-. 0 ft-. p with artnlrahlctdnc.� irt �idell^r• and ^ r, r The streets utilities, and n+her wt ire +hn ;; T and 9 Public transit shelter: None are adequate to s r,r++he propesed devekVn4e^+. 2. DrepGsed narks must hn cnnrir+en+, with the city adopted compreheRsmye parrs AIr. m In+ r M established. Instead! the buildable area will be .determined by-erhrsr. � development r remeR+r red buf &F .-��rL'nr. Ic.+ ' landseaping ' facilities, a+c c Ordinance No. 23- Page 120 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ _ . THEN, across for REGULATIONS Required Minimums Height Required Z�N Required Yards USE REGULATIONS Review Process iLot Size Front Side (each) (each) (Rear of Structure Parking Spates :SPECIAL REGULATIONS AND a (NOTES 41. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. S2. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 63. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 74. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. A Other retail useS RG)t spee listed ip this =ally may be approved by the develop sepop res, if th.. proposed r d- termined to hp rAAriqtP.At with a,-1epte comprehensive plan policies.fnr +hmni z'-vrtc: -95. Minor and supporting structures constructed as a functional requirement of public parks may exceed the applicable height limitation; provided, that it is theam d;,=ecte si-p,iri— determinesd that such structures will not significantly impact adjacent properties. 6. See FWRC 19.115.090 for structured parking_ guidelines. 7. Developments_ must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building height must -be Ordinance No. 23- Page 121 of 146 USE ZONE CHART iDIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards (Required Height Required �C-C (Review (Lot of Parking USE REGULATIONS (Process :Size (Front Side (each) ,Rear Structure Spaces SPECIAL REGULATIONS AND b NOTES consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 8. For additional height limitations that may apply, see FWRC 19.245.010. 9. A minimum of 75% of required parking must be structured parking for developments adding more than 5,000 square feet of gross floor. Process I, II, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required ' yards, see FWRC 19.125.160 et seq. Section 28. FWRC 19.225.105 is hereby amended to read as follows: I19.225.10.5 Public transportation facilities. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART REGULATIONS I DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Ordinance No. 23- Page 122 of 146 Minimums ZONE Required Yards Minimum CC-C Required Maximum Required Review Lot Height of Parking USE Process Size Front Side Rear Structure Spaces SPECIAL REGULATIONS (each) AND NOTES b Light rail or Process None 0 ft. 0 ft. 0 ft. 75 ft. 500 1. If approved by the commuter rail transit IV above spaces for director, the height of a facility Except 20 ft. along average light rail structure may exceed 75 See note single-family building or ft. above average building 17 residential zones elevation commuter elevation (AABE), if the (AABE) rail increased height is facilities necessary to See notes with accommodate the 1 and 2 transit structural, equipment, or stations operational needs of the use. See notes 2. Building height may 13, 14, 15, not exceed 75 ft. AABE 16, and when located within 100 17 ft. of a single-family residential zone. 3. The proposed development will be consistent with the adopted comprehensive plan policies for this zone. 4. Minor and supporting structures constructed as a functional requirement of a facility may be allowed at the same height as the primary structure, provided the director of community development-_,-� determines that the facility and any related supporting structures will not significantly impact adjacent properties. 5. The subject property must be designed so that truck parking, loading, and maneuvering areas; areas where noise generating outdoor uses and activities may occur; Ordinance No. 23- Page 123 of 146 and vents and similar features are located as far as possible from any residential zone, conforming residential use, or natural systems. 6. The streets, utilities, and other infrastructure in the area must be adequate to support the proposed development. 7. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e., required yards, landscaping, surface water facilities, etc. 8. For regulations pertaining to outdoor use, activity and storage, refer to FWRC 19.125.170. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. For other provisions of this chapter that may apply to the subject property, see Chapter 19.265 FWRC. 13. A reduction to the minimum required parking spaces may be allowed provided a transit station access and parking study is submitted as part of the development application for city -issued land use approval to inform any decisions regarding the Ordinance No. 23- Page 124 of 146 reduction of parking. The scope of the study may include, but is not limited to: the existing supply, utilization, and availability of publicly accessible on - street and off-street parking, projected changes to transit ridership, traffic (vehicle trip generation), and area parking availability likely to result from any interim or alternative station access and parking scenarios. The director may grant, after consultation with the city traffic engineer, a modification to the minimum number of parking spaces based upon the result of the transit station access and parking study and the approval criteria in FWRC 19.130.080(2). (Continued on next page) Process I, II, III and IV are described in For other information Chapter 19.55 FWRC, about parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.105 Public transportation facilities. (Continued) Ordinance No. 23- Page 125 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Minimum ZONE Required Yards (Required Maximum Required CC-C Review (Lot Side Height of Parking USE REGULATIONS (Process Site Front (each) Rear Structure Spaces S p SPECIAL REGULATIONS AND NOTES b 14. Provision of parking may be phased consistent with a phased parking plan included and,analyzed in the transit station access and parking study. The phased parking plan must specify the percentage of required transit parking access to be accommodated at the time of certificate of occupancy issuance for the transit station, any applicable milestone years for provision of additional parking, and the frequency at which particular land use or transportation conditions will be evaluated for potential updates to the phased parking plan. The phased parking plan must be consistent with the findings of the access and parking study and the approval criteria in FWRC 19.130.080(2). An agreement shall be executed between the city and applicant, prior to issuance of building permits, to ensure station access and parking services are provided consistent with the phased parking plan. 15. In general, surface parking shall not be permitted. Surface parking may be permitted if the director determines that the proposed surface parking achieves comprehensive plan and/or subarea plan goals and policies, and: a. Structured parking cannot adequately accommodate the provision of limited purpose parking such as ADA parking spaces, short term parking spaces, and electric charging stations; or b. The proposed location of surface parking is on land with low Ordinance No. 23- Page 126 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use . _ _ THEN, across for REGULATIONS Minimums Required Yards (Minimum ZONE Required 'Maximum Review Lot 'Height of (Required CC-C Side Structure 'Parking Process Size Front Rear S USE REGULATIONS (aceseach) p 'SPECIAL REGULATIONS AND NOTES b redevelopment potential, such as under a railway, where structured parking would be impractical; or c. The potential exists for the future conversion of the proposed surface parking, including parking provided in accordance with a phased parking plan under note 14, to structured parking as part of a transit -oriented development, public -private partnership, or similar means of redevelopment, and the applicant and the city have executed an agreement specifying the date when, or conditions under which, the surface parking shall be converted to structured parking if no redevelopment occurs. (Continued on next page) Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.105 Public transportation facilities. (Continued) Ordinance No. 23- Page 127 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Minimum ZONE Required Yards Required (Maximum Required CC-C Review Lot Side Height of Parking USE REGULATIONS Process Sine Front (each) Rear:3tructure aces S p SPECIAL REGULATIONS AND NOTES b 16. Parking required by this chapter shall be no more than 800 ft. from the proposed transit station. The distance shall be measured along a city- approved pedestrian path from the transit station entrance to the closest public pedestrian entrance to the parking facility. The director may grant a modification to the maximum distance between parking required and the proposed transit station based on consideration of how pedestrian weather protection, crosswalk improvements, lighting, street trees, sidewalk width, and wayfinding are able to facilitate seamless access integration, as well as the approval criteria of FWRC 19.130.090. Notwithstanding the foregoing, the applicant may enter into a shared parking agreement with another property owner to utilize existing surplus parking on properties located within 800 feet of the facility, or where a direct transit link (e.g. bus, shuttle, etc.) will be provided between the parking and the transit facility, to satisfy a portion or all of the parking requirement. Shared parking is subject to the approval criteria of FWRC 19.130.120. Shared parking is not subject to the requirements of note 15. 