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Council PKT 09-06-2011 Regular� �Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 6, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Volunteer Recognition: Police Chief's Citizen Citations and Life Saving Awards b. Proclamation: Constitution Week ...page 3 c. Proclamation: National Recovery Month...page 4 d. Proclamation: National Night Out...page 5 e. Mayor's Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward fo the podium and state your name for the record. P/ease limit your comments fo fhree minutes. The Mayor may interrupt commenfs that exceed three minutes, relate negatively to other individuals or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. A/l items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: August 2, 2011 Special and Regular Meeting, August 23, 2011 Special Meeting...page 6 b. VOUCh21'S...page 15 c. Monthly Financial Report - July...page 45 d. 2012-2013 Solid Waste & Recycling Grant Approvals - Resolution...paqe s2 e. Waste Management Contract Amendment...page ss f. Washington Auto Theft Prevention Authority (WATPA) Interagency Agreement...paqe 173 The Council may add items and take action on items not listed on the agenda. 6. PUBLIC HEARINGS a. Moratorium on Cannabis Related Collective Gardens...page 1s2 • Staff presentation • Public Comment • Council Action b. AMC Theatre Site — Surplus Property...paye �ss • Staff Presentation • Public Comment • Council Action 7. COUNCIL BUSINESS a. 2011-2012 Mid-Biennium Budget Adjustment Calendar...page 200 b. Usage and Lease of Part of Former Toys R Us Lot for Storage of Sand Castle Event Materials...page 203 8. ORDINANCES First Reading: a. CB #580 FWRC Amendment to Allow Animal Kennels and Animal Care Facilities in the Neiqhborhood Business Zone...paqe 2�2 An ordinance of the City of Federal Way, Washington, relating to allowing animal kennels and animal care facilities in the Neighborhood Business, Community Business, and Commercial Enterprise zones; amending FWRC 19.215.040, 19.220.101 and 19.240.100 b. CB #581 FWRC Amendments Relatinq to Seatinq Capacity of Restaurants...page 247 An ordinance of the City of Federal Way, Washington, relating to seating capacity of restaurants in the Office Park zone; amending FWRC 19.235.020 c. CB #582 Vacatina a Portion of SW 340 Street ...paqe 2s� An ordinance of the City of Federal Way, Washin�qton, relating to vacating a portion of Southwest 340 Street located on the south side of SW 340 Street, west of 13 Court adjacent to lot 34 of Wynstone Plat at Federal Way Second Reading: d. CB #579 Truck Route Ordinance Amendment...page 28s An ordinance of the City of Federal Way, Washington relating to deliveries by truck; amending FWRC 8.40.040 9. COUNCIL REPORTS 10. MAYOR'S REPORT 11. EXECUTIVE SESSION Sale of Property pursuant to RCW 42.30.110(1)(c) Collective Bargaining pursuant to RCW 42.30.140(4)(b) 12. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. ClTY OF ,t.., Federal Way Proclamation Constitution Week - 2011 WHEREAS, September 17, 2011 marlcs the two hundred and twenty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to of�'icially recognize this magnificent document and the anniversary of its creation; and WI-IEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, public law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as constitution week; NOW, THEREFORE, we the undersigned City Councilmember of the City of Federal Way and do hereby proclaim September 17 through 23, 2011 to be CONSTITUTION WEEK In Federal Way, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. SIGNED this 6th day of September 2011 FEDERAL WA Y CITY CO UNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Linda Kochmar, Councilmember Jim Ferrell, Councilmember Dini Duclos, Deputy Mayor Jack Dovey, Councilmember Mike Park, Councilmember Roger Freeman, Councilmember CITY OF ,� Federal Way Proclamation National Recovery Month — September 2011 WHEREAS, behavioral health is an essential part of health and one's overall wellness, and prevention works, treatment is effective, and people can and do recover from substance use and mental disorders; and Vi�HEREAS, all people have the fundamental and inherent value to be accep'ted and treated with respect, human dignity, and worth; and WHEREAS, individuals should have access to fiilly participate in community life including economic advancement and prosperity; fair and decent housing; quality education; positive opportunities to benefit from and contribute to material, cultural, and social progress; and WHEREAS, it is critical to educate our policymakers, friends and family members, health care providers, and businesses that substance use and mental disorders are treatable, and that people should seek assistance for these conditions, with the same urgency as they �vould any other health condition; and W�IEREAS, to help more people achieve long-term recovery, and learn how recovery positively benefits the Nation's overall well-being, the U.S. Department of Health and Human Services the Substance Abuse and Mentai Health Services Administration, the White House Office of National Drug Control Policy invite all residents of Federal Way to participate in National Recovery Month; and NOW, THEREFORE, we the Lmdersigned Federal Way City Council do hereby proclaim the month of September 2011 as National Recovery Month: Prevention Works, Treatment is Effective, People Recover In Federal Way and call upon the people of Federal Way to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme, "Join the Voices for Recovery: Recovery". SIGNED this sth day of September 2011 FEDERAL WA Y CITY CO UNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Linda Kochmar. Couracilmember Jim Ferrell, Councilmember Dini Duclos, Deputy Mayor Jack Dovey, Councilmember Mike Park, Councilmember Roger Freeman, Councilmember CITY OF ,'�...�,�.. Federal VI/ay Proclamation National Night Out WI�REAS, throughout the year, our Police Department works with neighborhoods across the city in working to prevent crime; and W�IEREAS, one of the biggest crime-prevention events of the year is the National Night Out, which is held on the first Tuesday in August; and WHEREAS, during National Night Out, neighbors organize block parties and barbecues, providing opportunities for neighbors to meet each other, strengthen neighborhood spirit, and enhance police-community partnerships; and WI3EREAS, this is a national effort, as well as a local effort; and WIIEREAS, this year was the 28�h annual "National Night Out" program and involves more than 15,00o communities across all fifty states, U.S. Territories, Canada, and military bases across the world; and WI�REAS, for the past 6 years, the Silverwood neighborhood has been one of the largest National Night Out participants in the city, where the homeowners association organizes and hosts a Potluck barbecue and family activities, including Bike Parades, pinatas, face painting volleyball games, and more; and WIIEREAS, this community brings together approx 60-70 adults and children from the neighborhood to come together and work towards the goal of "Giving Crime a Going Away Party!"i NOW, THEREFORE, we, the undersigned Federal Way City Council do hereby proclaim National Night Out as an important event in the City of Federal Way, and call upon the people of the City to recognize the importance of working together as a community to reduce crime in our neighborhoods. SIGNED this 6th day of September 2011 FEDERAL WAY CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Linda Kochmar, Councilmember Dini Duclos, Deputy Mayor Jack Dovey, Councilmember Mike Park, Councilmember COUNCIL MEETING DATE: September 6, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the August 2, 20ll Special and Regular Meetings and the August 23, 20ll Special Meeting? COMMITTEE N/A CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Carol McN Attachments: ❑ Ordinance ❑ Resolution �, City Clerk MEETING DATE: N/fl ❑ Public Hearing ❑ Other DEPT: Human Resources Draft meeting minutes from the August 2, 2011 Special and Regular Meetings and the August 23, 2011 Special Meeting. Options Considered: l. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/A �� DIRECTOR APPROVAL: Comrr�ittee Cauncil COMMITTEE RECOMMENDATION: N/fl N/A N/�1 Conmuttee Council PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY C1TY CLERXS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordanances only) ORDINANCE # RE V ISED — 02/06/2006 RESOLUTION # CITY OF ,'�.�,,.. Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall August 2, 2011 5:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:30 p.m. Elected officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Linda Kochmar, CouncilmemberMike Park, CouncilmemberJeanne Burbidge, CouncilmemberJack Dovey and Councilmember Roger Freeman. Councilmember Jim Ferrell arrived at 5:45 p.m. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Council adjourned to executive session at 5:30 p.m. to discuss collective bargaining pursuant to RCW 42.30.140(4)(b) and sale of property pursuant to RCW 42.30.110(1)(c) for approximately ninety minutes. The Council adjourned from executive session at 6:45 p.m. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:45 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — August 2, 2011 Special Meeting Page 1 of 1 � �Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall August 2, 2011 -7:00 p.m. www. cityoffederal wa y. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. Elected officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, CouncilmemberJeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Margaret Nelson led the Pledge of Allegiance. Mayor Priest announced that today was the eighth anniversary of the death of Federal Way Police Officer Patrick Maher. He asked for a moment of silence to recognize Officer Maher's service and sacrifice. 