Council PKT 11-01-2005 Regular
,
. A Federal Way ~/jW'
City Council MeetingC
AGENDA
COUNCILMEMBERS
Dean McColgan, Mayor
Jeanne Burbidge . Jim Ferrell
Jack Dovey Linda Kochmar
Eric Faison Mike Park
CITY MANAGER
. David H. Moseley
Office of the City Clerk
November 1,2005
.
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAl~ MEETING
Council Chambers - City Hall
November 1,2005 -7:00 p..m..
(www.cilyoffederabvaycom)
* * * *
I. CALL MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. PRESENT ATIONS
a. Presentation Award / Dick Mayer, Federal Way Wal-Mart Store #2571
Presentation Safe Neighborhood Heroes Award / Federal Way Fire and
Police Departments
b. Introduction of New Employees / City Manager
c. Emerging Issues I City Manager
IV. CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR 1'0 SPEAKING.
Citizens may address City Council al this time. When recognized by the Mayor. please come forward to the
podium and state your name for the record PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES.
The Mavor may interrupt citizen comments that continue too long, relate negatively to other individuals. or are
otherwise inappropriate,
!
V. CONSENT AGENDA
[terns listed below have been previously reviewed by a Council Committee of three members and brought before
jull Council jar approval; all items are enacted by one motion. Individual items may be removed by a
Counci/member for separate discussion and subsequent motion.
, a. Minutes / October 18,2005 Regular Meeting
b. Enactment Ordinance / CC Bill #388/Update Chapter 6, Criminal Code &
Chapter 15, Traffic Code
c. Enactment Ordinance I CC Bill #389/Criminal Code Update - Aggressive
Begging Provisions
(Page I of 2)
d. First Amendmcnt to Comprehcnsivc Garbage, Rccyclables and Yard Dcbris
Collection Contract for City of Federal Way and Waste Management of
Washington, Inc. (AG #01~I44)
e. Tourism Enhanccment Grant Application Awards
1'. Sprint Spectrum Panther Lake Site Lease Extension
VL PUBLIC HEARING
a. Proposed Mid-Biennium 2005-2006 Budget/Revenuc Sources I Property
Tax Rate / Pursuant to RCW 35A.34
. Staff Presentation
. Citizen Comment (3-minute limit)
VII. CITY COUNCIL BUSINESS
a. Approval of New City Hall Contracts
b. Diversity Commission Appointment
VIII. CITY COUNCIL REPORTS
IX. CITY MANAGER REPORT
X. EXECUTIVE SESSION
a. Collective Bargaining / Pursuant to RCW 4I30.140(4)(a)
b. Potential Litigation / Pursuant to RCW 42.30. / 10(1)(0
XI. ADJOURNMENT
** THE COUNCIL MA Y ADO AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON TIlE AGENDA **
THE COMI)LETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND
ON THE CITY'S WEBSITE UNDER CITY COUNCIL MEE1'ING AGENDA AND PACKETS--YOU MA Y
ALSO E~SUBSCIUBE TO RECEIVE ONGOING NOTIFICATION OF CITY COUNCIL UPDATES
{Page 20f2}
I
MEETING DATE: November 1,2005 ITEM# 1a
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. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJ-ECT: CITY COUNCIL MEETING MINUTES
.. ..............................- ..................................................................................................................... . . ................................... ..........................................................._m....
CATEGORY: BUDGET IMPACT:
[ZJ CONSENT o ORDINANCE Amount Budgeted: $
0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS 0 OTHER Contin~eney Req'd: $
. .. .... ...............................mmmmm.............................._ ......................................_ ...............-.......- ....................... .,....,,,., "..... ....................................---.....
A 1'1' ACHMENTS: Draft minutes ofthe City Council regular meeting held on October 18,2005.
SUMMARYfBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW
requirements.
.....................................- ...............-........-......-....-
CITY COUNCIL COMMITTEE RECOMMENDATION: n/a
i,.. .. .... .. ......... . ............................-............- ..............................................................-.-.......- .........................- ....................................................-.......
PROPOSED MOTION: I move approval of the minutes of the City Council regular meeting held on October 18,2005.
CITY MANAGER AP~~:;~ ,.,.. ......... .......................-.......
, \ ~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1 fiT reading
0 TABLED/DEFERRED/NO ACTION Enactment reading
0 MOVEn TO SECOND READING (ordinances only) ORDINANCE #
.~-~
RESOLUTION #
REVISED - 05/10/2001
.
/ Va.
Tlederal Way City Council Regular Meeting Minutes
,ctober 18,2005 -Pagel of6
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
October 18, 2005 - 7:00PM
Draft Minutes .
I. CALL MEETING TO ORDER
Mayor McColgan called the regular meeting of the Federal Way City Council to order at
6:20 PM in the Lakota Meeting room (due to Arts Commission Reception).
Councilmembers Burbidge, Dovey, Faison, Ferrell, Park, Deputy Mayor Kochmar and
Mayor McColgan present.
Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk
Laura Hathaway.
Council adjourned to Executive Session at 6:20 PM to discuss Potential Litigation/Pursuant
to RCW 42.30.11O(1)(i) and Collective Bargaining/Pursuant to RCW 42.30.140(4)(a).
. II. PLEDGE OF ALLEGIANCE
Pledge of Allegiance led byCouncilmember Faison.
III. PRESENTATIONS
a. Swearing-In Ceremonv/Police Officers
Police Chief Anne Kirkpatrick introduced Officers Brian Lauer, Brian Walsh, Audy
Viloria and Steven Wortman. City Clerk Laura Hathaway presided over the swearing-
Ill.
b. Certificate of Appreciation - Rose Ehl/Federal WavFanners Market
Mayor McColgan presented Rose Ehl of the Federal Way Farmers Market with a
Certificate of Appreciation for her work with the market.
c. Lodging Tax Advisory Committee Introductions/Certificates
CouncilmeIIiber Park introduced Committee Member Bruce Higdon and presented his
certificate.
.
Federal Way City Council Regular Meeting Minutes
October 18, 1005 - Page 1 of 6
d. Planning Commission Introductions/Certificates .
.f
Councilmember Dovey introduced Lawson Bronson and Richard Agnew as the
newest members ofthe Planning Commission. Mr. Agnew was in the audience; Mr.
Bronson was unable to attend.
e, Introduction of New Employees/City Manager ~-
City Manager David Moseley introduced new City Clerk Laura Hathaway and Intern
Christina Smith.
f. Emerging Issues/City Manager
None
IV. CITIZEN COMMENT
Barb Lunde (via email): City Clerk Laura Hathaway read her comments into the record.
Email testified that she does not want c<;>mmercial vehicles parked on residential streets.
Norma Blanchard - spoke in regards to code complIance issues and stated she has not
received any responses from the city regarding her complaints. .
Margaret Nelson - asked council to pass the proposed ordinance prohibiting commercial
vehicles on residential streets.
Kathy Franklin - thanked the City Council for their support of the Federal Way Symphony.
JeanAtwell-spoke in support ofthe ordinance prohibiting commercial vehicles from
parking on residential streets.
Richard Keltner - City Clerk Laura Hathaway read his comments into the record
supporting the ordinance prohibiting commercial vehicles from parking on residential
streets.
Scott Chase ~ spoke in support of the ordinance prohibiting commercial vehicles on
residential.. streets.
Marie Sciacqua ~ spoke in support of the ordinance prohibiting commercial vehicles
parking on residential streets.
City Manager David Moseley addressed Ms. Blanchard's comments. Community
Development Services Director Kathy McClung also addressed stating the City is aware of
the issues and is working with the resident to get the matter fixed.
.
Federal Way City Council Regular Meeting Minutes
October 18, 2005 - Page 3 of 6
. v. CONSENT AGENDA
a. Minutes/October 4, 2005 Regular Meeting - Approved
b. August 2005 Monthly Financial Report - Approved
c. Vouchers - Approved
d. Online Pennits, Inspections and Business License Requests/Services -
Approved
e. 2005 Asphalt Overlay Proiect ~ Acceptance & Retainage Release -
Approved
f. SR 161 (tV, SR 18 Intersection Improvements - 85% Design Status Report-
Approved
g. 2006 Street Sweeping Services:.... Authorization to Bid - Approved
h. Enactment Ordinance/CC Bill #377/Commercial Vehicles On-Street
Parking in Residential Areas (postponedfrom October 4, 2005 meeting) -
Pulled
1. Enactment OrdinancelCC Bill #386/21 st Ave. Condemnation - Approved -
Enacted Ordinance #05-505
J. Enactment Ordinance/CC Bill #387/NeighborhoodBusiness Code
Amendment - Approved -Enacted Ordinance #05-506
k. Leland Consulting Scope of Services - Pulled
I. Participation in Small Business Development Center at Highline
Community College - Pulled
. Councilmember Dovey pulled Consent Agenda item h. Deputy Mayor Kochmar pulled
Consent Agenda items k and 1.
MOTION: COUNCILMEMBER FAISON MOVED APPROVAL OF THE
CONSENT AGENDA AS AMENDED (APPROVED AGENDA ITEMS A:-G; I & J).
COUNCILMEMBER BURBIDGE SECOND. THE MOTION CARRIED 7-0.
Consent Agenda Item hi Enactment Ordinance/CCBill #377/Commercial Vehicles On-
Street Parking in Residential Areas
Councilmember Dovey addressed an altemativeproposal to the commercial vehicle
parking ordinance, which would allow commercial vehicles to park in residential zones by
permit. His proposal outlined the pros and cons of such process (full copy of proposal is
available in the City Clerks Office).
Councilmemhers Ferrell, Koclunar, ParkandBurbidge stated they support the proposed
ordinance as written.
MOTION: COUNCILMEMBER DOVEY MOVED APPROVAL OF ENACTMENT
ORDINANCE/CC BILL #377/COMMERCIAL VEHICLES ON-STREET
PARKING IN RESIDENTIAL AREAS. COUNCILMEMBER BURBIDGE
. SECOND. MOTION PASSED 6-1; COUNCILMEMBER DOVEY DISSENTING.
ENACTED ORDINANCE # 05-507.
--
Federal Way City Council Regular Meeting Minutes
October 18, 2005 - Page 4 of 6
Consent Agenda Item k/Leland Consulting Scope of Services
City Manager Moseley called upon Economic . Development Director Patrick Doherty to .
give a staff report.
MOTION: COUNCILMEMBER DOVEY MOVED APPROVAL OF PHASES 1, 2,
AND 3 OF THE SCOPE OF SERVICES FOR LELAND CONSULTING.
COUNCILMEMBER FERRELL SECOND. THE MOTION PASSED 6-1; DEPUTY
MAYOR KOCHMAR DISSENTING.
Consent Agenda Item IlParticipation in Small Business Development Center at l-lighline
Community' College
Deputy Mayor Kochmar addressed and expressed her support.
MOTION: DEPUTY MAYOR KOCHMAR MOVED APPROVAL TO
P ARTICIP ATE IN THE SMALL BUSINESS DEVELOPMENT CENTER AT
HIGHLINE COMMUNITY COLLEGE. COUNCILMEMBER FERRELL SECOND.
THE MOTION CARRIED 7-0.
VI. CITY COUNCIL BUSINESS
a. Resolution/Downtown Revitalization Fund
Economic Development Director Patrick Doherty gave a staff presentation and stated that .
in addition to allocating funds for downtown revitalization, this resolution would also
create a City Center Redevelopment Advisory Committee, which would provide
recommendations on criteria and use of the funds.
MOTION: COUNCILMEMBERFAISON MOVED APPROVAL OF THE
RESOLUTION WITH THE FOLLOWING AMENDMENT: SECTION 4, 1ST
SENTENCE SHALL READ, " CITY COUNCIL WILL ESTABLISH A CITY
CENTER REDEVELOPMENT ADVISORY COMMITTEE TO PROVIDE
GUIDANCE ON REDEVELOPMENT PARTNERSHIP CRITERIA AND
PROCESS. COUNCILMEMBER PARK SECOND; THE MOTION CARRIED 7-0.
APPROVED - RESOLUTION #05-460.
VIT. INTRODUCTION ORDINANCES
a. Council Bill #388/Update Chapter 6, Criminal Code & Chapter 15, Traffic
Code
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 6, ARTICLES IV, VIII,XI, XIII, AND
CHAPTER 15, ARTICLE I OF THE CRIMINAL AND TRAFFIC CODES OF THE CITY
OF FEDERAL WAY (Amending Ordinance Nos. 91-89, 91-106, 94-222, 95-254, 99-362,
00-374,01-401,02-429,04-458,04-463) .
City Clerk Laura Hathaway read the ordinance title into the record.
Federal Way City Council Regular Meeting Minutes
October 18, 2005 ~ Page 5 of 6
. MOTION: COUNCILMEMBER BURBIDGE MOVED TO FORWARD COUNCIL
BILL #388 TO A SECOND READING ON NOVEMBER 1, 2005. DEPUTY MAYOR
KOCHMAR SECOND. THE MOTION CARRIED 7-0.
b. Council Bill #389/Criminal Code Update -Aggressive Begging Provisions
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 6 OF THE FEDERAL WAY CITY CODE,
SECTION 6-188 RELATING TO AGGRESSIVE BEGGING (Amending Ordinance Nos,
91-89 and 94-214),
City Clerk Laura Hathaway read the ordinance title into the record.
MOTION: COUNCILMEMBER BURBIDGE MOVED TO FORWARD COUNCIL
BILL #389 TO A SECOND READING ON NOVEMBER 1,2005. DEPUTY MAYOR
KOCHMAR SECOND. THE MOTION CARRIED 7-0.
VIII. CITY COUNCIL REPORTS
Councilmember Faison reported that the next meeting of the Finance/Econo:q1ic
Development/Regional Affairs Committee (FEDRAC) is scheduled for October 25,
2005.
. Councilmember Dovey reported that the next meeting ofthe Land
Use/Transportation Committee will be in two weeks.
Councilmember Burbidge reported that the next meeting of the
Parks/RecreationlHuman Services and Public Safety Committee is scheduled for
November 14, 2005 at 6:00 PM. Councilmember Burbidge also stated that the
Suburban Cities Association Transportation Board Meeting was held earlier today at
Federal Way City Hall where they reviewed a number of transportation projects; the
Regional Transit Committee will meet on October 19,2005 and the Community Care
Network is hosting their fundraiser on October 23,2005.
Deputy Mayor Kochmar noted that she and Councilmember Burbidge attended the
Federal Way Symphony Auction and the Chamber of Commerce Auction will be held
in November; Deputy Mayor Kochmar also attended a meeting of the Solid Waste
Management Advisory Committee where they discussed closing the Algoila Transfer
station. Deputy Mayor Kochmar also asked for a press release regarding the Small
Business Development Center at Highline Community College andreminded the
public that October is Breast Cancer Awareness Month.
Councilmember Park reported that on Thursday, October 27th at 5:30 PM the
Port of Seattle will host a celebration for Korean Airlines direct flights from
SeaTac.
.
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Federal Way City Council Regular Meeting Minutes
October 18, 2005 - Page 6 of6
Councilmember Ferrell reported that Suburban Cities Association Public Issues .
Committee will meet on October 19,2005.
Mayor McColgan congratulated Fedcral Way Symphony Conductor Brian Davenport on
his 25 years with the organization; the Historical Society of Federal Way on their
election of new officers and the work they do to preserve Federal Way's history, and
stated the Awe Boardis developing their legislative agenda for 2006.
IX. CITY MANAGER REPORT
City Manager Moseley addressed the upcoming Chamber of Commerce Luncheon on
November 2nd, and stated they have asked the City to provide an updatc on the downtown
development work and private fundraising efforts for the community center; the Federal
Way Common's potential site plan has been approved for additional development; and the
Kemleth Joncs Pool will be closed over the Thanksgiving Holiday for cleaning and
maintenance.
X. EXECUTIVE SESSION
Potential Litigation/Pursuant to RCW 42.30.1100 )(i)
Collective Bargaining/Pursuant to RCW 42.30.l40(4)(a)
Council adjourned to Executive Session at 8:50 PM with an expected duration of
approximately 10 minutes. .
Council returned to chambers at 9:03 PM
XI. ADJOURNMENT
There being no further discussion, Mayor McColgan adjourned the regular meeting of the
Federal Way City Council at 9:03 PM.
ATTEST:
Laura K. Hathaway
City Clerk
Approved by Council on:
.
lJov I - V
MEETING DATE: OecDb",F 1-8,. 2005 ITEM# b_
.---..............----..-.....-------....-------..-. ----".........--.__..CITYOF-.FEDE-RAL..WAy~--_.__..-~------.-............-------- ....-.
. City Council
AGENDA BILL ~
SUBJECT: Proposed Code Amendment Updating Chapter 6 of Federal Way Criminal Code and Chapter 15 of
Federal Way Traffic Code.
.__~......ft" _.."..._~__._~.....~....,.....~..___~y......n~.......---_' _~....,..........."v.,',..__.~ _.._-~, ....y-~.-,-~--~~-~._~-
CATEGORY: . BUDGET IMPACT:
"b<1 CONSENT \ffii ORDINANCE Amount Budgeted: $0.00
D RESOLUTION '0 PUBLIC HEARING Expenditure Amt.: $
o CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $
.............'m..~n~_nn.~-_..~.y........~__.___..___....."'..'".".,..___.__~...Y..n....' _...............__._~..,.,. ".,..........,....---.-.------~...- ..._....'.~m"""_......______~~_.___~
ATTACHMENTS: Memorandum dated October 10, 2005, to the Parks Recreation, CulturalServices and Public
Safety; and Proposed Ordinance
...._..~.."...,.".~..____~_...n.~__.~~...........,.........._....__.._~............,...."...~~~~Mn..n................._..u_".""...._.....__.....__._.__..___....._..._.._.....u~,.y...."'"",._~~_~............u~.~.._'"....._'m_..."'.___,.___._.__~.~~_.._..__._
SUMMARYIBACKGROUND:
The Washington State Legislature has modified state laws regarding various crimes and the consequences thereof.
including restricting the sale of pseudoephedrine, criminalizing failure to summons assistance in certain
circumstances, criminalizing interference with search and rescue dogs, criminalizing the failure to tax stamp tobacco
products, and authorizing the limited use of traffic safety cameras. These proposed amendments to Chapter 6 and
ahapter 15 reflect the changes in state law. The additions are necessary to ensure consistent enforcement of the
~minallaws. .
Changes in state law require repealing Chapter 15. Article I, Section 15-to , which had allowed for the use of a
photo radar unit. Subsequent state law has specifically limited how photo traffic enforcement maybe conducted;
therefore, it would be appropriate to repeal Section 15-10 and adopt the new law under Chapter 15-13.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Ordinance.
._......_~.....__~ .~......~.~__~..._."...".._m..__.___.~~..._n. _. ~~......"..,''''''...___~.__ ___n..............._._~~~~..._.M..~"..
PROPOSED MOTION: "I move the proposed Ordinance to second reading and approval at the next regular
meeting on November 1,2005."
~~MANAGER,;~~~:- ~ ~ ~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED COUNCIL BILL # !ijJ8f. _
o DENIED 1ST reading . I1fI- . :
TABLED/DEFERRED/NO ACTION Enactment reading
til MOVED TO SECOND READING (ordinances only) ORDINANCE # ~
RESOLUTION #
K:\AGNDITEM\2005\ criminal law update 2005-agendabill.doc
5.f\
CITY OF FEDERAL WAY .
MEMORANDUM
DATE: October 10, 2005
TO: Parks Recreation, Cultural S~bliC Safety Committee
VIA: David H. Moseley, City Mana . V
FROM: Patricia A. Richardson, City Attorney ~~
SUBJECT: Proposed Ordinance Updating Chapter 6, Criminal Code and Chapter 15,
Traffic Code.
Policy Issues:
Should the City Council pass the proposed Ordinance to update the City Code to reflect the
changes in state law?
Backeround:
The Washington State Legislature has modified state laws regarding various crimes and the .
consequences thereof, including restricting the sale of pseudoephedrine, criminalizing failure to
summons assistance in certain circumstances, criminalizing interference with search and rescue
dogs, criminalizing the failure to tax stamp tobacco products, and authorizing the limited use of
traffic safety cameras. These proposed amendments to Chapter 6 and Chapter 15 reflect the
changes in state law. The additions are necessary to ensure consistent enforcement of the
criminal laws.
Changes in state law require repealing Chapter 15, Article I, Section 15-10, which had allowed
for the use of a photo radar unit. Subsequent state law has specifically limited how photo traffic
enforcement may be conducted; therefore, it would be appropriate to repeal Section 15-10 and
adopt the new law under Chapter 15-13.
Options:
Option One. Recommend approval ofthe proposed Ordinance and forward to full Council for
first reading at the October IS, 2005, City Council Meeting.
Option Two. Suggest modifications to the proposed Ordinance and provhle direction to staff
.
.l\..- ,
Staff Recommendation:
. Staff recommends that the Parks, Recreation, Human SerVices, and Public Safety Council
Committee recommend approval of the proposed Ordinance _and forward to.full Council for
first reading at the October 18,2005, City Council Meeting. (Option 1)
Committee Recommendation:
Forward option_ to the full City Council for first reading at the October 18,2005, City
Council meeting.
II APPROVAL OF COMMITTEE ACTION: II
Committee Member
.
K:\AGNDITEM\2005\PRHSPS\criminallaw update 2005.doc
.
~"L
D~AFT
ORDINANCE NO. /01,I'f"
.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING
CHAPTER 6, ARTICLES IV, VIII, XI, XIII, AND CHAPTER
15, ARTICLE I OF THE CRIMINAL AND TRAFFIC CODES
OF THE CITY OF FEDERAL W A Y(Amending Ordinance
Nos. 91-89, 91-106, 94-222, 95-254, 99-362, 00-374, 01-401, 02-
429,04-458,04-463)
WHEREAS, the State Legislature has recodified state law regarding various crimes and the
consequences thereof; and
WHEREAS, the Federal Way City Code is at variance with state law with respect to the
existence, substance, description, or procedure of certain crimes and consequences; and
WHEREAS, the Federal Way City Council finds that it is in the best interest of its citizens to
update the Criminal and Traffic Codes of the City Code to be more in accordance with state law in .
order to ensure more consistent and effective enforcement and prosecution of criminal activity within
the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6, Article N, Section 6-86 of the Federal Way CitY Code is hereby
amended to read as follows:
6-86 Statutes adopted.
'The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RCW 69.41.020, Prohibited acts - Information not privileged communication.
(2) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or order
prohibited - Exceptions.
ORD# , PAGE 1 .
f\,-3
(3) RCW 69.41.040, Prescription requirements - Penalty.
. (4) RCW 69.41.050, Labelling requirements.
(5) RCW 69.41.320, Practitioners - Restricted use - Medical records.
(6) RCW 69.41.350, Penalties.
(7) RCW 69.43.105, Ephedrine, pseudoephedrine. phenvlpropanolamine -- Sales restrictions~
Exceotions - Penalty.
00 m RCW 69.43.010, Report to state board of pharmacy - List of substances...,.. Modification
of list - Identification of purchasers - Report of transactions - Penalties.
(9) 00 RCW 69.43.020, Receipt of substance from source outSide state - Report - Penalty.
~ RCW 69.43.030, Exemptions.
an ~ RCW 69.43.035, Suspicious transactions - Report - Penalty.
.c.w fl-B-RCW 69.43.043, Recordkeeping requirements -Penalty.
a.n fl2j RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance - Exemptions-
Application for permit - Fee - Renewal- Penalty.
ill} ~ RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine - Sales
restrictions - Penalty.
. @ fl4) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine - Possession of
more than fifteen grams - Penalty - Exceptions.
(16) RCW 69.43.170, Ephedrine, pseudoephedrine, phevlpropanolamine - Pilot proiectto record
retail transactions - Penalty.
a.n.~RCW 69.50.101, Definitions.
@ fM) RCW 69.50.204(d)(13), Schedule I - Marijuana.
Q.2} fl1j RCW 69.50.309, Containers.
(20) f1-8j RCW 69.50.4014, Possession of forty grams Of less of marijuana - Penalty.
an ~ RCW 69.50.412, Prohibited acts: E - Penalties.
(22) ~ RCW 69.50.505, Seizure and forfeiture.
@ GMj RCW 69.50.506, Burden of proof.
.oo~ RCW 69.50.509, Search and seizure of controlled substances.
SECTION 2. Chapter 6, Article VIII, Section 6-186 of the Federal Way City Code is
hereby amended to read as follows:
. ORD# ,PAGE2
A - L--J
6-186 Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are adopted .
by reference:
(I) RCW 9A.36.04I, Assault in the fourth degree.
(2) RCW 9A.36.050, Reckless endangerment.
(3) RCW9A.36.070, Coercion.
(4}RCW 9A.36.160. Failing to summon assistance.
(5) RCW 9A.36.16L Failing to summon assistance- Penalty.