17. Project will be reviewed as a Class I Essential Public Facility; refer to FWRC 19.105.020(2). Process I, 11, III and IV are described in Ordinance No. 23- Page 128 of 146 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Pa --red Yards u i red USE REGULATIONS b Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Minimun Maximum Required side Height of Parking Rear Structure Spaces each) ZONE CC-C PECIAL REGULATIONS AND NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 29. FWRC 19.225.110 is hereby amended to read as follows: 19.225.110 PuNic utility. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE REGULATIONS � b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces ZONE CC-C SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear Public utility Process II �essi Ie pmcess +� �c See RGte None 2-0 ft. 0 ft. 0 ft. 60 ft. above average building elevation 9pp. AA*P. �cc-rtvcc Determined on a case- by -case basis �, The +„ ,,�„ HSiRg , pFeeess ni a dif" requiFed hei h+, coo Reter 1 a yam, ether site aeSi9R and en+r fer a Ordinance No. 23- Page 129 of 146 +hat mil ee+r +he f.,llGWiRg r r a. The prepesed development Will he ir+eRt With +he adepted compreheRSiVe plan pelides fer+his ZGRei r el a h The p reel rleyelepmer.+ ,.,ill he apr kable denier, ,ideliRer• aR4 r• The streets, utilities, r hd a+her iip. rastr„ct ire P the area are adequate to suppeft the Seri .d a e Tt. 7 If .de+ermi.ne.d to -Recessar„ mitigate +e r, rrA. P dip the may properties r city require a.d.di+ier,aI J--sdseaping er S-u#err on case -by -case ha - Ne m m le+ it er+ahlirherl -overage Ir,r+vo.d +he h,ilrl�hle , „ill 1•e .de+er,-.,inert 'vrYe-a' '-sm,-vc-tiacc�r�rrrrlczr by other site .d a eTt r,+r Fe9wiFed bu#eer p„•Ling let laR dscaPiR.. surface Ater f-arili+ier etc 41. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. §2. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. Q. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 7-4. Refer to Chapter 19.265 FWRC to Ordinance No. 23- Page 130 of 146 Process I, II, III and IV are described in Chapter.19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. determine what other provisions of this title may apply to the subject property. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 30. FWRC 19.225.120 is hereby amended to read as follows: I 19.225.120 Personal wireless service facility. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Zflry Required Requir ed Yards iRequire Maximum Landscapi d Review Lot Side (Height ng .Signs Parking SPECIAL REGULATIO Proces Size Rea Spaces 'REGULATIONS E NS s 1t t �(eac h) r AND NOTES 4 b Personal See Non See notes 1 Refer to See note Not N/A 1. For setbacks, wireless service note 2 e and 4 FWRC 19.256.15 4 allow see facility 0 for maximum ed on FWRC 19.256.150( heights for a 4)(b). See note 5 for allowed types of PWSF 2. Subject to allowed types PWSFs meeting all of PWSFs applicable See note 3 development standards, the Ordinance No. 23- Page 131 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZpNg Required IRequir ed Yards Require Review Lot iMaximum Height Landscapi ng Signs 'd ParkingREGULATIONS SPECIAL US REGULATIO Proces Size IFron ;Side Rea Spaces E NS It hjac r AND NOTES b review process used shall be process I, except for the following proposals: a. Process II if the PWSF is a new freestanding PWSF. b. Process III if the PWSF is a lattice tower accommodating four or more providers. 3. Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 ft., plus any height granted under FWRC 19.110.060. A PWSF shall be allowed up to 120 ft. if there are two or more providers; except that a lattice tower of between 120 ft. and 150 ft. will be allowed under a combined application of four or more providers. Ordinance No. 23- Page 132 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ .. THEN, across for REGULATIONS Minimumsy Required Requir ed Yards Require Maximum ILandscapi Signs �d Review Lot Side Height ing Parking �- SPECIAL US REGULATIO Proces Size IFron Rea :Spaces REGULATIONS E NS s t hjac r 4ND NOTES b 4. All PWSFs shall be landscaped and screened in accordance with Chapter 19.125 F WRC and the provisions of the PWSF development regulations. At a minimum, a five- ft. type III landscaping area shall be required around the facility, unless the community development e -director determines that the facility is adequately screened. 5. New freestanding PWSFs are allowed subject to height limits and collocation provisions. PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not located in public rights -of -way, on existing structures located in the BPA Ordinance No. 23- Page 133 of 146 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ENE Required IRequir C-C ed Yards Require (Review Lot IMaximum (Height Landscapi ng ,signs d Parking 'SPECIAL US REGULATIO IProces 'Size Fron 'Side , IRea 'Saces p REGULATIONS E NS 'S t 1eac it .AND NOTES b trail, and on existing structures in appropriate public rights -of - way. Refer to FWRC 19.256.150 f or development standards applicable to allowed types of PWSFs. Process I, II, III and IV are described For other information about in Chapter 19.55 FWRC, parking and Chapter 19.60 FWRC, parking areas, see Chapter 19.65 FWRC, Chapter 19.130 F Chapter 19.70 FWRC respectively. WRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 31. FWRC 19.225.130 is hereby amended to read as follows: 19.225.130 Churches. Ordinance No. 23- Page 134 of 146 The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE REGULATIONS b USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Required (Review (Process Minimums Height of Structure Required Parking S aces p ZONE 'SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front: Side {each) Rear Churches and other place of religious worship Process III W414 CST Process None 0 ft. 0 ft. 0 ft. -35 ft. awe average g T but ne ta4er thaR 95 - Sees notes 2-,7 and 4- 6$ ` 1 for each 5 seats or 10 lineal ft. of bench seating See Notes 6 and 9 uhi^et ^ may e^^fain , eet^n, or similar e. a dwelling „nit fr , «e by th religne„s leader Af the If +his ,� ,detached See tes-ate a congFegation. dwelling n 29 f+ sethaGks unit, a free+ and five ar,..l rea 2. If then aRy eFtieR of p.l stn OUre the subject r is OR pent' leea+ed adiaE@Rt to a _riden+ial zeae, then that peftion of the +r„e+..re Shan n^t e eed _Rr, f+ and the structure shall he set hack Fninimum of 30 ft frem thpFepe er+., line Af the r sides+iar ❑rrhiteguml e.,tenrions zsine 0 a rtie� Ala+ad EeS eed the. 3- 4 _height 10 mi}_ by three ft g. When IoEated adiaeent to a he 1 acatod n. 15 ft of the w0thi r-es;deptial zeRe pF9pert„ line the he etwe principal stru of may sed t.a 40 f+ if all of 4w fGlleWiRg a met a. The addit'ORal height is Pecessapy to aelate +he articular use V;0ndUAed :n the bYi l _h Eaeh . red Y aFd abUttiRq the is ed e e ft fr.r struct..re each o e ft the structure eds _35 ft_-a4ey avers e_b m! inn Ordinance No. 23- Page 135 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZUIVE Required Yards USE REGULATIONS Required Review Process Lot Size Front Side (each) Rea (Height of :Structure (Required Parkin Spaces p SPECIAL REGULATIONS AND NOTES b r An. inrre�re. in height ;h;;" nAt Meek „ieW5 designated by the GGMPFeheRSiVe PlaR. C Maxim Fn height of the SaRGWaFy OF ffiRdpal weFsWp area may he ineFeased to 55 ft., if of all the f01l0WmRg triter ..met• are a. ,- red , aFd ala yttiRg the 4r-r ii re red e a 4 feF each e a ft the structure exceeds 39 ft ehe„e e e Wildir.., h An 'ncFea5e in height shall not hl.-. r•L .ie,,.� designated by tL e compreheRsive plaR. b1. Religious symbols and icons for churches and other religious institutions may exceed the highest point of the underlying roof on which it is mounted by an additional 15 ft.; provided, that such symbol is a minor architectural accent and only one such symbol is permitted on the principal structure for this use and that the maximum height of the structure or icon does not exceed 55 feet above average building elevation. 7 Ne m-virnwm lot ceyer�ae_ic established Instead the h,ildable ;.;rp;; v..!" he determined by ether deyelnpFneRt regWiremeRtr site �., r _ red bw#err a*iRg let landscaping r„-Far ,•.ter facilities, eta c 82. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. Ordinance No. 23- Page 136 of 146 USE REGULATION 4 C* SE ZONE CHART IRECTIONS: FIRST, read down to find use ... Minimums Required Yards equired (Height of R eview Lot structure rocess Size (Front Side Rea 5 (each) Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. THEN, across for REGULATIONS ZUN!!~ ?auired ong ces SPECIAL REGULATIONS AND NOTES -93. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 404. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 445. Refer to FWRC 19.265.010 et seq. to determine what other provisions of this chapter may apply to the subject property. 6. See FWRC 19.115.090 for structured parking _auidelines. 7. Developments must have a minimum FAR of 1.5 and must not exceed a maximum FAR of 10.0. Building heictht must be consistent with the minimum FAR of 1.5 and the maximum FAR of 10.0. 8. For additional height limitations that may apply, see FWRC 19.245.010. 9. A minimum of 75% of required parking must_ he structured parking for developments adding more than 5,000 square feet of gross floor area. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 32. FWRC 19.225.140 is hereby amended to read as follows: Ordinance No. 23- Page 137 of 146 19.225.140 Urban agriculture. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Z4N� Required CC-C Required Yards Required (Review Lot Lot Height (Parking SPECIAL US REGULATIO (Process Size Fron Side (each Rea Coverage °f Structure 'Spaces REGULATIONS AND E NS t r NOTES b Community Process I Non 0 ft. 0 ft. 0 No max. lot 35 ft. Determine 1. Fertilizer, gardens, urban for e ft. coverage is above d on a pesticides, and other farms, and farm communi average case -by- chemicals used must stands ty te See"' The building case basis be typical of that gardens, buildable elevatio intended for growing urban area n edibles in populated Cottage food farms, deter„iRed areas. operations and farm by ether 2. Only mechanical stands site equipment designed ao„e for use in populated None for et urban areas may be cottage reqyiFemeR used. food is 3. For provisions that operation relate to on -site sales s of plants and food products produced on site see Chapter 19.262 FWRC 4. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. 5. Refer to Chapter 19.125 FWRC , Outdoors, Yards, and Landscaping, for appropriate requirements. a. Community garden/urban farm Ordinance No. 23- Page 138 of 146 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Zpryg Required Required Yards Required (Review Lot Lot (Height Parking SPECIAL US REGULATIO (Process Size iFron Side (each Rea Coverage of Structure Spaces REGULATIONS AND E NS t l r NOTES planting areas, including raised beds, may be located within required yards and perimeter landscaping areas when the intent of Chapter 19.125 FWRC is met. b. This use is exempt from the requirements of FWRC 19.125.060 exc ept in cases where the director may find that landscaping prescribed under this section is necessary related to some component of the use other than planting areas. 6. For provisions that relate to keeping of animals, see Chapter 19.260 FWRC 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC 8. See Chapter 19.262 FWRC for full range of development regulations applicable to urban agriculture. If Ordinance No. 23- Page 139 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums MaximumsyN� Required Required Yards Height Required Review (Lot Lot Parking SPECIAL US REGULATIO Process 'Size IFron Side IRea Coverage of Spaces (REGULATIONS AND E NS t i(each Ir Structure (NOTES b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Section 33. FWRC 19.230.030 is hereby amended to read as follows: 1 19.230.030 Entertainment, etc. provisions of this use zone chart conflict with provisions of Chapter 19.262 FWRC , the provisions of Chapter 19.262 FWRC shall control. For other information about parking and parking areas, see Chapter 19.130 FWRC For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 140 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums 2[]NE Required Yards Required (Height of Required CC-F Review Lot Side Structure 'Parking USE REGULATIONS Process Size (Front (each) Rear Spaces SPECIAL REGULATIONS AND I b NOTES Retail Process None 0 ft. oft. 0 60 ft. 1 for each 1. The city may, using process III, establishment II ft. above 100 sq. ft. modify required yard, height, providing Possible average of gross landscape and buffer and other See notes 1, 2 entertainment, Process and 4 building floor area site design and dimensional recreational or III elevation requirements for a proposed cultural services or Health development that meets the activities See See club: 1 for following criteria: note 1 notes 1 each 100 a. The proposed development Private club or and 4 sq. ft. of will be consistent with the lodge gross adopted comprehensive plan floor area: policies for this zone; and Health club 1 for each b. The proposed development 500 sq. ft. will be consistent with applicable Restaurant or of sport design guidelines; and tavern court and c. The streets, utilities and pool other infrastructure in the area Fast food are adequate to support. the restaurant Fast food proposed development. restaurant: 2. No more than a five-foot See note 10 1 for each building setback is allowed 80 sq. ft. adjacent to principal pedestrian of gross right(s)-of-way, as determined floor area by the director, unless: it is precluded by existing site See note improvements, easements, 15 topography, or other site constraints, as determined by the director; or to allow streetscape amenities, public on - site open space, or other architectural element(s) or improvements approved under Chapter 19.115 FWRC. The minimum building setback along all other property lines is the same as the perimeter buffer as required by Chapter 19.125 FWRC. 3. Access to and from drive - through facilities must be approved by the public works Ordinance No. 23- Page 141 of 146 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZUNE Required Yards Required Required �C-F Review Lot Height of Parking USE REGULATIONS Process Size Front Side {each} Rear Structure Spaces SPECIAL REGULATIONS AND b NOTES department; drive -through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on -site traffic flow. 4. Structures on property that adjoins a residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located between 20 ft. and 40 ft. from the adjacent residentially zoned property line, and shall not exceed 40 ft. above average building elevation when located between 40 ft. and 100 ft. from such property line. 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other Ordinance No. 23- Page 142 of 146 USE REGULATIONS IG b SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards uiredi I Height of Required ew Lot Side Side Structure S :ess 'Size Front (each} Rear Spaces Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 19.230.030 Entertainment, etc. (Continued) CC-F ECIAL REGULATIONS AND provisions of this title may apply to the subject property. 10. Gambling uses are not permitted as principal or accessory uses in this zone as of February 7, 2006. Any such preexisting use shall not resume activity if said use ceased for the consecutive 12-month period immediately preceding February 7, 2006. Any such use existing on February 7, 2006, shall be discontinued at such time as the use ceases for any consecutive 12-month period. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 143 of 146 SE ZONE CHART IRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS Minimums Required Yards Zf1NE lulrea iew Lot cess ci7A rG ,n t �Sicle USE REGULA b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Height Required CSC -t� of Parking Structure Spaces SPECIAL REGULATIONS AND NOTES 11. Spas and .water parks are goly permitted when accessary to hotels. health clubs and similar uses. t-et zone. l etelc health clubs and 5 fnila el yde aeeesseFy -spase exeeedinq 2,009 sq. ft. in c tea. 12. Single -story buildings may not exceed a total ground floor area of 16,000 gross sq. ft. unless approved under the provisions of FWRC 19.110.080, or approved by the director for minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided, that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecutive 12- month period. 13. No more than 16,000 sq. ft. of new single -story construction may occur on a subject property, excluding increases approved under the provisions of FWRC 19.110.080 and minor additions approved by the director under note 12. 14. Multiple -story buildings are not subject to notes 12 and 13; provided, that each floor contains at least 75 percent of the gross sq. ft. of the floor below it and contains a principal use(s) permitted in this zone. 15. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c) and (d). For other information about parking and parking areas, see Chapter 19.130 FWRC. Ordinance No. 23- Page 144 of 146 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards 7.UNE Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each} SPECIAL REGULATIONS AND NOTES IG b Chapter 19.65 FWRC, l Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 34. Chapter 19.245 of the Federal Way Revised Code is hereby amended to add a new section 19.245.020 to read as follows: 19.245.020 Downtown architectural overlay. (1) Applicability. Properties within the downtown architectural overlay are illustrated on the Citx of Federal Way Zoning Mom. (2) Architecture. Buildings and structures on properties within the downtown architectural overlay are subject to the specific design guidelines in FWRC 19.115.090(5). Section 35. Chapter 19.110 of the Federal Way Revised Code is hereby amended to add a new section 19.110.025 to read as follows: 19.110.025 Floor area ratio and units per acre requirernents in the city center core. (1) Generally. Many developments in the city center core (CC-C) are required to comply with either FAR or units per acre of developable site area minimum and maximums, as provided in the use tables for the zone. In general, FAR minimums and maximums apply when the project is non- residential, and units per acre of developable site area minimwns and maximwns apply when the project is residential. Ordinance No. 23- Page 145 of 146 (2) Application of floor area ratio and units per ache to projects with both residential and non- residential uses. For projects where the subject property will contain both residential and non- residential uses and/or where there are mixed -use buildings, FAR or units per acre of developable site area requirements shall_be_appiied based on the principal use of each parcel within the subject property. For example, if a project contains two parcels, one with a principal use of residential and one with a principal use that is non-residential, the parcel with a principal use of residential must comply with unit per acre of developable site area minimums and maximums based on the size of the residential parcel. The non-residential parcel must comply with FAR minimums and maximums based on the size of the non-residential parcel. If a parcel contains both residential and non-residential uses and/or mixed -use buildings in such a combination that it is not readily identifiable whether the principal use of the property is residential or non-residential as determined by the director, the parcel must comply with FAR minimums and maximums based on the size of the parcel, and need not comply with unit_ per acre of developable site area minimums and maximums. Section 36. FWRC 19.130.150 is hereby repealed in its entirety. Section 37. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 38. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 23- Page 146 of 146 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 39. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 40. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2023. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 147 of 146 d= COUNCIL MEETING DATE: November 21, 2023 ITEM #:y CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMENDMENT TO WILD WAVES CONCOMITANT DEVELOPMENT AGREEMENT POLICY QUESTION: Should the City approve the proposed amendments to the Wild Waves Concomitant Development Agreement? COMMITTEE: Land Use & Transportation MEETING DATE: November 6, 2023 CATEGORY: ❑ Consent ® Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven . AICP, CEcD DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance 3. Draft Development Agreement Amendment Options Considered: 1. Adopt the proposed ordinance. 2. Modify and adopt the proposed ordinance. 3. Deny the application and direct staff to prepare an implementing resolution. MAYOR'S MAYOR APPROVAL: TION: Option 1. InitiaUDate DIRECTOR APPROVAL: W 10.27.23 InitiaUDate COMMITTEE REC MENDATION: I move to forward the proposed ordinance to First Reading and public hearing o7k?Skirei er 21, 2023. Chair ED COUNCIL MOTION(S): Committee Member Com nits e Member FIRST READING OF ORDINANCE (11/21/23): "I move to forward the proposed ordinance to the December S, 2023, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (12/5/23): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # raj 1� 61, CITY OF FEDERAL WAY MEMORANDUM DATE: November 6, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Director Stacey Welsh, Principal Planner SUBJECT: Ordinance: Amendment to Wild Waves Concomitant Development Agreement Financial Impacts: There are no unanticipated financial impacts incurred for executing the Development Agreement amendment for the Enchanted Parks property commonly known as Wild Waves. The applicant paid permitting fees for the Development Agreement amendment. Future site development and/or redevelopment, if any, would be required to pay applicable permit fees. Financial impacts upon city sales tax revenue related to site development and/or redevelopment are possible but unknown at this time as there is not a specific project proposed. Background Information: The Enchanted Parks property is subject to zoning and use provisions and development standards of a concomitant development agreement between the City of Federal Way and Enchanted Parks, dated December 5, 2017 (Ordinance 17-840). The agreement was established in 1998 (Ordinance 98-310) and has been subsequently amended, most recently in 2017. The 20-year term of the agreement expires in 2037. EPI Realty Holdings, Inc. has applied for a new amendment and extension to the agreement. On March 21, 2023, the City Council authorized negotiation of a Development Agreement amendment for Wild Waves. Proposed Development Agreement Amendments and Analysis: The sections of the agreement proposed for amendment are as follows: 1. Section 4.1 Hours of Operation. Existing language establishes hours of operation for the Parks property as 9:30 a.m. to 10:00 p.m., seven days a week and not exceeding 15 times a year for special events until 1:00 a.m. The amendment requests for the hours of operation limitation to apply only to the Regional Commercial Recreation Facility uses and not other allowed uses on the property. Rev. 7/18 Staff Analysis: The revised language states that the hours of operation limitations would apply only to the property's entertainment and recreational uses. Other allowed uses (hotel, restaurants, logistics enterprise) would not be limited in their hours of operations but would be subject to the citywide noise regulations and its associated hours. 2. Section 4.3 Traffic. Existing language addresses traffic generated by existing uses and activities. The amendment adds language to clarify that applications for future Non -Regional Commercial Recreational Facility uses or development shall be subject to SEPA, transportation impact fees, and concurrency management processes consistent with City codes at that time, and shall prepare a traffic study and mitigate all impacts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works Director. Staff Analysis: The revised language provides clarity and addresses non -theme park uses. 3. Section 6 Mitigation and Impact Fees. The existing language addresses mitigation and impact fees pertaining to existing uses and activities. The amendment adds language to clarify that applications for future Non -Regional Commercial Recreational Facility uses or development shall be subject to SEPA, transportation impact fees, and concurrency management processes consistent with City codes at that time, and shall prepare a traffic study and mitigate all impacts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works Director. Staff Analysis: The revised language provides clarity and addresses non -theme park uses. 4. Section 11.6 Term of Agreement. The existing agreement is in effect for 20 years until 2037 (2017+20=2037). The amendment request is to restart and extend the term another 30 years to 2053 (2023+30=2053). Staff Analysis: The requested 30-year term is desired by the applicant in order to support the level of planning, permitting,.and capital investment in order to improve the park. Given the impact of the global pandemic and its effect on the economy, this is a reasonable timeframe. 5. Exhibit C (Office Park Zone (OP-4) Development Regulations) Section 3. Uses Permitted). The existing agreement lists hotel as an allowed uses subject to being on a parcel not to exceed five (5) acres. The proposed amendment would remove the acreage limitation. Staff Analysis: Removal of the limitation would allow expansion of hotel use on the property from five (5) acres to the entire developable portion of the site. An acreage limitation of five (5) acres is atypical for that type of use and the market Rev. 7/18 will limit the amount of the site that is viable for a future hotel or hotels. Any traffic and other impacts stemming from such a use would be evaluated at the time of project permit submittal. 