3. PRESENTATION a. Volunteer Recoqnition: Peqqv LaPorte — FUSION Mayor Priest stated that tonight's volunteer recognition recipient; Peggy LaPorte was a finalist in the Washington State Jefferson Awards, which honors outstanding volunteer service. Councilmember Burbidge introduced Ms. LaPorte who is the co-founder of FUSION, and Bob Wroblewski the Board President. FUSION is an organization that provides transitional housing and support services for homeless families to help them transition from poverty to self-reliance. Councilmember Burbidge stated that FUSION has been helping people that suffer from homelessness since 1993. She read the proclamation into the record and presented it to Ms. LaPorte and Mr. Wroblewski. Ms. LaPorte and Mr. Wroblewski thanked the Council for the recognition, spoke about their upcoming Art Event at Dumas Bay on August 3, 2011 and FUSION's efforts in Federal Way and Tacoma. b. Mavor's Emerqinq Issues • Trianqle Proiect SeniorTraffic EngineerJesse Hannahs reported that starting MondayAugust 8, 2011 the ramp from westbound SR 18 to northbound Interstate 5 will be closed and will remain closed until September 1, 2011. The detour route will direct drivers to SR 99, City Council Minutes — August 2, 2011 Regular Meeting Page 1 of 5 then right onto S. 320 Street. The Washington State Department of Transportation is working with the City's Public Works Department to adjust traffic signals and keep traffic moving as much as possible. City Traffic Engineers will monitor traffic at the onset of the closure and make timing changes as needed. 4. CITIZEN COMMENT Nancy Combs spoke in support of extending the public comment period to five-minutes. She also spoke about traffic issues on 21 Avenue, in support of term limits and spoke in opposition of high-rise development in the downtown area. Norma Blanchard spoke is support of term limits for Council members. She feels the FWRC conflicts with the RCW regarding the timeframe to collect signatures for petitions. She asked the Mayor to look into this issue. Marv Ann Sharp spoke about speeding traffic in the Lakota Beach neighborhood and asked the Council to consider installing speed bumps in the neighborhood. Marqaret Nelson spoke about having postcards available for visitors to Federal Way. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirefy by a Council Committee of three members and broughf before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separafe discussion and subsequent motion. a. Minutes: July 19, 2011 Special and Regular Meeting Approved b. Vouchers Approved c. Monthly Financial Report Approved d. Approve Federal Way Police Department Application for 2011 JAG Grant Approved e. HOME Investment Partnership Program Interlocal Agreement Approved f. Washington State Department of Transportation Traffic Busters Fiber Optic Cable Connection — Bid Award Approved g. Washington Traffic Safety Committee School Zone Flashing Beacon — Grant Acceptance Approved h. Purchase of Network Video Recorder Approved MOTION: Deputy Mayor Duclos moved approval of items 5a through 5h. Councilmember Kochmar second. VOTE: Motion carried 7-0. 6. PUBLIC HEARING a. Amendment of the City's 2011 CDBG Annual Plan Mayor Priest opened the public hearing on the City's 2011 CDBG Annual Plan at 7:36 p.m. He stated that under Federal Regulations Section 91-0105, a public hearing is required prior to the Council's selection of proposed amendments for consideration. • Staff Presentation Administrative Services Director Bryant Enge stated the current 2011 CDBG Funding City Council Minutes — August 2, 2011 Regular Meeting Page 2 of 5 Plan included $922,653.Congress reduced the 2011 CDGB funding by 16.4% and the City's allocation was reduced by approximately $129K, including nearly $12,800 dedicated to CDBG Public Service Programs. The preliminary 2011 CDBG Plan included a contingency plan that provided an increase or decrease in funds would be applied to the Federal Way Emergency Services project first. Staff is recommending amending the plan and allocating the reduction among the three public service projects. (FW Emergency Services, FW Special Needs and FW Low Income Family with Children Services). In addition, the 2011 CDBG Plan included an approved Capital Plan that allocated $240,179 for Emergency Feeding Program Facility, $75K for SKCAC Community Facility Improvements, and $60,763 for the Highline Community College Microenterprise development. The Emergency Feeding Program and SKCAC Community Facility Improvements cannot be achieved. Staff is recommending amending the 2011 CDBG Plan to reflect this and re-allocate the funds to the Federal Way Contingency Fund except for $9,900 to supplement the Microenterprise development program. • Public Comment Mayor Priest called for public comment. Linda Purlee, Multi-Service Center representative stated she would like to have citywide specialized food drives (infant formula, diapers etc.) for the Multi-Service Center Food Bank. Barbara Reid asked the Council to be mindful of their funding allocations. Denise Yun complimented the Council for their thoughtful dialogue on this issue. She supports funding of Community Health Programs. � Council Action The Council asked questions of Mr. Enge relating to how the reductions were allocated and applied to each program. Deputy Mayor Duclos stated she needed to recuse herself from this item as she works for the Multi-Service Center. MOTION: Councilmember Burbidge moved approval of the amendment to the City's 2011 preliminary CDBG Plan. Councilmember povey second. AMENDMENT: Councilmember Freeman moved to amend the reduction to the Multi-Service Center's Emergency Feeding Program to be 16.4%, with the balance deducted from Orion's funding. Councilmember Kochmar second. VOTE: Amendment carried 6-0, Deputy Mayor Duclos recused. VOTE: Main motion as amended carried 6-0. Deputy Mayor Duclos recused. MOTION: Councilmember Burbidge moved to close the public hearing at 8:15 p.m. Councilmember Park second. VOTE: Motion carried 6-0. Deputy Mayor Duclos recused. City Council Minutes — August 2, 2011 Regular Meeting Page 3 of 5 7. COUNCIL BUSINESS a. Kinq County RSO Grant Fundinq Cost Reimbursement Aqreement Police Chief Brian Wilson stated the City is seeking grant funding from the King County Sheriff's Office to support the Police Department's Registered Sex Offender (RSO) and Kidnapping Offender Address and Residency Verification Program. The grant is for $34,956.88 The City's Police Department will work with King County to implement multiple program elements to ensure that sex offenders are in compliance under the guidelines of current laws. Chief Wilson reviewed the number of registered sex offenders residing in the City. MOTION: Councilmember Burbidge moved to accept the agreement between the Federal Way Police Department and King County Sheriff's Office for grant funding for the purpose of verifying addresses and residencies of sex and kidnapping offenders and authorize Police Chief Brian Wilson to sign such agreement. Councilmember povey second. VOTE: Motion carried 7-0. 8. ORDINANCES First Reading: a. CB #579 Truck Route Code Amendment An Ordinance of the City of Federal Way, Washington relating to deliveries by truck; amending FWRC 8.40.040 City Attorney Richardson stated there is a need to clarify the intent of FW RC 8.40.040. The current FWRC states trucks (rated in excess of 30,000 Ibs) are exempt from truck routes if they make less than ten deliveries per day. Deliveries are defined as "having an origin or destination in the City, or passing through the City between an origin and destination." The proposed amendmentwould remove the ten- trip threshold, removes exception for deliveries that pass through the City between their origin and destination and requires trucks to use designated truck routes unless the delivery has a destination or origin in the City or the truck is operated by an entity that has their corporate headquarters in the City. MOTION: Councilmember Kochmar moved to forward the ordinance to the September 6, 2011 City Council meeting for second reading and enactment. Councilmember povey second. VOTE: Motion carried 7-0. Second Reading: b. CB #576 Amendinq Federal Way Revised Code Chapter 2.05 Article II, Reqardinq Public Defense Standards An Ordinance of the City of Federal Way, Washington relating to public defense; amending sections of Chapter 2.05 of the FWRC. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Burbidge moved approval of the ordinance. Councilmember Park second. VOTE: Motion carried 7-0. Ordinance 11-696. c. CB #577 Amendinq Federal Way Revised Code 3.35.030 Reqardinq Aqqressive Beqqinq. City Counci! Minutes — August 2, 2011 Regular Meeting Page 4 of 5 An Ordinance of the City of Federal Way, Washington relating to aggressive begging; amending FWRC 6.35.030. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Burbidge moved approval of the ordinance. Councilmember Park second. VOTE: Motion carried 7-0. Ordinance 11-697. 9. COUNCIL REPORTS Councilmember Ferrell reported on the Kiwanis Salmon Bake event he attended. Councilmember Kochmar reported that she also attended the Kiwanis Salmon Bake. She thanked the police for their efforts with the recent incident at Wal-Mart. She also attended the SCORE open house event. Councilmember Park reported on a King County Regional Justice meeting he attended. Councilmember Burbidge reported the next PRHSPSC meeting will be in September, as the August meeting has been cancelled. She also reported on upcoming community events. Councilmember povey reported that SCORE is offering elected officials the opportunity to spend the night in the new jail. He also reported the sandcastle event was coming up soon. Councilmember Freeman stated tonight is the National Night Out event. Deputy Mayor Duclos reported on a King County Solid Waste Meeting she attended. 10. MAYOR'S REPORT Mayor Priest stated the Council would be recognizing the National Night Out event at their September 6, 2011 Council meeting. 11. EXECUTIVE SESSION The Council did not adjourn to executive session. � . . � � 12. ADJOURNMENT With no additional business before the Council, Mayor Priest adjoumed the regular meeting at 8:40 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — August 2, 2011 Regular Meeting Page 5 of 5 CITY OF , �..,�.. Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Hylebos Room - City Hall August 23, 2011 5:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:30 p.m. Elected officials present: Mayor Skip Priest, Deputy Mayor Duclos, Councilmember Linda Kochmar, Councilmember Mike Park and CouncilmemberJeanne Burbidge. Councilmembers Jack Dovey was in Illinois and present via conference call. CouncilmemberJim Ferrell was in Seattle and present via conference call. Mayor Priest excused Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. FEDERAL WAY FARMERS MARKET — LEASE AMENDMENT Community and Economic Development Director Patrick Doherty stated the City Council approved a Lease Agreement with the Federal Way Farmers Market on April 19, 2011 to lease the former AMC Theatre site from May 7, 2011 through October 29, 2011. The agreement stipulates a lease payment of $5,000. On August 11, 2011, the City received a letter from the Federal Way Farmers Market requesting additional usage of the site on Wednesday evenings from 4pm to 8pm for a"Night Out at the Farmers Market." This would run from August 24, 2011 into October 2011 (ending date to be dependant on weather). The current lease rate of $5,000. translates to an hourly rate of $32.05 per hour. If Council wishes to assess a hourly site least rate, each Wednesday evening would cost $128.20. Staff has prepared a draft amendment to the current Lease Agreement for Council review. MOTION: Councilmember Burbidge moved approval of option 1. To approve the proposed amendment to the Farmers Market Agreement for additional Wednesday evening use of the former AMC Theaters site, starting August 24, 2011 and ending ro later than the end of October 2011 with no additional site-fee lease. Councilmember Kochmar second. VOTE: The motion carried 6-0. City Council Minutes — August 23, 2011 Special Meeting Page 1 of 2 3. ADJOURNMENT With no additional business before the Council, Mayor Priest adjourned the meeting at 5:42 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — August 23, 2011 Special Meeting Page 2 of 2 COUNCIL MEETING DATE: September 6, 201 1 ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VOUCHERS POLICY QUESTION: Should the City Council approve the vouchers in the total amount of $4, 034, 489. 04? COMMITTEE: Finance, Economic Development, and Regional Affairs Committee MEE'FING DATE: August 23, 201 I Ordinance ❑ Public Hearing Resolution ❑ Other DEPT: Finance CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Tho Kraus, Finance Director I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washington, and that I am authorized to authenticate and certify said liens. ��y��-� Finance Director Attachments: Voucher List Options Considered: NA MAYOR RECOMMENDATION: NA MAYOR APPROVAL: y ��� ��� 1/��G� DIRECTOR APPROVAL: �� �___ ommit e Council Committee Counci] COMMITTEE RECOMMENDATION: "I move approval of the vouchers and forward to the September 6, 2011 Council Meeting for approval. " x E . � Committee Member PROPOSED �OUNCIL MOTION "I move a�roval of the vouchers pursuant to RCW 42.24. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING�(ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # City of Federal Way - Accounts Payable Check List Bank of America Check No. Date Vendor Inv Date Invoice 224169 7/29l2011 001360 AABCO BARRICADE COMPANY INC, 7/S/2011 89147 224170 7/29/2011 000332 ABC LEGAL MESSENGERS INC, 6/17l2011 20489540 6/2812011 MMFWA00613020 6/28l2011 MMFWA00613020 224171 7/29/2011 011322 ABELLA, C. ANGELO 7/15/2011 07/15l11 7/12/2011 07/12/11 224172 7/29/2011 004895 ABOU-ZAKI, KAMAL 7/15/2011 07l15/11 224173 7/29/2011 007348 ABSHER CONSTRUCTION CO, 7/18/2011 02-60370 REFUND 7/18/2011 02-60370 REFUND 224174 7/29/2011 001856 ACTION SERVICES CORPORATION, 6/30l2011 69222 224175 7/29/2011 003258 ADVANCED PRODUCTS, 7/15/2011 20041267 224176 7/29/2011 009556 ADVANCING LEADERSHIP, 7/11 /2011 1208 7/11 /2011 1209 224177 7/29/2011 000568 AGRI SHOP WC, 7l13/2011 17240/1 7/8/2011 17158/1 7/19/2011 17347/1 7/19/2011 17348/1 224178 7/29/2011 007177 AITKEN, GRETA 7/15/2011 07/15/11 224179 7/29/2011 001285 ALPINE PRODUCTS INC, 7/13/2011 TM-117168 7/13/2011 TM-117189 7/20/2011 TM-117394 7/8/2011 TM-117059 224180 7/29/2011 005833 ANNA'S PARTY RENTALS, 7/13/2011 13869 224181 7/29/2011 010530 ARAMARK UNIFORM SERVICES, 7/11 /2011 6555647917 7/11 /2011 65 rr 5647918 6/27/2011 655- 5625888 6/27/2011 655-562588 9 224182 7/29/2011 010530 ARAMARK UNIFORM SERVICES, 7/5/2011 6555639704 7/ 19/2011 655-56637 94 7/ 12/2011 6 55-5651786 224183 7/29/2011 012945 ARREDONDO, MARIA 7/18/2011 959501 224184 7/29/2011 008874 ASAP CONSTRUCTION INC, 6/28/2011 11-129 224185 7/29/2011 001233 ATBT BUSINESS SERVICE, 7/6/2011 030 598 3151 001 7/6/2011 030 598 3151 001 7/6/2011 030 598 3151 001 224186 7/29/2011 011555 AVEDISYAN, RUBEN 7/8/2011 07/08/11 224187 7/29I2011 010214 BARDEN, CHINTANA 7/19/2011 07l19/11 224188 7/29/2011 001630 BLUMENTHAL UNIFORM CO INC, 1 /26l2011 857963 4/29/2011 871201 5/27/2011 877722 7/5/2011 887304 Description PRCS-RWB BARRICADES LAW-BULK DEL - NETTLES/CARVER LAW-MNTHLY SRV CHRG; 6/28/11 LAW-MNTHLY SRV CHRG; 6/28/11 MC-INTERPRETER SVC MC-INTERPRETER SVC MC-INTERPRETER SVC PW-02-60370 CFC PROJECT REFUND PW-02-60370 CFC PROJECT XFR PWST-06/11 STREET SWEEPING SVC PD-PEPPER SPRAY, FOGGER, 14SST PD-ADVANCING LEADERSHIP HATFIE PD-ADVANCING LEADERSHIP KLINGL SWM-ENGINE OIL SWM-REPAIR STIHL TRIMMER PWST-FILLER CAP PWST-NEW WEEDEATER MC-INTERPRETER SVC PWST-FLO PINK MARKING PAINT PKM-HANDICAPE SIGN & TUFF POS SWM-MARKING PAINT PKM-RETURN UNUSED PAINT PRCS-RWB TENT RENTALS FWCGFLOOR MATS SVC FWCC-FLOOR MATS SVC FWCC-FLOOR MATS SVC FWCC-FLOOR MATS SVC DBGLINEN SERVICE DBC-LINEN SERVICE DBC-LINEN SERVICE PRCS-RWB CONCESSIONS DEPOSIT R PKM-SACAJAWEA LIGHT POLE REPAI IT-07/11 LONG DISTANCE SVC IT-07/11 LONG DISTANCE SVC IT-07/11 LONG DISTANCE SVC MC-INTERPRETER SVC MC-INTERPRETER SVC PD-2010-11 BOOT ALLOW. SWANSON PD-HONOR GUARD UNIFORMS PD-INVOICE WAS PAID ON CREDIT PD-BOOT ALLOW. VOLLMER Page 1 of 29 Amount Check Total 147.50 147.50 129.00 4.00 62.50 62.50 206.00 100.00 106.00 100.00 100.00 5, 034.01 7,143.01 -2,109.00 10,77271 10,772.71 307.50 307.50 1, 950.00 975.00 975.00 616.79 43.67 53.10 45.99 474.03 100.00 100.00 188.79 39.20 221.19 109.73 -181.33 3, 071.88 3,071.88 313.18 121.00 35.59 121.00 35.59 33.11 10.40 11.54 11.17 125.00 125.00 762.12 762.12 56.52 28.26 26.00 2.26 100.00 100.00 100.00 100.00 5,450.59 53.29 4,894.70 -134.14 175.13 Bank of America Check No. Date Vendor Inv Date Invoice 7/1 /2011 882960-01 7/26/2011 07-26-11 224189 7/29/2011 004787 BOB BJORNEBY'S FEDERAL WAY, COLLISION 7l15/2011 RO # 13105 224190 7/29l2011 004919 BRATWEAR, 7/6/2011 320463 6/24/2011 320462 224191 7/29/2011 007087 BROWNELLS INC, 7/5/2011 06782250.00 224192 7/29/2011 000414 CAFE PAC�FIC CATERING INC, 6/29/2011 21814 224193 7/29/2011 000991 CASCADE COFFEE INC, 7/4/2011 20646069 224194 7/29/2011 002351 CASCADE MOBILE MIX, 6l30/2011 27211 B 7/7/2011 27359 224195 7/29/2011 004676 CENTERSTAGE THEATRE ARTS, 7/15/2011 JULY 15, 2011 7/15/2011 JULY 15, 2011 224196 7/29/2011 004676 CENTERSTAGE THEATRE ARTS, 6/30/2011 JUNE 30, 2011 224197 7l29/2011 005622 CHELAN COUNTY TREASURER'S, 7/5/2011 450001-01908 5/17/2011 450001-01862 224198 7/29/2011 012933 CHUCKALS INC, 7/18/2011 667343-0 224199 7/29/2011 012378 CHUCK'S DRUG, 6/30/2011 JUNE 30, 2011 224200 7/29/2011 011595 CITY OF BUCKLEY, 7/1/2011 JUNE 30, 2011 22420� 7/29/2011 004838 CITY OF ENUMCLAW, 7/8/2011 03315 224202 7/29l2011 000951 CITY OF FEDERAL WAY, 7!8/2011 AG11-066#2 224203 7/29/2011 005817 CITY OF FIFE, 7/10/2011 0006344 224204 7/29/2011 003752 COASTWIDE SUPPLY DBA, 6/16/2011 W2323847 6l23/2011 W2309250-2 6/23/2011 W2323847-2 6/30/2011 T2328612 224205 7/29/2011 012837 COLEHOUR+COHEN, INC, 6/1 /2011 2252 224206 7/29/2011 010570 COLLISION ANALYSIS &, 7/21 /2011 11-018 224207 7/29/2011 006523 COLUMBIA FORD, 7/14/2011 3-B 1217 224208 7/29/2011 008445 COPIERS NORTHWEST INC, 7/14/2011 I N V554481 7/14/2011 I NV554481 7/14/2011 I NV554481 7/14/2011 INV554481 7/14/2011 I N V554481 7/14/2011 I N V554481 7/19/2011 I NV556169 7/19/2011 I N V556170 7/19/2011 I N V556171 224209 7/29/2011 000721 CORLISS RESOURCES INC, 6/22/2011 289915 224210 7/29/2011 008766 CRYSTAL CARPET CARE, 6l30/2011 63�11 224211 7/29/2011 009505 D& L SUPPLY AND MFG., INC, Description PD-HONOR GUARD COATS FI-BL REFUND DBL PMT RM-SEASONAL PRK105 PKM- PD-REPLC JUMPSUIT FOR ADAMS PD-REPLC K9 SUIT FOR ORTA PD-WEAPONS REPAIR SUPPLIES PRCS-RWB FULL WHITE PAN HR-COFFEE FOR MEETINGS SWM-CONCRETE- SWM-CB REBUILDS- DBC-07/11 KFT MANAGEMENT REPAY DBC-07/11 KFT MANAGEMENT AG09- DBC-06/11 REHEARSAL HALL USAGE PD-06/11 CHALAN PRISONER HOUSI PD-OS/11 PRISONER MED TREAT CH DBGEASELS PD-06/11 PRISONER MED TREAT CH PD-06/11 BUCKLEY PRISONER LODG PD-06/1 I ENUMCLAW PRISONER LOD PWST-2011 OVERLAY AG11-066- PD-06/11 FIFE PRISONER LODGING FWCC-JANITORIAL SUPPLIES FWCGJANITORIAL SUPPLIES FWCC-JANITORIAL SUPPLIES DBC-JANITORIAL SUPPLIES SWR-RECYCLING PROMOTIONS- PD-CRASHZONE TRNG J. TAN PWFLT-VIN 1FDOW4GY5BEC96104 FO IT-06/11 COPIERS/PRINTERS MAIN IT-06/11 COPIERS/PRINTERS MAIN IT-06/11 COPIERS/PRINTERS MAIN IT-06/11 COPIERS/PRINTERS MAIN IT-06/11 COPIERS/PRINTERS MAIN IT-06/11 COPIERS/PRINTERS MAIN IT-IRC7055 06/11 COPIER/PRINT IT-IRC5030 06/11 COPIER/PRINT IT-IR1025N 06/11 COPIER/PRINT SWM-S 296TH PICK UP DBGCARPET CLEANING SVC Page 2 of 29 Amount Check Total 411.61 50.00 2,269.39 2,269.39 1,01322 510.44 502.78 119.71 119.71 52.68 52.68 126.04 339.45 306.60 6, 300.00 -1,021.00 110.00 97,930.00 385.40 265.77 39.90 9,747.00 9,000.00 42,301.39 22,574.41 2,605.94 32.30 379.32 270.16 624.92 600.00 30,438.99 51.42 77.14 694.23 874.22 231.41 642.80 626.67 180.95 56.05 195.83 794.00 126.04 646.05 5,279.00 110.00 98, 315.40 265.77 39.90 9,747.00 9,000.00 42,301.39 22,574.41 3,287.72 624.92 600.00 30,438.99 3,434.89 195.83 794.00 151.24 Bank of America Check No Date Vendor Irn Date Invoice 7/7(2011 268823 7/7/2011 268832 224212 7/29/2011 000168 DAILY JOURNAL OF COMMERCE INC, 6/18/2011 3250943 224213 7/29/2011 011580 DANIELS, KIM 7l18/2011 959349 224214 7l29/2011 011297 DASH MEDICAL GLOVES, 7/5/2011 I N V 583874 7!S/2011 I N V583897 224215 7/29/2011 005922 DEX MED�A WEST, 6/23/2011 650474119 224216 7/29/2011 008039 DMX MUSIC, 7/1 /2011 50175847 224217 7/29/2011 005341 DODD, ESCOLASTICA ROSA 7/15/2011 07/15/11 7/12/2011 07/12/11 