{Q)J4) RCW 9.61.230, Telephone calls to harass, intimidate, torment or embarrass.
ill fA RCW 9.61.240, Telephone harassment- Permitting telephone to be used.
00 f6j RCW 9.61.250, Telephone harassment- Offenses, where deemed committed.
SECTION 3. Chapter 6, Article XI, Section 6-268 ofthe Federal Way City Code is hereby
amended to read as follows:
6-268 Obstructing justice, criminal assistance, introducing contraband and related
offenses.
The following state statutes, including all future amendments, additions or deletions, are adopted .
by reference:
(1) RCW 7.80.160, Failto sign nontraffic infraction.
(2) RCW 9.69.100, Withholding knowledge of felony involving violence ~ Penalty.
(3) RCW 9.91.175. Interfering with search and rescue dog.
~RCW 9A.72.010, Definitions.
illi41 RCW 9A.72.040, False swearing.
~ RCW 9A.72.060, False swearing - Retraction.
[Z}-{6) RCW 9A.72.070, False swearing - Irregularities no defense.
00 -fA RCW 9A.72.080, Statement of what one does not know to be true.
ill 00 RCW 9A.72.140, Jury tampering.
llQ} f9j RCW 9A.72.150, Tampering with physical evidence.
.QU fWt RCW 9A.76.010, Defmitions.
@ (l-l1 RCW 9A.76.020, Obstructing a public servant.
Qll ~ RCW 9A.76.030, Refusing to summon aid for a peace officer.
ORD# , PAGE 3 .
f\-5
(l4) fHj RCW 9A.76.040, Resisting arrest.
. (15) fl4)-RCW 9A.76.050, Rendering criminal assistance - Defmition oftenns.
.Q.Q} ~ RCW9A.76.060, Relative defined.
.Q.1} fl6) RCW 9A.76.070, Rendering criminal assistance in the first degree.
@ .~ RCW 9A.76.080, Rendering criminal assistance in the second degree.
{l2} ~ RCW 9A.76.090, Rendering criminal assistance in the third degree.
(20) ~ RCW9A.76.100, Compounding.
!ll) ~ RCW 9A.76.160,Introducing contraband in the third degree.
(22) fUjRCW 9A.76.170,Bailjumping.
an ~ RCW 9A.76.175, Making a false or misleading statement to a public servant.
(24) ~ RCW 9A.84.040, False reporting.
SECTION 4. A new section is added to Chapter 6, Article XTII, of the Federal Way City
Code, to read as follows:
6-325 Enforcement of Tax on Tobacco Products.
. The following state statutes, includinl! all future amendments, additions or deletions, are adopted
by reference:
(1) RCW 82.26.105, Inspection of books, documents. or records of carriers.
(2) RCW 82.26.140, Transport of tobacco products -- Requirements -- Vehicle inspection.
(3) RCW 82.26.150. Distributor's license. retailer's license -- Application -- Approval-- Displav.
(4) RCW 82.26.160. Distributor's license -- Application fees.
(5) RCW 82.26.170. Retailer's license -- Application fee.
(6) RCW 82.26.180, Department web site listing distributors and retailers.
(7) RCW 82.26.190, Distributors and retailers -- Valid license required -- Violations -- Penalties.
(8) RCW 82.26.200, Sales from distributors to retailers -- Requirements.
(9) RCW 82.26.210. Manufacturer's representatives - Requirements.
SECTION 5. Chapter 15, Article I, Section 15-10 of the Federal Way City Code is hereby
repealed as follows:
. ORD# , PAGE 4
J\-lo
---------
15 10 Use of pit at a I'attar. .
(a) '^Lt:tthority. Offioers of the KiHg Countypolico departmeHt, performing servioes f0r the eity
p1:lfSUaflt to interlocalagroemeat bet\veen King C01:lHty 8fld the eity of Federal Way or the eity's own
poliee offieers, may 1:1S0 a de"/iee lCflEl\'1fi as a photo radar uRit. A photo. radar UBit deteets,
ph.otographs, and reoords informatioR 0R every nhicle that passes a partieular roadway loeatie8
while EmeeecliRg a eertain speed limit.
(b) Proeed1:1re. If any vehielehas beeR deteeted as having violated the Speeding restrietioRs of
Chapter 15 FWCC, the license plate number \vh.ieh appears on the paotographwhieh is taken by the
unit and the photograph of the driver oithe vehiele will be 1:1sed to trooe the registeredo\Vfler of the
vehicle tMOl:lgh the Washington State DepartmeHt of Licensing. The registered ElWfler will theRbe
seAt by reg1:1lar first class mail WithiR 1 9 da-ys from the date of the offuBse a eitation and fiReI9ail
schedule. The InfraetioR R1:1les fer Courts of Limited JerisaietioB (IRLJ) will then apply.
(c) PresumptioR reg8iding certain traffic iBfraetioBs.
(1) If any vehiele is dri'/en in violation of the Speed restrietions of Chapter 15 FWCC, then proof
of the ideBtity of the person in whose BarRe slieh vehicle is registered may be s1:1ffieieflt evidence that
s1:1eh person was responsible for slieh vi0lation, in the absenoe of probative eontrary evidence, aHa if
the l'ffill'lieipal e01:1rt is so persuaded. .
(2) Nothing in this seetiol'l shall limit the def-enses to or eviaeRee etherwise probative and
admissible conoerning sHeh violation or respeRsibility therefor.
(d) Duty to iRfofffi. The registered o\'lfier of the vehiele, if found not the persoR respsRsible for the
violation, shall at the reqaest of the eomt or proseoutor, iaemify the person responsible f.or the
violation, ifkno'llfi at the time.
SECTION 6. Chapter 15, Article I, Section 15-13 of the Federal Way City Code is hereby
amended as follows:
15-13 Traffic statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(1) RCW 46.61.685, Leaving children unattended in standing vehicle with motor running-
Penalty .
(2) RCW 46.61.740, Theft of motor vehicle fuel.
ORD# , PAGE 5 .
{\~\
(3) RCW 46.63.170. Traffic safety cameras.
. SECTION 7. A new section is added to Article I, Chapter 15 of the Federal Way City Code
to read as follows:
15-14 Authoritv for local use of automated traffic safety cameras.
(1) Automated traffic safety cameras may be used to detect stoplight or school speed, zone
violations. This section is intended to provide authorizing language as required under RCW
46.63.170.
(2) Use of automated traffic safety cameras is restricted to tWo-arterial intersections and school
speed zones only.
(3) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license
plate and only while an infraction is occurring. The picture must not reveal the face of the driver or
of passengers in the vehicle.
(4) All locations where an automated traffic safety camera is used must be clearly marked by
placing signs in locations that clearly indicate to a driver that he or she is entering a zone where
. traffic laws are enforced by an automated traffic safety camera.
(5) For the purpose of this section. "automated traffic safety camera" means a device that uses a
vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed
measuring device, and a camera synchronized to automatically record one or more sequenced
,
photoRXaphs, microphotoRXaphs, or electironic images of the rear of a motor vehicle at the time the
vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed limit in a
school zone as detected by a speed measuring device.
(6) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic
infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)
(a). (b). or (c).
(7) This section shall be applied as proscribed by RCW 46.63.170.
SECTION 8. Severability. The' provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
. ORD# , PAGE 6
A~'b
__u___
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances. .
SECTION 9. Ratification. Any and all acts consistent with the authority and prior to the
effective date of this ordinance are hereby ratified and affirmed.
SECTION 10. Effective Date. This ordinance shall take effect and be in force five days
from its passage, approval and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this _ day of ,2005.
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
A TrEST:
,CITY CLERK .
APPROVED AS TO FORM:
CITY AITORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\ORDIN\2005\Criminal update '05
ORD# , PAGE 7 -.
f-\..l\
~ \\Ofjj~ ITEM# '1SllIfJ)
MEETING DATE: OClobcJ 1&;-2005
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X/. \
. CITY OF FEDERAL WAY \..V
City Council
AGENDA BILL
SUBJECT: Proposed Code Amendment Amending Chapter 6, Article VIII, Section 6-188 ofFederaJ Way
Criminal Code "Aggressive Begging."
-"....---.........~.y.......,-_.__._....~,...., ....._._.._-~~y..........~~~~..~_.._........."-'- ................-.......".'."... u."._.._..______._......._.. .. ,,,,.._,,,,- ..__....-------'-...............~"..,.....~.... ...-.-.........--...... ."....""..-.--
CATEGORY: BUDGET IMP ACT:
'1g CONSENT ~ ORDINANCE Amount Budgeted: $0.00
RESOLUTION PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $
~".....'n"".~.......___....... . ..... ............._...~_..~...~,.. ._~~~...y....~.__._._.._...... ,... ..........._....._...."..~...~. __~..._...__._........ " . ..........._....___...__~..~~g..._""_~~'.......n......'"__..._...._ ......_......., ".....,.--.__
ATTACHMENTS: Memorandum dated October 10,2005 to the Parks Recreation, Cultural Services and
Public Safety; and Proposed Ordinance
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SUMMARY /BACKGROUND:
The City has received an increasing number of complaints regarding activities at off-ramps and along the public
rights-of-way. The City currently has an aggressive begging provision in its Criminal Code, but most times the
activities complained of do not amount to a crime under the current code. As a result, the following
tl;endments are proposed to respond to the conce=; of citizens by addin g p~visions to address the potential
r impedmg pedestnans and traffic, explO1tmg chlldren, and usmg false or mlsleadmg matenal to compel
citizens to give money.
Other municipalities in South King County haye also implemented similar ordinances prohibiting aggressive
begging. The adoption of this amendment would facilitate law enforcement and protect the citizens of Federal
Way..
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Ordinance.
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PROPOSED MOTION: "I move the proposed Ordinance to second reading and approval at the next regular
meeting on November 1,2005."
---........~._."., ...... ...-..-....... ,.."'.'".----. ...---.-...-....... ,.....,............ u.u.....,.,......,., mm______~M
CITY MANAGER APPROVAL:
(BELOW TO BE COM 'LETED BY CITY CLERKS OFFICE).
COUNCIL ACTION:
o APPROVED COUNCIL BILL # 1
o DENIED 1 ST reading
o T ABLEDIDEFERREDINO ACTION Enactment reading ~t - r-
. MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
~
K;\AGNDITE M\2005\aggressive begging.doc
Sc>
CITY OF FEDERAL WAY .
MEMORANDUM
DATE: October 10, 2005
TO: Parl<s, Recreation, Human S~~bIiC Safety Committee
VIA: David H. Moseley, City Manag ~
FROM: Patricia A. Richardson, City Attorney ~~
SUBJECT: Ordinance Updating the Aggressive BeggingProvisions of the Criminal
Code
Policv Issue
Should the Federal Way City Code, Chapter 6, Criminal Code be amended to update the
Aggressive Begging provisions?
Backeround .
The City has received an increasing number of complaints regarding activities at off-
ramps and along the public rights-of-way. The City currently has an aggressive begging-
provision in its Criminal Code, but most times the activities complained of do not amount
to a crime under the current code. As a result, the following amendments are proposed to
respond to the concerns of citizens by adding provisions to address the potential for
impeding pedestrians and traffic, exploiting children, and using false or misleading
material to compel citizens to give money.
Other municipalities in South King. County have also.implemented similar ordinances
, prohibiting aggressive begging. The adoption of this amendment would facilitate law
enforcement and protect the citizens of Federal Way.
Options
Option One. Recommend approval of the proposed Ordinance and forward to full Council
for first reading at the October 18, 2005 City Council Meeting.
Option Two. Suggest modifications to the proposed Ordinance and return to the Law
Department.
Option Three. Reject the proposed Ordinance. .
6-\
. Staff Recommendation:
Staff recommends that the Parks. Recreation, Human Services. and Public Safety Council
Committee recommend approval ofthe proposed Ordinance. amending Chapter 6. Article
vm. Section 6-188 of the Federal Way City Code. and forward to full Council for ftrst
reading at the October 18. 2005 City Council Meeting. (Option 1)
Committee Recommendation:
Move approval ofthe proposed Ordinance and forward to the full City Council for ftrst
reading at the October 18. 2005 City Council meeting.
Committee Member
K:\agnditem\2005\PRHSPS\092705 aggressive begging
. j
.
0-1-
DRAFT
ORDINANCE NO. 1%!ld
.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 OF
THE FEDERAL WAY CITY CODE, SECTION 6-188 RELATING
TO AGGRESSIVE BEGGING (Amending Ordinance Nos. 91~89
and 94-214).
WHEREAS, the City of Federal Way is a non-charter code city under the laws of the State of
Washington and, as such, has the power to enact ordinances for the protection of the public health, safety
and general welfare and for other purposes; and
WHEREAS, the current provisions of the Federal Way City Code include regulation of activity
that involves aggressive begging, such as intimidation, false or misleading activities, or activities that
involve safety concerns for people; and
WHEREAS, because there is an increase of activities at off-ramps and along public rights-of-way .
that interfere with or potentially jeopardize the safety of pedestrians or vehicular traffic, it is appropriate
that the provisions of the aggressive begging ordinance be modified to assure a better ability of the law
enforcement officials to protect the safety of the public that may otherwise be threatened;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 6, Article VIII, Section 6-188 of the Federal Way City Code is
hereby amended to read as follows:
6-188 Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place in the city as
those terms are defined by this section.
(b) As used in this section:
ORD# , PAGE I .
6--3>
. (1) Aggressive begging shall mean mto.beg with intent to intimidate another person into
giving money or goods, (b) to beg with the use of false or misleading information, (c) to beg with or
to involve activities thatare unsafe or dangerous to any person or property or to beg at locations or in
a manner that threatens the safety of persons or property or that impedes or threatens to impede
pedestrian or vehicular traffic, (d) to bel'!: in a manner that exploits children, or ( e) to willfully provide
or deliver or attempt to provide or deliver unreauestedor unsolicited services or products with a
demand or exertion of pressure for payment in return.
(2) Beg shall means to ask for money or goods as a charity, whether by words, bodily
gestures~ signs or other means.
I (3) Intimidate shall means to engage in conduct which would make a reasonable person
fearful or feel compelled.
(4) Public place shall mean any road, alley, lane, parking area, sidewalk or any place, private
or othenvise, adopted to and fitted for vehicular or pedestrian travel, that is in common use by the
public with the consent, expressed or implied, of the owner or owners, and further,. any public
playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-
of-way open to the use of the public.
(5) Exploit children shall mean using children in an unethical, selfish. or abusive manner or in
any other manner that gives an unfair advantage.
Section 2. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the
. invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 3. Ratification. Any and all acts consistent with the authority and prior to the effective
date of this ordinance are hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five days from its
passage, approval and publi.cation, as provided by law.
PASSEDby the City Council of the City of Federal Way this _ day of ,2005.
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
ATTEST:
JASON SUZAKA, INTERIM CITY CLERK
. ORD# __, PAGE 2
{2yL.\
APPROVED AS TO FORM: .
CITY ATIORNEY, PATRICIA A RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED,
EFFECTNE DATE:
ORDINANCE NO.:
ACCEPTANCE:
.
K:\ORDIN\2005\aggressive begging.doc
ORD# , PAGE 3 .
6-5
MEETING DATE: November 1, 2005 ITEM# Vd
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. CITY OF FEDERAL WAY
CityCouncU
AGENDA BILL
SUBJECT: Proposed Solid Waste and Recyding Contract Amendment
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CATEGORY: BUDGET IMPACT:
I8J CONSENT D ORI>INANCE Amount Budgeted: $
D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS o OTHER .Contingency Req'd: $
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ATTACHMENTS: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated
October 25,2005.
..~~.~,..........~".,,~w,~ M..~MU..M.'_..'....~_" .~_._----
SUMMARYIBACKGROUND: The four proposed contract changes contained in Attachment 1 to the
memorandum include:
1. Award of a 2-year contract extension, per City Council motion on June 21, 2005.
. 2. A proposed Yard Debris Collection Rate Increase (due to change in dumpsite location), equaling 23
cents per month for residential yard debris accounts. During 2006 only, this increase will be doubled to
"make..up" for hauling costs incurred in 2005. In 2007, this rate will decrease by 23 cents per month.
Data collected over the next year will be used to refine the rate for 2007. If the tonnage allocation data
WM now uses is accurate, there maybe no change at all from the base 23 cents per month. In no case
will the cost adjustment data result in the 2007 rate increase exceeding the 46 cents per month 'make-
up' level proposed for 2006 only. .
3. A proposed Administrative Fee increase starting in 2007, adding $85,000 annually to the Administrative
Fee amount, plus $1,275 to cover WM's B&O taxes on this amount. Budget projections show the SW/R
Utility going into a deficit in 2007. The proposed Administrative Fee increase will offset the deficit, and
allow all one-time grant funding to be allocated for direct program expenditures. Grants now partially
fund staff and overhead costs. The estimated rate increase for the typical residential customer would be
about .16 cents per month in 2007.
4. Clarification of the Yard Waste Collection Schedule. This revision makes it clear that weekly yard waste
collection resumes in March, rather than April, of each year.
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CITY COUNCIL COMMITTEE RECOMMENDATION: At its October 25,2005 meeting, the Finance, Economic
Development and Regional Affairs Committee forwarded the following staff recommendation:
. . 1. Direct the City Manager to complete the execution of the four proposed contract changes contained in
tachment 1 [of the memorandum].
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PROPOSED MOTION: "} move to approve, and also to direct the City Manager to complete execution of, the four
proposed changes to the Solid Waste and Recycling Contract, as shown in the Draft First Amendment contained in .
Attachment 1 ofthe related memorandum."
~AGERAI'I'ROVALV~ , ~"---"----
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
D DENIED 1 ST reading
D T ABLEDIDEFERRED/NO ACTION Enactment reading
D MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/1012001
K:\COUNCIL\AGDBILLS\2005\11-0I-05 SW&R Contract Amendment.doc
.
.
\ ~ I~
~"..- CITY OF FEDERAL WAY
.' MEMORANDUM
Date: October 25, 2005
To: Finance, Economic De elopment and Regional Affairs Committee
Via: David H. nager
From: Rob Van Orsow, Slid WastelRecycling Manager, Public Works De~~~
. Subject: Solid Waste and Recycling Contract Amendment: 2007-2008 Contract Term
Extension, Yard Debris Collection Rate Increase, 2007 City Administrative
Fee Increase, and Yard Debris Collection Schedule Clarification
Background
The City of Federal Way (City) and Waste Management of Washington, Inc. (WM) are
parties to the Comprehensive Garbage, Recyclables, and Yard Debris Collection Contract
(Contract). At its June 21, 2005 meeting, the City Council directed staff to notify WM
that this Contract win be extended for an additional two years (2007 and 2008). In
addition, the City Council directed staff to investigate operating cost increases incurred ,
by WM due to the closure of-a yard debris composting facility located in Covington. WM
now hauls yard debris a further distance to a composting facility in Maple Valley.
. In preparation for negotiating this contract extension, staff also described the basis for a
potential increase in the City Administrative Fee in memoranda to the Finance, Economic
Development and Regional Affairs Committee dated Apri126, 205 and June 7, 2005. The
rationale for a potential City Administrative Fee increase is recapped below.
Finally, the Contract has a conflict in describing yard debris collection services, which
could be corrected by the language proposed in the contract ameIidment
These issues are addressed in proposed contract amendment (Attachment 1). Summaries
ofthe basis for these proposed contract changes follow.
Discussion
Rate Increase ResultingJrom the Change in Yard Debris Dump Site
The Contract has a provision that allows WM to request compensation due to changes in
yard debris processing sites. WM offered evidence that their costs have increased due to
the closure of the yard debris dumpsite in Covington, which has resulted in longer hauls
to Maple Valley. Staff reviewed this evidence, and also conducted vehicle trip timing in
the field and compiled related data. The following describes the process for determining
the proposed rate increase.
Dump ticket data was analyzed to determine an average weight per load. This weight was
--. dividing into the total tons of yard debris collected from Federal Way over a one-year
period, This yielded the baseline number of annual loads hauled. This annual number of
J)- l
_J~..~ loads was multiplied by the incremental difference in time required to access the new .
} dumpsite to determine the additional hours of operating time per year. These additional
hours were then multiplied by a negotiated hourly operating cost. The hourly operating
cost was based on the average of the current hourly rate specified in the Contract, and this
rate minus non-operational cost components (such as General & Administrative costs,
depreciation and taxes). The resulting dollar amount was divided by the number of
current subscribers, and then by twelve to determine the monthly rate impact. The
resulting base rate increase is $0.23 per month.
WM began incurring increased costs for the additional yard debris haul in early 2004, and
so they have requested that the rate increase "make up" for some of these costs, but only
for calendar year 2005. To accomplish this "make up," the proposed rate increase doubles
for 2006, to $0.46 per month. This would make the CPI-adjusted monthly yard debris
collection rate total $6.93 per 96-gallon cart in 2006. This rate is based on the current
2005 rate ($6.38 per month), plus the 2006 CPI-adjustment ($0.09 per month), plus the
"make-up" amount ($0.46 per month).
In 2007, this rate will be reduced by $0.23 cents per month before calculating the annual
CPI adjustment for yard debris collection. However, based on data accumulated during
the next year, an adjustment to this rate will be determined to more precisely factor in the
added hauling costs associated with mixed loads (which include accounts outside Federal
Way). Since complete data on mixed loads is currently unavailable, mixed loads may not
have been fully accounted for in calculating the base $0.23 monthly increase described
, ) above. The resulting adjustment to the calculated rate increase will in no case exceed the .
l.__ _ . $0.46 per month "make up" rate increase proposed for 2006.
Increase in City Administrative Fee in 2007
When the City bid out solid waste and recycling (SWIR) services in 2001, the initial City
Administrative Fee (set at $162,000) was based only on the operation (salary, benefits,
supplies, and services) of the SWIR utility, without the addition of interfund charges.
This helped to minimize potential rate impacts via the bidding process, since the SW IR
utility had some reserves at that point. However, these utility reserves are steadily
diminishing and a deficit is projected for early 2007, even though grant dollars have
offset some salary and overhead costs. The annual shortfaU that would cover aU ongoing
utility-related costs equals $85,000 starting in 2007. An increase in SWIR rates could be
dedicated to cover this shortfall, plus an incremental amount to offset WM's business and
occupation tax burden (estimated at $1,275) with resulting revenue passed-through to the
utility.
This pass-through rate increase would require an addition to the annual CPI-based rate
change, starting in 2007 and continuing in successive years. Based on current
projections, the increase would add about 0.89% to 2007 base service rates. This would
increase the pre-tax monthly cost for a typical residential account (one 32-gallon can with
recycling, and one yard debris cart) by 16 cents, or from $17.56 to $17.72 (using current
rates). Calculation of the actual rate impact would occur in late 2006, based on overall
.
1:>....- '"2...-
(. revenue levels at that time. The rate impact should be slightly lower, since a larger
account base is anticipated over which to distribute the added City Administrative Fee.
Collection Schedule for Yard Debris
The Contract contains conflicting language about the Yard Debris collection schedule. A
typographical error describes that Yard Debris collection occur both weekly and every-
other-week during the month of March. Over the first four years of the contract term,
collection occurred on an every-other-week basis during March. However, residents have
made requests to City staff for weekly service to resume in March rather than April, since
they're finding a need for more capacity earlier in the spring. Further, the original
Request for Bids clearly specifies that yard debris collection occur on a weekly basis in
March. For these reasons, staff recommends that for the balance of the contract term,
weekly yard debris collection resume in March. This appears to be fair, since the
collection schedule was in the Contractor's. favor during the first half of the contract term.
The proposed contract amendment would essentially add two additional weeks of yard
debris recycling service on an annual basis, with no related rate impact.
Summary of Proposed Contract Amendment Items:
1. Change in Tenn{award of 2-year contract extension), per City Council direction
by motion on June 21, 2005. (Revises Section 1)
2. Yard Debris Collection Rate Increase (due to change in dumpsite location).
C.. (Revises Section 3.3.1). Inserts language that modifies the Compensation
Adjustments section, allowing the addition of an incremental rate increase for
basic residential yard debris collection in 2006, with a provision to "make-up" for
additional hauling costs incurred during 2005. This means the calculated rate will
be doubled during 2006. Collection of additional actual route and haul data over
the next year will be used to further refine the rate in 2007 (likely a net downward
adjustment from the "make-up" rate, as the incremental increase allowed in 2006
will be cut in half.)
3. Administrative Fee increase. (Revises Section 3.2) The increaSe will result by
addition of $85,000 to the initial Administrative Fee amount starting in 2007.
4. Clarification of Yard Waste Collection Schedule ~ as weekly in March (revises
Section 2.2.3.3). This section will be revised to make it clear that weekly yard
waste collection resumes in March, rather than April, of each year.
All other sections of the contract will remain unchanged by the proposed contract
amendment. A draft proposed contract amendment is included as Attachment 1.
Options
1. Direct the City Manager to complete the execution of the four proposed contract
"'. changes contained in Attachment 1.
n....3
2. Direct the City Manager to complete the execution of only the term extension .
contract change contained in Attachment 1, and forgo action on the other
proposed contract changes.