6. Exhibit C (Office Park Zone (OP-4) Development Regulations) Section 3. Uses Permitted). The existing agreement allows warehousing and distributing as accessory uses provided they do not exceed twenty-five percent (25%) of the permitted use. The proposed amendment would allow warehousing and distributing as a primary use on the site and remove the existing percentage limitation: Staff Analysis: The amendment would expand the limited accessory warehousing and distribution use potential for the site to allow warehousing and distributing as a primary use on the entirety of the site. This is a significant departure from the current agreement limitations. For reference, accessory use, as it is defined in the Federal Way Revised Code, means a use which is subordinate and incidental to the principal use on the subject property, and supports the principal use without displacing or dominating it. The result of this modification, if approved, would allow the entire property to convert to warehousing and distribution facilities at any time during the next 30 years. 7. Exhibit C (Office Park Zone (OP-4) Development Regulations) Section 4. General Development Standards and Review Procedures). The existing agreement specifies site plan and landscape plan requirements for proposed new development. The proposed amendment would require additional site plan and landscaping plan detail to be provided for non -theme park uses. Staff Analysis: The amendment is appropriate to facilitate future project plan review. Procedural Suniniary: The procedure for adopting this amendment ordinance is shown below: Issue SEPA Determination 10/6/23 14-Day SEPA Comment Period Ends (comments are attached) 10/20/23 LUTC 11 /6/23 Notice of City Council Public Hearing 11/3/23 21-Day SEPA Appeal Period Ends 11/10/23 City Council Public Hearing, 1st Reading 11/21/23 City Council 2nd Reading, possible Action 12/5/23 Notice of Final Decision After Council action Rev. 7/18 Decision Criteria: FWRC 19.85.120 provides factors to be considered in review of a development agreement. The city may consider, but is not limited to, the following factors when considering a development agreement: I. Compatibility with and impact on adjacent land uses and surrounding neighborhoods; Staff Analysis: The amendment does not expand the size of the park or allow any new land uses. Hotel and warehousing and distributing uses are allowed land uses, and proposed agreement amendments would allow them to occupy the entirety of the site and operate year round, which could be more impactful to surrounding land uses and neighborhoods as the current theme park use is only operated seasonally. Additional review will be conducted with project applications and impacts will be sought to be mitigated. 2. Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; Staff Analysis: Continuation of the theme park use is not anticipated to have additional impacts on community facilities. If the theme park use were to cease it would have an impact on commercial recreational opportunities in the community. Changing the use of the site to other allowed use(s), such as hotel and/or warehousing and distributing could have impacts on community facilities and roadways. Impacts of project specific development would be evaluated at the time when and if a project is proposed. 3. Potential benefits of the proposal to the community; Staff Analysis: The theme park provides a benefit with recreation/entertainment opportunities and provides jobs in the community. The theme park also serves as a regional destination bringing tourists to the City. Other allowed uses, if increased in presence and scope on the site, could provide benefits such as lodging and employment opportunities. 4. Effect upon other aspects of the comprehensive plan. Staff Analysis: The amendment is consistent with the Economic Development Chapter of the Comprehensive Plan, including the goals listed below. • EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. Rev. 7/18 • EDG9 Encourage and support the development of recreational and cultural facilities and/or events that will bring additional visitors to Federal Way, and increase visitor spending. Options for Decision: Consistent with the provisions of FVWRC 19.85.150 the City Council may take the following actions after conducting the public hearing: 1. Grant the application as proposed by adopting an ordinance. 2. Modify and grant the application by adopting an ordinance. 3. Deny the application. The city council shall give effect to a denial by adopting a resolution. Rev. 7/18 Stacey Welsh From: Daniel Struthers <dan.struthers@gmail.com> Sent: Monday, October 9, 2023 2:26 PM To: Ping Inquiry Cc: Nancy Struthers Subject: Comment on 23-102471-SE (Wild Waves change of use agreement) [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. To whom it may concern, As a resident of the Brittany Lane/Regency Woods directly behind Wild Waves, I have some concern that if this proposal is accepted and a distribution center is allowed to be built on the site that the north side of S 369th St between Milton Rd S and 19th Way S will become an all-night parking lot for trucks waiting to unload. We have had problems in the past with homeless persons and truck drivers parking their vehicles on S 369th St and running their engines at all hours of the night, disturbing our sleep. It would go a long way toward mitigating that issue if S 369th St was deemed residential parking (or had an outright ban on overnight parking). Another option would be to close S 369th St to all cross traffic (making Brittany Lane effectively a gated community). That would help whether or not Wild Waves renews its lease. We are also concerned with an increase in year-round traffic in the area, which is already pretty bad during the time Wild Waves is open, if a Hotel or distribution center were to go in at the site. Traffic is already fairly heavy and loud, but at least it calms down a little in the fall, winter and spring months. Also, a distribution center would likely elevate the site noise level to an all -year-round issue as well. Do you have any idea how likely it is that Wild Waves will renew their lease? We have heard that their lease is up next year, so it is very concerning for all homeowners in this development. Thank you for your attention. Regards, Daniel Struthers 36906 17th Ave S, Federal Way +1206.355.4445 (mobile) dan.struthers@gmail.com Stacey Welsh From: Croston, Heather <HCroston@cityoftacoma.org> Sent: Tuesday, October 10, 2023 3:16 PM To: Stacey Welsh Subject: FW: Notice of Determination of Non Significance [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Tacoma Water is not the purveyor for this address. Please contact Lakehaven Water & Sewer District ISas v,) Slab a-, rimml of kO kHeal th ndividual System View - LAKEHAVEN WATER AND SEWER DISTRICT - Water System Id - 41997 General Information Group Type County Owner Name Primary Contact Primary Contact Phone Water System Mailing Address Compliance Actions A Commun ty KI NG Source Informa LAKEHAVEN WATER AND SEWER DISTRICT Timothy Osborne (253) 946-5410 FEDERAL WAY. WA 98063 From: Samantha Homan <Samantha.Homan@cityoffederalway.com> Sent: Thursday, October 5, 2023 9:33 AM Cc: Stacey Welsh <Stacey.Welsh@cityoffed era lway.com> Subject: Notice of Determination of Non Significance Good Afternoon, The City has issued a SEPA Mitigated Determination of Nonsignificance-Wild Waves Development Agreement; see attached letter. i Please contact Principal Planner Stacey Welsh at stacey.welsh@r-ity.offederalway.com or at 253-835-2634, or if you have any questions or concerns regarding the decision. Samantha Homan Office Manager Community Development Federal Way 33325 8th Ave South Federal Way, WA 98003 (253) 835-2601 Stacey Welsh From: Nancy Struthers <nzapatab@hotmail.com> Sent: Friday, October 20, 2023 12:54 PM To: Ping Inquiry Subject: Wild Waves Proposal Use [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hi, My name is Nancy Zapata. I'm a resident of the Brittany Lane/Regency Woods. I completely disagree to use ocated into a distribution center and/or a hotel. It will cause a lot of noises, more traffic all year around, crime and overnight parking. Regards, Nancy Zapata -Struthers 206-595-7188 36906 17th Ave S, Federal Way Stacey Welsh From: Carol Bell <caroldbell@yahoo.com> Sent: Friday, October 20, 2023 2:29 PM To: Stacey Welsh; Ping Inquiry Cc: Chuck Bell Subject: Wild Waves Development Agreement File No. 23-102471-SE [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Stacey Welsh, Principal Planner & Department of Community Development, Hello! I'm contacting you today in regards to the proposed amendment to the development agreement for Wild Waves (WW). My concerns include opening up the entirety of the WW property to warehousing/disbursement as primary use for the property along with hotel use with little to no exceptions. Expanding hours of operation parameters would be a concern to neighbors and neighboring properties especially if/when Warehousing or hotel is added to property. This amendment appears to be opening the doors to