7/19/2011 07/19/11 224218 7l29/2011 000259 DOW JONES & COMPANY INC, 4/30/2011 00069893 5/5/2011 00070952 224219 7/29/2011 008297 DOWNER CORP, 6/23/2011 40240 7/11/2011 40311 224220 7/29l2011 000939 DS WATERS OF AMERICA, LP, 6/13/2011 29241185236041 224221 7/29/2011 000570 EAGLE TIRE 8 AUTOMOTIVE (DBA), 6l24/2011 1081456 6/24/2011 1081459 6/24/2011 1081460 6/25l2011 1081474 6/25l2011 1081476 7/8/2011 1051659 7/16/2011 1081790 7/16/2011 1081791 7/16/2011 1081792 7/18/2011 1081825 7/18/2011 1081827 7/18/2011 1081829 7/13/2011 1081744 7l15l2011 1081784 7/15/2011 1081785 6/29/2011 1081517 6/25/2011 1081477 224222 7/29/2011 012666 EDD, DALE 7/19/2011 JULY 16, 2011 224223 7/29/2011 009021 EDWARDS, NOLAND A 7/15/2011 07/15/11 7/12/2011 07/12/11 224224 7/29/2011 000328 ERNIE'S FUEL STOPS (DBA), 7/15/2011 0359251 7/15/2011 0359252 7/15/2011 0359252 224225 7/29/2011 002227 ETTINGER, ROBERT 7/20/2011 ETTINGER 2011 224226 7/29/2011 011726 EWING IRRIGATION PRODUCTS, INC, 7/14/2011 3576467 7!1 /2011 3513855 224227 7/29/2011 012942 FEDERAL WAY AUTO GLASS, 7/11 /2011 1000791 7/5/2011 1000786 7/6/2011 1000789 6/20/2011 1000775 Description PKM-TOILET REPAIR PARTS- PKM-TOILET REPAIR PARTS- IT-NVR RFP LEGAL AD PRCS-RWB CONCESSION DEPOSIT RE PD-EXAM GLOVES PD-EXAM GLOVES DBG06H 1 DIRECTORY ADS IT-07/11 ALL DIGITAL MUSIC MC-INTERPRETER SVC MC-INTERPRETER SVC MC-INTERPRETER SVC CDED-RFQ CITY CNTR DEVELOPMENT CDED-RFQ CITY CNTR DEVELOPMENT PD-'RESTRICTED AREA' SIGNS MO-'NYBERG ROOM' SIGN PKCP-WATER COOLER RENTAL- PWFLT-NEW TIRES PWFLT-FRONT BRAKES PWFLT-OLF PWFLT-FRONT DISC BRAKES PWFLT-OLF PWFLT-INSPECT FRONT END PWFLT-TURN ROTORS CLEAN BRAKES PWFLT-OLF PWFLT-OLF PWFLT-OLF, WIPER BLADES PWFLT-OLF, WIPERS PWFLT-SERVICE TRANSMISSION PWFLT-REPAIR FLAT TIRE P WF LT-O LF PWFLT-OLF PWFLT-REPLACE CIRCUIT BOARD PWFLT-REPLACE BRAKE ROTORS PRCS-1ST AID/CPR INSTRUCTOR AG MC-INTERPRETER SVC MC-INTERPRETER SVC PWFLT-6/30-7/15/11 FUEL CHARGE PD-SIU 6/30-7/15/11 FUEL CHARG PD-6/30-7/15l11 FUEL CHARGES DBC-OSl17/11-06/29/11 R. ETTIN PKM-FERTI LIZERlSEED- PKM-FERTI LIZER/H ER BICI DE- PD-HAND WASH PD-NEW WINDSHIELD PD-NEW WINDSHIELD PD-NEW WINDSHIELD Page 3 of 29 Amount Check Total 52.74 98.50 212.40 212.40 125.00 125.00 908.60 259.60 649.00 8328 83.28 6424 6424 425.00 162.50 162.50 100.00 1.706.30 672.18 1,034.12 328.50 240.90 13.14 662.67 887.94 5927 228.11 44.84 43.56 153.68 69.90 44.84 84.10 '138.63 195.86 16.43 44.84 44.84 158.02 229.74 168.00 100.00 100.00 7,043.84 896.89 15,282.68 168.41 1, 549.71 1,150.45 27.38 164.25 276.14 202.58 569.40 13.14 3,107.27 168.00 200.00 23,223.41 168.41 2,700.16 670.35 Ba of America Check No. Date Vendor Inv Date 224228 7/29/2011 002644 FEDERAL WAY BOYS & GIRLS CLUB, 7l2�/2011 1 ST QTR 2011 224229 7/29/2011 001183 FEDERAL WAY PUBLIC SCHOOLS, 7l13/2011 ARO 8231 224230 7/29/2011 010305 FIRST STUDENT, 7/18(2011 10562271 7/7/2011 10559553 224231 7/29l2011 002664 FLEX-PLAN SERVICES INC, 6/30/2011 178379 224232 7/29/2011 008860 FOOD SERVICES OF AMERICA, 7/1 /2011 3165319 7/6/2011 3173799 7/13/2011 3191469 7/8/2011 3181149 224233 7/29/2011 007404 FULLER, MICHELLE M 7/19/2011 07/19/11 7/15l2011 07/15/11 224234 7/29/2011 004566 G8M HONEST PERFORMANCE, 6/27/2011 146629 6/23/2011 146524 224235 7/29/2011 011650 GEBREMICHAEL, MERIAM 7/15/2011 07/15/11 224236 7/29/2011 010940 GOODYEAR WHOLESALE TIRE CNTR, 7/14l2011 159837 7/8/2011 159635 7/12/2011 159748 224237 7/29/2011 002547 GRAINGER INC, 6/22/2011 9568516828 6/22/2011 9568516836 224238 7/29/2011 010738 GREEN EFFECTS, INC, 7/1l2011 34548 224239 7/29/2011 007942 GROUP MOBILE LLC, 7/12/2011 15397 224240 7/29/2011 000671 H D FOWLER COMPANY, 6/23/2011 12937988 224241 7/29/2011 003841 HEAD-QUARTERS PTS, 7/4/2011 24204 6/29/2011 24219 224242 7/29/2011 001127 HEALTHPOINT, 7/20/2011 1ST QTR 2011 7/19/2011 1 ST QTR 2011 224243 7/29/2011 003206 HERRERA ENVIRONMENTAL, 6/3/2011 24506 7/12/2011 24733 224244 7/29l2011 001487 HEWLETT-PACKARD COMPANY, 7/11 /2011 49747139 7/17/2011 49779779 7/15l2011 49773365 7/14/2011 49766107 224245 7/29/2011 011936 IBM, 6/4/2011 610920 6/4/2011 610920 224246 7/29/2011 001431 ICON MATERIALS INC, 7/12/2011 AG11-104 #1 224247 7/29/2011 000367 IIMC-INT'L INST OF MUN CLERKS, 7/22/2011 ID #15531 7/22/2011 ID #15948 7/22/2011 ID #21887 224248 7/29/2011 000016 IKON OFFICE SOLUTIONS, 7/5/2011 5019216408 7/5/2011 5019216408 7/5/2011 5019216408 Invoicz Description ASHS-Q1 2011 SAFE ZONE FOR KID PKM-WATER- PRCS-3 BUSES FOR SUMMER DAY CA PRCS-SUMMER CAMP TRIP TO PATTI HR-06/11 FLEXIBLE PLAN SERVICE DBGCATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES MC-INTERPRETER SVC MC-INTERPRETER SVC PKM-SHOP SUPPLIES- PWFLT-LITHIUM BATTERY, TRLR LI MC-INTERPRETER SVC PD-NEW TIRES DELIVERED TO SPAR PD-NEW TIRES DELIVERED TO SPAR PD-NEW TIRES DELIVERED TO SPAR FWCC-PIPE STRAP, HOSE CLAMP FWCC-HOSE CLAMP FWCC-06/11 LANDSCAPING AG08-06 IT-GAMBER JOHNSON PANASONIC TO PWST-IRRIGATION PARTS FOR ROW PRCS-RWB SANICAN SVC DBC-SANICAN SERVICES ASHS-Q1 2011 DENTAL CARE PROG. ASHS-Q1 2011 MEDICAL CARE PROG SWM-WATER QUALITY AUDIT AG11-0 SWM-WATER QUALITY AUDIT AG11-0 IT-RR PHASES 1-2 MONITOR- IT-RR PHASES 1-2 PC- IT-RR PHASES 1-2 DISPLAY PORT IT-RR PHASES 1-2 DISPLAY PORT IT-PD SOFTWARE MAINTENANCE - IT-PD HARDWARE MAINTENANCE AGR PWST-320TH OFF RAMP CHANNELIZA HRCK-2011 IIMC DUES COURTNEY HRCK-2011 IIMC DUES MCNEILLY HRCK-2011 IIMC DUES ROE IT-07/11 ALL FAX MAINT IT-07/11 ALL FAX MAINT IT-07/11 ALL FAX MAINT Page 4 of 29 Amount Check Total 3, 858.00 3, 858.00 68.31 68.31 1,318.50 1, 068.00 250.50 288.90 565.00 593.35 522.31 897.35 120.00 120.00 35.35 96.13 100.00 111.04 220.07 509.04 34.27 1.59 2,186.28 1, 760.00 435.15 288.90 2, 578.01 240.00 131.48 100.00 840.15 35.86 2,186.28 1,760.00 435.15 1.340.75 1, 271.00 69.75 6,475.00 3, 975.00 2, 500.00 4,445.66 1, 029.85 3,415.81 26,198.67 5,304.18 20,174.28 617.32 102.89 1, 845.82 572.51 1,273.31 125,550.76 125, 550J6 325.00 75.00 175.00 75.00 9.80 98.00 88.19 195.99 Bank of Ame rica Check No. Date Vendor Inv Date 224249 7/29/2011 011863 INTELLIGENT PRODUCTS INC, 7/6/2011 128487A 224250 7/29l2011 007109 INTERCOM LANGURGE SVCS, 7/5/2011 11-117 224251 7/29/2011 010737 INTERWEST DEVELOPMENT NW INC, 6/28/2011 79273 6/30/2011 79296 7/7/2011 79440 7/13/2011 79479 224252 7/29l2011 012927 IRON MOUNTAIN INFORMATION MGMT, 7/18/2011 DUT8709 224253 7/29/2011 005656 JIM'S DETAIL SHOP, 7/15/2011 13600F 224254 7l29/2�11 010838 JOHNSON, STEPHEN G 7/8/2011 JULY 8, 2011 224255 7/29/2011 004770 KENYON DISEND, PLLC, 6/30/2011 14795 224256 7/29/2011 011736 KIM, CHUL JOON 7/15/2011 07/15/ I 1 7/12/2011 07/12/11 7/19/2011 07/19/11 224258 7/29l2011 009001 KING COUNTY D.O.T., 6/30/2011 60167 224259 7/29/2011 000125 KWG COUNTY FINANCE DIVISION, 6/21 /2011 1618510 7/7/2011 1620568 224260 7l29/2011 005568 KING COUNTY FLEET ADM DIVISION, 7/11 /2011 205415 224262 7/29/2011 011578 KOHLER, MAILE 7/18l2011 959347 224263 7/29l2011 009492 KPC� INC, 7!7/2011 20911 224265 7/29/2011 000096 LAKEHAVEN UTILITY DISTRICT, 7/15/2011 2781401 7/15/2011 2798301 7/15/2011 2830801 7/15/2011 3042401 7/15(2011 3341801 7/15/2011 3341901 7/15/2011 3519201 7/S/2011 101103 7/8/2011 2573402 7/8/2011 2913103 7/8/2011 2913103 7/8/2011 2922203 7/8/2011 2922503 7/8/2011 2926402 7/8/2011 2926402 7/8/2011 2926501 7/8/2011 2926501 7/8/2011 2957001 7/8/2011 2961401 7/8/2011 3050801 7/8/2011 3075201 7/8/2011 3075201 7/8/2011 3075301 7/8/2011 3075301 _ 7/8/2011 3075401 7/8/2011 3075401 7/8/2011 3238401 7/8/2011 3266301 7/8/2011 3336201 7!8/2011 3336301 Invoice Description PKM-MUTT MITT SINGLES- MGWTERPRETER SVC PKM-SOIL-TURF BLEND- PKM-SOIL-TURF BLEND- SWM-ROCK FOR OUTFALL @ 1SW 296 PKM-SOIL-TURF BLEND- HRCK-06l11 BOX STORAGE SVC AG9 PWFLT-FULL DETAIL WASH MO-CONFLICT DEFENDER SVC AG11- LAW-PSA LEGAL SVC AG10-037- MC-INTERPRETER SVC MC-INTERPRETER SVC MC-INTERPRETER SVC PWTR-COMMUTE TRIP REDUCTION AG PD-OS/11 KING CO. PRISONER LOD PWST-DE-ICER STORAGE @ KING CO PWST-STREET BROOMS, MOWER BELT PRCS-RWB CONCESSIONS DEPOSIT R PWST-HOV IV ENGINEERING SVC AG PKM-03-OS/11 2501 349TH PL SW PKM-03-O5/11 32800 14TH PL SW PKM-03-OS/11 2700 340TH PL SW PWST-03-05/11 2500 336TH ST #3 PWST-04-OS/11 35826 16THAVE S PWST-04-05/11 1559 S 356TH ST PWST-04-O5/11 35601 21 ST AVE # PKM-03-OS/11 630 356TH ST #101 PKM-03-OS/11 34800 14 PL SW #2 PKM-03-O5/11 33325 8TH AVE S# PKM-03-O5/11 33325 8TH AVE S# PKM-03-O5/11 33325 8TH AVE S# PKM-03-OS/11 33325 8TH AVE S# PKM-03-OS/11 33914 19TH AVE SW PKM-03-O5/11 33914 19TH AVE SW PKM-03-OS/11 33914 19TH AVE SW PKM-03-05/11 33914 19TH AVE SW PKM-03-05/11 1095 324TH ST S# PWST-03-O5/11 34727 PAC HWY S PKM-03-OSl11 1095 324TH ST S# PKM-03-OS/11 1095 324TH ST S# PKM-03-OS/11 1095 324TH ST S# PKM-03-OS/11 1095 324TH ST S# PKM-03-O5/11 1095 324TH ST S# PKM-03-O5/11 1095 324TH ST S# PKM-03-OS/11 1095 324TH ST S# PWST-03-OS/11 32001 PAC HWY S PKM-03-OS/11 1540 SW 356TH ST# PWST-03-OS/11 32409 PAC HWY S PWST-03-05/11 32402 PAC HWY S Page 5 of 29 Amount Check Total 1, 236.79 1, 236.79 1, 800.00 1, 800.00 351.19 130.68 68.45 39.42 112.64 2, 944.39 2,944.39 136.88 136.88 562.50 562.50 64.00 64.00 300.00 100.00 100.00 100.00 4,893.61 4, 893.61 91,159.49 90,559.49 600.00 311.92 311.92 125.00 125.00 15,644.84 15,644.84 12, 318.93 19.72 19.72 19.72 19.72 19.72 19.72 19.72 19.72 19.72 540.23 346.53 10.74 19.72 153.98 5528 163.25 62.27 19.72 19.72 646.92 289.94 238.42 116.90 27.32 141.62 59.86 19.72 19.72 19.72 19.72 Bank of America Check No. Date Vendor Irn Date Imoice 7!8l2011 3383601 7/8/2011 3383701 7/8/2011 3405101 7/8/2011 3405101 7/8/2014 3461301 � 7B/2011 3461301 7/S/2011 347420? 