3. Direct City staff to return to the Committee and/or City Council with further
information regarding the proposed contract changes.
4. Direct that no action be taken on any of these proposed contract amendment
items.
Recommendation
Staff recommends that Option 1 be endorsed by the Committee, and forwarded to the
November 1,2005 City Council consent agenda with a recommendation for approval.
('.'. .
K:\FEDRAC\2005\1O-25-Q5 SW&R Contract Amendments.doc
.
})-- 4"
Attachment I IDJ1hl4ff:r
_c_-. FIRST AMENDMENT
TO
COMPREHENSIVE GARBAGE, RECYCLABLES AND YARD DEBRIS
COLLECTION CONTRACT
FOR
CITY OF FEDERAL WAY
AND
WASTE MANAGEMENT OF WASHINGTON, INC.
(AG #01-144)
This First Amendment ("Amendment") is dated effective this _ day of
, 20~, and is entered into by and between the City of Federal Way, a
Washington municipal corporation ("City"), and Waste Management of Washington,
Inc., a Washington corporation ("Contractor").
A The City and Contractor entered into a Comprehensive Garbage,
Recyclables and Yard Debris Coll~tion Contract dated effective December 14, 2001
whereby Contractor agreed to provide comprehensive garbage, recyclables and yard
debris collection services ("Agreement").
B. Section 6.14 of the Agreement provided that the Agreement may only be
,. amended by written amendment executed by authorized representatives of the City and
the Contractor.
C. The City and the Contractor desire to amend the Agreement to continue
the Services described in the Agreement by extending the term-of the Agreement,
increasing the City Administrative Fee, increasing the Single Family Residence yard
debris rate, and clarifying the yard debris collection schedule.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree to the following terms and conditions:
1. Term of Contract.
Section 1 ofthe Agreement shall be amended to extend the term ofthe Agreement
until December 31, 2008.
The City may, at its sole option, extend the term of the Agreement for an
additional extension term, not to exceed two years. Any such extension shall be under
the original terms and conditions of the Agreement.
-.
1)...5
:~,"'" '.~. .
2. Scope of Work
Section 2, Scope of Work, shall be amended to clarify the Yard Debris collection
schedule shall be weekly, rather than every other week, during the month of March. The
first paragraph of Section 2.2.3.3, Specific Collection Requirements, shall be amended by
deleting the first sentence and replacing it with the following:
Yard Debris shall be collected weekly from all subscribing Yard Debris
Cart customers during March through November, and every other week
during December through February.
3. Compensation.
A. Compensation to the City
Section 3.2, Compensation to the City, shall be amended to increase the
City Administrative Fee by Eighty-Five Thousand and No/I00 Dollars ($85,000),
hereafter referred to as the "Administrative Fee Increase". The first paragraph of
Section 3.2 shall be amended by deleting the paragraph and replacing it with the
following:
The Contractor shall pay to the City one-twelfth of the annual City
) Administrative Fee on the first day of each month during the .
extended term of this Contract. The initial (first-year) City
Administrative Fee equals One-hundred Sixty-two Thousand and
No/IOO Dollars ($162,000). This amount is adjusted annually in
accordance with Section 3.3 of the Agreement. Starting on
January 1, 2007, the fee shall increase by an additional Eighty-Five
Thousand and No/IOO Dollars ($85,000) over the 2007 rate
adjusted in accordance with Section 3.3 of the Agreement.
Contractor shall collect the Administrative Fee Increase from
customers, along with reasonable related business and occupation
taxes estimated at an additional One Thousand Two Hundred
Seventy-Five and No/IOO Dollars ($1,275). Starting January 1,
2007, the total of the Administrative Fee Increase and the tax
increase shall be distributed over the rate base to the widest extent
practical, based on customer counts in Fall 2006 and total
Contractor revenue based on the combination of City Utility Tax
receipts and yard waste customer counts in Fall 2006. Contractor
shall retain the reasonable related business and occupation tax
amount. In this manner, the Contractor shall incur no economic
disadvantage as a result of the 2007 Administrative Fee increase.
The amount of the combined Administrative Fee Increase and
annual City Administrative Fee shall be adjusted each successive
.' year in accordance with Section 3.3. A specific example of the .
)), b
:'~. annual Administrative Fee adjustment formula is provided in
Attachment C.
B. Compensation Adjustments
Section 3.3, Compensation Adjustments, shall be amended to increase the
Single Family Residence yard debris collection fee. In consideration of increased
costs to the Contractor du-e to a change in Yard Debris processing site to Cedar
Grove Composting in Maple Valley, Washington, the following compensation
adjustment shall occur in 2006 and 2007, in addition to those routine rate
modifications described in Attachment C of the Agreement. Section 3.3.1 shall
be amended by adding a new paragraph as follows:
Based on data analyzed and agreed to by both the City and the
Contractor, the increased costs to the Contractor, resulting from a
change in disposal sites, merit an increase of twenty-three cents
($0.23) per month in Single Family Residence yard debris service
rates. In order to "make up" for Contractor cost increases incurred
during 2005, this amount will be doubled such that an additional
forty-six cents ($0.46).per month will be added to the 2006 Single
Family Residence yard debris service rates starting January 1,
2006. Starting on January 1, 2007, this amount will be decreased
by twenty-three cents ($0.23) per month prior to calculating the
C. annual 2007 CPI adjustment for Single Family Residence yard
debris collection service rates. However, based on data
accumulated during 2005 and 2006, an adjustment to this rate will
be determined to more precisely factor in the apportioned amount
of hauling costs associated with mixed loads (which include yard
debris frqm accounts outside Federal Way's city limits). Since
there was inadequate data on mixed loads. at the time of this
negotiation, these loads were not fully accounted for in calculating
the base twenty-three cents ($0.23) monthly increase for this
service. The resulting change to ihe calculated rate increase will in
no case exceed the forty-six cents ($0.46) per month "make up"
rate increase that will remain in effect only during 2006. Data
accumulated during 2005 and 2006 will be sufficient to determine
the number of mixed loads that contain City Service Area yard
debris, and the apportioned amount of these mixed loads which
accrue solely to the City Service Area.
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4. Full Force and Effect. .
All other terms and conditions of the Agreement not modified by this Amendment
shall remain in full force and .effect.
DATED the effective date set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley, City Manager
PO Box 9718
Federal Way, W A 98063-9718
ATTEST: APPROVED AS TOFORM:
Laura Hathaway, City Clerk Patricia A. Richardson, City Attorney
'. ) NAME OF CONTRACTOR .
.',.,.J'
By:
(Signature)
(Name)
Its:
(Title)
(Address)
(Phone)
\, I .
:D- g
f.--. [Corporate Notary}
STATE OF WASHINGTON)
) S5.
COUNTY OF )
On this day personally appeared before me , to me known to
be the of that
executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that helshe was authorized to execute said instrument and
that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of ,
200 .
~
-
(typed/printed name of notary)
Notary Public in and for the State of
Washington.
C. My commISSIon
expIres
;..
]).,.g
MEETING DATE: November 1,2005 ITEM# -V.P-
,~___~~"""~,,,_,,"'''W~'_~~_'''''_'_' ~......~...._..w....~~._~_...._........~..n____'~'~~__'___'''' .~_._.~-~.,..__...._y-_..-
. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Tourism Enhancement Grants
CATEGORY: BUDGET IMPACT:
X CONSENT ORDINANCE Amonnt Bndgeted: $30,000
RESOLUTION PUBLIC HEARING Expenditure Amt.: $18,700
CITY COUNCIL BUSINESS OTHER Contingency Req'd: $0
__....~~~~_~....................n.........._..,,~.~~~__.....----__~_............-~~~.~_~..~~....._...............~y..._....__..._~~.............. .n_nn...nn.__...nnn.~_.._._"...nn......._.....""_""_~"~___'"''
ATTACHMENTS: Exhibit A - memo to FEDRAC and attachments
.........................._""'...~_.---.-____....~~...~_~~~....~...,'..........n.......n"".........n....'................~.~..~n'.~.............n_..'~~'__.._.~._n'n.n_..........nn..._..."...~~_ ~.~~, ....-..-
SUMMARYIBACKGROUND:
Two rounds of the Tourism Enhancement Grant are included in the Lodging Tax Advisory Committee's work
program and budget for 2005. The total amount budgeted for grant awards of $30,000. These grants are
intended for not-for-profit organizations engaged in sports or cultural events in Federal Way that will bring out-
of-town visitors to the City.
euring this first round of grant applications for 2005, four applications were awarded $11,300, leaving $18,700
for this second round ofTEG.
There were seven grant applications that were received for the second. These applications are listed below:
Federal Way United Soccer Club/Federal Way United Soccer Club Blast $ 3,500
Off Soccer Toumament-8/12-14/2006
Federal Way Symphony OrchestraIHoliday Pops Concert-12/3-4/2005 $ 3,500
USSSAlMen's "D" World Championships-9/21-24/2006 $15,000
USSSAiFederal Way Men's Major NIT-7/21-23/2006 $ 5,000
Raiders Parent Movement/Washington State Coaches Association "All-State $ 6,000
Girls Basketball Games"- 3/17 -18/2006
Pacific Northwest of US Synchronized SwimmingleSynchro Age Group $ 5,000
Synchronized Swimming Championships--6/23-7/1/2006
Federal Way Community CouncillFederal Way's Festival Days- $10,000
8/25-27/2006
.. copy of each application submittal is attached to Exhibit A to this memo.
PROPOSAL
After considering recommendations from its Tourism Enhancement Grant Review Subcommittee, the Federal .
Way Lodging Tax Advisory Committee (LTAC) reviewed each of these applications at its 10/14/05 meeting.
The LTAC's unanimous recommendations are as follows:
Federal Way United Soccer ClublFederal Way United Soccer Club Blast $ 1,000
Off Soccer Tournament-8/12-14/ 2006
Federal Way Symphony OrchestralHoliday Pops Concert-12/3-4/2005 $ 700
USSSAlMen's "D" World Championships-9/21-24/2006 $ 5,000
USSSAlFederal Way Men's MajorNIT-7/21-23/2006 $ 2,000
Raiders Parent Movement/Washington State Coaches Association "All-State $ 5,000
Girls Basketball Games"-3/17-18/2006
Pacific Northwest of US Synchronized Swimming/eSynchro Age Group $ 4,000
Synchronized Swimming Championships-6/23-7/1/2006
Federal Way Community CouncillFederal Way's Festival Days- $0
8/25-27/2006
CITY COUNCIL COMMITIEE RECOMMENDATION: On 10/25/05 the FEDRAC considered the LTAC
recommendations and wished to allocate more money to the Federal Way Symphony Holiday Pops Concert by using the .
unallocated $1,000 and reducing the award to the Raiders "AU. State Girls Basketball Games" by $500. As a result,
FEDRAC recommended that City Council approve the following Tourism Enhancement Grant awards:
FederalWay United Soccer ClublFederal Way United Soccer Club Blast $ 1,000
Off Soccer Tournament-8/12-14/ 2006
Federal Way Symphony Orchestra/Holiday Pops Concert-12/3-4/2005 $ 2,200
USSSAlMen's "D" World Championships-9/21-24/2006 $ 5,000
USSSAlFederal Way Men's Major NIT -7/21-23/2006 i $ 2,000
Raiders Parent Movement/Washington State Coaches Association "All-State $ 4,500
Girls Basketball Games"-3/17 -18/2006
Pacific Northwest of US Synchronized SwimmingleSynchro Age Group $ 4,000
Synchronized Swimming Championships---6/23- 7/1/2006
Federal Way Community CouncillFederal Way's Festival Days- $0
8/25-27/2006
---........~~_~_YYMU.....M_.M~.....M.._.__.._.~~..n_n'~ "~""__"_~'~''''''''''m ..~~.......""n...~~n_ ................~w. _'n_~~
PROPOSED MOTION: "I move to approve the Tourism Enhancement Grant awards, as recommended by
FEDRAC." .
---~.~~....~.~~~....~............,...."..........._.....~""...,""."'-'"~"...~., ..,....~."..._n~.."'....w,. ~..~~..__u.~~_.._,~~~__~_
('
CITY MANAGER APPROVAL: ( )...ev. j~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1 ST reading
'0 TABLEDIDEFERRED/NO ACTION Enactment reading
D MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 04/2812003
.
I
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CITY OF FEDERAL WAY .
MEMORANDUM
Date: October 20, 2005
To: Finance, Economic Development and Regional Affairs Committee
Via: DavidH. M~ger
From: Patrick Dohe , . omic Development Director
Subject: Approval o/Tourism Enhancement Grant Applications
BACKGROUND
Two rounds of the Tourism Enhancement Grant are included in the Lodging Tax ,
Advisory Committee's work program and budget for 2005. The total amount budgeted
for grant awards of $30,000. These grants are intended for not-for-profit organizations
engaged in sports or cultural events in Federal Way that will bring out-of-town visitors to
the City.
During the first ro\llld of grant applications for 2005, a total of$12,300 was awarded to
five organizations, leaving $17,700 for the fall ro\llld. An additional $1,000 became
available when the "Summer Knight" Tournament failed to receive their IRC 501c non-
profit status by July I, 2005, bringing the total available f\lllds for the fall rO\llld to .
) $18,700. For the second rO\llld seven applications were submitted requesting a total of
$48,000, as detailed below:
Federal Way United Soccer Club/Federal Way United Soccer Club Blast $ 3,500
Off Soccer Tournament-8/12-14/2006
Federal, Way Symphony OrchestraIHoliday Pops Concert-12/3-4/2005 $ 3,500
USSSA/Men's "0" World Championships-9/21-24/2006 $15,000
USSSNFederal Way Men's Major NIT -7/21-23/2006 $ 5,000
Raiders Parent Movement/WashingtonState Coaches Association "All-State $ 6,000
Girls Basketball Games" - 3/17-18/2006
Pacific Northwest of US Synchronized Swimming/eSynchro Age Group $ 5,000
Synchronized Swimming Championships---6/23-7/1/2006
Federal Way Community CouncillFederal Way's Festival Days- $10,000
8/25-27/2006
A copy of each application submittal is attached to Exhibit A to this memo.
.
E.1
/
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PROPOSAL
. Aftercol1sidering recommendations from its Tourism Enhancement Grant Review
Subcommittee, the Federal Way Lodging Tax Advisory Committee (LTAC) reviewed
each ofthese applications at its 10/14/05 meeting. The LT AC's unanimous
recommendations are as follows: -
Federal Way United Soccer ClublFederal Way United Soccer Club Blast $ 1,000
Off Soccer Toumament-8/12-14/ 2006
Federal Way Symphony OrchestralHoliday Pops Concert-I2I3-412005 $ 700
USSSAlMen's "D" World Championships-9121-2412006 $ 5,000
USSSAlFederal W ayMen's Major NIT -7121...23/2006 $2,000
Raiders Parent MovementlWashington State Coaches Association <<AlJ-State $ 5~000
Girls Basketball Games"-3/1 7-1 8/2006 ,
Pacific Northwest of US Synchronized SwimmingleSynchro Age Group $4~000
Synchronized Swimming Championships---6123-7/1/2006
Federal Way Community CouncillFederalWay's Festival Days- $0
8/25-2712006
. The recommended grant funding for this round totals $17,700.
The LTAC recommends that no grant money be awarded to the Federal Way Community
Council for the Federal Way'sFestival Days. The LTAC felt that since Federal Way.
Community Council has already received $5,000 during the fitst round of funding in
2005, that it would not be equitable to disperse a substantial percentage of this year's
TEG monies toone organization. The LTAC would extend an invitation to the Federal
Way Community Council to apply for the TEG in its 2006 funding cycle.
The LT AC recommends a contingent grant of$5,OOO for the USSSA's request for the.
Men's <<D" World Championships upon the award of the World Championship by the
national committee. The bid will be awarded on November 1 0, 2005 at the national
meeting. If the Seattle chapter fails to win their bid then the grant will be returned to the
City"
STAFF RECOMMENDATION
Staff concurs with the LTAC recommendation to approve the Tourism Enhancement
Grant awards, as recommended by LTAC-
COMMIlTEE ACTION
. Approve, the award of the following Tourism Enhancement Grants:
E - '2-.
$1,000 to the Federal Way United Soccer ClublFederal Way United Soccer Club Blast Off .
, Soccer Tournament.
~ :l.. ~O,lfjjpetrto the Federal Way Symphony OrchestraIHoliday Pops Concert.
p $5,000 to the USSSAlMen's "D" World Championships contingent on acceptance or the local
bid by the National Committee.
$2,000 for the USSSAlFederal Way Men's Major NIT.
'cf)Sf>D $5,gOOtothe Raiders Parent Movement/Washington State Coaches Association "All-State Girls
~. Basketball Games".
$4,000 to the Pacific Northwest of US Synchronized Swimming/eSynchro Age Group
Synchronized Swimming Championships.
.
.
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,
GRANT APPLICATION .
GRANT APPLICATION INSmUCTIONS: Read the entire packet,.includin~ the attached selection
criteria before completing thisapplicatiOJL Please type orprint: Answer-each question to the bestofyoor.
ability. The BOARD does not provi<Je funding fur toqrnamententry fees, mvel, lodging, meals,
Uliiforms, equipment, coaches sala,ries, fucility upgrade$ or capital campaigns. If a question is not .
applicable to yom' event, simply write "Nt A" iathe space provided; You-may maii-of deliver your
completed application to the address listed below.
Attn: Patrick Doherty, TEG Application
City of Federal Way
P.O. Box 9718
Federnl Way, WA 9806';-9718 .
APPLICANT'S NAME: Perry Woodford
ORGANlZA nON: Federal Way UiIited'SoccerClub
FEOERALT AX 10: 91-1765041 ISA QUALIFIED 5010 ORGANIZATION_YES .
-
STREET ADDRESS: 25219 43rdplace South Kent WA 98032 - '-
MAlLINGADDRESS:_ 25219 43Jd Place South Kent. WA 98032
DAYTIME Telephone:{ 253) 173-1815 . '-. Fax: ( )
Ofticial Event Name: Federal Way Ulilied' SOccer-ClubBfust Off SOccer Tournament
Briefly describe the event (type of activity, male, female,co-ed, etc): This event is for girls on August 5.
6, 7 aDd boys August 12, B.14. The ages-are I-Oto-18-. This is-a very good-soe<:ertoumament hellJ for
the youth playing under Washington State Youth Soccer Association. Teams come from around
Washington and surrOtmding states_ This year we have ahoys team (25 people) coming from Hawaii for
6 days iri Federnl Way. This year we have 176 teams and 32 of them are staying in hotels.
'I
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Scope of Event (check 1): Local ~ R~ National IpJgfl}Ji.Qngl .
E-~
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. Previous ffosts . YEAR CITY/STATE Venue i
. We have hosted this roumament for an estimated .16 years. We use. 10 soccerfiel~ in and around,
Federal Way. . 4 at Celebl'ation Park. 2 at Lakota Park aDd Sacajawf,a.Park.l at Katl ,Qmsqh ~d I at
Oecatur RighSchoof.
Has this event ever been held in Federal Way? 16 years
.
Has this event ever been held in King County? 16 years Pierce COutlty? NO
If yes, when: Month: Year:
Venue: City;
.
EVENT FINANCiAL INFORMA nON
Is a host fee required? NO rf so, what amount?$ Or . - % ofproceeds ~r~_~
What is the projected nuinberofticketsthat will be sofd?116tcams at 315dOlIarseach_
Average ticket price: $ 375 Event's total estimated expenses: S34J)OOtc>36:000 .~-
Amount of expenses local host is responsible for'l$ 100% . $34J)()() to 36.000
Events total estllnatedrevetlues? $7tOOO
J,
~
What portionoflhe event's proceeds will be kept by the local host? $-lOO%retainedby the SOCCQ.L~tub
and used to redUce olaver registration fees.
.
E-fo
(.t t.~ numbers hstetia60ve, what percentage ","in require overni!# lodging? .
V-<!~icinants .....' ~ "0' n _. % Teams/Groups 17%
Spectators 10% Event Staff' 0%
.....i '.~~~"'=':'-:l:":':N"'''''''''_:::r_:'_'''"' .......,. ~,(:.. -~~__-u.... 1
~ : ;" ':" ... '- ~ --:--... " " . -....., '.' ~, "J500~OO
I uKAN i fil'\40UNT REQUESTEO:,
L . '.
How will thCl)e grant funds be utilized?
The grant is used to cover the cost of the progmtns that We provide free' to-the p~yers'andcoaches.
P~-Se list the other sonr:Ceg, of fmancial support(spons.orShip.etcJ which you have plU'S.UOO:
Source:
M:wy local businesses willpcovide services or free ice orprodttct and we provide free adverti:sel:nenh> in
the program.
Committed: YES NO Amount: $ _'_~A~_ .
Committed: YES NO Amount: $ ~, ----
COmmitted: , YES NO Amount: $ ~~"-
The undersigned certify the information provided above is true and accurate ao4 any projections arc based
onbistory of similar events and actiVities that are available to the ,industry and adjusted to local
conditions.
App~canf s SignatUre '--,-~,' -'~'-'''-'-''-~~
ApPlicanfSTitle:~('-e S ,-1'(",-1-" F W5 ...rr Date: i:-2~O_~ ...
"'_"r~
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t/7 ~
,
'.:. GRANT APPLICATION
I,',:
,,,".
GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection
criteria before completing this application. Please type or print. Answer each question to the best of your
ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals,
uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is not ,
applicable to your event, simply write "NI A" in the space provided. You may mail or deliver your
completed application to the address listed below.
AUn: Patrick Doherty, TEG Application
City of Federal Way
P.O. Box 9718
-' ~
Federal Way, WA 98063-9718
APPLICANT'S NAME: Katherine Franklin Co President -
ORGANIZA nON: Federal Way Symphony Orchestra -
,-
. FEDERAL TAX !Do ~23~ 731 Q8(j() IS A QUALIFIED 501@
ORGANIZA TION............Yes_
STREET ADDRESS: 3081914lh AveS. SuiteC Federal Way, WA 98003
MAILING ADDRESS:---,PO Box 4513 Federal Way, W A 98063-
4513
DAYTIME Telephone:( 253 )529-9857 Fax: ( 253 ) 529-0411, -,,~
Official Event Name: Holiday PODS Concert -,-.-----
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Briefly describe the event (type of activity, male, female,co-ed, etc): . . Annual holiday cOI!t;:~g.
This year we are presenting a pops selection along with traditional holiday music. We are featurLlj;;,::!
. Russian soloist who will be presentin!! a fast-paced marimba concerto. TIris is an unusual pie!,~<_gL"lUsic
on an instrument that is not normallv a part of a symphony orchestra.
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Scope of Event (check I): Local x State Regional x National International
Previous Hosts: YEAR. CITY/STATE Venue
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NA
Has this event ever been held in Federal Way? Yes
Has this event ever been held in King County? NA (we are in King County) Pierce .
County?
If yes, when: Month: December Year: yearly
Venue: St. Luke's Church City: Federal Way
EVENT FINANCIAL INFORMATION
Is a host fee required? NA If so, what amount? $ or % of proceeds
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What is the projected number of tickets that will be sold? 400--600
.:i Average ticket price: $ j2Q Event's total estimated expenses: $ $22,000. .
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"'. Amount of expenSes local host is responsible for? $ total
Events total estimated revcnues?$ $14,000
What portion of the event' s proceeds will be kept by the local host? $ total
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VENUE INI<'ORMA TION
Proposed local venue: St. Luke's
Location: 515 3121h S. Federal Way
Proposed dates: December 3. 42005
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Have you confllTIled the availability of the proposed dates at the primary venue? YES x NO
Will you have a ne~d for secondary or practice venues? YES x NO
TOTAL VENUE RENTAL (both competition and practice sites) $ . 530
ECONOMIC IMPACT
How many participants will the event attract? 60 + musicians olus soloist
How many teams/groups will the event attract? NA ')
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How far away will the (atWete/participants) travel (local, regional, national,intemational)? Regionat~
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E~/l)
How many spectators will the event attract? 400-600 - .
How far away will spectators travel from? Regional ~~
How many support (staff, vendor, etc) people will the event attract? 65
Of the numbers listed above, what percentage will require overnight lodging?
Partipanls _NA % --- .
Tcams/Groups %
Spectators % Event Staff % ~~,--,.__._~
I GRANT AMOUNT REQUESTED: $ 3,500 -~]
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How will these grant funds be utilized? .
The fimds will be used to widen Our advertising scope, including radio spots on 98.1 Classical King ({\-f,
KOMO 1000 AM and ads in the Seattle PI, Seattle Times and Tacoma News Tribune as well as OUr ;\,;)
local papers, the Federal Way News and the Federal Way Mirror.
Please list the other sources of financial support (sponsorship, etc.)which you have pursued:
Source: Soliciting sponsors now under way.
City of Federal Way Arts Commission Conunitted: YES x.