Warehousing. This is not the direction to take the use of this property in Federal Way. The related documents mention other reviews as projects are suggested to be implemented. I'm concerned this amendment would be used to override those investigations and the communities surrounding the property. Being a neighbor of WW for over 25 years my household along with other neighbors would like to see the current WW agreement stand with the exception of removing old rides as requested and replacing with new as needed. The current five acre hotel use allowance seems sufficient for the final fifteen years left on the current agreement not the entirety of the 60+ acres. I've seen no environmental impact mentioned to the Hylebos creek that runs adjacent to the property along 19th Way S. Could you provide information in regards to that and the environmental impact. Also, coyotes and bald eagles need to be added to animals that are found on the property. In attachment 2, document 22-104290-00-AG by transpogroup for trip generation based on ITE trip generation manual edition 8th edition from 2002-2003 mentions addressing multiple uses on the property at the same time using the calculations from that time. Since this information is based on a resource twenty years old please explain how the trip information is accurate for now and future use. Living in this area the traffic congestion is already a concern. Additional housing was added to the area in the last two decades and added to congestion. In summary, as a neighbor of wild waves, I'm against this amendment, allowing for the property to be used for a future hotel expansion and warehousing and warehouse distribution. The current development agreement seems sufficient, except as stated above. Thank you for considering the concerns of the community and the development of this property. I would appreciate a reply. Carol D Bell 1970 S 368th PI Federal Way, WA 98003 253-815-1378 Stacey Welsh From: Diane Criscione <diane@cbenson.com> Sent: Friday, October 20, 2023 3:22 PM To: Ping Inquiry Subject: File NO. 23-102471-SE [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Good Afternoon, This is in response to a letter concerning the hotel/warehouse/distribution project on the Wild Waves property. I am an owner of property near 19th Way South. I have been a resident of Federal Way for 33 years. I have worked in downtown Federal Way for 35 years. I doubt that anything I put in this email will make any difference in what is about to happen to my neighborhood, however, I feel that it is important to express my option. I am very concerned about the hotel/warehouse/distribution project that is going up near my home. There have been so many changes in Federal Way over the past 10 years. Many of my friends and family have moved and thankfully my children have moved on. Because I work in Federal Way, it has been my choice to stay. I have worked for the same attorney's office for 26 years. I have been okay with ignoring the changes in the city but now, it is happening, literally, in my front yard. It is a residual area where people can walk their dogs and be outside with our grandchildren, free of crime and homelessness, at least from our view. We rarely see a patrol car in our neighborhood. The residents in this community have ignored Wild Waves because there is a specific window of traffic and noise and crime. Wild Waves is aware of these issues and has granted our community free tickets for years, acknowledging the problems. I truly was excited about having light rail in Federal Way. I also thought this would bring in some shopping, restaurants, etc. Smith Brothers Dairy, Papke Trucking and whatever that cement mess is near Weyerhaeuser are not going to enhance my life. Federal Way is becoming an industrial stop off of the freeway. I have been questioning the decision making from our leaders in Federal Way for several years now but was able to ignore it because I could leave downtown Federal Way and go home to a quiet community. I am very concerned about the leadership of this city. I have not paid enough attention and that is on me. Again, 1 am not in a position to move at this time, but hopefully my vote and my voice will matter in the future Thank you, Diane Criscione ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to amending the Enchanted Parks, Inc. Concomitant Development Agreement (Amending Ordinance Nos. 98-310 and 17-840). WHEREAS, on March 3, 1998, Ordinance 98-310 adopted a Concomitant and Development Agreement ("Agreement") between the City of Federal Way ("City") and Enchanted Parks, Inc. ("Enchanted Park"), which specified the development parameters, mitigation and other special requirements for property located at 36201 Enchanted Pkwy S, Federal Way (the "Park"); and WHEREAS, on June 30, 2000, a first amendment to the Agreement was approved by the City and Enchanted Park; and WHEREAS, on January 17, 2002, a second amendment to the Agreement was approved by the City and Enchanted Park; and WHEREAS, on December 5, 2017, a third amendment to the Agreement was approved by the City and Enchanted Park; and WHEREAS, the current twenty (20) year term of the Agreement expires on December 13, 2037; and WHEREAS, on September 19, 2022, EPI Realty Holdings, Inc., the current owner of the Park, submitted to the City an application to amend and extend the Agreement; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposal on October 6, 2023, and five (5) comments and no appeals were received, and accordingly the DNS was finalized on November 10, 2023; and Ordinance No. 23- Page 1 of 15 WHEREAS, Federal Way Revised Code 19.85.200 states the City will process and. decide upon an application for an amendment to a development agreement as if it were an application for a new development agreement; and WHEREAS, Federal Way Revised Code 19.85.185 states the City Council shall consider the application for approval of the development agreement in a public hearing; and WHEREAS, a properly noticed public hearing was held on November 21, 2023 by City Council, for the purpose of obtaining input from interested parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. The City Council of the City of Federal Way makes the following findings and conclusions with respect to the proposed amendment to the Agreement as attached in Exhibit A: (a) The amendment does not expand the size of the park or allow any new land uses. Hotel and warehousing and distributing uses are allowed land uses, and proposed agreement amendments would allow them to occupy the entirety of the site and operate year-round, which could be more impactful to surrounding land uses and neighborhoods as the current theme park use is only operated seasonally. Additional review will be conducted with project applications and impacts will be sought to be mitigated. (b) The proposed amendment to the Agreement involving continuation of the theme park use is not anticipated to have additional impacts on community facilities. If the theme park use were to cease it would have an impact on commercial recreational opportunities in the community. Changing the use of the site to other allowed use(s), such as hotel and/or Ordinance No. 23- Page 2 of 15 warehousing and distributing could have impacts on community facilities and roadways. Impacts of project specific development would be evaluated at the time when and if a project is proposed. (c) The theme park provides a benefit with recreation/entertainment opportunities and provides jobs in the community. The theme park also serves as a regional destination bringing tourists to the City. Other allowed uses, if increased in presence and scope on the site, could provide lodging and employment opportunities. (d) The proposed amendments are consistent with the Economic Development Chapter of the Comprehensive Plan, including the goals listed below. EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment and enhance income opportunities for Federal Way residents. EDG9 Encourage and support the development of recreational and cultural facilities and/or events that will bring additional visitors to Federal Way, and increase visitor spending. (e) The proposed amendments to the Agreement have followed the proper procedure required under the FWRC. Section 2. The Amended Concomitant Development Agreement between the City of Federal Way and EPI Realty Holdings, Inc. is approved as attached hereto as Exhibit A, and incorporated by this reference. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or Ordinance No. 23- Page 3 of 15- more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. [signatures to follow] Ordinance No. 23-. Page 4 of 15 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED.AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- -- Page 5 of 15 FOURTH AMENDMENT TO CONCOMITANT DEVELOPMENT AGREEMENT Enchanted Park THIS FOURTH AMENDMENT is made and entered into this day of , by and between the CITY OF FEDERAL WAY, a non -charter optional municipal code city organized and existing under the laws of the State of Washington (the "City" or "Federal Way"), and EPI REALTY HOLDINGS, INC., a Washington corporation ("EPI"). RECITALS A. The Enchanted Parks Property is owned by Jeffrey W. Stock descendants trust and Leanne M. Stock descendants trust under the entity of EPI Realty Holdings, Inc., and leased to EPR Properties for park operations. B. The Property is situated in the City of Federal Way, Washington, and is more particularly described in Attachment A attached hereto and incorporated herein by this reference (the "Property" or "Enchanted Parks"). The Property is subject to zoning and use provisions and development standards of the Concomitant Development Agreement between the City of Federal Way and Enchanted Parks, Inc., dated January 30, 1998, as amended by first amendment dated June 30, 2000, second amendment dated January 17, 2002 and third amendment dated December 5, 2017 ("2017 CZA" or "Concomitant Development Agreement"). C. The parties desire to extend the term of the Concomitant Development Agreement, amend Exhibit C — "Office Park Zone (OP-4) Development Regulations" to provide additional flexibility within the future uses allowed, specify hours of operation parameters for the Regional Commercial Recreation Facility use, and clarify application of traffic mitigation to future potential Non -Regional Commercial Recreation Facility uses. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Fourth Amendment, the parties hereby covenant and agree as follows: AGREEMENTS Section 4.1 Hours of Operation shall be amended as follows: 4.1 Hours of Operation. The normal hours of operation for the Re Tonal Commercial Recreational FaciliMuses on Enchanted Parks Property shall be permitted from 9:30 a.m. to 10:00 p.m., seven days a week; provided that. Enchanted Parks may, from time to time, but not exceeding 15 times per year, maintain operations later than 10:00 p.m. for special events, such as high school graduation parties. In addition, operations of facilities on the Northern portion of the property (as depicted by a dividing line on EXHIBIT J) shall be permitted until 1: 00 a.m. No outdoor music audible to any residential areas shall be allowed after 10:00 p.m. Enchanted Parks shall fully comply with the City Noise Ordinance, glare and lighting requirements; and shall modify, if directed by the Director of Community Development, noise and lighting to minimize any impacts to the developed adjacent residential areas. 2. Section 4.3 Traffic shall be amended as follows: 2023 Amendment to Concomitant Agreement ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- page 6 of 15 4.3 Traffic. As of the date of this Amended Agreement, the parties agree that the traffic generated by the existing uses and activities on the Enchanted Park Property has been mitigated up to the attendance and trip levels set forth in Table 1 below (the "SEPA Baseline"), which were established using EXHIBIT K-2 (REVISED 2003 Traffic Assessment for Wooden Roller Coaster (Sept. 4, 2002)), attached hereto and incorporated herein. The traffic generated by the Enchanted Park Property for any future Regional Commercial Recreational Facility Replacement or Expansion project (hereafter "Expanded Ride Capacity") that requires land use approval or a building/engineering permit shall be calculated using the Methodology of Exhibit K-2 and a 2.5 occupant -to -vehicle ratio. In the review of any future Expanded Ride Capacity Project on the Property, the City shall recognize the methodology used to derive new trips as specified in the traffic report, EXHIBIT K-2, and an occupant -to -vehicle ratio of 2.5 for such uses, consistent with the traffic report, EXHIBIT K-2. Other methods may be used to calculate traffic generation by Enchanted Park as approved by the City. Enchanted Park shall provide a trip generation study consistent with the methodology in EXHIBIT K-2 for all future Expanded Ride Capacity Projects on the property and shall be subject to concurrency management program requirements of Chapter 19.90 FWRC if such Expansion Project generates new trips in the PM Peak hour in excess of the SEPA Baseline. Applications for future Non -Regional Commercial Recreational Facility_uses or development shall be subject to SEPA transportation impact fees. and concurrent mane ement processes consistent with City codes at that time, and shall prepare a traffic study and mitigate all impacts not mitigated in the SEPA Baseline to the satisfaction of the City's Public Works Director pursuant to City codes and applicable City Comprehensive Plan policies. 3. Section 6 Mitigation and Impact Fees shall be amended as follows: 6. Mitigation and Impact Fees. Except as otherwise provided for in this Amended Agreement, Federal Way shall not impose or attempt to recapture any fees from Enchanted Park or impose other requirements on Enchanted Park to mitigate potential impacts associated with the present Regional Commercial Recreational Facility use of the Enchanted Park Property (including uses authorized under Sections 8.1, 8.2, and 8.3 below), except to the extent that street, sidewalk, or other public improvements may be required under FWRC Section 19.135.030. Enchanted Park shall be entitled to conduct Regional Commercial Recreational Facili uses and activities throughout the year on the Property that do not exceed the average of 10 highest days trips or peak hour traffic levels identified in Table 1, or another measure from the City's Guidelines for the Preparation of Transportation Impact Analyses, without the need or requirement to pay mitigation or impact fees of any kind; provided that Regional Commercial Recreation Facility uses or development that exceeds such traffic levels in the future shall be subject to transportation impact fees and concurrency management processes consistent with City codes at that time. In the event traffic generated by an Expanded Ride Capacity project exceeds the SEPA Baseline established in section 4.3 and is deemed significant by the City, Enchanted Parks shall prepare a traffic study and mitigate such impacts to the satisfaction of the City's Public Works Director pursuant to Chapter 19.135 FWRC and applicable Federal Way Comprehensive Plan policies. 2023 Amendment to Concomitant Agreement ND: 1536 1.0 18 4881-7477-5946v2 Ordinance No. 23 page 7 of 1 S Applications for future Non -Regional Commercial Recreational Facility uses or development shall be subject to SEPA transportation impact fees and coneurrency mana ement processes consistent with City codes at that time and shall pre are a traffic stud and it ate all inacts not miti ated in the SEPA Baseline to the satisfaction of the Cit 's Public Works Director pursuant to City codes and a licable City Comprehensive Plan policies. 4. Section 11.6 Term of Agreement shall be amended as follows: 11.6 Term of Agreement. This Amended Agreement shall remain in full force and effect for twte"thin 30 years from the effective date of this Amended Agreement unless terminated prior to that date by the mutual agreement of the parties or by the City pursuant to Section 13 of this Amended Agreement. 5. Exhibit C to the Concomitant Development Agreement shall be amended as set forth in Attachment B hereto. 2023 Amendment to Concomitant Agreement ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- page8of15 Dated as of the date first written above. EPI REALTY HOLDINGS, INC., a Washington corporation E3 N, STATE OF WASHINGTON ) ss. COUNTY OF ) Name Title On this day personally appeared before me to me known to be the of EPI Realty Holdings, Inc. that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires. 2023 Amendment to Concomitant Agreement ND: 15361.018 4881-7477-5946v2 Ordinance No. 23-- page 9 of 15 CITY OF FEDERAL WAY, a Washington municipal corporation Name Title STATE OF WASHINGTON ) ) ss. COUNTY OF 1 On this day personally appeared before me , to me known to be the of City of Federal Way that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this day of 120. 