7/8/2011 3474301 7/8/2011 3499201 7/8/2011 3513001 7/8/2011 3518001 7/8/2011 3541001 7/8/2011 3552401 7/8/2011 3563701 7!8/2011 3568201 7/8/2011 99902 224266 7f29/2011 012938 LAKESIDE SCHOOL, 7/1 /2011 951105 224267 7/29/2011 012944 LANDON, DAVID 7/19/2011 959955 224268 7/29/2011 011908 LARSEN SIGN CO., 7/5/2011 12983 224269 7/29/2011 701196 LECKBAND, BETTY L 7l13/2011 956771 224270 7/29/2011 006144 LEGEND DATA SYSTEMS INC., 6/10/2011 84062 224271 7/29/2011 003157 LES SCHWAB TIRE CTRS OF WA INC, 5123/2011 469031 5/26/2011 469281 6/25l2011 471258 224272 7/29/2011 011909 LEXISNEXIS RISK, 6/30/2011 1470204-20110630 6/30/2011 1470204-20110630 224273 7/29/2011 000630 LLOYD ENTERPRISES INC, 6/22/2011 151403 6/23/2011 151438 224274 7/29/2011 005339 LOWE'S HIW INC, 7/6/2011 02288 7/13/2011 02428 6/30l2011 02284 7/14/2011 02548 7/21 /2011 02633 224275 7/29/2011 001004 MAILMEDIA DBA IMMEDIA, 7/28/2011 61653PA 224276 7/29/2011 009433 MAKSIMOV, YURI 7/15/2011 07/15/11 7/13l2011 07/13/11 7/12I2011 07/12/11 224277 7/29l2011 012947 MALONEY, MARTIN 7/20/2011 05-04635 REFUND 7/20/2011 OS-04635 REFUND 224278 7/29/2011 011811 MATTIX, SAMUEL A 7/12/2011 07/12/11 224279 7/29/2011 004182 MCDONOUGH 8 SONS INC, 7/10/2011 175223 224280 7/29/2011 005176 MERINO STRAWE, BETTY 7/12/2011 07/12/11 7/19/2011 07/19/11 224281 7/29/2011 001793 MICROFLEX INC, 7/6/2011 00020078 7I1 /2011 00020066 224282 7/29/2011 012823 MILES RESOURCES LLC, PWST-03-OS/11 33300 PAC HWY S PWST-03-05l11 32500 PAC HWY S PKM-03-OS/11 600 S 333RD ST #3 PKM-03-OS/11 600 S 333RD ST #3 FWCC-03-OS/11 876 S 333RD ST # FWCC-03-O5/11 876 S 333RD ST # FWCC-03-OS/11 876 S 333RD ST # FWCC-03-O5/11 876 S 333RD ST # PKM-03-OS/11 222� S 333RD ST#3 PWST-03-05/11 33647 20TH AVE S PWST-03-O5111 35205 PAC HWY #3 PWST-03-OS/11 930 348TH ST S# PWST-03-O5/11 35503 PAC HWY S PWST-03-OS/11 101 S 348TH IP3 SWM-03-OS/11 1026 S 351ST ST#3 PKM-03-OS/11 411 348TH ST S#9 PRCS-DAMAGE DEPOSIT SMITH-GARD PRCS-RWB CONCESSIONS DEPOSIT R PD-REMOVE LETTERING & NUMBERS PRCS-CAMP TRIP REFUND LECKBAND PD-BADGE HOLDERS PWFLT-TIRE REPAIR PWFLT-TIRE REPAIR PWFLT-TIRE REPAIR PD-O6/11 LEXIS NEXIS SVC PD-06/11 LEXIS NEXIS SVC SWM-MIXED CONCRETE PKM-3 WAY TOPSOIL PKM-FAN & THERMOMETER CP PUMP PKM-PLAYGROUND REPAIR SUPPLIES DBC-WINDOW BLIND PULLEYS SWR-TRASH BAGS PWST-WELDING GLOVES, SMART STR PRCS-FALL REC BROCHURE POSTAGE MC-INTERPRETER SVC MC-INTERPRETER SVC MC-INTERPRETER SVC CD/PW-OS-04635 MALONEY UP111 N CD/PW-OS-04635 MALONEY UP111 N MC-INTERPRETER SVC CHB-07/11 PARKING LOT CLEANING MC-INTERPRETER SVC MC-INTERPRETER SVC FI-06/11 TAX AUDIT PROG. FI-07/11-06/12 TAX AUDIT PROG. Page 6 of 29 Amount Check Total 19.72 19.72 45.40 27.32 2,692.92 5, 219.62 19.72 10.74 19.72 19.72 696.43 19.72 19.72 280.24 19.72 19.72 1, 000.00 1, 000.00 125.00 125.00 393.48 393.48 110.00 110.00 � 95.25 19825 72.78 19.40 25.46 27.92 470.85 235.43 235.42 399.26 365.10 34.16 329.74 19.13 13.07 86.03 65.61 145.90 5,346.21 5,346.21 377.50 100.00 140.00 137.50 975.50 64.00 911.50 232.00 232.00 106.36 106.36 275.00 175.00 100.00 1, 353.96 66.37 1, 287.59 417.70 Bank of America Check No. Date Vendor Inv Date Invoice Description 7/7/2011 210305 PWST-ASPHALT MIX 7/12/2011 210480 SWM-SW 320TH/7TH CB REBUILD- 7/12/2011 210547 PWST-ASPHALT- 224283 7/29/2011 008029 MONTES DE OCA RICKS, MARIA 7/12/20t 1 07l12/11 MC-INTERPRETER SVC 7/20/2011 07/20/11 MGINTERPRETER SVC 224284 7/29/2011 009689 MORGAN SOUND, INC, 6/27l2011 MSI64288 IT-MC INTAVO-A2 F STEREO ADUIO 6/27/2011 MSI64288 IT-MC MISC PATCH CABLE 6/27/2011 MSI64288 IT-MC INSTALLATION LABOR 6/27/2011 MSI64288 IT-MC SERVICE CALL 6/27/2Q11 MSI64288 IT-MC ELECTRONIC REPAIR PART 6l27/2011 MSI64288 IT-MC ELECTRONIC REPAIR LABOR 6/27/2011 MSI64288 Freight 224285 7/29/2011 005004 MORRIS HANSEN ENTERPRISES INC, 6/30/2011 32212 DBC-WINDOW CLEANING SVCS 224286 7/29/2011 012949 MOSLEY, WREN 7/20/2011 960714 PRCS-1 WEEK DAYCAMP MOSLEY 7/20/2011 960715 PRCS-DAY CAMP REFUND MOSLEY 7l11/2011 960710 PRCS-1 WEEK DAY CAMP REFUND 224287 7/29l2071 011582 MURPHY, GREG 7/18/2011 959346 PRCS-RWB CONCESSIONS DEPOSIT R 224288 7/29/2011 000955 MUTUAL MATERIALS COMPANY, 7/11/2011 793504 SWM-CEMENT AND MORTAR- 224289 7/29/2011 000043 NEW LUMBER & HARDWARE COMPANY, 7/11/2011 256570 PKM-NITRILE TOUGH GLOVES 7/13/2011 256663 PKM-STLK REPAIR IRRIGATION 7/12/2011 256603 PKM-WEEDEATER LINE, TWIST NOZZ 7/7/2011 256500 PKM-KICKDOWN STOP 7/7/2011 256502 PKM-INSTALL SOCCER NETS 6/23/2011 256123 PKM-MASONRY BIT & HOOKS 6/17/2011 256006 PWST-CONCRETE FORM 6l17/2091 256012 PKM-PLASTIC TUBE KIT & LID 6/2/2011 255593 PKM-WHITE CALBE TIES 4/18/2011 254452 SWM-TORX SOCKET SET 7/20/2011 256841 PWST-UNIVERSAL JOINT 6/26/2011 256196 FWCC-SPLIT LOCKWASHER 6/29/2011 256263 FWCGCEDAR BOARDS 7/14/2011 256687 PKM-YELLOW JACKET FOAM, HARDWA 224290 7l29/2011 012758 NIX, VIEGNKHAM S. 7/19/2011 07/19/11 MC-INTERPRETER SVC 224291 7/29/2011 001391 NORTH COAST ELECTRIC COMPANY, 7/12/2011 S4063245.001 SWM-EQUIP FOR INSPECT. TRAILER 224292 7/29/2011 011857 NORTHWEST GATE &ACCESS CONTROL, 7/5/2011 4762 CHB-GATE REPAIR- 224293 7/29/2011 003736 NORTHWEST TOWING INC, 6/25/2011 404989 RM-PS6273 RSK# 11-03-091-682 - 6/9/2011 404950 PD-VEHICLE TOW CASE 11-6871 6/3/2011 404954 PD-VEHICLE TOW SVC 224294 7/29/2011 004292 O�YMPIC SECURITY SERVICES INC, 6/30/2011 SI+0025307 MC-06/11 COURT SECURITY AG09-1 224295 7/29/2011 007444 ORCA PACIFIC INC, 6/30/2011 050211 FWCC-POOL CHEMICALS SVC AG10-1 6/16/2011 049885 FWCC-POOL CHEMICALS SVC AG10-1 6/23/2011 050061 FWCC-POOL CHEMICALS SVC AG10-1 7/7/2011 050330 FWCC-POOL CHEMICALS SVC AG10-1 224296 7/29/2011 004313 OTTO ROSENAU & ASSOCIATES WC, 7/12l2011 47106 PWST-ASPHALT TESTING- 224297 7l29/2011 007178 PACIFIC PLUMBING SUPPLY CO LLC, 6/24l2011 08213912 PARKS-LAKOTA RESTROOM FIXTURES 6l24/2011 08213912 PARKS-LAKOTA RESTROOM FIXTURES 6/24/2011 08213912 PARKS-LAKOTA RESTROOM 6l24/2011 08213912 PARKS-LAKOTA RESTROOM Page 7 of 29 Amount Check Total 152.36 109.26 156.08 200.00 100.00 100.00 728.18 131.40 27.38 76.65 328.50 65.70 82.13 16.42 317.00 317.00 288.00 100.00 138.00 50.00 125.00 125.00 49.60 49.60 478.66 6.39 12.77 21.65 31.49 25.60 41.92 3.12 4.81 10.83 14.77 10.83 4.76 241.81 47.91 200.00 200.00 105.90 105.90 1, 023.83 1, 023.83 531.36 143.72 193.82 193.82 2, 559.78 2,55978 2,787.89 928.91 576.68 635.05 647.25 1,433.80 1,433.80 9,069.20 4,234.92 1, 737.40 1,164.06 1.713.82 Bank of America Check No. Date Ven Inv D ate Invoice fi/24/2011 08213912 224298 7/29/2011 006440 PAPE MAGHINERY INC, 6/27/2011 6667119 224299 7/29l2011 001814 PARAMETRIX INC, 6/13/2011 16-62249 224300 7/29/2011 012948 PARIS, JEANNE 7/20/2011 960713 224301 7/29/2011 010580 PETTY CASH - MO, 7/19l2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19l11 7/19l2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19l11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 7/19/2011 MO-07/19/11 224302 7/29/2011 007059 PHELPSTIRE CO, 6/22/2011 814277 224303 7/29/2011 003537 PIERCE COUNTY SECURITY INC, 7/7l2011 227814 7/7/2011 227869 7/7/2011 227918 7/7/2011 227970 7/7/2011 227972 7/7/2011 228018 7/7/2011 228021 7/7/2011 228086 224304 7/29/2011 009791 PIRTEK KENT, 7/18/2011 S1518300.001 7/14/2011 S1517042.001 224305 7/29/2011 010647 PRECISION COLLISION, 7/8/2011 61366 7/8/2011 61366 224306 7/29/2011 012361 PROVIDENCE COMMUNITY, 6/30/2011 JUNE 30, 2011 A 6/30/2011 JUNE 30, 2011 224307 7/29/2011 000512 PUGET SOUND BUSINESS JOURNAL, 5/6/2011 I NV0002985 224308 7/29l2011 000051 PUGET SOUND ENERGY INC, 7/8/2011 131-066-1002 7/18/2011 250-275-0389 7/ 18/2011 250-275-0389 7/ 18/2011 004-919-1000 224309 7/29/2011 008649 QUALITY WATER SERVICES, 6/30/2011 72925 224310 7/29/2011 007837 QUARTERMASTER, 7/12/2011 P666550801023 224311 7/29/2011 005508 SAFAROVA-DOWNEY, ALMIRA 7/13/2011 07/13/11 224312 7/29/2011 003174 SAN DIEGO POLICE EQUIPMENT CO, 6/21/2011 597988 224313 7l29/2011 011764 SBS LEASING PROG. OF DE LAGE, , 7/9/2011 10046507 Description PARKS-LAKOTA RESTROOM FIXTURES PWFLT-COUPLER & OIL PWST-HOV PH IV CONSTRUCTION MG PRCS-PICNIC CANCELLATION PARIS PW-WILLAPPLETON FCD MTG PW-LUTC REFRESHMENTS PRCS-WELL HOUSE REPAIRS CD-OFFICE SUPPLIES CC-DINI DUCLOS RPC MTG SEATTLE CC-DINI DUCLOS RPC MTG SEATTLE CC-M PARK KC FLOOD CONTROL MTG PRCS-PUMP HOUSE REPAIRS CDED-DOHERTY ENTERPRISE SEATTL PW-LUTC REFRESHMENTS CGKOCHMAR SCA MTG, PORT OF SE CC-LINDA KOCHMAR GOOD EGGS BRE HR-K. ROE 04/11-07/11 COUNGL PW-LUTC REFRESHMENTS CC-DUCLOS REG POLICY COUNCIL CC-DUCLOS RPC MTG LAW-CANDICE DUCLOS MUKAI DEPOS PWFLT-NEW TIRES PKM-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 CHB-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 PKM-PARK CLOSING/SECURITY AG11 PWFLT-REPAIR QUICK CONNECT PWST-MAINT & REPAIR SVC RM/PD-TRANSPORT VAN 11-03-091- RM/PD-TRANSPORT VAN 11-03-091- PD-06/11 WORK CREW SCREENING PD-06/11 SCRAM, EM BASIC - IND CDED-RFQ CITY CNTR DEVELOP. LE PWTR-06/11 NON-METERED ELECT PWTR-06/11 106 SW CAMPUS DR- PWTR-06/11 106 SW CAMPUS DR- SWM-06/11 2101 324TH STORAGE E DBC-WATER COOLER RENTAL PD-WOOL CAPS MC-INTERPRETER SVC PD-SWAT DUTY AMMO IT-07/11 CD COPIER RPR, MNT, S Page 8 of 29 Amount Check Total 219.00 126.40 126.40 72,372.58 72,372.58 80.00 80.00 16.00 5.00 99.52 55.73 23.97 29.28 34.88 47.24 26.00 3.58 50.03 15.00 9.75 11.87 24.42 29.28 24.00 235.96 150.00 269.40 150.00 269.40 150.00 175.00 150.00 150.00 95.58 262.13 878.15 88.95 150.00 6,420.00 204.00 15,781.40 55.51 66.47 312.10 27.37 27.00 280.00 3,253.02 109.92 505. SS 235.96 1,463.80 357.71 967.10 6,570.00 204.00 16,215.48 27.32 27.00 280.00 3,253.02 109.92 Bank of America Check No. Date Vendor Inv Date Invoice 224314 7/29/2011 010523 SBS OF AMERICA, 7/1/2011 27156 7/1/2011 27157 224315 7l29/2011 005417 SCARFF FORD, 7l14/2011 C84775 224316 7/29/2011 012524 SEATTLE PACIFIC UNIVERSITY, 7/1/2011 20111NST3 224317 7/29/2011 000055 SEATTLE TIMES, 6/15/2011 1010553001 6/12/2011 1009663001 6/8/2011 1007397001 224318 7/29/2011 000351 SEATTLE TIMES, 6/28/2011 001101638 224319 7l29/2011 012932 SELLARS ELECTRIC, 7/11/2011 11-102361 REFUND 224320 7/29/2011 011577 SONGCUAN, KRISTEN 7/18/2011 859350 224321 7/29/2011 004963 SOUND PUBLISHING INC, 6/30/2011 388170 6/30/2011 388170 6/30/2091 388170 6/30/2011 388170 6/30/2011 388170 224322 7/29/2011 004963 SOUND PUBLISHING INC, 6/13/2011 501252 224323 7/29/2011 004963 SOUND PUBLISHING INC, 6/18/2011 498709 224324 7/29/2011 004963 SOUND PUBLISHING INC, 6/30/2011 438109 224325 7/29/2011 001885 SPARKS CAR CARE, 6/27/2011 28190 6/27/2011 28191 6/28/2011 28199 7l15l2011 28306 6l14/2011 28109 6/8/2011 28081 7/8/2011 28266 7/8/2011 28271 7/8/2011 28271 7/11l2011 28275 7/13/2011 28294 7/12/2011 28278 7/18/2011 28311 7/18/2011 28312 7/18/2011 28316 7/18/2011 2831 S 7/19/2011 28305 7/19/2011 28326 7/19/2011 28333 224326 7/29/2011 004701 SPRINT, 7/18/2011 796588811 224327 7/29/2011 003735 ST FRANCIS HOSPITAL, 2/24/2011 607268564 224328 7/29/2011 009862 ST. JOSEPH MEDICAL CENTER, 1/23/2011 J1102302666 