NO Amount: $ 1800
Conunitted: YES NO Amount: $ .~.,.~ ,
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Conunitted: YES NO Amount: $ --.--
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The undersigned certify the information provided above is true and accurate and any projections are based
on history of similar events and activities that are available to the industry and adjusted to local
conditions. -dffi MciLc (-1/lM1 L[
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Applicant's Signature
GO. ? -/J -- OJ-'
Applicant's Title: " ()( Qe::s / DUUT Date:
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GRANT APPLICATION ;tT 1 .
GRANT APPLICATION INSTRUcnONS: Read the entire packet, including the attached selection
criteria before completing this application. Please type or print. Answer each question to the best of your
ability. The BOARD does not provide funding for tournament entIy fees, travel, lodging, meals,
uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is not
applicable to your event, simply write <~I An in the space provided. You may mail or deliver your
completed application to the address liSted below.
Attn: Patrick Doherty, TEG Application
City Of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718 -' ~
APPLICANT'S NAME: KO{;E~ \). W, LSON
ORGANIZA TlON:~ 1l5f-l1 "'GTD N .. U SSs A
FEDERAL TAX Ill: IS A QUALIFIED 5010 ORGANIZATION~_ .
STREET ADDRESS: .-5'10 No. Blf-& S€flIT"LE. WA 911113 _ ___~
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MAILING ADDRESS: P.o. &x. ..3/D8Q c.:5f:A,.n-F;J WA rJ1tJ3_______
DAYTIME Telephone:(,,1llb) 78'1- q/33 . Fax: Ctb) 789- /l.S9 _-"______
Official Event Name: t:n€.IlIlL. t.J4i rr1 G.;:S n1A jolt. N.:r:. -r: ._____..._._~
. I
Briefly describe the event (type of activity, male, female, co-ed, etc): ON€.. nF /.;l F.;:.t.leJ:,TS: He.l.l> ArJ(\J(,UtU..r ACI205-S II..J~ a-s. TO <\>UI"tLlIo/ oc.A~ -rOP !v:>€r./S
:51o... .f: lLH s:'~r~ALL Te:AP15 ~ "The. mus g.XJrl.Lj)- ;S~~
"\\-\f. (l"'\QST f'(Z.6:ST~lou5 TOUR,,v,qMt:NT dF- bAC.1l j~-Ilfl..J H.cLj))
AT J>':5f'{F:.1.5 U.hD€. e<..bl2.L.n 0 f. :Sp:>R-r1.J Ol?ll"WfXJ J tC!a~lJ;;ft,--
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/.'. Scope of Event (check 1): Local State Regional V'National. International-
Previous Hosts: YEAR CITY/ST ATE Venne
. .:lOO~ ~b~Al W~ Cae8AA"I'oN .(1/l.l
~€:. \\t: aA l II
Wt\Y Ie
~"l- .;loot.i
Has this event ever been held in Federal Way? YES
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. Has this event ever been held in King County? Y~5 Pierce County?_
If yes, when: Month: Year:
Venue: City:
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EVENT FINANCIAL INFORMATION
Is a host fee required? ~~ S .0
If so, what amount? $ , ~..:;() - or % of proceeds
~ is the projected number of tickets that will be sold? ./000
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Average ticket price: $ 'I. 00 Event's total estimated expenses: $ II 000 -
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Amount of expenses local host is responsible for? $ 100 't '
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1/#
Events total estimated revenues?$ /0 <<Y>- "l.
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What portion of the event's proceeds will be kept by the local host? $ rf
,tit
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VENUE INFORMA 1'ION
Proposed local venue: ~':D~ WAf --
Location: f.t" u;, gltA 1'\D tJ ~ak
Proposed dates: J~ .u- 2.3
Have you confirmed the availability of the proposed dates at the primary venu~@ > NO
Will you have a need for secondary or practice venues? YES @
TOTAL VENUE RENTAL (both competition and practice sites) $ " -150 .!!! --~---,.'-
ECONOMIC IMPACT
How many participants will the event attract? <fUJ .
How many teams/groups will the event attract? ;.~O
How far away will th~ (atWete/participants) travel Oocal, regional, national, intemational)?~Wjl/FL
How many spectators will the event attract? I ~OO .- 2..000 ___,_'_r~~~~~~~ ,~~
How far away will spectators travel from? - ;I} C-thl ~' '"""tk tA.S. ~~~~ ..~ ~- _.~ '~~.~-
How many support (staff, vendor, etc) people will the event attract? 2.0 ~ 2..eI
Of the numbers listed above, what percentage will require overnight lodging?
),
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Partipants :J5" % TeamslGroups ..:J.S' % -~,._-
Spectators 10 % Event Staff 75" % -- _.. --.-".--. -.--- ,.- ---
I GRANT AMOUNT REQUESTED: .. ~~~-~~_~~.-,:-_-_~ -J .
$ 5: 000 -
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'~'-',I How will these grant funds be utilized?
Please list the other sources of financial support (sponsorship, etc.) which you have pursued:
Source:
c-.~~IIa.b Pus Committed: YES NO Am:unt: $' ~() f>l'fO:r
S('A
Committed: YES NO Amount: $
Committed: YES NO _ Amount: $
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The undersigned certify the information provided above is true and accurate and any projections are based
on history of similar events and actiyjties that are available to the industry and adjusted to local
conditions.
Appfi=<>SS~ --.....
Applicant's Title:;9$ST. STAre ])/~'mH Dare: f~r
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GRANT APPLICATION .;112.. .
GRANT APPLICATION INSTRUCIlONS: Read the entire packet, including the attached selection
criteria before completing this application. Please type or print_ Answer each question to the best of your
ability_ The BOARD does not provide funding for tournament eotIy fees, travel, lodging, meals,
uniforms, equipment, coaches salaries, facility upgrades or capital caritpaigns. If a question is not
applicable to your event, simply write <"Nt A" in the space provided. You may mail or deliver your
completed application to the address listed below.
Attn: Patrick Doherty, TEG Application
City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718 - - >
APPLICANT'SNAME: 1) \C.t . C.AOJO t ~'tR..\J'1 </)N
I
ORGANlzATION:~ A"'it-l f ~ ION LJ.55~ A
FEDERAL TAX ID: 'jlJ3/J .lS' 7 IS A QUALIFIED 5010 ORGANIZATION /' .
STREET ADDRESS: 610 No f3l/1'J SCAITLf) tJA r~~
MAILING ADDRESS: .f o. Ao'X ..3fD89 :56A~ W" 9YlaJ.__
DAYTIME Telephone1Xlb) 709 -Sj/.3..3 Fax:(;)l(j 789~/b59 ~-,~-~
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" " r WO/ZlJ). &smpJONS JiiPS_
Official Event Name:U .sss- A fY} E:..tJ S 1)
Briefly describe the event (type of activity, male, female, co-ed,. etc): A 1T r1 (CIf c.u UTTJi-12..
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Scope of Event (check 1): Local State ~jonal ,/' National International
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Previous Hosts: YEAR . CITY/STATE Venue
;1 DC>t.f .
~OO3
Has this event ever been held in Federal Way?- rJo
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Has this event ever been held in King County? "'0 Pierce County?_
If yes. when: --- Month: ~ Year: ----
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Venue: City:
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EVENT FINANCIAL INFORMATION ~ /OO~ p.e IL ~ft""
. Is a host fee required? ~'. !f!!. % of proceeds
f..s Ifso. what amount? S,I.5.JOOO or
What is the projected number of tickets that will be sold? :LOOO
Average ticket price: $ \.-Y C6 ' ..
Event's total estimated expenses: $ fB) nOO-
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Amount of expenses local host is responsible for? $ 'fA rnD-
')
Events total estimat~drevenues?$ 6lJ - ~;:X:O'~ . ~.
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What portion of the event's proceeds will be kept by the local host? $ ,< - "?, fXX)-,
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VENUE INFORMATION .
Proposed local venue: t!s.LE.6 tl,::rr'\O.... PAC2.\t C lbuRtJFH'-"';tJr H o <\>-nu)
Location: F'"E."t)~~AL . blAY
Proposed dates: ...<;' Ei P'r .::ll - S€Pr:l.'1 ) .,Q.OOb
Have you confinned the availability of the proposed dates at the primary venue?@ NO
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Will you have a need for secondary or practice venues? @) NO
l.O l. Ie) ILL At.SQ 8t! u:s'...x:; ~..aM ''''' U"'T~ fL..l(A iL<f
TOTAL VENUE RENTAL (both competition and practice sites) $ ~..5lO.Q)
ECONOMIC IMPACT
How many participants will the event attract? .;J.JCOO Tb :J..j 5"00 .
How many teams/groups will the event attract? IOO-:::WO
How far away will the (athlete/participants) travel (local, regional, national. international)? JJID~
How many spectators will the event attract? ,2-3 -rHou5AND
How far away will spect;oors travel from? ,JATI /)I'fAL .:t<-~ sr~~
How many support (staff, vendor, etc) people will the event attract? .5b-bC>
. Of the numbers listed above, what percentage will require overnight lodging?
Partipants 85" % ; Teams/Groups R.t(' )..
%
Spectators .:5b % Event Staff SD %
I GRANT AMOUNT REQUESTED: $/5,000 co I .
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How will these grant funds be utilized? lb ~Atf lk I...J.TI....L 8q) D-\- /5,000
~~e NATiONAL ASS.
Please list the other sources offmancial support (sponsorship, etc.) whiCh you have pursued:
Source:
>
~....rr \NA ~\S(Y\ Committed: YES @) Alnount: $ .s:,OOO
.A~5T ql,.o(TO @)
~(L\) Committed: YES Amount:. $ ;:)...000
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J2~~D'" -\~M - Committed: YES @ Amount: $ ~C(X)
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The undersigned certify the information provided above is true and accurate and any projections are based
on history of similar events and activities that are available to the industry and adjusted to local
conditions. .,
. Applicant's Title: ~t.Sr;J....rr.:);.A7€. ']),{Ut!.1{)/'1 Date: j/4S-
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Atto: Patrick Doherty, TEG Application
City of Federal Way
P.O. Box 9718
. Federal Way, Washington 98063-9718
August 25,2005
Re:Grant Application for Men's "0' World Championships .
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I just wanted to take this opportunity to outline what this application is all about and what we
are trying to bring to the Federal Way community. The USSSA Men's "0" World Championship
Tournament will be held September 21-24, 2006. We are one of many States that are
submitting <l bid for this event. The chances of our being awarded this tournament are probably
not very good, however, we need to be prepared for the possibility of getting it.
In 2003 this tournament was held in Texas, and had 175 entries. Of these 175 teams, 156
were from outside of the state of Texas. In 2004 this event was in Michigan with 176 entries
and 158 teams from outside of Michigan. In 2005 this tournament is being held in Ol1ando,
. Florida. They are expecting over 200 teams to enter this year, with the state of Washington .
sending 11 teams. As you can see, the history of this tournament leads us to be fairly confident
that we can expect somewhere in the neighborhood of 175 teams to participate in 2006.
With a projected number'of 155 teams needing overnight accommodations for Thursday, Friday
and Saturday, and some coming in as early a~ Wednesday. we can expect the number of needed
room nights to be somewhere around the 2500 range. This is based on each team needing 5-6
rooms per night.
By using the accepted fomiula of the National Visitors Bureau we can expect the financial impact
of this event to be in excess of 1.8 million dollars to the local economy.
I will be submitting the bid for this tburnament prior to September 1 , 200S and will be
notified of who is awarded this bid at our National meeting on November 10th. At that time I
will need to sign the bid fonn and guarantee the money. If weare. not awarded this Tournament
then I would consider this request to be null and void.
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I thank you for your con$ideration of this request and if you would like to reach me for any
further details, I can be reached at 206-228-0426.
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Sincerely,
Roger O. Wilson .
Washington USSSA Assistant State Director
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RECEIVED
GRANT APPLICATION AUG 2 9 2005
..... CllY OF FEDERAL VolA Y
";.,:;,
CITY MANAGER'~ OFFICE
GRANT APPLICATION INSTRUCTIONS: Read the entire packet, including the attached selection
criteria before completing this application. Please type or print Answer each question to the best of your
ability. The BOARD does not provide funding for tournament entry fees, travel, lodging, meals,
uniforms, equipment, coaches salaries, facility upgrades or capital campaigns. If a question is not
applicable to your event, simply write "N/A" in the space provided. You may mail or deliver your
completed application to the address listed below.
Attn: Patrick Doherty, TEG Application
City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718 -" >
APPLICANT'S NAME: Mike Gradv
ORGANIZATION: Raiders Parent Movemeut (Thomas Jefferson HS)
FEDERAL TAX ID: #91~1442536 IS A QUALIFIED 5010 ORGANIZATION YES
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STREET ADDRESS: 4248 Sonth 28StloStreet
MAILING ADDRESS: Auburn. WA 98001
DA YTIME Telephone: . (253) 945-5622 Fax: (253 ) 945-5133
Official Event Name: Washineton State Coac~es Association "AIl-State Girls
Basketball. Games"
Briefly describe the event (type of activity, male, female, c<red,etc):
lu 2004. our inaueural event had twoeame8 (B/A/2A and 3A14A) featurioe 40 ofthe
best female hb!h school seniors from across the State. Thev were matched UP in an EaSt versns "
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West format to create eooeraphical riva.~des. There was tremendous excitement in the event as past
ol1!auizers had retired the event due to fundiDe and 191!istical issues.
Due to our success the previous year. in 2005. we expanded our event to three eames
. (BI A - 2A13A - 4A) and selected 60 seniors. aeain. from all across the State. It is our ~oal to
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. eventually have five eames - one for each hit!h school classification (B1A12A13A14A) - and cboose .
tOO seniors...:.. the vervbest basketball players that our State produces -and sbowcase their talents
rit!ht here in Federal Way each sprine. This way every type of c1assificatiOD will be represented and
allow for more players from acrQSs the State to participate.
This event is the only t!irls' basketball event that brint!s tot!etber tbe very best senior
players from every classification - at one venue - from every part of the State. It is also tbe lareest
event orit's kind fort!irls' basketbalL The event ol1!:anizer. Mike Gradv. is the Wasbineton State
Coaches Association Girls' Basketball Chairperson (tbird year). tbe Athletic Director for
Thomas Jefferson-Uieh School, eraduated from Decatur Hit!h School and h~s been Jllifelone
resident of the Federal Way area.
We also invite colleeiate coaches from all over the Pacific Nortbwest to attend our
t!ames- and have had several participants each year receive scholarships to those schools - all from
plaviot! what would be their fioal t!ame as a hieh school senior -intbe CITY of FEDERAL WAY.
Scope of Event (check l):_Local ~ State _Regional National International .
Previous Hosts: YEAR CITY 1ST ATE Venue
2004 Federal Way, W A Thomas Jefferson liS
Z005 Federal Way, WA Thomas Jefferson US
Has this event ever been held in Federal Way? YES (Federal Way School District)
Has this event ever been held in King County? YES Pierce County? NO
[f yesl when: Mo.nth_: April 2004 I March 2005 Year: 2004 /2005
Venue; Thomas Jefferson HS City: Auburn. W A (Federal Way School District) ").
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EVEN:T FINANCIAL INFORMATION
.';.IS a host fee required? NO If so, what amount? $ N/A or % of proceeds
What is the projected number of tickets that will be sold? 700+ (up 54% from 2005) ,
Average ticket price: S4,85 Event's total estimated expenses: S10.000
Amount of expenses local host is responsible for? $10.000 (tOO-A.)
Events total estimated revenues? . $6.500
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What portion of the event's proceeds will be kept by the local host? Any amount left over will provide
advance fuudiD!! for the 2007 event( marketin2. mailines. etc. ).
VENUE INFORMATION
,,'. Proposed local venue: Thomas Jefferson Hieh School (Federal Way School District)
Location: 4248 South 288d1 Street
Auburn. W A 98001
Proposed dates: Fridav. March 11th throueh Saturday. March 18th
Have you confirmed the availability of the proposed dates at the primary venue? X YES _NO
Will you have a need for secondary or practice venues? YES X NO
. TOTAL VENUE RENTAL (both competition and practice sites) $680
ECONOMIC IMPACT '1.
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How many participants will the event attract? 18 (60 participants/12 coaches/6 referees)
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How many teams/groups will the event attract? The 60 participants will form 6 "All-State" teams .
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How far away will the (athlete/participants) travel (local, regional, national, intemational)? Statewide
How many spectators will the event attract? In excess of 1.000 spectators
How far away will spectators travel from? Statewide. Spectators will follow their hometown
plaver to the f!ame (familv;, friends, coaches)
How many support (staff, vendor, etc) people will the event attract? 30 volunteers
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Of the numbers listed above, what percentage will require overnight lodging?
Participants 550/'0' Teams/Groups 55%
Spectators 33% Event Staff 50%
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GRANT AMOUNT REQUESTED: $ 6,000.00
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How will these grant funds be utilized?
1) ProDJote tbe event (Marketing)
2) Improve tbe eveDt (more participa~ts/more game8Jmore spectators)
3) Create and market tbe image oftbe City of Federal Way as being tbe "HOME" of
"ALL-STATE" (All-Star) Girls' Basketball
4) Insurance for tbe event
5) A wards
Please list the olher sources of financial support (sponsorship, etc.) which you have pursued:
Source: 'I
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Washiof!toD State Coacbes Association Committed: YES Amount: $2000
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Commons Mall at FedecalWav Committed: YES Amount: $500
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Papa Jobn~s Pizza Committed: YES Amount: $250
The undersigned certify. the information provided above is true and accurate and any projections are based
on histQry ofsimilar events and activities that are available to the industry and adjusted to local
conditions.
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-' . Mike Gcady
Applicant's Title:
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Date: 29 AU2l18t 2005
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RECEIVED
AUG 2 3 Z005
GRANT APPLICATION C?.g:M~~~l~~;-<:\~-.-:'~;E .
GRANT APPLICA ilON INSTRUcnONS: Read the entire packet, including the attached selection
criteria before completing this application. PI~type or print. Answer each question to the best of your
abi~ity. The BOARD dOes not provide funding for tournament entry fees, travel, lodging, meals,
uniforms, equipment, coac~ salaries, facility upgrades or capital campaigns. If a question is not
applicable to your event, simpl)!: write '~/A" in the space provided. Y au may mail or deliver your
completed application to the address listed below.
Attn: Patrick Doherty, TEG Application
City of FederaJ Way
P.O. Box. 9718
Federal Way, WA 98063-9718 -- ,
APPLICANT'S NAME: 6\,no.- C( Q.;\ ~ .
".-~_.~.,..---
ORGANIZATION: -VCA.u\~ c- tJO(~\.AX-S--\ 0-\ o. S. S4nc.hfD~e.cL__~~(~~;fYlfYt;n~
FEDERAL TAX ID: cn - I 8" to 8 \ 8" I IS A QUALIFIED 501<0 ORGANIZAll0N \....4 e <::, .
_._'-.1'._~
STREET ADDRESS: 3oz~ \ Z~a1 Ave. SLO -Fw wf\ q<6t--, ?7_~___. _ ____
MAILING ADDRESS: ""p. D.. "Goy- Z.~4\~ srL0 lJ\ q ~ oq ~.- Q-~j_?L
DAYTIME Telephone:(Z53) qz.,- !nS32. Fax.: (LJz~ 4gi- 48 Zb ,-. ,."'."- .._--'..,,~-,.-
Official EventName: ~'S4f\c..hm F\~ . 6rOJp S4()r-h(bY'\~--z.~J~wi.(y\m;'~--10'r_Ll~~MSh"'p.::
.. . ...--..J'
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Briefly describetlte event (type of activity, male, female, co-ed, etc):~f\c.hrof\~ Z-ec1 __~V,_); ,,--c-; ,'V\ i 1\ ~
\J@O{\oJ c...ho.vnP\ OI'\~h'r:) -\7)( Q f)e.-~ , l- - \ Cl - o-0ri eJ t7 Ii. " oed
-L~,_'_~..';;:-::j,__~_.~:.-.~. '
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'00\ Vl"\(AAr\ l "1 -\--ern 0..1 e... .~-~._--- ---'-".. .-.--
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Scope of Event (check I): Local State Regional. X National International
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Previous Hosts: YEAR CITY/STATE . Venue
~\)'\oJOI tJV 700S ~\i Gt-\ f\~el - ~i,\.X\J\) c Cenhr
Tf'\d,o.f\~'"X>\' s I "l-tJ 2004 l\J.. fu . f\CO\Jo.-tic Cel'\kr
. T
Has this event ever been held in Federal Way? YeS
~~ ~
Has this event ever been held in King County? Y -e- S Pierce County? _ W b
If yes, when: Month: 0Un e. Year: \9C\ it? + ZOo"Z-
Venue~\{\~ r.oU{)~ City: +pderR\ l4
f\tya-1i <- Cell \-e r
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EVENT FINANCIAL INFORMATION
Is a host fee required? WO If so, what amount? $ or % of proceedS ~._~
What is the projected number of tickets that will be sold? L?OO --
Average ticket price: $ ~ Event's total estimated expenses: $ 41,OO()
Amount of expelises local host is responsible for? $ \OcP7b m~~._~_~_
Events total estimated revenues?$ 51,OO() ~~
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Wh3t portion of the event's proceeds will be kept by the local host? $ \cx::f')o ,,-"-~~
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E r :LiS
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VENUE INFORMA TrON
PropOsed local ven.ue: .~ \f\ ~ Lovf\~ P\~'\ic. C. -e(\ -t-e r
Location: \fA~\ ~
Proposed dates: J 0(\ e Z-~, ZC00 - Je> 1 '1 I I LOO\o
Have you continued the availability of the proposed dates at the primary ,ventie?_@ . NO
Will you have a need for secondary or practice venues? YES .@)
TOTAL VENUE RENTAL (both compet;ition and practice sites) $ \R,ooO _~__'._'J~
ECONOMIC IMPACT
How many participants.willthe event attract? \000 .
How many teams/groups will the event attract? toa+
How faraway will the (athlete/participants) travel (local, regiOnal~intemational)? O-::Ll So + ~e 5
How many spectators will the event attract? SCOO .__'~ ~~~.J _~
How far away will spectators travel from? ---.J\Jo...*) on tJV \ ~......:-~--,~
How many support (staff. vendor, etc) people will the event attract? \ {)() ~.._~.-
Of the numbers listed above, what percentage will require overnight lodging?
l()O ":>
Partipants % Teams/Groups \OD % ~.~~---,-,.-
Spectators . 155 % Event Staff )00 % -~'-_....'.~'_____r'...~
fGRANT AMOUNT REQUESTED: $ 5000. 00 M_:~.~__:_____ ..'~ .
E..- ~1'
. 1
How will these grant funds be utilized?
~o.U \\~ ~en+oul
Please'list the other sources offuiancialsupport (sponsorship, etc,) which you have pursued:
Source:
committed@ ~
U.S. -" CP
51." (\ (A-H-o NO . Amount: $ I 000 -:-
Committed: YES NO Amount: $
. Committed: YES NO Amount: $
.
The undersigned certify tJ>.e infonnation provided above is true and accurate and any projections are based
on history of similar events and activities that are available to the industry and adjustedto local
conditions.
Applicant's Signature ~~ ~ ~
~. "
Applicant's Title:Lo-1'{YP....--\. ffV::U\a fJel Date: % - 25-2.005
'"
-
.
E,30
.. RFCEIVEL:
AUG 3 1 10;'
~ ~ c...J .
.. . CITY OF FEOEFiAL iliA" .
TOURISM GRANT APPLICATIONClwMANAGH":"o~F'cr
2006 Federal Way's Festival Days
August 25 · 26 · 27
\ .
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SeaTac Plaza: Helicopter Rides
.- -".parade: Starting point: 31Zth & Steel Lake Park
The parade route: Starting point: 312lh & 23rd Street. Heading
south until 3 16th, then west on 3 16th until 20th street Then south
on 20th street, crossing ove~ 320th street and into the Commons
Mall. '
Aquatic Center: 5K run/walk - Held on Saturday morning prior to the parade. Last
week we had over 170 participants. We had athletes from our
neighboring cities and Federal Way. In addition, we had
participants from as far as Everett and Portland, OL We are
anticipating 250+ athletes for the 2006 event
-- >
Scope of Event (check I): Regional
Previous Hosts: Nt A
Has this event ever been held in Federal Way? Yes
Has this event ever been held in King County? Y Cs
If yes, when: August 26th .. 2th .. 28th, 2005
Venue: The Commons at Federal Way, SeaTac Plaza and AquaticCenter.
EVENT FINANCIAL INFORMATION
.K RunlWalk
Is a host fee required? Yes If so, what amount? $< 20 perperson-$5goingtowards a local charity
What is the projected number of tickets thatwiUbe sold1 200+
Average ticket price: $20 Event's total estimated e~penses:$3.500.00'
Atnountofexpenses local host is responsible for1$3500.oo
. -
Events total estimated revenues? $4.000.00
What portion of the event's proceeds will be keptby the local host? $ None
~.