2023 Amendment to Concomitant Agreement ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires page 10 of 15 ATTACHMENT A LEGAL DESCRIPTION (PER CHICAGO TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE ORDER NO. 221543-SC DATED APRIL 19, 2022) PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF SECONDARY STATE HIGHWAY NO. 5-D AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 3010021 AND SOUTHEASTERLY OF PRIMARY STATE HIGHWAY NO. 1, AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 5013794; TOGETHER WITH THAT PORTION OF MILTON ROAD SOUTH ADJOINING OF ABUTTING THEREON VACATED BY CITY OF FEDERAL WAY ORDINANCE NUMBER 02-413 WHICH UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW. PARCEL B- THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET OF THE SOUTH 20 FEET THEREOF. PARCEL C: THE NORTH 165 FEET OF THE FOLLOWING DESCRIBED PARCEL AS MEASURED ALONG THE EAST LINE THEREOF: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EASTERLY OF PRIMARY STATE HIGHWAY NO. 1 AS CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER RECORDING NUMBERS 4980029 AND 4980049; TOGETHER WITH THAT PORTION OF MILTON ROAD SOUTH ADJOINING OF ABUTTING THEREON VACATED BY CITY OF FEDERAL WAY ORDINANCE NUMBER 02-413 WHICH UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW. PARCEL D: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EASTERLY OF PRIMARY STATE HIGHWAY NO. 1, AS CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER RECORDING NUMBERS 4980029 AND 4980049; 2023 Amendment to Concomitant Agreement ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- page 11 of 15 ATTACHMENT B Exhibit C Office Park Zone (OP-4) Development Regulations 1. PURPOSE AND OBJECTIVES These Office Park Zone (OP-4) development regulations are established to govern the operation and development of a Regional Commercial Recreation Facility and other permitted uses as defined herein, and as described in any Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104 for property zoned OP-4. 2. APPLICABILITY A. The provisions of this Section will apply to all lands zoned OP-4, which shall be subject to its own unique standards and review processes as set forth herein and in any Concomitant Development Agreement pursuant to Federal Way City Code (FWCC)19-104 for property zoned OP-4. If the provisions relating specifically to the OP-4 Zone conflict with other provisions of City codes or any Concomitant Development Agreement, these OP-4 Zone provisions shall prevail. After the effective date of a Concomitant Development Agreement, any change in FWCC referenced in any Concomitant Development Agreement shalt not be deemed to modify this Zone except as otherwise provided in the Concomitant Development Agreement. B. Reference herein to the "FWCC" shall refer to Chapters 18, 20, 21 and 22 of the Federal Way City Code. Reference herein to the "Director" shall refer to the City's Director of the Department of Community Services or designee. 3. USES PERMITTED A. In addition to the uses allowed in the Office Park Zone of the FW£-cFWRC, the following principal uses are permitted outright: 1. Regional Commercial Recreational Facility as defined herein; 2. Hotel, o a pafeel no! to a eed rive (5) ae d as , idle°. by ese.22757 FWCC, exeep!as othenvise subject to the height limitations and other standards set forth in these Concomitant Development Agreement and these Development Regulations, and subject to project -level environmental review under SEPA. Title 14 FWRC; 3. Restaurants as regulated by Sec. 22-753 FWCC, except as otherwise set forth in these Development Regulations; 4. Retail establishments that provide entertainment, recreational and cultural services, or activities; and Retail Sales, general and specialty not to exceed an amount of square feet of gross floor area on land described in a Concomitant Development 2023 Amendment to Concomitant Agreement ND: 15361.018 4881-7477-5946v2 Ordinance No.,23-- page 12 of 15 Agreement pursuant to Federal Way City Code (FWCC) 19-104; 5. Caretaker residence-.,- 6. Warehousing and distributing, subject to project -level environmental review under SEPA. Title 14 FWRC. B. Regional Commercial Recreational Facility shall mean a use operated for profit, with private facilities, equipment and/or services, both indoor and outdoor for entertainment and recreational purposes, including large- and small-scale amusement rides, roller coasters, aquatic park facilities, swimming pools, accessory video and movie facilities, petting zoos, and other similar uses. Such a use shall be of a scale or offer unique recreational opportunities so as to provide recreational services of a regional nature. The use of such area may be limited to private membership or may be open to the public upon payment of a fee. C. Accessory Uses. The following accessory uses shall be reviewed using that process associated with the permitted use to which it is attached: (2594) of the peffnitted use; -21. Outdoor storage; and 32. Any other use determined by the Director to be compatible with the above accessory or permitted uses pursuant to Section 22 946 of the FWCC. D. Temporary Uses. The following temporary uses may be conducted in this Zone and are exempt from the requirement of Article X, Chapter 22 of the FWCC: Temporary use in this Zone shall include seasonal retail sale of agricultural products such as vegetables, fruit, or flower stands; community festivals; outdoor sales of recreational vehicles; boat shows; or other parking lot sales, provided each temporary use exists for no more than seventy-five (75) days in every three hundred (300) days. 4. GENERAL DEVELOPMENT STANDARDS AND REVIEW PROCEDURES A. Except for Regional Commercial Recreational Facilities, the development standards and review procedures for all uses, except as otherwise set forth in a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19- 104, shall conform with those identified by the corresponding use in the FWCC Office Park Zone as appropriate. In the event a non Regional Commercial Recreational Facility use permitted in the OP-4 zone is not permitted in the FWCC Office Park Zone, then those development standards and review procedures identified for the specific use in the first zone where the use is allowed, shall apply, except as otherwise set forth in this Agreement; provided, however, that Process II, Article V, Chapter 22, of the FWCC shall be applied to all such uses. For Regional Recreational Facilities within the developed area as shown on EXHIBIT J, Chapter 22, of the FWCC. Article IV.A, Process I - Director's Approval, shall 2023 Amendment to Concomitant Agreement ND: 15361.018 4881-7477-5946v2 Ordinance No. 23-_ page 13 of 15 be utilized for all such proposed uses. For all other Regional Recreational Facilities, Process II, Article V, Chapter 22 of the FWCC shall govern. B. The height restriction for property zoned OP-4 shall be thirty-five (35) feet unless otherwise established by a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104 between the City of Federal Way and the Property Owner. C. Any proposed new development, requiring a development permit, approval of a plan and a landscaping plan, shall submit such plans in compliance with the requirement ofthe FWCC, except as otherwise set forth in a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104; 1. The required site plan for any Regional Commercial Recreational Facili use shall be limited to the area which would be disturbed by any proposed structure or proposed impervious surface. 2. The boundaries of any required landscape plan for a Regional Commercial Recreational Facility use shall be coterminous with the disturbed area. 5. ENVIRONMENTALLY SENSITIVE AREAS A. Any portion of property zoned OP-4 which is classified as environmentally sensitive pursuant to Chapter 22, Article XIV (environmentally sensitive areas) of the Federal Way City Code, and on which new development is proposed shall comply with the requirements therein, except as provided in subsection B below. B. The provisions of Chapter 22, Article XIV (environmentally sensitive areas) shall not apply: to new development within artificially -created lakes, wetlands, streams, or surface water retention ponds, or their required setbacks or buffers, except that the provisions of Chapter 22, Article XIV shall apply to any development proposed in lakes, wetlands, or streams (or their required setbacks or buffers) created as mitigation for impacts to wetlands, lakes or streams. 6. SIGNS Notwithstanding any requirements in FWCC Section 22-335 orFWCC Section 22- 1601, a Regional Commercial Recreational Facility may have no more than one regional, high profile, freestanding sign as defined in this Section of the OP-4 Zone. Such a sign shall be in lieu of, not in addition to, one of the two high profile signs that might otherwise be allowed under FWCC Section 22-1601 A regional, high profile, freestanding sign shall be allowed only in connection with Regional Commercial Recreational Facility use, and shall be removed at such time when more than fifty percent (50%) of the square footage of the area devoted to such existing uses as shown on EXHIBIT Bare converted to uses other than Regional Commercial Recreational Facility uses. Upon removal of a regional, high - profile, freestanding sign, FWCC Section 22-1601 shall regulate high profile signs on the OP-4 Zoned property. 2023 Amendment to Concomitant Agreement ND: 15361.018 4881-7477-5946v2 Ordinance No. 23- page 14 of 15 A regional, high profile, freestanding sign must be located near to a regional transportation system (such as an interstate highway), must be located at least three hundred (300) feet from any area zoned residential along SR 161 and S. 369th Street, and may be up to seventy-five (75) feet high and up to thirteen hundred (1,300) square feet in area. 2023 Amendment to Concomitant Agreement ND:15361.018 4881-7477-5946v2 Ordinance No. 23 page 15 of 15