224329 7/29/2011 012953 STRINGFELLOW, MIGA 7/11 /2011 07/11l11 224330 7/29/2011 005738 SUNBIRDS SHOPPING CENTER, 7/16/2011 102023 224331 7/29/2011 007710 SUPERIOR LINEN SERVICE, 7!4l2011 72941 7l18/2011 576340 Description DBG06/11 JANITORIAL SVC AG10- DBGJANITORIAL SVC AG10-041- PD-REPAIR REAR LEFT DOOR SWM-SALTWATER ALGAE PROGRAM- HR-06/11 EMPLOYMENT AD HR-06/11 EMPLOYMENT AD HR-06/11 EMPLOYMENT AD PRCS-NEWSPAPER SUBCRIPTION CD-11-102361 REFUND OVERPAY PRCS-RWB CONCESSION DEPOSIT RE FWCC-FLYER PRINT & INSERT FWCC-WINNER CIRCLE AD FWCC-WINNER CIRCLE AD FWCC-FATHER'S DAY AD FWCC-WEB BANNER AD PRCS-SPRING SUMMER 2011 BROCHU IT-NVR RFP LEGAL AD HRCK-06/11 WEBPAGE ADVERTISING PD-MOUNT/BALANCE FRONT TIRE PD-INSTALL A/C BLOWER MOTOR PD-OLF PD-OLF PD-INSPECT TPMS LIGHT ON & ADV PD-REPAIR TIRE PD-WIPER BLADES, SAFETY WSPEC PD-OLF, MOUNT & ALIGN TIRES PD-OLF, MOUNT & ALIGN TIRES PD-OLF, MOUNT/BALANCE TIRES PD-TIRE REPAIR PD-OLF, WIPERS, BRAKE PADS PD-REPAIR LEFT REAR TIRE PD-OLF PD-OLF PD-OLF PD-OLF, PIPE & HOSE OEM PD-OLF, LIGHT BULB, SCAN TPMS PD-REPAIR TIRE IT-07/11 DATA CELLULAR PD-02/11 PRISONER MED TREAT PD-01/11 PRISONER MED TREAT MC-INTERPRETER SVC PWST-BOOT ALLOW. WESSEL- DBC-LINEN SERVICE DBGUNEN SERVICE Page 9 of 29 Amount Check Total 3,078.60 2,940.00 138.60 768.84 768.84 14,847.66 14,847.66 676.95 100.56 301.39 275.00 36.00 74.50 125.00 2,856.03 80.00 125.00 2,225.00 275.00 36.00 74.50 125.00 5, 561.03 1,203.35 149.96 138.00 1424 162.20 34.98 34.99 32.85 Z 1.90 53.10 89.74 28.47 168.58 14.24 170.70 21.90 34.98 56.89 39.23 725.78 89.52 14.24 2, 91927 2,747.67 2,878.21 125.00 152.15 46.45 74.84 1, 203.35 149.96 138.00 1, 808.53 2, 91927 2,747.67 2,878.21 125.00 152.15 335.11 Bank of America Check No: Date Vendor Inv Date Invoice 7/18/2011 75885 7l11 /2011 74402 7/4l2�11 S73565 224332 7l29/2011 002521 SUPERLON PLASTICS INC, 7l11 /2011 11 F 1907 6/28/2011 11 F 1732 224333 7t29/2011 012946 SURF SHACK ESPRESSO, 7/18/2011 959348 224334 7/29l2011 009523 SYSTEMS FOR PUBLIC SAFETY, 7/12J2011 16514 7/12J2011 16847 7/12/2011 16848 7/1 /2011 16807 6/29/2011 16770 7/15/2011 16895 224335 7/29/2011 000588 TACOMA PUBLIC UTILITIES, 6/29/2011 100673510 224336 7/29/2011 012941 TAUBENHEIM, BRENDA 7/13/2011 956569 224337 7/29/2011 010525 TEST AMERICA LABORATORIES, 7/19/2011 58065853 224338 7/29/2011 012165 THE BANK OF NEW YORK MELLON, 6/28/2011 111-1480870 224339 7/29l2011 006033 THE FAB SHOP LLC, 7/11 /2011 16748 224340 7/29/2011 004218 TIMCOINC, 7/8/2011 214220 7/18I2011 214505 224341 7/29/2011 011048 TIROUX, LINDSEY 7/29l2011 TIROUX 2011 224342 7/29/2011 007381 TOM MATSON DODGE, 7/13/2011 DOCS354887 7/6/2011 DOCS354467 224343 7/29/2011 012905 TRAGHETTATORE ENTERPRISES LLC, 7/19/2011 2011-3008 224344 7/29/2011 011786 TREEHOUSE, 7/26/2011 961929 7/22/2011 961736 7/22/2011 961737 7/22/2011 961738 7/22/2011 961739 7/22/2011 961740 7/22/2011 961741 7/22/2011 961742 7/22/2011 961928 224345 7/29/2011 008902 TRI-CITY MEATS, 7/6/2011 247137 7/6/2011 247138 7/12/2011 247377 224346 7/29/2011 005549 TRINH, JAMES 7/18/2011 07/18/11 224347 7/29/2011 003766 TUCCI & SONS INC, 7/8/2011 AG11-066#2 7/8/2011 AG11-066#2 6/21/2011 42494 224348 7l29/2011 012931 UNGER CONSTRUCTION CO, 7/11/2011 11-101827 REFUND 224349 7/29/2011 002426 UNITED GROCERS CASH & CARRY, 7/10/2011 185407 7/9/2011 184992 7/9/2011 185095 7/12J2011 185810 Description DBC-LINEN SERVICE DBC-LINEN SERVICE DBGLINEN SERVICE SWM-REPAIR AND MANTENANCE SUPP SWM-SHRINK WRAP- PRCS-RWB CONCESSIONS DEPOSIT R PD-REMOVE EMERGENCY EQUIP PD-INSTALL IDLE RIGHT SYSTEM PD-REPLC STROB-LEFT TAIL LIGHT PD-REPLACE WHEEL BEARING PD-SPARK PLUGS, DISTRIBUTOR, F PD-BATTERY BRAIN PKM-OS/11-06/11 PALISADES IRRI PRCS-PRESCHL CAMP REFUND SWM-WATER QUALITY TESTING- FI-06/11-06/12 TAX BONDS ADMIN PWFLT-REPAIR MOWER DECK PWST-HYD HOSE & CRIMPS PWST-BOSS ORING PD-IDENTIFY MARIHAUANA TRNG TI PD-SPARK PLUGS PD-REPLC MDS WIRING HARNESS CDED-BUDS 8 BLOOMS PLANNER- PRCS-TREEHOUSE SPONSORED REFUN PRCS-TREEHOUSE SPONSORED REFUN PRCS-TREEHOUSE SPONSORED REFUN PRCS-TREEHOUSE SPONSORED REFUN PRCS-TREEHOUSE SPONSORED REFUN PRCS-TREEHOUSE SPONSORED REFUN PRCS-TREEHOUSE SPONSORED REFUN PRCS-TREEHOUSE SPONSORED REFUN PRCS-TREEHOUSE SPONSORED REFUN DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES MC-INTERPRETER SVC PWST-2011 OVERLAY AG 11-066- P WST-2011 OV E R LAY AG 11-066- PWST-SUPERPAVE ASPHALT- CD-11-101827 S/B ELECT NOT MEC DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES Page 10 of 29 Amount Check Total 65.83 21.52 126.47 827.33 548.07 279.26 125.00 125.00 2, 355.13 355.77 862.80 44.47 345.18 531.72 215.19 631.56 631.56 75.00 75.00 250.00 250.00 302.57 302.57 464.53 464.53 35.39 33.07 2.32 115.00 115.00 914.12 345.81 568.31 937.50 10.00 35.00 35.00 45.00 45.00 90.00 45.00 45.00 45.00 308.76 815.85 258.85 100.00 846,027.77 -42, 301.39 356.76 527.53 937.50 395.00 1, 383.46 100.00 804,083.14 527.53 2.154.01 161.62 52.62 14.94 209.68 Bank of America Check No. Date Vendor Inv Date Invoice 7/11 /2011 185536 7/18/2011 187630 7/16/2011 167066 7/17/2011 187405 7/13/2011 186084 7/13/2011 186119 7/13/2011 186119 7/6/2011 183979 7/7/2011 184277 7/8/2011 184605 6/30l2011 182082 7/22/2011 182603 7!5/2011 183796 7/3/2011 183218 7/4l2011 183511 7/ 1 /2011 182366 7/15/2011 186728 7l15/2011 186829 7/15/2011 186829 7/15/2011 186903 7/14/2011 186371 224350 7/29/2011 003837 UNITED PARCEL SERVICE, 7/9/2011 0000 F6588V281 224351 7/29/2011 010489 UNITED STATES POST OFFICE, 7/12l2011 JULY12, 2011 224352 7/29/2011 001146 USSSA/SLO-PITCH SOFTBALL ASSOC, 7/12/2011 398 224353 7/29/2011 003563 VALLEY COMMUNICATIONS CENTER, 7/6/2011 0012294 7/6/2011 0012317 7/5/2011 0012282 224354 7/29/2011 001124 VERIZON WIRELESS, 7/13/2011 0994765520 224355 7/29/2011 012337 VUEWORKS INC, 7/1/2011 119 224356 7/29/2011 007607 WA CITIES INSURANCE AUTHORITY, 7/6/2011 JULY 6, 2011 7/6/2011 JULY 6, 2011 7/6/2011 JULY 6, 2011 7/6/2011 JULY 6, 2011 7/7/2011 FW-127 7/6/2011 JULY 6, 2011 224357 7/29/2011 003528 WA STATE CRIMINAL JUSTICE, 7/13/2011 2011-1366 224358 7/29/2011 004258 WA STATE DEPT OF LICENSING, 7/14/2011 JULY 14, 2011 224359 7/29/2011 000253 WA STATE DEPT OF TRANSPORTATN, 7/12/2011 RE-313-ATB10712059 7/12/2011 RE-313-ATB10712059 224360 7/29/2011 000253 WA STATE DEPT OF TRANSPORTATN, 7/12/2011 RE-313-ATB10712087 224361 7/29/2011 003825 WA STATE DEPT OF TRANSPORTATN, 7/12/2011 RE-313-AT810712050 224362 7/29/2011 000280 WA STATE EMPLOYMENT SECURITY, 7/13/2011 11-77584-R D U-J6 224363 7/29/2011 004752 WA STATE LABOR & INDUSTRIES, 7/28/2011 2ND QTR 2011 7/28/2011 2ND QTR 2011 7/28/2011 2ND QTR 2011 7/28/2011 2ND QTR 201 I 7/28/2011 2ND QTR 2011 7/28/2�11 2ND QTR 2011 7/28/2011 2ND QTR 2011 Description DBGCATERING SUPPLIES DBGCATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBGCATERING SUPPLIES FWCC/PRCS-CLEAN WIPES. FRBREZE FWCC/PRCS-CLEAN WIPES, FRBREZE DBC-CATERING SUPPLfES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBGCATERWG SUPPLIES DBC-CATERING SUPPLIES PRCS-HOEDOWN DANCE SUPPLIES PRCS-HOEDOWN DANCE SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES PD-UPS DELIVERY SERVICE SWR-RECYCLE EVENT BROCHURE POS PRCS-SOFTBALL TEAM REGISTRATN PD-04/11-OS/11 LANGUAGE LINE U PD-Q2 2011 VALLEY COMM. ACCESS PD-07/11-08/11 EMER DISPATCH S ITlPD-06/11 BOMB SQUAD CELLULA SWM-ANNUAL SOFTWARE MAINTENANC LAW-RM GARNER DED;6-6-11 LAW-GARNER DED;7-6-11 LAW-B.DIXON DED-AUTO APP LAW-B.DIXON DED-AUTO; 6-30-11 HR-FLAGGER RECERTIFICATION TRN LAW-PERALTA-REYES DED;6-8-11 PD-INTERVIEW/INTERROGATION TRN PD-07/11 CPL FEES PW-WSDOT 06/11 MAINT/STATE ROU PW-WSDOT 06/11 MAINT/STATE ROU PWST-CONSTRUCTION INSPECTION- PWST-S. 320TH OFF RAMP CONSTRU PD-WORK HISTORY REPORT FIORINI FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS Page 11 of 29 Amount Check Total 24.03 3025 91.01 75.62 95.52 35.24 35.23 58.10 91.21 169.74 222.73 48.86 116.30 67.61 50.72 131.76 73.06 49.38 4.01 39.64 205.13 11.77 11.77 4,086.37 4,086.37 385.00 385.00 269,265.85 432.30 1,489.05 267, 344.50 43.01 43.01 3,946.45 3,946.45 16,130.61 9,656.31 4,006.83 100.00 1, 786.47 455.00 126.00 50.00 50.00 804.00 804.00 712.36 498.65 213.71 118.59 118.59 16,976.85 16,976.85 13.50 13.50 305.34 2.18 0.04 6.98 4.31 7.52 4.04 6.96 Bank of America Check No. Date Vendor Inv Date Invoice 7/28/2011 2ND QTR 2011 7/28/2011 2ND QTR 2011 7/28/2011 2ND QTR 2011 7/28/20I 1 2ND QTR 2011 7/28/2011 2ND QTR 2011 7/28/2011 2ND QTR 2011 7/28l2011 2ND QTR 2011 7/28/2011 2ND QTR 2011 7/28l2011 2ND QTR 2011 224364 7/29/2011 000851 WA STATE PATROL, 7/5/2011 111010439 7/5/2011 111010802 6/15/2011 00044321 224365 7/29/2011 012538 WA. DEPT OF CORRECTIONS, 6/30/2011 0611.6-11-KC WGH Q 224366 7/29/2011 006007 WALKER ACE HARDWARE, 7/1 /2011 005813 7/5/2011 005823 224367 7/29/2011 012954 WALLACE, BRIAN 7/21 /2Q11 961349 224368 7/29/2011 012940 WALLACE, PAM 7/13l2011 956570 224369 7/29/2011 000343 WASHDUP, LLC, 6l30/2011 97 224370 7/29/2011 012584 WASHINGTON TRACTOR INC, 7/14/2011 04 4017464 224371 7/29/2011 008646 WASHINGTON WORKWEAR LLC, 7/20/2011 360 224372 7/29/2011 012910 WEIS, ROBERT J. 7/21/20?1 4311 224373 7/29/2011 012952 WELSH, CHRISTIE 7l25/2011 WELSH 2O11 224374 7/29/2011 001241 WEST COAST AWARDS, 7/5/2011 49538 224375 7/29/2011 002038 WEST COAST BUSINESS GRAPHICS, 7/8/2011 23868 224376 7/29/2011 000173 WEST PAYMENT CENTER, 7/1 /2011 823072619 6/30/2011 823132821 224377 7/29/2011 000541 WESTERN EQUIPMENT DISTRIBUTORS, 6/30/2011 675487 224378 7/29/2011 001798 WESTERN PETERBILT INC, 6/30/201I FI8151 6/24/2011 F18185 224379 7/29/2011 002204 WILBUR-ELLIS COMPANY, 6/27/2011 5561690 224380 7/29/2011 005680 WILD WEST INTERNATIONAL LLC, 6/30/2011 6389 224381 7/29/2011 010639 WMS AQUATICS, 7/15/2011 11378 224382 7/29/2011 010161 WSSO ADVANCED TRAINING - 2011, 7/13/2011 ECKERT REGISTER 224383 7/29/2011 005545 YSIINCORPORATED, 7/8/2011 459415 7/8/2011 459415 7/8/2011 459415 7/8/2011 459415 224384 8/8/2011 000051 PUGET SOUND ENERGY INC, 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20l2011 PARKS 2011 �7 Description FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&i VOLUNTEER HRS FI-Q2 2011 L&f VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L81 VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS FI-Q2 2011 L&I VOLUNTEER HRS HR-06(11 BCKGRND CHECKS PD-07/11 