-
'-
.
E ,--3 7/
I GRANT AMOUNT REQUESTED; $10,000.00 I ..
How will these grant funds be utilized?
Promotion outside of the Federal Way market area.
Examples:
Advertise in 77 cOmmunity newspapers in Washington State highlighting this year's event. Over 1.3
million readers.
Promote the Festival in the Seattle Times/P.L, Tacoma New$Tribune and the Federal Way Mirror's
Summer Guides.
Advertise the FestivalandActivities_on Vashon IslandandKitsapCountyc' --. ~
Advertise on T. V .~King and UPN I L
Advertise on Radio-KLA Y, KMPS, KRWM, KBSG, Mix925.KingFM:, KIX].
Li ve Remote and Interviews: KMPS. KLA Y, Radio Hankoolc
Advertise in Money Mailer with an insert to promote Festival Oays.
Advertise in the Federal Way Chamber Newsletter-with an insert.
AdveruserthefestivaJ in the Federal Way Mirror newspaper.
Promote the Festival and Activities on the locaJ Northwest Afternoon Program.
Prorriote.the festivaJ in local newspapers via pre,ss releases .
Promoting the 5K run/walk on the website "On The Run" and "Active.com" to get participants.
Please list the other sources of financial support (sponsorship, etc.) which you have pursued:
Source:
Highline Community College Committed: Yes Amount: $1.500
St. Francis Hospital Committed: Yes Amount: $2,500
Bally T olal Fitness Committed: Yes Amount: $750
Target Committed: Yes Amount: $4.000
,
The undersigned certify the infonnation provided above is true and accurate and any projections are based
on history of similar events and activities that are available to the industry and adjusted to local
conditions.
Applicant's Signatu
Applicant's Title: ~. Date: ~~ ;.
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" . "Internal Revenue Service Department of the. Treasury
.. .
Distnc: P.O~ Box 2350 Los Ar.geles. Calif. 90053 .
Director
Person to Contact:
.. Fl:LERA.L WAY COHHUNITY COlJNCIi. .INe L BAR.R.AGAN
P.O. BOX 3684 Telephone Number;
ft:DERAL \.l.W. WA 980&3 (213) 894-233&
ReIer Reply to: -
EO(0216)95
Dala:
F~BRU~~Y 22, 19~5
EIN~ 91.-0976982
Dear Taxpayer: '.
'--~
This letter is in response to your request for a copy of
the detennination letter fat'" the above named organi2ation,
Our records indicate that this organization was recognized
to be exemot from Federal income tax in DECE.:.'1BER 1967 as
described 1n Internal Revenue Code Section 501(c)(3). It is
further classified as an organization that is not a private
-foundation as defined in Section 509(a) of the code, because it .
is an organization descrlbed in Section l70(h) (l)(A}(vi).
The exempt status for the determination letter issued
In Dt:CEHBER 1967 continues to he in effect.
If you need further assistance, please contact our Office
at the above address or telephone number.
Sincerely, _
. i r~\.N"" /
". Dis~losure Ass~ant
,
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MEETING DATE: November 15,2005 ITEM#
--
.. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECf: September 2005 Monthly Financial Report
CATEGORY: BUDGET IMPACT:
I2J CONSENT DORDINANCE Amount Budgeted: $
D RESOLUTION D PUBLIC HEARING Expenditure And.: $.
D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $
ATTACHMENTS: September 2005 Monthly Financial Report
".."'_u" ,'~', '". ,.-
SUMMARYIBACKGROUND:
CITY COUNCIL COMMITTEE RECOMMENDATION: Was reviewed at the Finance, Economic Developmentand
. _ ... Regional Affairs Colnmittee at their October 25th meeting.
&OPOSED MOTION: "I move for the approval ofthe September 2005 Monthly Financial Report.'~
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
D DENIED 1 ST reading
D TABLEDIDEFERREDlNO ACTION Enactment reading
D MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/1012001
. -,
F.--I
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crrYCH' ....
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'" --" , . . ,.
...............'-ra.................8y
MEMORANDUM
Date: October 25,2005
. _ To: Finance,. Economic Development &. R~gional Affairs Committee
Via: David Moseley, City Manager \
From: Tho Kraus, Finance Managl;lf
Subject: September 2005 Monthly Financial Report
Action Reauested: .
Accept the September 2005 Monthly Financial Report and forward to the November 15th Council meeting for full
Council approval.
.
K:\FIN\MFR\MFRFEDRACCYRl.DOC
f:-7--
_OF. September 2005 Monthly Financial Report
Federal'Way ',. GENERAL & STREET FUND OPERATIONS
_ The overall operating of the combined General and Street Fund showed a positive result of$2.0M through September; Overall
revenue total $25.4M and is $2.0M or 8.7% above budget, primarily attnbutable to the exceptional building permit activities
and a positive sales tax infused by new constructions. Both permit and constniction sales taxes are cyclical in nature and very
sensitive to changing economy and should not be overly relied upon forlong-term pmposes. Year-to-date expenditures total
$24.5M and is' $25K or 0.1 % over budget. The favorable' expenditures are priniarily due to tiining differences in when
payments are made, which is offset by some individual departments spending patterns ahead of their budget.
$ 6.109.614 $
8.107.771 8.121,088 ' 4.584.136 ~.S84,O~4 . . .4,912,309 4,912.309
10.835,153 10,546,218 7.694.996 10,638,000 ' 7,963,705 8.232.771 269,Q66
1,714,051 1.648.048 1,205,052 1;681,000 1~Z!9,148 1.321.627 92,479
2,233,623 2.231.610 1,702,501 2.362,000' 1.801,976 1,675,482 (126,494) .
2,500 19.292 18,489 2,500 2,396 1,722 (674)
1.850,000 1,444,132 "O5ll,799 1,331;1,000 975,120 1.150.845 175.725
1.275.975 1,242,796947.722 1.291,060 ,984,481 868,341 (116;140)
1,194.009' 1,658,586 ".. '1.196;241' --"'1;442;400 ' '1;04CJ,319 ' 2.522.305 1.481.967
377,296 339,366 268.4~ 365.000 ,288,708 260,240 (28.468)
142.100 177,445 ,60.~ 2011.517 l),641 ,100,563 28.921
653.062 700,714 512.200 663.000 484.698 589,456 104,758
- 57.910 47,590 .85;086 '69.m 50,366 (19,556)
934,950 830,603 711,391 _ 812,335 . :747,134 71,1; 131 (36,003)
653,555 864,485 726,020: ,9~.1.90. ',:7n;S42 793.060 15,219
542.000 541,495 406,121 552.000 ~414,000 414,000 0
288,170 111,004 88.470 122,000 97.234 . 174.261 77.026
.- 108.849 239,743 174.209 174,700 '126,948 243.290 116.344 "
UIIDty Tax-Celebration Park 231,843 231.843 231.843 238,798 238.798 238.798
Utility Tax-Kenneth Jones Pool 309,000 283,910 160,066 314.000 94.006 94,096
UIIlity Tax-Arts ,CornmlRW&B - - . 93,750 93.750 93.750 .
Utility Tax-Police PosIUons . - . 625,000 625.000 625.000 .
UIIlity Tax-Street Bond Projects 182.852 182,853 - 192,000 '1112,000 192,000
UIIIi Tax-New SlreeI Lights - . . 93.900 93.900 93,900
'llI'lill, 151j:;:,:Y: :::~Q:;' lI2.ll$1;2ll!J" 'Y' 1!l$:
305.038 306,685 242,135 348. 166 274,685 267,213 7,672
737.905 677,036 489.881 801.836 580.183 648,348 (68.166)
1,461,066 1,404.903 1.003.011 1,409;713 1,006,445 963.945 42,500
166,848 135.411 90,301 249.840 166,609 174,111 (7,502)
2.043.473 2,014,104 1,422.448 1.876.436 1.326.833 1,410,343 (83.710)
1,427,447 1,219.618 895,294 1,142,345 838,570 750.064 88,506
3.720,212 3.365,496 2,450,886 3,531,771 2.571,974 2.306.329 265,645
1.384.060 1,211,530 749.381 1.442,060 891.973 928,766 (36,793)
16,075,115 16.042.043 11.351,722 15,883,924 11,225,610 11,627.456 (401,948)
4,042.762 3.922,250 2,813,619 3.910.097 2,804.901 2,778,332 26,569
4,048.049 3.687,934 2,843,362 3.889.837 2,788.078 2,595,867 192, 191
86.000 77,fJfJ6 - - . -
'>"'34) : :<"2,, '415,81' ~~1#I~~W{,.
3,859,215} (2,591,867) ,156,127) (1,610,725) (1,150,739) 908,520 2,059,259
ER RNANCINGSOURCES
One- Time Transfers '" 7.361 7.361 4.591 25,000 49,159 -
Giants & Other 395,275 318.304 221.546 148,581 391,283
,::t";,,,,!i_,Financ;l,Iili~~ 402,836 173;581 '4.<Ill'~:'"
TliER RNANCING USES
City Maneger Contingency 158,836 - 1,214,043 - .
:. One- Time Transfers 10 CIP 2,898,370 2,898.370 2.898,370 - -
Other . - . -
3;osi,2l!!!' " ,,~!!~~, ",' 2,898,~70
1 597,829 S 2,945,041 3,280,654 S 474,430 $ . 4,294,002 nla
f,...'3
DESIGNATED OPERA1lNG FUNDS
Through September, designated operating funds revenue total $14.4M and is $2.7M above the year-to-date budget of$11.7M .
with utility taxes and real estate excise taxes being the major contributors. Expenditures of $1 O.3M is $207K below the budget
estimate of $1 O.5M.
. ., .:: :~';!'.::" ., :.,:.::"
~'f>N~rD"B_~''':
$ 5,243,067 $ 5,215,069 $ ,5,228,838 $ 4,696,652 $ 4,610,137 $ 4,610,137 $ 0
PERATlNG REVENUES
Intergovernmental 576,978 553,638 409,699 596,245 416,609 416,609 -
ityTaxes 7.253,021 7,557,724 5,667,088 7,525,399 5,642,849 6.171,653 528,804
OIel1MOIeI Lodging Tax 134,000 142,030 102,102 150,000 107.832 112.074 4,242
eat Estate Excise Tax 1,900,000 3,076.698 2,289,534 1,900,000 1,412,880 3,743,038 2,330,157
mas Bay Centre 500,:250 496,852 378,502 523.n5 399,011 320,387 (78,624)
nutzen Family Theatre 76,601 73,999 50,580 93,515 63,919 43,368 (20.551)
WMFees 3,437,136 3,522,667 2,039,610 3,576,746 2,097,695 2,097,695 -
efuse Collectlon Feu 168,545 179,058 137,704 167,701 '128,970 138,281 9,3t1.
I\Iere$I Earnings 344,010 76,049 56,246 203,345 150,394 108,983 (41,411)
aneou$fOlher 23 23 . 280,838 280,838 -
In: -
utility Tax-Knulzen Theatre 100,000 100,000 .
Utility Tax~Arterial Stream 1,193.604 890,625 -
:,......'tltlg:Revenuq,,::"/::::::J ,;,:; ,~_;t45 . '14,423~ ::iM'~'\o!'2e:
PERATlNG EXPENDITURES
ity OveIIay ~m 2,270,632 2,243,785 2,120,1.14 1,547,040 1,444,669 1,444,669 -
tillly Tax-Admin/Cash Mgmt Fees 53,561 53,561 40; 171 54,429 40,822 40,822 -.
id Waste 367.661 290,037 210.628 386,921 280.984 223,327 :57.656
.otellMotel Lodging Tax 350,999 186,625 131,491 ~25,196 481,943 481,943 -
ebl SeIVice 5,889,631 5,532,121 2,682,541 4.483,128 2,576,074 2,576,074 o.
urfac:e Water Management 2,718,698 2.567,905 1,890,567 2,878.976 2,103,205 2,005,075 98,130
umas Bay Centre 501,630 484,372 354,931 521.575 386,588 355,084 31,505 .
utzen Family Theatre 179,1n 202.397 150,067 196,090 145,391 125,386 20,005
" nsfers Out
utility Tax-Celebration Park 231,843 231,843 231,843 238,798 238,798 238,798 -
utility Tax-Kenneth Jones Pool 309,000 283,910 180,066 314,000 94,096 94,096 -
utility Tax-Arts CommJRW&B - 0 93,750 93,750 93,750
utility Tax-Police Positions - - . 625.000 625,000 625,000 -
utility Tax.Street Bond projects 182,852 182,853 . 192,000 192,000 192,000 -
Utility Tax-New Street lights - - - 93,900 93,900 93.900 -
utility Tax-Knutzen Family Theatre 100,000 100.000 100,000 100,000 100,000 100,000 0
lJblity Tax-Artenal Streets Overlay 1,193,604 1,193,604 1,193,804 890,625 890,625 890,625 -
utility Tax-Transportation C1P - . - 890,625 678.000 678,000 -
~: ' ,~, ....:::E!.:,;::,ilJ,.MtliJ: "'1q;~11!~;J1 .,....:i!lm..
,:,7",,;'.
1,334.857 3,401,548 3,158,871 1,889,297 1,225,780 4,185,005 2,939,225
THER FINANCING SOURCES
One- Tune Transfers In 4,382,836 4,253,236 3,735,706 4,242,273 2,129,015 2,129,015 -
<;ra~itlgatlonlOtl1e1' ..... ......... .... .,......... ..... .., 139.728 174,975 175,036 117,316 117,316
"tOlat~fl~~;~~~ ~i:i;)'::;\\\i\~\f#~1., ::';:'!;~'i'j;3Oi!; ., "':'. '~'::;~_'''::'C\.'';',:,',''',''::,,'
2,2~~:!, /'::,:::;~1
8;409,601 8,434,690 7,415,067 6,469,5n 4,318,201 4,318.201
- - - - - -
.fotiil"~!F'!~!W:~ i~~!:!t!:! . ;',\::~~i!90 't~~,~!l!i1:: t: :-,~?T7: 4,318.20t: ,,:.4,3!~~
ENDING FUND BAlANCE
Arterial Street (0) 66.032 36,885 - . (12,663) nla
utility Tax 837,186 1,095,578 228.111 887,577 1,893,180 nla
Solid Waste & Recycling 83,536 105,142 184,280 80,985 - 86,339 nla
HoleVMoteI Lodging Tax - 175,196 189,667 - 88,553 nla
Paths & Trails 5,531 5,629 68.087 14,991 - 12,579 nla
Debt Service Fund 1,547.857 2,828,227 4,607.680 2,815,372 - 4,338,340 nla .
Surface Water Management 214,656 355,735 (430,561) 738,251 - 331,n8 nla
Dumas Bay Centre Operations 2,120 (9,450) 1,828 344 - (44,428) nla
Knutzen Family Theatre (1) (9,954) 23,070 (3,839) - 9,586 nla
olal Endln Fund Balance $ 2,890,885 $ 4,610,137 $ 4,909,246 $ 4,533,881 $ - $ 8,703,285 nla
2
r:,... L/-
Real Estate Excise Tax
Compared to 2004, collections are up $1.45M or 63.5%. Sales Tax bv SIC Code
September's receipt of $516K is $237K above September
<..2004'S activity and includes a total of 335 real estate
, transactions, of which 98 were tax exempt and of
remaining 237, 7 were mobile home sales. The annex area
has contributed year to date revenue of $164,684. The
largest transactions in the current month consist of the sale $ 4,340,832 $ 4,396,717 55,885
of Capital One Office Building @ 32125 32nd Avenue 1,550,638 1,621,700 71,062
SW, Chateau On the Lake Apartment @ 30602 Pacific 706,120 954,111 247,991
Highway S, Vacant Residential Lots @ SW 341st Street, 421,988 37.1,294 (50,694)
Sports World Bowling Alley @ 27403 Pacific Highway S. 12,391 9.623 (2,768)
462,598 466,897 4,299
82,153 97,438 15,285
43,996 46,370 2,374
263,816 252,038 (11,778)
10,464 16,583 6,119
$ 7,894,996 $ 8,232,771 $337,775
122.026 170,866 46,840 Retail sales continue to remain the largest source-of s81es
147.294 275,617 126,323 tax revenue, accounting for 53% of all sales tax
199,576 384,046 164,472 collections. Year-to-date retail sales tax collection is up
243,531 784,135 540,604 $56K or 1.3% above year-to-date 2004.
:162,533 461,264 296,731
623,138 '425,029 198,109) Services industry accounts for 20% of the total sales tax
281,960 290,288 2,326
205,322 416,213 210,891 collections. .On year-to-date basis, services sales tax is up
278,155 515,578 237,423 $71 K or 4.6% compared to 2004.
201,424 - .
288,344 - - Construction and contracting activity, which accounts for
299,596 - -
$ 2,289,534 $ 3,743,038 $ 1,453,503 12% of sales tax collections, is up $248K Of 35,1% from
. Sales Tax . . 2004's activity. Sales tax received in September on major'
City projects total $81,278 and on a year-to-date basis,
Year-to-date revenue of $8.23M is above September 2004 total $152,374 or 16% of total construction and contracting
year-to-date revenue of $7.89M by $338K or 4.3%. The activity.
current month's Sales Tax of $IM is above the 2004
monthly' activity by $66K or 7%. As shown in the detail Sales Tax bvActivity
by SIC code table below, new construction alone increased
by $248K, which is the primary contributing factor of the
positive bottom line. In addition, the major projects that
contributed to this increase are mainly public projects. For
these reasons, the sales tax improvement is temporary in $7,8114,996
nature, different than the broad based economic $8,232,n1 l.
improvement which would be more sustainable. $1,131,945 $1 123,921
58.9% -0.7% fIfJ
14.3% 13.7% -0.7% -4.8%
573,684 752,521 178 851 31.2%
26.7% 31.2% na na
7.3% 9.1% 1.9% 25.8%
303,808 318553 14,945 4;'%
38.9% 4.9% na 116
852,298 862,219 9,921 3.8% 3.9% 0.0% 0.6%
1,117,608 1,155,867 38,259 434,653 428,637 6,016 .1.4%
779,946 794,197 14,251 61.0% -1.4% na na
5.5% 5.2% -0.3% -5.4%
707,617 752,487 44,870 353,881 345,994 ,8&7) .2.2%
875,451 935,065 59,614 48.6% -2.2% na nll
831,979 857,410 25,431 4.5% 4.2% -0.3% -6.2%
808,346 813,885 5,539
983,203 1,057,583 74,380 The City's largest retail center, South 348th. which
938,548 1,004,058 65,510 generates 14% of the City's sales tax, experienced a
862,312 - . - decrease of $8K or 0.7% compared to the year 2004_ The
'. 937,836 . - . Commons is showing an increase of $179K or 31 %
.. 841,153
- - - compared to year 2004 activity because a major retaileris
$ 7,894,996 $ 8,232,771 $ 337,775 4.3%
included in 2005. Year-to-date sales tax for this major
retailer increased $50K while in the new location versus
3
r::-S
the old location. Without this major retailer, the Commons
sales tax decreased year-to-date by $23K. Major Auto
Sale's collections total $319K and is $15K or 5% above
2004. S 312th to S316th is down $6Kor 1.4% from the .
prior year. Pavilion Center tax collections are down $7.9K 1,867,144 1,990,215
or 2.2%. 849,395 1,019,180
385,231 395,693
Gambling Tax 588,560 650,059
Gambling tax collection through September is $1.1SM... In 770,024 744,241
comparison to 2004 year-to-date collection, 2005's tax 1,096,814 1,266,382
2,862 1,760
collection is higher by $92K or 8.7%. The annex area has 107,060 104,144
contributed year to date revenue of $11,775. (5,068) (7,165)
$ 5,667,088 $ 6,171,653 $
Tax rebates are exc:luded from the total
HoteVMotel Lodging Tax
$115,177 $ 137,311 19.2% Hotel/Motel lodging tax collections through. September
113,514 115,768 2.0% total $112K. Compared to 2004, the lodging tax. is $lOK
112,880 130,206 15.3% or 9.8% above the same period in 2004. . .
131,267 136,467 4.0%
117,979 132,353 12.2%
120,847 122,257 1.2%
121,637 130,114 7.0%
110,541 131,891 19.3% 2005 "
114,957 114,478 "().4"10 ACtUal
109,466 . - . .Jan 9.377 $ 9,669 $ 292
127,293 Feb 11.529 11,717 >169
- . - Mar 7.340 9.153 1;,612
172,633 - - . Apr 11.775 11,390 .. 365 .
$1,058,799 1,150,845 92,047 8.7% Ma 9,613 14,067 4,53
.Jun 11,554 11,566 12
Jul 10,352 12.247 1,895
Utility Tax Au 14,065 . 14,632 '.(, 567 .
Utility taxes received through September total $6.17M and s 16.496 17.633 .1,137
.is above 2004 year to date collections by $SOSK or 9%. Oct 15,546 - - -
Nov 12,932 - - -
DEle 11,157 - - -
$ 102.102 $ 112.074 $ 9,972 9.8%
State Shared Revenue
Year-to-date distribution of $3.44M is above 2004's
Jan 687,590 761,014 10.7% activity by $127K or 3.8% Liquor profits, liquor excise
Feb 741,009 794,152 7.2% tax, local criminal justice sales tax and fuel tax are up but
Mar 705,007 731,064 3.7% is offset by a decline in criminal justice high crime.
Apr 709,531 770,397 8.6% Because of the City's decrease in crime rates we don't
May 617,502 745,699 20.8% qualify for criminal justice high crime funding this year.
.Jun 565,728 592,788 4.80/.
.Jul 554,115 609,227 9.9%
Aug 540.643 585,489 8.3
Sap 545,963 581,823 6.6%
Oct 584,695 - - -
Nov 595,016 . - .
Dee 710,926 - - -
ax Rebate (5,068) 7,165) (2,098) 41.40/. liquor Profits Tax $ 448,078' $ 468,724 $ 20,646 4.6%
YTD Total $ 5,667,088 $ 6.171.653 $ 504.565 8.9~ liquor Excise Tax 239,959 18,983 7.9%
Tax rebates are excluded from the tolalln 2004. 258,941
Crim Just low-PopIOCD 56,324 58,871 2.546 4.5%
Compared to year-to-date 2004, Electricity is up $123K or Grim Just Hgh Crime 84,919 - (84,919) -100.0%
7%, Gas is up $170K or 20%, Cable is up $61K or 10%, local Grim Just Sales Tax 1,205,052 1,321,627 116,575 9.7%
Phone is down $26K or 3%, and Cellular phone is up Fuel Tax. 1,272,330 1,324,880 52,550 4.1%
$170K or 16%. DUI - Cities 10,591 10,757 166 1.6%
Total $ 3,317,252 $ 3,443,800 $ 126,548 3.8%
. Fuel tax Is Included in both generaIIStleet and designated ope<ating Iunds. .
4
Ft..
Permit Activity
Year-to-date building permit activity exceeds 2004's year~ PS Overtime Bv Month'
to-date activity by $1.33M or 111 %. Significant permits Change
" ' include: Colella Estates and Quadrant. Right-of~way 2004 2005 $ %
Jan $ 49,612 $ 50,235 $ 423 1%
,.pe~ts ~e down in September by $4.7K and year-to-date Feb 39,014 54,666 15,675 40%
acuVlty IS Uilder by $8.2K or 3.1% when compared to Mar 37,625 48,571 10,946 29%
2004. Apf 40,501 '53,135 12,634 31%
May 45,787 38,533 (7,254) -16%
Jun 57.703 55,867 (1,836) ~%
Jul 41.136 44,155 3.019 7%
Aug 37,868 45,364 7.497 20%
Sap 37,979 61,691 23,712 62%
68,435 139.8% Oct 48,626 - - -
178.968 -10.2% Nay 31,808 - - -
125,942 64.3% Dee 43,641 - - -
147,827 185.0% YTD $ 367,424 $ 452,239 $ 64,815 17%
123.543 266.3% Annual Total $ 511,499 : ".... -. .. .. ................'. :~:~:~:~:~:~:j:~:
. . . . . - - - - '.. ....
. . . . . . - - -- -... ......
..."... --- .-.,..-...,..........
. . . . . . . - -.
151.233 118,6% ",..,.... . .......... .
. ......
107,626 100,7%
119.271 163.5% Court Revenue
173.398 47.6% Excluding probation revenue is down $120K or 19%
149,297 - . -
137,945 - - . compared to year-ta-date 2004. Including probation total
175,103 - . - court revenue is $79K or 8% below 2004.
1 198.241 2 522,305 1,326064 110;9%
22,628 1,985) $68,292
$n,412
37,998 10,377) $76,250
24.113 (365
23,831 (578) $76,542
25,687 10,997 Ma $71,748
48,627 (19,656 June $75,615
13,321 17,010 Ju $82, 183
. 27,886 1,464 August $74,182
44,339 (4,702 September $49,082
12,668 - - - October $68,267 . - -
25,558 - - - November $64,172 - - .
32 708 - - . December $52,749 - .