STATE PATROL CPL FEES IT/PD-06/11 WSP ACCESS FEES PD-�6/11 WORK CREW AG10-166 PKM-PAINT SPRAYING SUPPLIES- DBC-LOUVER BLIND REPAIR- PRCS-ADJ ACCT B WALLACE PRCS-RENTAL DEPOSIT REFUND PD-06/11 CAR WASH SERVICE PWFLT-CLUTCH CABLES SWM-SAFETY SHIRTS- CDED-DEMOGRAPHIC BUSINESS ANAL FWCC-CHILD PASSENGER SAFETY TR PRCS-SUMMER DAY CAMP T-SHIRTS PD-LAMINATED ALARM PERMIT LABE IT/LAW-06/11 WEST LAW SVC PD-06/11 AUTO TRACKXP SVCS PWFLT-OIL FILTER PWFLT-REPLC BROKEN STUDS PWFLT-REPAIR THROTTLE PEDAL SWM-AGRICULTURAL SUPPLIES- PD-06/11 FIRING RANGE SERVICES PKM-STLK DOCK LADDER- PD-WSSO TRNG SUMMIT - S ECKERT FLEET-WATER QUALITY SENSOR REP FLEET-WATER QUALITY SENSOR REP FLEET-WATER QUALITY SENSOR REP FLEET-WATER QUALITY SENSOR REP PKF-07l11 SAC PARK RR FIELD LI PKF-07/11 1ST AVE & CAMPUS DR. PKM-07/11 2410 S 312TH BEACH R PKM-07/11 2410 S 312TH STORAGE Page 12 of 29 Amount Check Total 3.87 0.42 6.20 91.52 116.20 23.70 21.38 0.78 9.24 2,662.75 210.00 44275 2, 010.00 2, 025.00 2,025.00 37.33 19.69 17.64 67.29 67.29 500.00 500.00 822.92 822.92 185.72 185.72 65.63 65.63 1, 812.50 1,812.50 140.80 140.80 361.35 361.35 1,144.80 1,144.50 1,731.13 1,633.74 97.39 7.74 7.74 3,126.26 2,930.74 195.52 239.72 239.72 74.32 74.32 1, 520.77 1, 520.77 225.00 225.00 9,012.42 5,402.35 1, 812.67 1,558.08 239.32 55,722.91 2,086.51 25.91 231.23 14.04 Bank of America Check No. Date Vendor Inv Date Invoice 7/20/2011 PARKS 2011 07 7/20l2011 PARKS 2011 07 7120/2011 PARKS 2011 07 7l20/201 I PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20l2011 PARKS 2011 07 7I20/2011 PARKS 2011 07 7I20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/ZO/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20l2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 7/20/2011 PARKS 2011 07 224385 8/11/2011 001276 FEDERAL WAY COMMUNITY COUNCIL, 8l11/2011 301 224386 8/15/2011 000083 AARO INC DBA THE LOCK SHOP, 7/28/2011 75443 224387 8/15/2011 000332 ABC LEGAL MESSENGERS INC, 7/28/2011 MMFWA0006130021 7/28/2011 MMFWA0006130021 224388 8/15/2011 004895 ABOU-ZAKI, KAMAL 7/26/2011 07/26/11 224389 8/15/2011 004234 ABT TOWING OF FEDERAL WAY INC, 6/3/2011 7400 224390 8/15/2011 001856 ACTION SERVICES CORPORATION, 7/22/2011 69488 224391 8l15/2011 000568 AGRI SHOP INC, 7/22/2011 17440/1 224392 8/15/2011 000475 ALARM CENTERS/CUSTOM SECURITY, 3/22/2011 745423 7/21/2011 763829 224393 8/15/2011 012393 ALL SEASONS INC, 8/2/2011 11-103021/20 REFUND 8/2/2011 11-103021/20 REFUND 224394 8/15/2011 001285 ALPINE PRODUCTS INC, 7/29/2011 TM-117709 224395 8/15/2011 001110 AMAYA ELECTRIC, 7/25/2011 8397-6 224396 8/15/2011 010530 ARAMARK UNIFORM SERVICES, 8/2/2011 655-5687973 7/26/2011 655-5675896 224397 8/15/2011 012955 BENDER CHAFFEY CORPORATION, 7/29/2011 01-00911 REFUND 224398 8/15/2011 007336 BETHEL LUTHERAN CHURCH, 2/10/2011 32741 224399 8/15l2011 002645 BIRTH TO THREE DEVELOPMENT CTR, Description PKM-07/11 2410 S 312TH WOODSHO PKF-07l11 2645 S 312TH ANX-RR/ PKF-07/11 2645 S 312TH SEWER L PKF-07/11 2700 SW 340TH ALDERD PKF-Q7/11 28156 1/2 24TH HERIT PKF-07/11 31104 28TH AVE S HAU PKF-07/11 31104 28TH AVE S HAU PKM-07l11 31132 28TH AVE STLK PKM-07/11 31132 28TH AVE S STL PKM-07/11 31207 28TH AVE SKATE DBC/KFT-07/11 3200 SW DASH PT DBC/KFT-07/11 3200 SW DASH PT DBClKFT-07/11 3200 SW DASH PT DBClKFT-07l11 3200 SW DASH PT PKF-07/11 32730 17TH AVE SW AL CHB-07/11 33325 8TH AVE Z00453 PKF-07/11 33914 19TH AVE SAG F PKF-07/11 34915 4TH AVE MARKX PKF-07/11 34915 4TH AVE S PALI PKF-07l11 600 S 333RD EVID. BL PKF-07/11 600 S 333RD EVID BLD FWCC-07/11 876 S 333RD Z002806 FWCC-07/11 876 S 333RD 0008456 FWCC-07/11 876 S 333RD ST. LIG PKCP-07/11 S 324TH BLDG A- PKCP-07/11 S 324TH BLDG B- PKF-07/11 7TH AVE HISTORICAL S PKF-07/11 7TH AVE HISTORICAL S PKF-07/11 21ST AVE LAKOTA RR B PKF-07/11 2410 S 312TH STLK ST CDED-SAND SCULPTURE SPONSORSHI PWST-PADLOCK- LAW-MNTHLY SRV CHRG; 7-28-11 LAW-MNTHLY SRV CHRG; 7-28-11 MC-INTERPRETER SVC PD-VEHICLE TOW SVC PWST-2011 STREET SWEEPING SVC- PKM-MISC. HARDWARE PKM-ALARM SERVICES- PKM-ALARM SERVICES-- CD-11-103021/20 WA L&I JURISDI CD-11-103021/20 WA L81 JURISDI PWST-ASPHALT SEALER, SQUEEGEE PKM-ELECTRICAL SVC AG06-014- DBC-LINEN SERVICE DBC-LINEN SERVICE CD-01-00911 CHAFFEEY GROUSE PT DBC-RENTAL DEPOSIT REFUND Page 13 of 29 Amount Check Total 82.85 1, 539.92 1Q11 10.11 16.14 29.96 15.80 397.06 56.09 10.11 1, 299.47 640.04 220.56 108.63 10.11 11,677.77 3,296.53 12.70 10.11 489.85 85.44 17, 303.06 9,134 22 50.89 3,857.02 2,247.74 8.16 31.21 659.10 24.46 23,078.67 23,078.67 151.11 151.11 125.00 62.50 62.50 100.00 100.00 290.72 290.72 50.00 50.00 19.93 19.93 195.00 120.00 75.00 229.20 129.20 100.00 2,159.34 2,159.34 232.67 232.67 27.00 14.41 12.59 1, 600.00 1, 600.00 150.00 150.00 5,500.00 B of America Check No_ Date Vendor Inv Date Invoice 7/31/2011 2ND QTR 2011 224400 8/15/2011 001630 BLUMENTHAL UNIFORM CO INC, 7l21 /2011 889880 7/20/2011 889636 224401 8/15/2011 011289 BOWMAN, JASON 8/8/2011 JULY 2011 224402 8/15/2071 004919 BRATWEAR, 7/26/2011 320805 7/20/2011 320673 224403 8/15/2011 011649 BRODIE ENTERPRISES, INC, 7/14/2011 17324 224404 8/15/2011 000768 BSN SPORTS, 5/9/2011 94004374 224405 8/15/2011 000991 CASCADE COFFEE INC, 8/ 1 /2011 20649507 224406 8/15/2011 001003 CATHOLIC COMMUNITY SERVICES, 7/31/2011 2ND QTR 2011 7l31/2011 2ND QTR 2011 A 7/31/2011 2ND QTR 2011 A 224407 8/15l2011 012038 CERIUM NETWORKS INC, 8/1 /2011 022844 8/1 /201 t 022844 8/1 /2011 022844 224408 8l15/2011 007368 CHIEF SUPPLY CORPORATION, 7l15/2011 413923 224409 8/15/2011 000665 CHILD CARE RESOURCES, 7/31/2011 2ND QTR 2011 224410 8/15/2011 701822 CHILDREN'S HOME SOCIETY OF WA, 7/31/2011 2ND QTR 2011 224411 8/15/2011 007443 CITIES INSURANCE ASSO OF WA, 7/21/2011 7392 224412 8/15/2011 009959 CITY GLASS & UPHOLSTERY INC, 7/25/2011 49561 224413 8/15/2011 000951 CITY OF FEDERAL WAY, 8/2/2011 AG11-066 #3 7/26/2011 AG10.173 #2 7/20/2011 AG10.109 #13 224414 S/15/2011 004783 CITY OF RENTON, 7/15/2011 15 224415 8/15/2011 003752 COASTWIDE SUPPLY DBA, 7/15/2011 T2332904 7/12/2011 T2326943-1 7/12/2011 T2328612-2 7/6/2011 T2329916 7/20/2011 T2332904-1 6/20/2011 W2323847-1 7l26l2011 T2336040 7/26/2011 T2336281 7/29l2011 T2337472 224416 8/15/2011 007591 COMMERCIAL SPACE ONLINE INC, 8/1 /2011 75693 224417 8/15/2011 010910 COMMUNITIES IN SCHOOLS, 7/31/2011 2ND QTR 2011 7/31/2011 2ND QTR 2011 A 224418 8/15/2011 008445 COPIERS NORTHWEST INC, 7/28/2011 I N V560199 224419 8/15/2011 000771 COSTCO/HSBC BUSINESS SOLUTIONS, 7/26/2011 JULY 2011 7/26/2011 JULY 2011 7/26/2011 JULY 2011 7/26/2�11 JULY 2011 7/26l2011 JULY 2011 Description ASHS-Q2 20t t FAMILY SVC PROGRA PD-BOOTALLOW. JIMINEZ PD-BOOT ALLOW. LUBRANT FWCG07l11 PERSONAL TRAINER S PD-REPAIR G WELLS JUMPSUIT PD-REPAIR JUMPSUIT - BAKER FWCC-REFOAM EXERCISE EQUIP. PRCS-SLOW PITCH BATS HR-COFFEE & SUPPLIES FOR MEETI ASHS-Q2 2011 VOLUNTEER CHORE S ASHS-Q2 2011 EMERGENCY ASSIST. ASHS-Q22011 EMERGENCYASSIST. IT-08/11 PHONENOICE MAIL SYST IT-OS/11 PHONE/VOICE MAIL SYST IT-08/11 PHONE/VOICE MAIL SYST PD-FLASHLIGHT BULBS ASHS-QZ 2011 HOMELESS CHILD CA ASHS-Q2 2011 HEAD START PROG. LAW-MALLINGER DED; RM-PD; SWM-ATLAS HOLDER FOR TRUCK- PWST-2011 OVERLAY AG11-066- PWTR-PEDESTRIAN SAFETY PROJECT PWST-PAC HWY S HOV PH IV AG10. MO-SCORE INTERLOCAL AG09-159 2 CHB-JANITORIAL SUPPLIES PKM-JANITORIAL SUPPLIES DBC-JANITORIAL SUPPLIES PKM-JANITORIAL SUPPLIES CHB-JANITORIAL SUPPLIES FWCC-JANITORIAL SUPPLIES CHB-JANITORIAL SUPPLIES PKM-JANITORIAL SUPPLIES PKM-JANITORIAL SUPPLIES CDED-08/11 PROPERTY DATABASE S ASHS-Q2 2011 CIS RESOURCE SITE ASHS-Q2 2011 CIS MENTORING PRO IT-IR10251F COPIERS/PRINTERS M PD-PATROL SUPPLIES DBC-CATERING SUPPLIES PRCS-RWB PIZZA FOR STAFF PRCS-RWB CANOPY PRCS-RWB TRAIL MIX Page 14 of 29 Amount Check Total 5, 500.00 342.34 200.00 142.34 2, 919.25 2,919.25 163.00 120.92 42.08 229.95 229.95 481.57 481.57 52.00 52.00 5,178.79 2, 000.00 3,053.79 125.00 988.22 49.41 494.11 444.70 28.86 28.86 1, 528.23 1, 528.23 1, 750.00 1, 750.00 1, 547.00 1, 547.00 76.51 76.51 SZ,477.65 20,482.74 6,469.26 25,525.65 140,297.89 140,297.89 3,959.94 1, 053.76 281.16 84.70 206.17 288.26 155.28 69.86 1,529.04 291.71 100.00 100.00 5,000.00 2,500.00 2,500.00 147.58 147.58 2,768.15 733.21 629.76 467.06 43.78 249.75 Bank of America Check No. Date Ve Inv Date Invoice 7l26/2011 JULY 2011 7/26l2011 JULY 2Q11 7/26/2011 JULY 2011 7/26/2011 JULY 2011 7/26/2011 JULY 2011 224420 8/15/2011 004084 COUNTRY GREEN TURF FARMS, 4/29/2011 249775 224421 8/15/2011 009696 CRESTWOOD ANIMAL HOSPITAL, 7/29/2011 19380 7l22/2011 19282 224422 8/15/2011 000555 CRISIS CLINIC, 7/31/2011 2ND QTR 2011 A 7/31/2011 2ND QTR 2011 224423 8/15/2011 010015 CUTHBERT, GAIL 8/5/2011 JULY 2011 224424 8/15/2011 009505 D& L SUPPLY AND MFG., INC, 7l25l2011 269175 224425 8/15/2011 000854 D J TROPHY, 5/18l2011 231656 224426 8/15/2011 701985 DAWN, 7/31/2011 2ND QTR 2011 7/31/2011 2ND QTR 2011 B 7/31/2011 2ND QTR 2011 A 224427 8/15/2011 005341 DODD, ESCOLASTICA ROSA 7/26/2011 07/26/11 224428 8/15/2011 000939 DS WATERS OF AMERICA, LP, 6/23/2011 29241345236069 224429 8/15/2011 012964 DYERS, SEAN 7/29/2011 33563 224430 8/15/2011 012752 DYNAMIC FAMILY SERVICES, 8/1/2011 2ND QTR 2011 224431 8/15/2011 000570 EAGLE TIRE & AUTOMOTIVE (DBA), 8/11 /2011 44276 4/23/2011 1080490 4/23/2011 1080498 7/30/2011 1082035 7/30/2011 1082050 7/27/2011 1081974 7/25/2011 1081952 224432 8/15/2011 006177 EARL, SHARYN LYNN 7/27/2011 11002 224433 8/15/2011 008141 EAST JORDAN IRON WORKS INC, 7/12/2011 3377198 224434 8/15/2011 009021 EDWARDS, NOLAND A 8/3/2011 08/02/11 224435 8/15/2011 004344 EMERGENCY FEEDING PROGRAM, 8/1/2011 2ND QTR 2011 224436 8/15/2011 003911 ENTERTAINMENT FIREWORKS INC, 7/4/2011 20110733 224437 8/15/2011 001046 EQUIFAX CREDIT INFORMATION SVC, 7118/2011 6447577 224438 8/15/2011 000328 ERNIE'S FUEL STOPS (DBA), 7/31/2011 0360133 7/31 /2011 0360134 7/31/2011 0360134 224439 8/15l2011 001748 EVERSON'S ECONO-VAC INC, 7/31/2011 067601 224440 8/15/2011 011726 EWING IRRIGATION PRODUCTS, INC, 7l26l2011 3633040 7/26/2011 3633041 7/25/2011 3624189 7/19/2011 3600464 Description CGCOUNCIL DINNER PRCS-SPECIAL OLYMPICS AWARD NI PRCS-DAY CAMP JUICE, GOLD FISH PRCS-DAY CAMP BANANAS, PANCAKE PRCS-DAY CAMP RETURN PRODUCT PKM-TURF BLEND- PD-K9 CALEB MEDICAI CARE PD-K9 FAX MEDICAL CARE ASHS-Q2 2011 24 HOUR CRISIS LI ASHS-Q2 2011 TEEN LINK PROG AG FWCG07/11 PERSONAL TRNG SVCS PKM-GASKET CLOSET- PRCS-NAME BADGES ASHS-Q2 2011 CRISIS LINE SVC A ASHS-Q2 2011 CONTINUUM HOUSING ASHS-Q2 2011 COMMUNITY ADVOCAC MC-INTERPRETER SVC PRCS-WATERlCOOLER RENTAL DBC-RENTAL DEPOSIT DYERS ASHS-Q2 2011 CHILDREN-SPECIAL PWFLT-FLEET REPAIRSlMAINTENANC PWFLT-ELECT. REPAIR - FUSE PWFLT-BATTERY & WIPER BLADES PWFLT-REPAIR A/C COMPRESSOR PWFLT-OLF PWFLT-NEW TIRES PWFLT-BULB PRCS-FALL 2011 BROCHURE SWM-OVERLAY ADJUSTMENT RISERS- MC-INTERPRETER SVC ASHS-Q22011 HUNGER RELIEF PRO PRCS-FIREWORKS DISPLAY AG11-13 PD-06/11-07/11 CREDIT REPORTS PWFLT-7/15-7/31/11 FUEL CHARGE PD/SIU-7/15-7/31/11 FUEL CHARG PD-7/15-7/31/11 FUEL CHARGES SWM-07/11 MAINT/SERVICE AG08-0 PKM-FIELD MARKING CHALK- PKM-FIELD MARKING CHALK- PKM-ORYZALIN, GLYPHOSATE- PKM-TURF BUILDER- Page 15 of 29 Amount Check Total 68.90 35.98 422.59 155.08 -37.96 238.86 238.86 527.38 237.80 289.58 1,500.00 750.00 750.