268 432 260,240 11,191 -3.1% Subtot.1I $651.306 -111.5%
Probalioo Selvlces ,295,631 14.1%
Public Safety Year-t<Hlate Total $948,937 -8.3%
Year-to-date expenditures exceeds 2004 's spending pattern
by $402K and includes increases in off-duty overtime
security, evidence building equipment, seizure and other
one-time funded programs, and Valley Com contract.
Year-to-date City overtime is 23% or $71K above the CMIPanal!ies' $6,662 $9,956 14,9%
TrafIIc & Non-Parking $382.279 345,326 -9,7%
same period last year. There is a 8% decrease in overtime Parll Infractlons $28,200 24,086 -14.6%
for con1racted services, traffic school and the homeland OUI & Other MIsd $106.977 67,440 ~7,0%
security programs. When the decrease from the billable Criminal Traffic Misd $34.293 33,606 -2.0%
overtime is included, the total overtime increase is reduced Criminal Costs. $52,202 27,409 -47.5%
to $64.8K or 17%. Shared Court Costs $38,694 , 22,523 -41.8%
Criminal Conv Fees $0 535 rJ
Subtotal 651,308 530,880 -18.5%
Type 2004 2005 $ % Probatlon Services 295,631 337,461 14.1%
Training $ 21,110 $ 11,719 $ (9,331) -44% Total $ 946,937 $ 888,341 $ -8.3%
Court 30,519 23,373 (7,146) -23% . Criminal costs include screener fees.
Field Operation 214,029 288,674 74,645 35%
SOAP - . - 0%
Other 40,753 53,567 12,614 31% Traffic and non-parking fmes total $345K and is $37K or
City Portion 306,411 377,392 70,982 23% 10% below year-ta-date 2004_ Parking infractions total
Contract or Grant 32,448 35,061 2.613 8% $24K and is $4K or 15% below year-to-date 2004. DUI
, Traffic School 48,565 38,959 (9,607) -20% and other misdemeanors total $67K and is $40K or 37%
. Homeland Security - 828 828 0% below year-to-date 2004. Criminal costs total $27K and is
Billable 61,013 74,847 (6,166) -8%
Grand Total $ 387,424 $ 452.239 $ 64,815 17% $25K or 48% below year-to...date 2004.
5
'p:-- '1
recovery ratio is reduced to 62.4% or 11.1% above the
Parks & Recreation annual budgeted recovery ratio of51.3%.
Overall parks operations expenditures through September
total $2.78M, which is $26Kor .9%below the year-to-date Dumas Bav Centre .
budget of $2.8M. Dwnas Bay Centre and Knutzen Family Dumas Bay Centre operating revenue of $320K. is down by
Theatre revenues and expenditures are both below budget. $79K or 20% compared to theyear-to-date budget of
$399K. Operating expenditures through September total
$355K, which is $32Kor 8% below the year-to-date
budget of$387K. Dumas Bay Centre has recovered 90.2%
Recreation and Cultural Services of its operating expenses.
Direct program expenditures total $922K or 72.3% of the
total arinual budget of $1.28M not including indirect costs. Knutzen Pami/v Theatre
Including indirect administration costs, recreation Operating revenue of $43K is down $21K or 32%
expenditures total $1.17M and are 72.4% of the total compared to the year-to-date budget of $64K. Operating
annual budget of$1.61M. Recreation fees total $729K and expenditures through September total $1251(, which is
are 88.2% of the total annual budget of $ 827K. Recreation $20K or 13.8% below the year-to-date budget of $145K.
fees have recovered 79% of' direct program costs and is Knutzeu Theatre has recovered 34.6% of its operating
14.2% above the annual budgeted recovery ratio of expenses. ..
64.8%. Considering indirect administration costs, the
$teellake Aquatics 2,000 2,146 107.3% 20,395 19,203 94.2% 9.8%
Arts & Special Evenl$ 93,600 77,193 82.5% 112,726 107,196 95.1% 83.0%
YOuth Athletics 60,558 43,576 72.0% 88,411 36,928 41.8% 68.5% .
Adult Athletics 204,970 207,093 101.0% 128,035 109,347 85.4% 160.1%
ComniiJnity Recreation 170,300 104,261 61.2% 175,024 142,504 81.4% 97.3% .
Community Center 28,500 23,618 82.9% 62,955 72,745 115,5% 45.3%
Recreation Inc 18,512 39,625 214.1% - 58,775 25,854 44,0% 31.5%
Youth Commission 500 861 172:2% 1,800 . 1,858 103.2% 27.8%
Red; White & Blue" . 25,700 49,351 192.0% 41,200 SO,622 122.9% 62.4% .
Senior Services 16,195 23,172 143.1% 68,111 58,095 85.3% 23,8%
Kenneth Jones Pool 206,000 158.028 76.7% 518,456 297,789 57.4% 39.7%
Subtotal $ 826,835 $ 728,923 88.2% $ 1,275,888 $ 922,141 72.3% 64.8%
Administration - . 0.0% 336,223 245,722 73.1% nla
I TOTAL RECREATION 1$ 826,8351 $ 728,923 I 88.2%1 $ '. 1,612,111\ $ 1,167,8631 72.4%1 51.3%1
DUMAS BAY CENTRE
Dumas Bay Centre 523.715 320,387 61,2% 527,575 355,084 67.3% 99,3% 90.2'%
Knutzen Family Theatre. I 93,515 43,368 46.4% 196,090 . 125,386 63.9% 47.7% 34.6%
TOTAL DUMAS BAY CENTRE $ 617,290 $ 363,756 58.9% $ 723,665 $ 480,469 86.4% 85.3% 75.1%
Arts Commission - - nla 110.209 25,057 22.7% nla n/cI
GRAND TOTAL . $ 1,444,125 $ 1,092,679 75.7% $ 2,445,986 $ 1,673,390 68.4% 59.0% 65.3%
.
6
'F-l!
CASH & INVESTMENTS
The following table shows the in-house investment activity schedule and their related yields and comparison to benchmark. Per
. . . policy,the basis used by the City to determine whether market yields are being achieved is the range between the average 6
:.month US Treasury Bi1l(3.77%) and the State Investment Pool (3.58%). The current in-house investment yield is 3.54%
. .. .... which is close to the state investment pool but, below the 6 month T -bill rate. .
- FNMA 3136F3V3 07/21/03 $ 800,000 $ 797,500 07/21/06 2.38%
- FHLB 31339YlX3 08114/03 $1,000,000 $ 1,000,000 06/14/06 2.52%
- FFCB 31331QN76 06109/03 $ 1,000 000 $ 999,500 03/09/07 2A6%
- FNMA 3136F3VQ6 05127/03 $ 1,000,000 $ 1,000,750 05/25/07 2A8%
- FNMA 3136F3UT1 05130/03 $ 1,000 000 $ 997,529 12/03107 2.59%
- FHLMC3128X1VW4 08122/03 $ 900 000 $ 887 400 01/30/07 3.18%
- FHLB 3133XBT54 05125/05 $ 1 ;000 000 $ 1 000,000 OS/25/07 4.07%
A en - FHLB 3133XBT54 05125/05 $ 1,000,000 $ 1,000,000 05125/07 4.07%
Subtotal In-House Investments $ 7.682,679
352
.3.03%
.3.77% .
1 da 3.64% .
1 da 3.58%
.
The total invested halanceat the end of September is $65.4M, which includes $41.9M in the state investment pool, $7.:7Min-
house investment purchases, and $15.8Min the MunicipalInvestor Accounts. The state pool is composed of repurchase
agreements (59.66%), treasury securities (.92%), agency coupons and callables(4.46%), agency floating rate notes (13.94%),
discount notes (5.74%) and certificates of deposit (15.29%). The City's total investment portfolio is made up of 64% State
Pool, 12% In-House Investments, and 24% Municipal Investors Accounts.
Total Portfolio by Category Interest Rates Comparison
September 30 , 2005 For.the Month of September 2005
M.tnlcipal 4.0%
hvenstors . 6 Mmth T-aiI
Account 3.5%
24% 3,0% . State hvestment
2.5% R>ol
2.0% l!1 h-house
1.5% nvestment
h-House
nvest 1.0% . Mmlcipal hvestor
(Agencies) 0.5% Account
State
12% hvestrrent 0.0% . RJrtfolio Average
FOOl 2003 2004 2005
64%
.
7
F--1
MEETING DATE: November 1,2005 ITEM# Vf
-
~~.~-~~-~~_.....y,.."."-~~~~y....~..~~ M_"'.n."....'"'~___~,~""",.,'~_ --.
. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Sprint Spectrum Panther Lake Site Lease Extension
--- ......_._n ._....__.~~ .................._~. ~_.nn_nn"'" ._..~..~-_....._..._..._._.-
CATEGORY: BUDGET IMPACT:
x CONSENT o ORDINANCE Amount Budgeted: $
0 RESOLUTION D PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $
....nn..nn~---"-----._~.._.....___..M.._..._~_~__............._.."'""~_~~, -_..._.-._.,..~"~_.~.~~,,~ .-.
A TT ACHMENTS: Staff memorandum to FEDRAC at their October 11, 2005 regular meeting.
..---. ____.._M........_.____,~. _'~'_"M_"
SUMMARYIBACKGROUND:
The City initially entered into the site lease agreement ("Lease") with Sprint PCS for the Panther Lake cell
tower site effective January 2, 2001. The Lease is for five years and may be renewed for three consecutive five-
year terms. The initial monthly rent is $1,500.00 per month, and will be adjusted 4% each year thereafter.
Applying the escalator, the initial rent effective January 2,2006 would be $1,825.00 per month. The Lease
provides for additional rent adjustments at subsequent renewal terms only if the rent rate is more than 20%
<<ow market and that the City and Sprint PCS were to conduct an MAl appraisal to determine the market rent.
er some discussion with Sprint PCS, they have agreed to increase the monthly rent to $2,000.00 per month.
effective January 2, 2006, without appeal process, with the remaining terms and conditions unchanged.
_..___~~.............~~~~.~.y~.U......~M._.__.._ ~'_'Mn......."""W~ ~_y.yy._U_.M_............"~_,, --~~~~y_."~y_.~_"._...
CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC recommends that full Council approve the
proposed extension of Sprint Spectrum Panther Lake Site Lease.
-... .M~..Y_"...."__"n"... ' . .... ~..~_............. M_M_.."~...~_n_~__
PROPOSED MOTION: I move to approve the proposed extension of Sprint Spectrum Panther Lake Site Lease.
"......._,.,~y'........M'.."..."..~ 7~ ._...n...._M..n._~r _'_MM"_M"M~"
. CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1ST d.
rea 109
0 TABLEDIDEFERREDINO ACTION Enactment reading
0 MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION # -
REVISED - 05/10/2001
.
\
CITY OF FEDERAL WAY
. MEMORANDUM
Date: October 6, 2005
To: Finance, Economic Development and Regional Affairs Committee
Via: DavidH. MO~ Manager
From: Iwen Wang, Management Services Director ~
Subject: Sprint Spectrum Panther Lake Site Lease Extension
Policy Question
Should the City extend the lease agreement for five years based on updated lease rate starting at
$2,000.00 per month?
Background
The City initially entered into the site lease agreement ("Lease") with Sprint PCS for the Panther
Lake cell tower site effective January 2,2001. The Lease is for five years and may be renewed
for three consecutive five-year terms. The initial monthly rent is $1,500.00 per month, and will
be adjusted 4% each year thereafter. Applying the escalator, the initial rent effective January 2,
2006 would be $1,825.00 per month. The Lease provides for additional rent adjustments at
subsequent renewal terms only if the rent rate is more than 20% below market and that the City
and Sprint PCS were to conduct an MAl appraisal to determine the market rent.
. After some discussion with Sprint PCS, they have agreed to increase the monthly rent to
$2,000.00 per month effective January 2,2006, without appealprocess, with the remaining terms ,.
and conditions unchanged.
As aside note, the City recently received a proposal from Cingular Wireless to amend an existing
site lease to lower the rent as they have duplicate sites in the city from the merger with AT&T
Wireless. They stated either the City modify the lease terms (lower rental and limit future rent
increases t04% for each five-year term), or they will most likely terminate one of their leases at
the end of current term. Staff declined the proposal as it could affect the market rate,_ and thus
have compounded impact on other site leases as welL It is important to keep in mind, however,
that as the industry continues to consolidate, we may need to consider lower future rents and/or
see reduced site leases.
Staff Recommendation
Council approves the proposed site lease extension and forwards the First Amendment to Lease
Agreement for full Council approvaL
Committee Recommendation
Forward Lease Extension to full City Council.for approval on November 1,2005 Council
meeting.
. J \('f\ f ~(' r-eJ \
.. (l\bSev\+)
Committee Member
r-l
FIRST AMENDMENT
. TO
LEASE AGREEMENT
FOR
SPRINT SPECTRUM LP
(AG # 01-05)
This FirstAmendment ("Amendment") is dated effective this 26th day of December, 2005,
and is entered into by and between the City of Federal Way, a Washington municipal corporation
("City"), and Sprint Spectrum LP, Delaware limited partnership ("Tenant").
A. The City and Tenant entered into a Lease Agreement dated January 2, 2001, whereby
the City agreed to lease toTenant a portion of the property, located at 34519 14th Way SW ("Lease").
B. Section 27.b. of the Lease provided that any modification of or amendment to the I .':'" .
Lease must be in writing and executed by both parties.
C. The City and the Tenant desire to amend the Lease to renew the term for an additional
5 years and to increase the monthly rental rate.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
. other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
the parties agree to the following terms and conditions: ~<
1. Term.
Pursuant to Section 2 of the Lease Agreement, the Lease shall be renewed for an additional
five (5) year term commencing on December 26, 2005, and expiring December 25,2010, lIDless
renewed pursuant to the terms of the Lease Agreement.
2., Rent.
Section:3 shall be amended to increase the rental rate paid by the Tenant to the City during
thenewterm. During the five year renewal term, Tenant shall pay to City rental fees in the amount
of Two Thousand and No/lOO Dollars ($2,000.00) per month, subject to the annual percentage
increase set forth in the Lease Agreement.
3. Full Force and Effect.
All other tenus and conditions of the' Agreement not modified by this Amendment shall
remain in full force and effect.
. DA TED the effective date set forth above.
r.- 2
CITY OF FEDERAL WAY
. '-
By:
David H. Moseley, City Manager
PO Box9718
Federal Way, W A 98063-9718
ATTEST: APPROVED AS TO FORM:
, City Clerk Patricia A. Richardson, City Attorney
TENANT:
SPRINT SPECTRUM LP
By:
STATE OF )
. ) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of , 200_.
(typed/printed name of notary)
Notary Public 1ll and for the State of
My commission expires
.
y=-- 3
--..---.
ORIGINAL .3e.3".Y&c/tJ-,9 ;?dA.Mt~.La./r~/
C!,d./n'pu..s 1J~'pe.
~'=\. ~\ -s
.
SITE LEASE AGREEMENT
'1 nns LEASE is entered i~to thisL dayoi:/anUattf,200'? by and between the CITY
OF FEDERAL WAY, WASHINGTON, a municipal corporation (hereinafter "City") and SPRINT
SPECTRUM L:P., a Delaware limited partnership, with its prinCipal office located at 4683 Chabot
Drive, Suite t OO,Pleasanton, California 94588 (hereinafter "Tenant").
City is the owner in fee simple of public open space located in the City legally described on
the attached Exhibit A ("City Property "). Tenant desires to lease space on and air-space above the
City Property, as described below, for the installation and operation of certain equipment which
include antennas, connecting cables and seven (7) equipment cabinets to be used by Tenant and
appurtenances (collectively, "Equipment") for use in connection with its operation of telephony
wireless communications service more specifically identified as personal communications service
("peS").
In considerationoftheir 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 City Property as depicted in the attached Exhibit E, together with
. necessary space and rights for access and utilities ("'the Premises"). Tenant may locate its
Equipment on the Premises in the manner as described specifically in the attached Exhibit C.
Tenant may not add Equipment in addition to that shown on Exhibit C other than as may be
approved in writing by the City. The City's approval of additional antenna will not be
unreasonably withheld; the City's approval of additional cables, equipment cabinets and/or
appurtenances 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 date of
execution by the City (the "CommenCement Date") and shall end at 12:00 a.m. (midnight) on the
fifth (5th) anniversary of the Commencement Date. This Lease may be renewed for three (3)
additional five (5) year terms upon giving written notice to the City no more than six (6) months
before and no later than three (3) months before the end of the cmrent five (5) year term. The City
may refuse to renew (i) in the event of an uncured.breach of the Lease during the preceding tenn, or
(ii) i( the fair market rental, as determined by an independent appraiser jointly selected and paid for
by the City and Tenant, is 200.IcJ more than whatwould otherwise be due by the Tenant hereunder;
provided that the City gives 60 days notice to Tenant and MAl real estate appraisal methods are
followed and that Tenant shall have the opportunity to pay such higher rental figure. Any such
refusal by the City 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
. a. During the first five '(5) year term Tenant shall pay to the City rental fees in
the amount of $1500.00 per month, subject to the annual percentage increase set forth below, which
monthly rental figure is due on the 5th day of each month (in addition to the deposit of $1500.00
from Tenant to City to ensure performance but not as a limitation of Tenant's liability herein). The
-1-
l=" ___ Lt.
\
deposit shall be held by the City without liability for interest. Tenant specifically waives any right .
to bring an action that the rent obligation herein is contrary to the provisions of any local, state or
federal law , provided that if the rent obligation is determined to be contrary to local, state or fedeJal
law through legal actions brought by others then Tenant shall have the right as Tenant's sqle
remedy to immediately terminate this Lease without penalty or other liability at its sole discretion.
If this Lease . is terminated at any time other than on the last day of the month, rent shall be prorated
as of the date of termination and, in the event of termination for any reason other than nonpayment
of rent, all prepaid rents shall be refunded to Tenant, less any expenses or damage incurred by the
City as a result of the termination. 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 bear interest until paid atthe lesser of the rate of one percent (1 %) per month or the
highest rate permitted by law.
b. The monthly rental figure shall be increased by four percent (4%) per year
throughout the term of this Lease and renewal terms (if any).
4. Reimbursement Within thirty (30) days of the Commencement Date, and
following receipt of an invoice from the City, Tenant shall reimburse the City for all of the City's
costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees
and the time expended by the City staff and City Attorney's office. The amount to be reimbursed
shall not exceed Fifteen Thousand Dollars ($15,000.00).
5. 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 PCS wireless communications
and no other service. The Equipment and Premises may not be used for cable television or open
video system services.
b. Tenant shall, .at its expense, comply with all applicable federal, state and
local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning,
aesthetics, landscaping, fencing, permits, removal and abandomnent, screening, health, radio
- frequency emissions, other radiation and safety) in connection with the provision of PCS wireless
communications. service and the use, operation, maintenance, construction and/or installation of
Equipment and/or the Premises; provided, however, that Tenant shall not be required to comply
where its rights have previously vested by operation of law. 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 reimbursemeIts of
City's reasonable attorneys, administrative and other related fees. any licenses and permits required
by Tenant's use of the Premises.
c. Tenant shall remove the Equipment from the Premises upon termination of
the Lease. Upon removal of the Equipment, Tenant shall restore the affected area of the Premises
to the reasonable satisfaction of the City to its condition prior to installation of the Equipment.
normal weat and tear excepted. 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 aU or a portion of the improvements and City consents to such nonremoval. title to the
-2-
F-5
. 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.
6. Improvements. Tenant may update or replace the equipment from time to time
'" provided that~e replacement facilities are not greater in number Or size or different intype, color
, or shape or height than the existing facilities and that any change in their location on the Premises is
approved in writing by City which approval shall not be unreasonably withheld and which shall be
'pursuant to lawful authority. Subject to the foregoing, Tenant may change the Equipment
configuration specified in attached Exhibit C or add facilities with the prior written approval of
City. Tenant shall submit to City a written request for any such change or addition and any
supplemental materials as may be requested, for City's evaluation and approval. City shall have
thirty (30) 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. No lights or
, signs maybe installed on the Premises or as part of the Equipment, unless required by
governmental action or regulation and approved by applicable City process(es); provided, however,
that subject to approval through applicable City land use or building pennilapproval processes,
, Tenant may install one service light, no higher than eight (8) feet above the ground. The service
light (if any) may be used only to provide light during maintenance of the equipment cabinets, and
shall remain off at all other times.
7. Premises Access. Tenant shall have reasonable access to the leased portion of the
. Premises (described in ExhibitB) 24-hours.-a-day, 7 days,-a-week. City retains and reserves the
right to access the leased portion of the Premises (described in Exhibit B) at all times; provided that
in non-emergency situations~ Tenant shall be given at least 24 hours prior notice and an opportunity.
for Tenant's representative to accompany the City.
8. Utilities. Tenant shall have the right to install needed utilities and, 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.
9. Maintenance. Tenant shall~ at its own expense, maintain the Premises and
Equipment on or attached to the Premises in a safe condition and in good repair~ Additionally,
Tenant shall keep the Premises :free of debris caused by Tenant 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 caused by Tenant. 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.
10. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all
( certificates, pennits~ zoning and other approvals that may be required by any federal, state or local
authority or from any other necessary person or entity. Tenant shall erect, maintain and operate its
Equipment in accordance with applicable site standards, statutes, ordinances~ rules and regulations
issued by the Federal Communications Commission.. the City, federal or state govenunent or any
. other governing bodies; provided, however, that Tenant shall not'be required to comply'where its
rights have previously vested by operation of law. Tenant acknowledges that all aspects of this
Lease are consistent with the TelecommunicationsAct of 1996, existing Washington State statutes
and Engrossed Substitute Senate Bill 6676 (as such Bill was passed by the Senate and House of
-3-
t::...b
Representatives of the State of Washington) and. the City Code, and to the best of its knowledge, .
this Lease is consistent with all other applicable federal, state and local laws. However, if the Lease
is detennined to be contrary to local, state or federal law through legal actions brought by others
then Tenant shall have the right; as Tenant's soJeremedy,to immediately terminate this L~e
without penalty or other liability at its sole discretion). In addition, Tenant specifically
acknowledges that all or a portion of the Premises is dedicated public open space subject to City's
regulatory and proprietary authority. Nothing herein shall be deemed to limit. impair or affect
City's authority to franchise or otherwise permit usage of this open space pursuant to its regulatory
or proprietary authority.
11. Interference. Tenant shall not use the Premises in any way which unreasonably
interferes with the use of the Premises by City; or lessees. tenants or licensees of City, with rights to
the Premises prior in time to Tenant's. Further, Tenant shall operate the Equipment in compliance
with the requirements of Federal Way City Code ("FWCC") ~22-966(iX2), and in a manner that
will not cause interference to the City, including City, police or Valley Communications, and other
lessees, tenants or licensees with rights to the Premises prior in time to Tenant's. City shall have
the right to permit co-location of other telecommunications facilities on the Premises, pursuant to
the Federal Way City Code Section 22-966(h).
In the event that any other tenant's activities interfere with Tenant's use of the . .
Facilities, and Tenant cannot work this interference out with the other tenants, Tenant may, upon 30
days notice to City. terminate this Lease and restore the leased premises to its original condition, .
normal wear and tear excepted. In such event, Tenant shall be entitled to a pro rata refund of all
pre-paid rent. Tenant shall cooperate with all other users to identify the causes of and work towards.
the resolution of any electronic interference problem. In addition. Tenant agrees to eliminate any
radio or television interference caused to City facilities, including without limitation City, police or
Valley Communications equipment. or surrounding residences by Tenant's facilities at Tenant's
own expense and without imposition of extra filters on City equipment.. Tenant further agrees to
accept such interference as may be received from City operated equipment; provided that the City
will make a good faith effort to mitigate or eliminate the interference that its equipment causes, but
not to. the degree that mitigation. will materially compromise the functionality of the City's
equipment.
12. Termination Except..as otherwise provided herein. this Lease may be terminated
without penalty to City ()rfurther liability of City as follows:
a. Upon thirty (30) days written notice by either party for failure to cure a
default or breach, including nonpayment 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; or
b. 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.
..4-
f-7
. c. Upon thirty (30) days written notice by City if Tenant abandons or vacates
or ceases using the Premises or Equipment or if Tenant is adjudicated as bankrupt or makes any
general assignment for the benefit of its creditors or if Tenant becomes insolvent.
d. Upon thirty (30) days written notice by City for reasons involvingpubJic
health, safety or welfare. In addition, if the public's health, safety or welfare is endangered by the
operations of Tenant's Equipment and Tenant fails to discontinue its operations as soon as is
,reasonably possible after receipt of notice thereof, and thereafter Tenant is unable to cure the
conditions causing the endangerment within thirty (30) days after receipt of such notice, City may
immediately terminate this Lease.
e. Immediately, upon written notice by City, in the .event of an emergency , as
determined by the City in its reasonable discretion.
In the event oftermination, Tenant shall pay City all monies due, incJudingattomey
and collection fees and any other damages incurred by City as a result of such termination but
limited. solely to the Lease termination and excluding unrelated consequential. or incidental
damages, e.g. an unrelated emergency.
No re-entry and taking of possession of the Premises by City shall be construed as
an ejection 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 givento Tenant by City.
\
13. Indemnity and Insurance.
a. Disclaimer of Liability. Except to the extent caused by the sole negligence
or willful misconduct of the City,. its employees. agents or contractors, City shall not, at any time,
be liable for injury or damage. occurring to any person or property arising out of Tenant's
construction, installation, maintenance, repair, use, operation, condition or dismantling of the
Premises or Tenant's Equipment; provided, further, that neither City nor Tenant shall be liable for
'.claims arising from the other's sole negligence. breach of contract of intentional acts or omissions
of their officers. boards, commissions, employees, agents, attorneys and contractors.
Tenant releases and waives any and all claims against the City, its officers, agents,
employees or contractors for.damage to or destruction of Tenant's Equipment caused by or arising
out of activities conducted by the City, its officers, agents, employees and contractors, in the public.
ways and upon City-owned property subject to this Lease, except to the extent any such damage or
destruction is caused by or arises from the sole negligence. breach of this Lease or any willful or
malicious action on the part of the City, its officers. agents, employees or contractors. Tenant
further agrees to indemnify, hold hannless and defend the City. its officers, agents, employees or
contractors against any claims for damages, including, but not limited to, business interruption
damages .and lost profits, brought by or under users of Tenant's facilities as the result of any
interruption of service due to damage or destruction of Tenant's facilities caused by or arising out of
. activities conducted by the City, its officers. agents. employees or contractors, except to- the extent
any such damage or destruction is caused by or arises from the sole negligence, breach of this Lease
or any willful or malicious action on the part of the City. its officers, agents, employees or
contractors. Tenant further agrees to indemnify, hold harmless and defend the City, its. officers,
-5-
t:-~
agents, employees or contractors against any claim that location of the Equipment on the Premises .
is not permitted by the Conditions, Covenants and Restrictions ("CCRs") of the Park Lane Estates
Division 2 Homeowners Associatim, as now existing or as may be amended.
The provisigns of this Section shall survive the expiration, revocation, or
termination of this Lease.
b. Indemnificationand Hold Harmless. Tenant and City shall, at their sole cost
and expense, indemnify and hold. hannless. one another and their officers, boards, commissions.
employees, agents, attorneys, successors. assigns 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 beas&erted by reason of any act or
omission of each, its employees, agents or contractors or which may be in any way connected with
its intentional acts, omissions or breaches of contract.
The provisions of this Section shall survive the expiration. revocation, or
termination of this Lease.
c. Insurance. During the term of this Lease, Tenant shall maintain in full force
and effect and at its sole cost and expense, and naming City, its officem, boards, commissions.
employees and agents as additional insureds, the following types and limits of insurance:
i. Comprehensive commercial general liability insurance with .
minimwn limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars --
($5.000,000) in the armual aggregate.
ii. Comprehensive automobile liability insurance with combined single
minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars
($5,000,000) in the annualaggregate. .
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
i required by this Lease, along with written evidence of payment of required premiwm, shall be filed
and maintained with City prio~ 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 intention not to renew such policy or to cancel,
replace or reduce coverage regarding the Premises, such notice to be
given by registered mail. " .
f. Deductibles. All insurancepoJicies may be written with commercially
reasonable deductibles.
-6-
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. License. All insurance pOlicies shall be with insurers licensed to do business
g.
inthe State of Washington and with a rating according to Am Best of A-IV or better, unless waived
by the City.
14. Holdim~ 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
. ()nthe terms, covenants and conditions herein specified.
IS. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of
the CQmmencement Date.. City makes no representation or warranty with respect to the condition
. of the Premises.
16. Notices. All notices, requests, demands and other communications hereunder shall
- be in writing and shall be deemed given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses:
If to City ,to: City Attorney
33530 -1st Way So.
P. O. Box 9718
Federal Way, WA 98063-9718
. With a copy to: City Manager
33530 - 1st Way So.
P. O. Box 9718
Federal Way, WA 98063~9718
If to Tenant, to: Sprint Spectnun L.P.
4683 Chabot Drive, Suite 100
Pleasanton, CA 94588
17. Subleasin~ or Assignment Tenant may Dot 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. City may inquire into the qualifications and fmancial stability of a potential
assignee or sublessee and reasonably request any jnformation related to such inquiry and may also
condition such approval upon the financial condition 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 assignor'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.
18. Successors and Assigns. Subject to Section. 17. this Lease shall be binding upon
and inure to the benefit of the parties, and their respective permitted successors and assigns.
. 19. 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 enforce such. rights at any time and take such
-7-
(:'"...10
action as might be lawful or authorized, either in law or equity;-provided that the City may not seek .
enforcement for performance more than six (6) months after the City receives notice of a failure to
perform. 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 within 10 days
after receipt.
20. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes),
leasehold taxes, if applicable,.. and assessments for the Premises, if any, which become due and
payable during the tenn of this Lease attributable to the Equipment or Tenant's use of the Premises.
21. Lease Subject to Future Ordinances. Tenant acknowledges that the City may
develop rules, regulations, ordinances and specifications for the use of public open space and other
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; provided, however. that T enantshall not be bound where its rights have previously vested
by operation oflaw.
22. Title and Authority. Tenant acknowledges that its rights are further subject to a
Bonneville Power Authority ("BPA") transmission line easement recorded under King County
Recording Number 5026259. In the event such easement expires or terminates. so will Tenant's
rights under this Lease without any liability on the part of the City. City represents to Tenant
subject to BP A's easements that: .
a. City has authority to execute this Lease;
b. City. has title to the Premises free and clear of any liens or mortgages, except
for the BP A transmission easement, and those, matters, liens and/or mortgages which are of record,
disclosed and/or otherwise apparent to Tenant;
c. There is legal ingress and egress to the Premises; and
d. Execution and performance of this Lease will not violate any laws or
agreements binding on City.
23. Condemnation In the event the Premises are taken in whole orin 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 and the City
shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to
any . portion thereof. Tenant shall have the right to. claim and recover from the condemning
authority, other than the City. such compensation as may be separately awarded or recoverable by
Tenant.
24. Alteration, Damage or Destruction If the Premises or any portion thereof is altered,
de. .stroyed 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, as Tenant's sole remedy; In such event, Tenant shall promptly remove the Equipment from
the Premises and shall restore the Premises to the same condition as existed prior. to this Lease,
:' : , -8-
e-II
.
. normal wear and tear excepted. 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 shaH have no obligation to repair any damage to any portion of the
Premises.
25. DanRerous . Conditions: Authority for City to Abate. Whenever construction,
installation. or excavation of telecommunications facilities authorized by this Lease has caused or
contributed to a condition that appears to substantially impair the lateral support of the adjoining
public way, street or public place, or endangers the public, street utilities. or City-owned property,
the Public Works Director may direct Tenant, at Tenant's own expense, to take reasonable action to
protect the public. adjacent public places, City-owned property. streets. utilities, and public ways.
Such action may include compliance within a prescribed time.
In the event that Tenant fails or refuses to promptly take the actions directed by the
City, or fails to fully comply with such directions, or if emergency conditions exist which require
immediate action, the City may enter upon the Premises and take such actions as are reasonably
necessary to prot~t the public, the adjacent streets. public ways. and utilities, to maintain the lateral
support thereof. or actions regarded as necessary safety precautions; and Tenant shall be liable to
the City for the costs thereof. The provisions of this Section shall survive the expiration.
revocation, or termination by other means of this Lease.
. 26. Relocation of Facilities. Within thirty (30) days following written notice from the.
City, Tenant shall. at its own expense, temporarily remove. relocate, change or alter the position of..
the Equipment (except (or antennas) upon the Premises, or remove equipment not being used,
whenever the City determines that such removal, relocation, change or alteration is reasonably
necessary, for construction, repair, maintenance or installation of any City or other improvement in
or upon the subject property. for the operations of the City or other governmental entity in or upon
the Premises, for co-location of other telecommunications facilities or equipment pursuant to
Section II above, or for other legitimate public or governmental purpose. In the event that a
suitable alternative location for Tenant's Equipment cannot be located upon the Premises, Tenant
shall have the right to terminate this Lease.upon 30 days written notice to the City, and shall be
entitled to a pro rata refund of all pre-paid rent. The provisions of this Section shall survive the
expiration, revocation, or termination by other means of this Lease.
27. 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 the applicable 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. 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.
-9-
,:.- _ 1'2.-
c. This Lease shall be construed in accordance with the laws of the State of .
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 obtairied by Tenant from any person or
entity.
g. If any provision of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining provisions of this Lease, which shall continue in full force and effect.
This Lease was executed as of the date first set forth above.
SPRINT SPECTRUM L.P.. by .
.
Ib Mmlft!;inE, O....uc.lal P," bJ@r
By: 1kIJ/1/ ~
Title: Sprint spectrum L.P.
Ceorge GhantouS
Site Development Director
APPROVED AS TO FORM:
'ftd: ~_;k,. tJ_.1hv
Bob C. Sterbank, City Attorney
.
-I ()..
F~J3
. STATE OF COvt\hr V\lit ) 1:
. COUNTY OF _(A\(Amu\~ ) ss.
)
rso~lly appeared before me, the undersigned, a Notary Public in and for
c.\. , duly commissioned and sworn,
\A to me known to be t>\ r'"!vtb", }S;-k; DfWe-l()pwtenf- .
of the aging General Partner of Sprint Spectrum L.P '.' the Delaware limifed partnership that
executed the foregoing instrument. and acknowledged the said instrument to be the free and
voluntary act and deed of said partnership. for the uses and pwposes therein mentioned, and ,on
oath stated thathelshe was authorized to execute said instrument on behalf of said partnership.
GIVEN my hand and official seal this ,:t< day of ,
~2-0DI . · t1
(/'AAJ. 'n. -
~@ '~~H~~~R~~ -., (signature of notary)
,-Sot ~ .'\11 . {\ tth1 tl- r~/1o
- . COMM. .1255807
:a ~ PUblic-California m
1 . . JOAQUIN COUNTy :: (typed/printed name of no~
. ' . y :. . . ~ :0:,:,' .~: ~~ ~ ~E Notary Public in and for the ~tate of ~~ y tll;u .
My commission expires: 3 -- ~ - 0
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personaliy appeared before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn. David H. Moseley, to me known to be
the City Manager of the City of Federal Way. the Washington municipal corporation that
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and \deed of said corporation. for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute said instrument. .
GIVEN my hand and official seal this J.b'+\. day of ba.e1f.1 ber2000.
EILE:::N ROBINSON ~~~
STATE OF WASHINGTON
NOT ARY ._e_. PUBLIC (notary signature)
l3 J-Ieev. KD hI'",&!:> VI
",y COl.t!.lISSION EXPIRES l-29-C2
.
(typed/printed name of notary)
. Notary Public in and for the State of Washington.
My commission expires: l-eL9-O~
K:\telecO!Jl\sprintsitelse2.doc
-ll~
; .~"'" L.J..
.
~ EXHIBIT A .
Legal Description
-
:The Premises are legally described as follows:
That portion of the SW ~ of Section 19, Township 21 North, Range 4 East, W.M., more
specifically known as Tract E of Parklane Estates - Division 2. as recorded at Vol. 156, page II of
the King County Volume of Plats, King County, Washington.
.
.
't A-I
t=- ,c:;
.------
-
. EXHIBIT B
Site Location Within the Premises
.
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. EXHIBITC
Site Plan
(lncludingLocation of EQuipment Boxes) -
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~ aevATIONS AN:> ~C
.
.
.
--
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,
~l "1 \. ORIGINAL
rt.,",'- .\1 "
.
Recorded At The Request Of: COfORftED CCVf
And After Recording Return To:
Miller Nash LLPlBusch
601 Union Street, #4400 20010118001076
Seattle. W A 9810 I
FEDERAL YAY CI LE 12. ,e
PAGa '!h OF -
01/111 1 1'4:38
KING COUNTY, 1M
Site #SE36XCOIC}.A Panther Lake/Campus Drive
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is entered into on this Zftlday of .. ~^rI~ ....... .. 20Q1, by
and between the CITY OF FEDERAL WAY. a Washington municipal corporation, with an o Ice at 33530 - 1-
Way South, Federal Way. WA98003 (hereinafter referred to as "City"). and SPRINT SPECTRUM L.P.. a
Delaware limited partnership. with its principal office .Iocated at 4633 Chabot. Drive, Suite 100, .Pleuanton, .CA
94588, (hereinafter referred to as "Tenant").
1_ City and Tenant entered into a Lease (the "Lease") on Jd H u.:zr.j .
a . 200', for the purpose of installing, operating and maintaining a communications facility
in connection with Tenant's wireless telephone communications service and other improvements.
. 2. The term of the Lease is for five (5) years commencing on J)eCt?hJ~r';)b . 2000,
,Commencement Date") and terminating on the fifth anniversary of the COmmencemcntDate -.
with three (3) successive five (5) year options to renew (subject to the provisions of the Lease}.
3. The land that is the subject of the Lease is described in Exhibit A annexed hereto. The .-
.portion of the land being leased to Tenant (the "Premises") is depicted in Exhibit B annexed
hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year
flfSt above written.
TENANT:
Sprint Spectrum L.P.,
By: :y~--~ ..-
Title: Title: Sprint Spectrum L.P,
Gt:v~t.~ GhaRt9uS
Date: Date: Site Develo~ent OirectOl'
# ,
1,,/'*'/"
Approved as to Forin;
-/"x ~.hY
. Bob C. Sterbank, City Attorney
I
1=='_ L 2.
\ .-
h tiu -' ..
'0. rl-
STATE OF Co 1, fhV"n(~ ) .
-D. \ll. ~ )ss.
COUNTY OF . \IV\. )
c.~- R" On t~is daypersonall~ a~peared before me. undersigned. a Notary Public in and for the State of
\ 'f V\ l. ()\. . duly cormmssloned and sworn. . l'
to me known to be 1) ~ 'r'-( erh>y ;;;' t k \)~'~~tof the aging General Partner of Spriiit Spectrum LoP.,
the Delaware limitCd partnership at executed the foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned. and on oath
stated that be/she was authorized to execute said instrument on behalf of said partnership.
JA . . 200\
GlVENmYhandaudoffociahe'l~daYOf'-h.~~ ._. .
..~.... . . . · . . . . . . , \~o 1 ,d, /n S
J ~ SARAH'" <:AMARI (signature of 'CJ!a<Yl
. . COMM.#1255807 m g ~
- N Public-Califomla en .. .
fJ .' ::kQUIN COUNTY :: .il r-$ VVl. ~I tJ 0
o .. . My ecrrm. Exp. Uarch 6, 2004 (typed/printed name no. .
L . . : . . . . .. . .. . · .. . . .. .l Nmmy Pnblie in aud for the Statt of~';lt " '^ , .
My commission expires: .3 - -
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this day personally appeared before me, the undersigned, a Notary Public in and for the State of .
Washington. duly commissioned and sworn, David H. Moseley. to me known to be the City Manager of the City of
Federal Way. the Washington municipal corporation that executed the foregoing instrument, and acknowledged the
said instrument to he the free and voluntary act and deed of said corporation. for the uses and purposes therein --
mentioned, and on oath stated that he was authorized to execute said instrument
GlVEN my hand and official seal this~ ...... day of beLeiJi ky, 2000.
EILEEN ROBINSON ~~~)
(signature ofnotaJy) ,
STATE OF WASHINGTON C ;/ee "t ??ob /l1SD Lo,
NOTARY -.- PUBLIC (typedlprinted name of notary)
UY COUUISSION EXPIRES 1-29-C2 Notary Public in and for the State of Washington.
My commission expires: l-oJ..t;-~
K:\telecom\sprint MOL BP A Campus Dr
.
\
t:: _ 7 -z,
~f-
(. 1 ." .
.- . ..
.
. EXHIBIT A
Legal Description
-
Jbe~remises are legally described as follows: -
That portion of the SW ~ of Section 19, Township 21 North, Range 4 East, W.M., more
specifically known as Tract E of Parklane Estates - Division 2, as recorded at Vol. 156, page II of.
the King County Volume of Plats, King County, Washington.
.
.-
'..~.-
.
A-I
c. 7 A..
"
-t" ,..,,, ,.".
41l .. .
..
.
EXHIBIT B .
Site Location Within the Premises
-
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.
B-1
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.
CITY OF FEDERAL WAY
CITY AITORNEY'S OFFICE
Memorandum
CONFIDENTIAL! A TIORNEY-CLIENT PRIVILEGED
DATE: January 23,2001
TO: Chris Green. City Clerk
COPY: Iwen Wang. Management Services Director
Jane Gamble, Associate Planner
FROM: Eileen Robinson, Paralegal tJ;L
SUBJECT: Sprint Spectrum Site Lease Agreement
SE36XCOIO-A Panther Lake/Campus Drive (BPA)
- .
Chris, attached is a copy of the original executed Site Lease Agreement with Sprint. together with a
copy of the Memorandum of Lease, which has been recorded under King County Recording No.
20010118001076. Please assign an AG number to this Agreement and advise Iwen, Jane and myself
of the assigned number.
Copies of the Site Lease Agreement are being provided to Iwen to monitor Lease payments and to
Jane for her project file.
K:\Telecom\letters\ sprint clerk memo .
t=7-?
'MEETING DATE: November 1,2005 ITEM# VI tt...
,
...,.""''',........._.._...._......__...._...''..... .""."'....._________.__...._-'-._._......"'.._...______._.___.__..~...."...,,,._..__.__._.._.._.._.._.._...~......"mM',.. ,...,.,."..,...~__.._.._..______._____._______.____._m_._._._.._.__...__._..___ ....__.__.._........_ . .......,._...~_._._._.______
. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: 2005-2006 Mid-Biennium Budget Adjustment, Preliminary Public Hearing
.._,.._.................."".....___....._.._....___...... ..." ....."".,.,.,._.._......._....._........... "'..,~_.__..__...___.~._._..........,'.".~~m__._._.._.___.._.___..._,..,.~.,.''''..'...''m.__._._..______ ._..._.._._.......~..~_..._._..........~.......,',......,.......,,_..,..,'. ""........ ........ ..............,.....~............. ",..u,',..,..""........~"'~......,"',. ,,,,.,,,.,.~.
CATEGORY: BUDGET IMPACT:
o CONSENT D ORDINANCE Amount Budgeted: $
o RESOLUTION [8J PUBLIC HEARING Expenditure Amt.: $
o CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $
.._.._.._._...._.__.......,.....""., m...'mm_m__.._.._mm.~........> ..''''.,...._._._m._mm...m.._.._... ""',....".r'____..__._.____._.~....".....,,""',...~.___mm..____m__m._._._..__.........~.....".....,.,"''',. .".,'.~".'mm..._m._m.._.__._._.___m_m._.._._.m.._m__._._..._m_.._..__m__._m_-'-_.._m.._.___.._._._m__._..._..__.._.
~!!~,~.!!~~~!~":".,~~~~~~_~~~.~.~~~~______"",,,,,,,,,,,,,,,,,,,.."_________,,,,,"',,."',,,,."'."'''....m.________________________________________________________",,,,,,"''''..
SUMMARY/BACKGROUND: As required by state law, cities adopting biennial budgets must review and make
necessary adjustments to their adopted budgets before the end of the first year of the biennium. Staff will present to
Council the recommended adjustments and Council will kick-off the budget deliberation process by accepting any
early comments from the public at this meeting. The calendar for budget deliberation has been published and is
attached herein.
""...,..mmm_.___..._ m.m...._......" .. ..mm...m._.___..__....... ""'.,."....._m._...._..____.____............""'.....,...._.'m.__._m.___.._m........_..",.u"""',..._...~..., mmm_..___.__.m....._......,..__....... ...."'...","'.'...""_m'.'..'__....,.. ......__......._mm_....._.._.m.__.._._mmm.._mm_ m.._m___._.._m.._._._m._._m_.._m_m..__m.._.m..
.~"':~~~:_~~~".~.~::_~,,~~.~~-~~~.~.::~:~~~~~.:=..,,~~~-------------"-------"-,,,, '"'''''''-''''''''''''''''''''''''''''''''''''''''''' -.-----
PROPOSED MOTION: N/A
.'."'''.''''.-._-.--.-'-'c-------.. -......-..".,,-"."""".--.------,-.-----.-. .-.-.."--"."""'.""'''''.......----.------.-.-.-.------. ~."'''--- - ""-''''''''''''''''..'''''''------.-.-.-----'----.--.--''-'''''';....."......"".,,,....,,,,. ..-...-..- ..-.----.-.-....---.-----.-.--.--.-.----,,---------.----...--------------- --""...""-.
CITY MANAGER APPRO V AL:
\
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED COUNCIL BILL #
o DENIED 1ST reading
o TABLED/DEFERRED/NOACTION Enactment reading
o MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
.
PUBLIC NOTICE .
CITY OF FEDERAL WAY
CITY COUNCIL
--
2005/2006 MID BIENNIUM BUDGET ADJUSTMENT PUBLIC MEETINGS
* * * * *
The following meetings have been scheduled to consider the City of Federal Way's 2005-2006 biennial city budget:
November 1.2005 - REGULAR MEETING -7:00 p.m.
- Proposed mid-biennium budget adjustment presented to Council (available to public)
- PUBLIC HEARING (preliminary) proposed mid-biennium budget/revenue sources/property tax rate
NOVEMBER 14.2005 - SPECIAL MEETING - 6:00 p.m.
Council Deliberations
(Please note that the rC1!:ular Parks Rccreation/Human Services/Public Safety Committee meetine: will start at 5:00
PM)
NOVEMBER 15. 2005 - SPECIAL MEETING --,-5:00 p.m.
- Council Deliberations
NOVEMBER 15.2005 --,- REGULAR MEETING -7:00 p.m. .
PUBLIC HEARING (required by RCW 35A.34) Mid-Biennium Budget/property tax rate
- IntroductionOrdinance/2005-2006 mid-biennium budget adjustment
- Introduction Ordinance/2005 property tax rate
DECEMBER 6. 2005 - REGULAR MEETING -7:00 p.m.
- Enactment ordinance/2005-2006 biennial budget
~ Enactment ordinance/2005 property tax rate
Resolution/fee schedule amendment
All meetings will beheld at City Hall, 33325 --,- 81h Avenue South, Federal Way, Washington.
CITIZEN COMMENT WILL BE ACCEPTED AT ALL BUDGET MEETINGS.
Laura Hathaway
City Clerk
253-835-2540
Published in the Federal Way Mirror October 22nd and 291\ and November 9th, 2005.
.
MEETING DATE: November 1, 2005 ITEM# V (fa..,
~.~...._""W" n'~"""~'~~~-'--'--__" ,..".______._~u,......,~~~~~..M_.M'ft...'..~,_~...............~._..........________....,.~,_".~~_._M~..'._._~~.__~._..~_,~'u...~_._...............
. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Approval of New City Hall Contracts
..,g, "M'. , .....~Mn_'~__~....,',._.,~"..__,____._._.~"'u_n ..-..........- ~_.~""~~ ~~~.............._,...."._____.__~.~_.......""'n"'__~.'"
CATEGORY: BUDGET IMPACT:
?
0 CONSENT o ORDINANCE Amount Budgeted: $
0 RESOLUTION o PUBLIC HEARING Expenditure Anit.: $
[8J CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $.
_~_".n _".,,_~_~~..".."n....,"..___~.~....._.....ft....,... ._n.....~~__~M.'.'_.......~"~~_~~...n..nn _ _.._..~..n."'"""~.."."~
ATTACHMENTS: Washington State Department of Revenue and City of Federal Way forms
-"~,, ~.._.nn.._' _._~.~_.....,."......,_._..._-_._._.~....""..,,,,,."._-~~,....,"'....._~- .n......~__~_.~..~~y....n'~~~~_.__._~.....~.....................n"'"_.."_"n~''''''''''----'-
SUMMARY /BACKGROUND: State Law requires the City to retain 5% of the money due to each l30htractet 'aSia trust
fund for the protection and payment of anyone who performs labor; provides materials, supplies;or equipment;!Of'
subcontracts to the prime contractor. In addition, on contracts less than $25,000, a contractorll1ayelecttohave'theCity
retain another 50% of the contract in lieli of a performance bond. 'These retained_amounts are called "retairiage": !.'
tte Law further <<quires the City Council to accept coostruction projects"" complete before.c;ty and State staff can
. in the process of releasing retainage. The New City Hall architect and construction managefbave certified the
oIl owing contracts as complete: ' .,
* 04-21 - New City Hall plumbing - Hawk Mechanical
* 04-71 - New City Hall electronic access control - Guardian Security
* 04-72 - New City Hall security and fire alarms - Guardian Security
* 04-74 - New City Hall CCTV - Guardian Security
* 04-189 - North Parking Lot earthwork - State Construction
* 05-40 - Evidence Building structure - South N Erector~
>I< 05-69 - Evidence Building carpentry - ASAP Construction
* 05-74 - Evidence Building HV AC - Blue Mountain Mechanical
* 05-74 (duplicate number) - Evidence Building plumbing - Hawk Mechanical
.m....~"....ft."n".".'..____~~..~_._.~____._..m.. . .. ....mm._m..._.__._..~~.......~..n.~____.__mm..._ ...........,..... .."...""._,._ ."...,........~..~__._.__._.._..._mm......._......~....,..".,....... "",.."._"~,,,.~~~------.---_
CITY COUNCIL COMMITTEE RECOMMENDATION: None -- On August 31,2004, FEDRAC directed that New
City Hall contracts bypass committee and go directly to the City Council.
.~-_......_- ~~..y.~.."....",......._.__m...._..______._.~._~~~''''''''", '-~~-y..........""--'--'----~'~"" ~~"".."".....m."...~_____m.~'~_"'Y_'___,,_~
PROPOSED MOTION: "I 1JI0ve to accept the nine above-referenced contracts as complete."
C1TY~AGERAP~AL:-- ~ ~-------~ .
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
D DENIED 1 ST reading
D TABLEDillEFERRED/NO ACTION Enactment reading
D MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/1012001
+, .,:',-
'" .
.
.
. REVENUE State of Washington
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
Contractor's Registration 601 728226
No. (UBI No.):
Date: 10/12105
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From:
City of Federal Way
P. O. Box 9718
Federal Way, WA 98063-9718 Date Assigned
Notice isbereby given relative to the completion of contract or project described below , '. . ."("
Description of Contract
NEW CITY HALL PLUMBING ,
Contractor', Name I Telephone Nonnber .,
HAWK MECHANICAL CONTRACTORS INC 425861 6384 . ~;" l ".!' I ",: ,-', l','
Contractor', J\ddress
4068148TH AVE NE, REDMOND, WA 98052' , .,', :;"1'.
Date Worl< Commenced I Date Worl< C~1etcd I Date Worlc A<<:q><cd
02/016/04/ 9/30/05
Surety or Bonding C~y
. Agent', Addres,
Contract Amount: $186,127.00 Amount Disbursed: $200,926.54
Additions or Reductions: ($)7,443.85 Amount Retained: $9,678.54
Sales Tax: $17,034:23 TOTAL: $210,605.08
TOTAL: $200,926.54
"'Retainage Bond in the amount of $ was provided to the city
Signature:
Type or Print Name
Phone Number:
The Disbursing Officer must complete and mail TIlREEcopies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired or a
. language other than English, please call (360) 753-3217. Teletype (ITY) users may call (800) 451-
7985. You may also access tax information on our Internet home page at http:/dor.wa.gov.
Oct 10 05 09:08a Clark Architects, PLLC 253 854-7898 p.3
Certification for Release of Contract Retaioage .
.
P1tvrnblIJg
Bid/Contract No: i1aw/<..?Yl€?hiWI,c:~lIAG.~CJ/I-ZI. -
~ City -(Jet-It
Project TItle: '-- ... .. 1-41 ,tb~ .
J
I hereby certify, as Contract AdtniniSbtdor representing the City of Federal Way..
that an work. required by the above cited contract was completed on 9-00 -05 ~
and :final acceptance by the City Councl1 was granted on
I also certifY that no liens have been received within 30 days from the above date
from any person or persons, subcontractors or materialmen.. who have performed or
provided any work or ma:tcriaJ. on subject contract.
5.~ .
Contract Adminis1rator .
O-e~~ .
Director of Administering Department
Also, please find attached Notice of Completion of Public Wotks Conttad: for the
notification ofDepartrnent ofR.evenue and Employment Security Department.
.
.
. REVENUE State of Washington
DepanmnentofRevenue
PO Box 47474
Olympia, WA 98504-7474
Contractor's Registration 601 189667
No. (UBI No.):
Date: 10/13/05
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT _"J'"
~". -\. i,h~ i':. :.; ,";'
City of Federal Way Assigned To
P. O. Box 9718
Federal Way, WA 98063-9718 Date Assigned "::.'"i\.
.. . . ._~--~.~',.." -
Notice is berebygiven relative to the completion of contract or project described below Spd({~ is t't .."\:.>~, ~
Doscriptioft of Contract ...
NCH SECURITY MANAGEMENT :::1" , '. ,
I
Contractor's Name: Telephone Number
GUARDIAN SECURITY 206 672 6545 :\ '"',. ::: ~'.:,~~ : :~,! ! \
Contractor', Address
PO BOX 3766, SEAITLE, WA 98124-3766 ( ~ v. . t",., ..
DoIc wort Commenced DoIc Won: ~I..ed DoIc Work Accepted
04/19/04 10/07/05
Surety or Ilonding Company '. \~!., ';:.,. :'\'
. Agent's Address
Contract Amount: $114,100.00 Amount Disbursed: $181,449.28
Additions or Reductions: ($)60,706.63 Amount Retained: $8,740.33
Sales Tax: $15,382.98 TOTAL: $190,189.61
TOTAL: $190.189.61
*Retainage Bond in the amount of $ was provided to the city
Signature:
Type or Print Name )
Phone Nwnber:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, inunediately after acceptance of the work done under this
'contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquire about the availability of this document in an alternate fonnat for the visually impaired or a
. language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-
7985. You may also access tax information on our Internet home page at http:/dor.wa.gov.
vcr -I U Ub U!:I:U~ Clark Architects. PLLC 253 854-7898 p.5
../ .
Certification for Release of Contract Retainage
BidlCc:mtractNo: JI~/ai,J!e..uvri.!JC/t-e/ A&# O~-Il. .
Project Title: jed~/ U~ CltJ. 1V~/1 .
, I hereby cetti:fY, as Conttact AdtIIinistrator .lGPr~ting the City of Federal Way,
that all wotk NqU:ited by the above cited contract was completed aD II) -7 -{J".s- .
and final aceeptance by the City Council was gtaDted on _ .
I also cettify that DO liens have been received within 30 days :from the above date
from any person or persons, subcontractors or.materialmen, who hav~ performed or
provided any work or tmlteriBl on subject contmct.
S.~ . .
Contract Administrator
nL1~ .
Director of Administering Department
Also, please find a1tiac.bed Notice of Completion of Public W otks Contract for the
notification of Department of Revenue and Employment Security :Department.
.
. State of Washington
. REVENUE
Department of Revenue
PO Box 47474
Olympia,. WA 98504-7474
Contractor's Registration 601 189667
No, (UBI No.):
Date: 10/14/05
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACf
From:
City of Federal Way
P. O. Box 9718
Federal Way, WA 98063-9718 Date Assigned
Notice is hereby given relative to tbe completion of contract or project described below :'" ~r ~" ~'. '; + r.o;
Descriptio.orc_
NCH-Fire Alarm
Contractor IS Name Telephone Number
GUARDIAN SECURIlY 206 672 6545 .... -"r,,; .! ~
ConlnleIor's Address
PO BOX 3766, SEATTLE, WA 98124-3766 :'", "I'ri.'
Dale Wotk Completod ,_. -
Dale WorkColJ'JJJlel>Cod Dale Wotk J\eceplod
04/19/05 10/07/05
surety or Bonding Company
. Agent'. Address
Contract Amount: $98,890.00 Amount Disbursed: $1I 7,026.57
Additions or Reductions: ($)13,852.36 Amount Retained: $5,637,12
Sales Tax: $9,921.33 TOTAL: $122,663.69
TOTAL: $122,663.69
"'Retainage Bond in the amount of $ was provided to the city
Signature:
Type: or Print Name
Phone Number:
The Disbursing Officer must complete and mail THREE copies of this notice to the Deparbnentof
Revenue, OIYJIlpia,W A 98504-7474, immediately after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually-impaired or a
. language other than English, please call (360) 753-3217. Teletype (TIY) users may call (800) 451-
7985. You may also access tax information on our Internet home page at http:/dor.wa.gov.
Oct 10 05 09:09a Clark Architects, PLLC 253 854-7898 p.4
Certification for Release of Contract Retainage .
BidlContractNo: JPt.a.rdlAa1.cf'fI..&u..r&...n~;/ IJIiJ .#-0-'1- 7=2...
Project Title: .fed-e.v-adU/f!J .C4"'tJ .iJA.-lt .. ....
I hereby G'd1tify, as Contract AdmiDisttator .u;;p.\~ting the City ofFedend Way,
that all work required by 1he above cited contIact was completed on / () - 7 - OS ..
and final acceptance by the City Council was granted. on ..
I also certify that no liens have been received within 30 days :from the above date
from any person or persons, sulxx>Dttactors or materialmen, who hav~ performed or
provided any wOrk or material. on subject conuact.
S. .?JJ) . .
CoIltntCt Administmtor
j)LJ~
.
Director of Ad.ministming Deparbnent
Also, please :find. attaebed Notice of CompJetiOll of Public Works Contract for the
notification ofDeparttnem ofR.evenue and Employment Security Department.
.
.
. REVENUE State of Washington
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474 Contractor's Registration 601 189667
No. (UBI No.):
Date: 10/13/05
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From:
City of FederaJ Way Assigned To
) P. O. Box 9718
Federal Way, WA 98063-9718 Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Description ofConnacl
NCH CCTV CONTRACT
Contr.taorls Name I Telephone NUItIb\:r
GUARDIAN SECURITY 206 672 6545
Contractor', Address
POBOX 3766, SEAlTLE, WA 98124-3766
Date Work O>rnmen<:ed I Dale Work eoo.,leted I Dale Work A<=pted
51l7/04 10/07/05
Surety or 80ndinll Company
. Agent', A<Idros,
Contract Amount $91,569.00 Amount Disbursed: $114,730.97
Additions or Reductions: ($)18,961.80 Amount Retained: $5,526.54
Sales Tax: $9,726,71 TOTAL: $120,257.51
TOTAL: $120,257.51
*Retainage Bond in the amount of $ was provided to the city
Signature:
Type or PrinI NlUIle
Phone Number:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474. immediately -after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquireabout.the availability of this document in an alternate format for the visually impaired or a
. language other than English, please call (360) 753-3217. Teletype (TIY) users may call (800) 451-
7985. You may also access tax information on our Internethome page at http:/dor.wa.gov.
Oct 10 05 09:098 Clark Architects, PLLC 253 854-7a98 p.6
Certification for Release of Contract Retainage .
BidlContrt:lCt No: ~~/,.,,;~~jtJ..CC7V ./ AGi#O-1-11
Project Title: -. F-Gd--6nLl. ..V17:f:J ...t14t:1 j../IC./I.- .
I hereby certify, as COJIttact Adtninistratorrepresenting the City of Federal Way,
that aU work requited by the above cited. contract was completed on I" - 7 - ~ .
and final acceptance by the City Council was granted on .
I also certify that no liens have been received within 30 days 1Iom the above date
:from any person or persons,. subcontraCtOrs or JJl8Ieriahnen, who haV~ performed or
provided any work or mate:rial on subject contt'aet.
.~~ .
Cor-fdOlini~ttator .
f \
~Lf~
( ..... .... .~. ..... .
Director of Administering Department
Also~ please find attached Notice of Completion ofPubJic Works Contract for the
notificatiOD: of Department ofR.evenueand Employment Security Deputwent.
.
. :6 State of Washington
Department of Revenue
POBox 47474
Olympia, WA 98504-7474
Contractor's Registration 602385 013
No. (UBI No.);
Date: 10/14/05
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From;
City of Federal Way Assigned To
P. O. Box 9718
Federal Way, WA98063-9718 Date Assigned
Notice is hereby glvenrelative to the completion of COntract or project described below
DescriptioII of Contract
NORTH PARKING LOT
Conll'aClOr'S N..... I Telcphone Number
STATE CONSTRUCTION 425 430 2619
Con_'s Addn:ss
12029 SE PETROVITSKYROAD, RENTON, WA 98058
DateWmkCOIIIIIlOIICed I Date Wmk ~cd I DateWmkAcceptcd
02/21105 10/07/05
surety or llondinll Company
. ..
Agent'S Addn:ss
Contract Amount: $114,915.20 Amount Disbursed; $119,282.00
Additions or Reductions: ($) (1,157.20) Amount Retained; $5,745.76
Sales Tax; $10,112.55 TOTAL: $125,027.76
TOTAL: $125,027.76
*Retainage Bond in the amolUlt oU was provided to the city
Signature;
Type or Print Name
Phone Number;
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, inunediately after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquire about the availability of this document in an alternate fonnat for the visually impaired or a
. language other than English, please call (360) 753-3217. Teletype(ITY) users may call (800) 451-
7985. You may also access tax: infonnation on our Internet home page at http:/dor.wa.gov.
Oct 10 05 09:10a Clark Architeds, PLLC 253 854-7898 p.11
Certification for Release of Contract Retainage .
BidfCoDttaCt No: J~ (f,n~vpyj -i=~uJ~/:::.jfl6) ~ tY!--/B1
.
Project Title: ~rM. ..UJ'::J.i1iJ. .tJar,k.-I';.t'j. UT .
.. -.../
1 hereby certify, as CobtraCt Adtnii:dsti:ator.representing the City of Federal Way,
that aU wmt.reqoired by the aboYt: cited COJdl'aCt was completed on /t)-7 ~.O~ .
and final acceptance by the City CounQ! -was granted OD .
I also certify 1hat no liens bave been received within 30 days from the above date
from any person or persons, subcoJtt.mctors or materlabn~ who bav~ performed or
provided any work or material on subject coIitlad:.
5.zizJ2 .
Contract Administrator .
fj.
( ~J-'LJ-{ ~ .
Jl:ixedor of Administering DepartiDeJXt
AIso, please find atta<:;hed Notice ofComp1etion ofPoblic Works Contract for the
notification. ofDepi8.1:w.e.td: of Revenue and Emplo,m.eot Securi1y Department.
.
..
. ~ SlaIeofW""mgton
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
, Contractor's Registration 602005 645
No. (UBI No.):
Date: 10/14/05
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT ' , ,
, ,.,
City of Federal Way Assigned To
P. O. Box!>718
Federal Way, W A 98063-9718 Date Assigned
Notice is bereby given relative to tbe completion of contract or project described below \;,,;u i- !;" 'd
Description ofCoomlcl
EVIDENCE BUILDING: L I U," "
ContnIclor', N...... Telq>hone Number, ,) l
SOUTH.N-ERECTORS .;'53 ~S -3 ,5&CjT[','c':-T;I<~
Contractor', Address
POBOX 25092, FEDERAL WAY, WA 98093:Y\L ,..
Da.o Work Commonood Dato Work ~Ietod Date: Work A<<eptod
02/21/05 10/07/05
Suroty or Bonding Co~y
. Ag<lll', Address
Contract Amount: $113,758.00 Amount Disbursed: $119,282.00
Additions or Reductions: ($)1,157.20 Amount Retained: $5,745.76
Sales Tax: $10,112.55 TOTAL: $125,027.76
TOTAL: 5125,027.76
*Retainage Bond in the amount of $ was provided to the city
Signature:
1)pe or Print N......
Phone Number:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this
- contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then onlyjn accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired or a
. language other than English, please call (360) 753-3217. Teletype (TIY) users may call (800) 451-
7985. You may also access tax information on our Internet home page at http:/dor.wa.gov.
Oct 10 05 09:10a Clark Architects, PLLC 253 854-7898 p.10
Certification for Release of Contract Retainage .
BidlConttactNo; u..jJA'tiJ:~~N~_~r4~~cI1it.. .70/tff I A.!J# ()$--1l:J
f
Project TItle: . ~~/Ett /71/a.:Jt=/// Ci-e--a ~ /7bidO . .
I
thereby Mtify, as ~Adtni:nisttator lepl~nting the City of Federal Way,
that all work reqtIi:rtd by the above Gited. coJ:ltra'ct was completed on /0 -(;7~O5 .
and final accepumee by the: City Council was granted on .
I also eettify that no liens have been teceived within 30 days :.from. the above date
fiom any person or pe.tSOils, subcontractors or mate:riaImen, who hav~ pe:rfonned or
provided. any work or IIl8terial oJi subject contrtICt.
...S.~ . .
Contmct Adm1nistrator
OLl
.
Director of Administering D~twcnt
Also.. please find attacl1ed Notice of Completion of Public Works CoD.trad. for the
notification ofDep&.ihuent.ofReve.nue and Bmplo)'Illent Security Department
.
. . State of Washington
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
Contractor's Registration 602 005645
No. (UBI No.):
Date: 10/14105
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
City of Federal Way
P. O. Box 9718
Federal Way, WA 98063.9718 Date Assigned
Notice is hereby given relative to the completion of contract or project described below :..tiu
Oa<ription ofConlract
EVIDENCE BLDG CARPENlRY
Contncl:or's Nanz: Telephone Number
ASAP CONSTRUcnON
Contractor', Address
POBOX 1351, PUYALLUP, WA 9837i
Dale WOIk Cmnmenced Date Work Co...,lctcd Dale Work A=PIed
04/16/05 09130/05
surety or Bonding Company
. Agent', Address
Contract Amount: $42,829.00 Amount Disbursed: $63,737.09
Additions or Reductions: ($)18,574,75 Amount Retained: $3,070.19
Sales Tax: $5,403.53 TOTAL: $66,807.28
TOTAL: 566,807.28
*Retainage Bond in the amount of $ was provided to the city
Signature:
Type or Print Name
Phone Number:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue. Olympia, W A 98504-7474, immediately after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquire about the availability of this docwnent in an alternate format for the visually impaired or a
. language other than English, please call (360) 753-3217. Teletype (TIY) users may can (800) 451-
7985. You may also access tax information on our Internet home pllge at http:/dor.wa.gov.
Oct 10 05 09:09a Clark Architects. PLLC 253 854--'7896 p.8
Certification for Release of Contract Retainage .
-.. ... AS)<lP .an;.g~,.---~... ., ..... 1;4-#0 - 1
Bulleo_No. .. . . .... ...."" . m. . PUf!!Y6j -? [P
I
Project Title: .7~aJ ....~ ..e-VIC:/.e;nc..e.., .~dcr' .. .
i hereby certify, as ConthiCt Admmi~awt R!}jl~ting the City oflederal Way,
that all work required by1be above cittd conttact 'WaS oompleted. on ... . r t3" I OS .
and fuJa1 acceptanoe by the City Council was granted on '.
I also certiJY that no liens have been received within 30 days from 1he above date
from any person or persons, subc:ont:mctots or lIlfdaiabn~ who hav~ perfonned 01'
provided any work or IJUlterial on subject CODtt1Ict.
S.W - .
Contract Administrator
Q~j/JL .
Director of Administering Department
Also" please :find attaChed Notice of Completion <JfPublic WorkS Contract for the
notification ofDepartinent ofR.evetme and Employment Security Department.
.
.
. . State of Washington
Department of Revenue
PO Box 47474
Olympia, W A. 98504.7474
Contractor's Registration 602081957
No. (UBI No.):
Date: 10/14/05
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From:
City of Federal Way Assigned To
P. O. Box 9718
Federal Way, W A 98063.9718 Date Assigned
Notice is hereby given relative to the completion of contract or project described below
DeseFiptioo ofContracl
EVIDENCE BLDG " HV AC
Contrndor's Name ,. Te\qlhone Number
BLUE MOUNTAIN MECHANICAL 206 672 6545 , .
Conrractor'. Address
PO BOX 220, EAST OLYMPIA, W A 98540
Dale Worlt Commenced I 0a1e Worlt Coq>I..a1 I Dal. Worlt Acceplal
05/12/05 09/30/05
SIU'Oty or Bonding Co"l'M)'
. Agent's Address
Contract Amount: $20,499.00 . Amount Disbursed: $26,631.98
Additions or Reductions: ($)5,158.00 Amount Retained: $1,282.85
Sales Tax: $2,257.82 TOTAL: $27,914.82
TOTAL: $21,914.82
*Retainage Bond in the amount of $ was provided to the city
Signature:
Type or Print Name
Phone Number:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done Under this
contract. NO PAYMENTS SHALL BE MADE FROM RET AlNED FUND until receipt of
Department's certificate, and then only in accordarice with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired or a
. language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-
7985. You may also access tax information on our Internet home page at http:/dor.wa.gov.
Oct 10 05 09:09a Clark Architects. PLLC 253 854-1898 p.7
Certification for Release of Contract Retainage .
..
BidlContractNo:'7b/~ :7/~~t'i -:?11l!..e...h&n,-ea// ....46j#O$.-7-1
. I
Project Title: . K-dera,/ . r->>f!:j. ..E:t(/de.-n~ . ~d.:J . .
'" f
I hereby certify, as Contract Admirtistrator representing the City of Federal Way,
that all work reqnited by the above cited conttact was completed on 9' - c3 () -(),s- .
and :final acceptariCe by the City Council was gtaIIted on . .
I also certify that 110 liem have been received within 30 days from the above date
ftom any person orpersons. subcontractors or materialmen,. who hav~ performed or
provided any work or material on subject: contract.
S. ~
Contract Administrator - .
~
_l JL~Q7-~ .
Director of Administering De}1iUtwent
Also, please find ~tbtt:hed Notice of Completion ofPnblic Works Contract for the
notifieanon ofI>epa:rtment of Revenue and EmpIoymf:ttlt Security De~tment.
.
.
. . . REVENUE State of Washington
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
Contractor's Registration 601728226
No. (UBI No.):
Date: 10/13/05
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
~. l~ : ....
City ofFederal Way Assigned To
P. O. Box 9718 ;~
Federal Way, WA 98063-9718 Date Assigned
_..u_n_.___
Notice is hereby given relative to the completion of contract or project described below ",vii.(. ;; litr"d)\ j
Descriptio. of Contract
PLUMBING - EVIDENCE BillLDING i"::',~\( -.r. ;~ I...,
.__.'.'_.,~_~ '_ "n" _.
Contractor.s Name Telephone Number
HAWK MECHANICAL CONTRACTORS INC 425 861 6384 '\L ('('.\1
ConIIlIcloI"" Addr<os
4068148111 AVENE, REDMOND, WA 98052 ," r. \ t f',;:.D !t".1
Date Work Commenced Date Work C.,.,.,leled Date Work Aeeepted
03/28/05 10/07/05
surety or Bonding Company
. Agent'.Ad<h=
Contract Amount: $24,600.00 Amount Disbursed: $25,534.80
Additions or Reductions: ($) Amount Retained: $1,230.00
Sales Tax: $2,164.80 TOTAL: $26,764.80
TOTAL: $26,764.80
*Retainage Bond in the amount on was provided to the city
Signature:
Type or Print Name
Phone Nwnber:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate.
To inquire about the availability of this document in analtemate format for the visually impaired or a
. language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-
7985. You may also access tax information on our Internet home page at http:/dor.wa.gov.
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Oct 10 05 09:10a Clark Architects, PLLC 253 854-7898 p.13
Certification for Release of Contract Retainage .
BidlConttact No: "i-ltfA,dJ<. .. .. ../'J::l..e~.,lut41J~1 --.. '"P / U4r16J1id /;1 b; ~
....J .
Project Trtle: rfed:~/t<f!:J_EY(Qenw '1Pld~. .
I hereby GertifY, as CoDtGld .Adttiittisttat representing the City of Federal Way,
that all wotk required by thc.above cited eotltlad:.was completed on ID --7-05 .
and final acceptance by the City Council was g;ranted on -
I also certifY t1mt no liens have been received within 30 days :from the above date
from any person or persons, SUbcontractots or materiahnen" Who hav~ perfonned or
provided any wode or material on subject eon1J:'8Ct.
5- .~ .
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Contract..Adtninistrator
r---,
( )jA/l~ .
Director of Administering Department
Also, please find attached Notice of Completion of Public Works Contract for the
notification of Department of Revenue aad Employment Security Department.
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MEETING.DATE: November 1,2005 ITEMf,. ~V Il,,,,b _
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. CITY OF FEDERAL WAY -
City Council
AGENDA BILL
SUBJECT: Diversity Commission Appointment
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CA TEGORY: BUDGET IMP ACT:
0 CONSENT o ORDINANCE Amount Budgeted: $0,00
0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $0.00
IX! CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $0.00
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ATTACHMENTS: None.
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SUMMARYIBACKGROUND: Diversity Commissioner Antwan Tinsley resigned on Oct. 10, creating a vacant position
that expires on May 31, 2008. There are two qualified alternate commissioners. At its Oct. 11 meeting, the Commission
voted to recommend that the City Council appoint Alternate Commissioner Christine Martin to the vacant position.
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PROPOSED MOTION: "1 move to appoint Christine Martin to the Diversity Commission to fill an unexpired term
ending May 31,2008."
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CITY MANAGER APPROVAL: ,
(BELOW TO BE COMPLETED BYCIIT CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1 ST reading
0 TABLEDIDEFERRED/NO ACTION Enactment. reading
0 MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
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REVISED - 05/10/2001
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