�0 2, 396.48 2,396.48 3528 35.28 79.39 79.39 6,750.00 500.00 5,000.00 1, 250.00 100.00 100.00 143.43 143.43 300.00 300.00 2,soo.00 2,soo.00 1, 819.27 -51.98 69.24 158.62 9 , 059.96 59.63 508.36 15.44 1, 530.00 1, 530.00 309.42 309.42 100.00 100.00 1, 250.00 1,250.00 16,000.00 16,000.00 41.13 41.13 23,823.59 7,842.90 673.86 15, 306.83 9, 041.36 9,041.36 2,628.81 326.18 81.54 282.13 504.01 Bank of America Check No. Date Vendor Inv Date Invoice 7/15/2011 3578924 224441 8/15/2011 007854 EXCEL SUPPLY COMPANY, 7/29l2011 53766 7/28/2011 53644 224442 8/15/2011 012942 FEDERAL WAY AUTO GLASS, 7/22/2011 1000797 7/21 /2011 1000796 7/25/2011 1000799 6l24/2011 1000776 224443 8/15/2011 002644 FEDERA� WAY BOYS & GIRLS CLUB, 7/31I2011 2ND QTR 2011 7/31/2011 2ND QTR 2011 224444 8/15/2011 000229 FEDERAL WAY CHAMBER COMMERCE, 8/1/2011 8176 224445 8/15/2011 000652 FEDERAL WAY COMMUNITY, 7/31/2011 2ND QTR 2011 7/31/2011 2ND QTR 2011 224446 8/15/2011 001183 FEDERA� WAY PUBLIC SCHOOLS, 7/13l2011 ARO 8249 224447 8/15/2�11 001893 FEDERAL WAY SCHOOL DISTRICT, 8/2/2011 SIF-JULY 2011 8/2/2011 SIF-JULY 2011 224448 8/15/2011 007547 FEDERAL WAY SENIOR CENTER, 8!4/2011 2ND QTR 2011 224449 8/15/2011 000876 FERGUSON ENTERPRISES, INC, 6/30/2011 2086476 224450 8/15/2011 012626 FERGUSON, ERIC W 7f20/2011 014 224451 8/15/2011 012733 FLEET SERVICES, 7l31 /2011 26751802 224452 8/15/2011 002664 FLEX-PLAN SERVICES INC, 7/31 /2011 179257 224453 8/15/2011 004366 FLOYD EQUIPMENT COMPANY DBA, 7/21 /2011 73992 224454 8/15/2011 008860 FOOD SERVICES OF AMERICA, 7/29/2011 3232564 8/4/2011 3246279 7/20/2011 3208700 224455 8/15/2011 012958 FOREST LAKE HOMEOWNERS ASSOC., 7/27/2011 11-102883/4 REFUND 224456 8/15l2011 011430 FRED MEYER STORES INC, 8/8/2011 04-01560 REFUND 224457 S/15/2011 002870 FREEWAY TRAILER SALES INC, 7/22/2011 099316 224458 8/15/2011 011681 GINA M. DUNCAN LAW OFFICE PLLC, 7/21/2011 FW1058 7/18/2011 FW-1054 224459 8/15/2011 010940 GOODYEAR WHOLESALE TIRE CNTR, 7/21/2011 160156 7/26/2011 160304 224460 8/15/2011 004824 GOS PRINTING CORPORATION, 7l20/2011 76719 7/12/2011 76699 224461 8/15/2011 001992 GOSNEY MOTOR PARTS, 7/21/2011 512201 224462 8l15/2011 002547 GRAINGER INC, 6/23/2011 9569961882 6/23/2011 9569961882 6/23/2011 9570107079 6l28l2011 9572958412 6l28/2011 9573199826 6/28/2011 9573471902 Description PKM-GRASS SEED- PWST-RAIN GEAR- PWST-RA{N GEAR- PD-INTERIOR DETAIL WASH/WAX PD-INTERIOR DETAIL WASH/WAX PD-CLEAN FIRE EXTINGUISHER DIS PD-NEW WINDSHIELD ASHS-Q2 2011 SAFE ZONE FOR KID ASHS-Q2 2011 SAFE ZONE FOR KID CDED-07/11 BUSINESS INCUBATOR ASHS-Q2 2011 RENT ASSIST./SHEL ASHS-Q2 2011 RENT ASSIST./SHEL PD-FACILITY USE FOR TACTICS CL FI-07/11 REMIT SCHL IMPACT FEE FI-07/11 REMIT SCHL IMPACT FEE ASHS-Q2 2011 NUTRITION PROC�RAM FWCC-REPAIR SUPPLIES MO-CONFLICT PUBLIC DEFENDER AG PD-VEHICLE FUEL - CHIEF HR-07/11 FLEX PLAN ADM SVCS PWST-STEEL TUBES- DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES CD-11-102883 FOREST LK ASSOC PW-04-01560 FRED MEYER RELEASE PWFLT-FLAT PIN STYLE TRAILER E MO-07/11 PUBLIC DEFENDER SVC A MO-07/11 PUBLIC DEFENDER SVC A PD-NEW TIRES DELIVERED TO SPAR PD-NEW TIRES DELIVERED TO SPAR PD-QTR MASTER REQUEST FORMS PD-INCIDENT REPORT FORMS PWFLT-MOLDING TAPE FWCC-BLOT CUTTER, LED LAMPS FWCC-BLOT CUTTER, LED LAMPS FWCC-REPAIR KIT SWL CONTROL FWCC-HOSE CLAMPS FWCC-HOSE CLAMP FWCC-BALLAST KIT & LAMP Page 16 of 29 Amount Check Total 1,434.95 336.48 262.32 74.16 520.14 136.88 82.13 54.75 246.38 3, 858.00 2,284.00 1, 574.00 8, 333.33 8,333.33 5,875.00 3,250.00 2,625.00 54.00 54.00 11,496.1 fi 11,496.00 0.16 5, OOO.00 5,000.00 63.08 63.OS 753.85 753.85 76.97 76.97 237.2C 23Z20 87.OG 87.05 2,301.95 571.T8 796.00 934.77 148.00 148.00 636AC 636.00 9.8� 9.83 350AC 250.00 100.00 769. SE 513.04 256.52 333.SE 92.46 241.10 10.35 10.39 724.4E 79.53 75.41 125.10 3.51 1.97 324.26 B an k of A merica Check No. Date Vendor Inv Date Invofce 7/28/2011 9596888710 224463 8/15/2011 003831 GSR POLYGRAPH SERVICES, 7/31l2011 11-018 224464 8/15/2011 003841 HEAD-QUARTERS PTS, 7l29/2611 24321 224465 8/15I2011 001127 HEALTHPOINT, 8/1/2011 2ND QTR 2011 8/1/201'I 2ND QTR 2011 A 224466 8/15/2011 001487 HEWLETT-PACKARD COMPANY, 7/27/2011 49840289 7/12/Z011 49751143 7/14/2011 49765837 7/14l2011 49765837 7/14/2011 49765837 7/19/2011 49794460 224467 8/15/2011 001129 HOGENSON, JACK 7/28/2011 1576 224468 8/15/2011 002477 HOME DEPOT-DEPT 32-2500780030, 7/28l2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 7/28/2011 JULY 2011 224469 8/15/2011 008261 HUITT-ZOLLARS INC, 6/29/2011 1509750102 224470 8l15/2011 003173 HYDROSEEDING AND, 6/17/2011 1756 6/1 Sl2011 1733 224471 8/15/2011 012846 IMS INFRASTRUCTURE, 7/15/2011 11011-1 224472 8l15/2011 005757 INSTITUTE FOR FAMILY, 7/31/2011 2ND QTR 2011 224473 8/15/2011 007109 INTERCOM LANGUAGE SVCS, 7/27l2011 11-141 224474 8/15/2011 004957 INTERNATIONAL CONFERENCE OF, 8/1 /2011 34466 224475 8/15/2011 012345 J.R. HAYES & SONS, INC., 7/20l2011 AG'10-109 #13 7/20/2011 AG1Q109#13 224476 8/15/2011 011526 JEWISH FAMILY SERVICE, 7/31/2011 2ND QTR 2011 224477 8/15/2011 012611 JOHN'S CLEANING SERVICES INC, 7/31/2011 588 224478 8/15/2011 010757 JOHNSON-COX COMPANY, 7/29/2011 00057611 7l29/2011 00057611 7/29/2011 00057612 7/29/2011 00057612 224479 8/15/2011 004659 KAYE-SMITH BUSINESS GRAPHICS, 7/29/2011 110916 224480 Sl15/2011 003309 KCDA PURCHASING COOPERATIVE, 5/27/2011 3483288 6/1 Sl2011 3486962 224481 8/15/2011 011491 KENT YOUTH & FAMILY SERVICES, 8!1/2011 2ND �TR 2011 Description PKM-REPAIR AND MAINT. SUPPLIES PD-07/11 POLYGRAPH TESTING SVC PKM-PORTABLE TOILET SVCS AG06- ASHS-Q2 2011 DENTAL CARE PROG. ASHS-Q2 2011 MEDICAL CARE PROG IT-RR LAPTOPS PHASE I-2- IT-RR DOCKING STATION - IT-PD SAFECITY, HP STORAGE 60 iT-PD SAFECITY, HP 600GB 6G HO IT-PD SAFECITY, HP PROLIANT DL IT-SAFECITY HP MSA60 HW SUPPOR PKM-MONUMENT SIGN INSTALLATION FWCC-DECK SCREWS & STUDS FWCC-BATTERIES, COUPLING, RISE FWCC-BATTERIES, COUPLING, RISE SWM-INSPECTION TRAILER SUPPLIE SWM-INSPECTION TRAILER SUPPLIE SWM-PLAYGROUND REPAIRS MATERIA SWM-INSPECTION TRAILER SUPPLIE FWCC-BATTERIES, ASSORT SPRINGS FWCC-BATTERIES, ASSORT SPRINGS SWM-INSPECTION TRAILER SUPPLIE PWST-HOSE CONTAINER & NAILS SWM-BATTERIES PKM-PANTHER LK OPEN SPACE STUD PKM-WOOD PLAYGROUND CHIPS AG10 PKM-PLAYCHIP DELIVERY- PWST-PAVEMENT DISTRESS SURVEY ASHS-Q2 2011 PACT PROG. AG11-0 MC-INTERPRETER SVC PD-2011 ICPC DUES D AUSTIN PWST-PAC HWY S HOV PH IV AG10. PWST-PAC HWY S HOV PH IV AG10. ASHS-Q2 2011 REFUGEE/IMMIGRANT PD-07/11 DRY CLEANWG SVC AG11 PRCS/FWCC-ENVELOPES PRCS/FWCGENVELOPES PRCS/FWCC-WINDOW ENVELOPES PRCS/FWCC-WINDOW ENVELOPES MC-WARRANT OF ARREST FORMS PKM-KCDA SERVICE FEE PKM-PLAYGROUND PARTS AND ELEME ASHS-Q2 2011 CLINICAL SVCS AG1 Page 17 of 29 Amount Check Total 114.68 150.00 150.00 463.50 463.50 6,475.00 3,975.00 2,500.00 14,078.53 3,585.51 194.24 2, 627.13 1, 005.58 6, 491.97 174.10 2,146.20 2,146.20 1,265.85 46.47 9.21 30.56 613.16 118.76 5124 137.05 42.99 43.77 113.33 28.72 30.59 3,533.50 3,533.50 11, 524.88 10,183.50 1, 341.38 4,350.00 4,350.00 1, 061.96 1, 061.96 1,175.00 1,175.00 125.00 125.00 488,876.43 514,402.08 -25,525.65 1, 625.00 1, 625.00 858.48 858.48 826.73 197.10 197.10 216.27 216.26 649.89 649.89 5,067.12 2,589.01 2,478.11 3,000.00 3,000.00 Bank of A m er ica Check No. Date Vendor Inv Date Invoice 224482 8/15/2011 011736 KIM, CHUL JOON 7l27/2011 07l27/21 7/26l2011 07/26/11 224483 8/15/2011 011737 KIMMEL ATHLETIC SUPPLY CO. INC, 5/11 /2011 0322738-I N 6/28/2011 0327577-IN 224484 8/15/2011 012761 KING COUNTY BAR FOUNDATION, 7/31/2011 2ND QTR 2011 224485 8/15/2011 001259 KING COUNTY CRIME VICTIMS FUND, 8/10l2011 JULY 2011 8/10l2011 JULY 2011 224486 8l15/2011 000125 KING COUNTY FINANCE DIVISION, 7/19/2011 1621713 7/19/2011 1621715 7J19/2011 1621716 7/19l2011 1621716 7/19/2011 1621716 7/19/2011 1621716 7/19/2011 1621716 7/19/2011 1621716 7/19/2011 1621716 7/19/2011 1621717 7/19/2011 1621717 7/19/2011 1621717 7/19l2011 162179 7 7/19/2011 1621717 7/19/2011 1621717 224487 8/15/2011 005568 KING COUNTY FLEET ADM DIVISION, 5/17/2011 205324 7/28/2011 205458 7/28/2011 205459 7/28l2011 205460 224488 8/15l2011 003898 KING COUNTY RADIO, 7l20/2011 00427372 7/20/2011 00427522 7/20/2011 00427523 7/20/2011 00427524 7/20/2011 00427535 7/20/2011 00426237 7/20/2011 5319 224489 8/15/2011 000241 KING COUNTY SEXUAL ASSAULT, 7/31/2011 2ND QTR 2011 224490 8/15/2011 009710 KUT KWICK CORPORATION, 7/12/2011 044429 224491 8/15/2011 000096 LAKEHAVEN UTILITY DISTRICT, 7/22/2011 1014202 7/22/2011 1014202 7/22/2011 2592802 7/22/2011 2781501 7/22/2011 2906301 7/22/2011 3059601 7/22/2011 3131501 7/26/2011 5717 7/26/2011 5718 7l22/2011 1768602 7/22/2011 1768602 224492 8/15/2011 007545 LANE POWELL PC, 7/15/2011 3526253 224493 8/15/2011 004052 LEED, 9!3/2011 06031103 7/22/2011 7221101 224494 8l15/2011 000630 LLOYD EfVTERPRISES INC, 7/19/2011 152279 Description MC-kNTERPRETER SVC MC-INTERPRETER SVC PRCS-SOFTBALLS PRCS-SCOREBOOK ASHS-Q2 2011 COMMUNITY LEGAL S FI-07/11 REMIT CRIME VICTIM FE FI-07l11 REMIT LAW LIBRARY FEE PWTR-06/11 BSC SIGN/MRKNGS MTN PWTR-06/1 T BSC SIGN/MRKNGS MTN PWiR-06/11 DISC INVOICE TRFFC- PWTR-06l11 DISC INVOICE CAPITA PWTR-06/11 DISC INVOICE NTS/SC PWST-06/11 DISC INVOICE SR99 P PWST-06/11 DISC INVOICE 1STAV PWST-06/11 DISC INVOICE 2011 O PWDS-06/11 DISC INVOICE FWPS PWfR-06/11 DISC INVOICE TRFFC- PWTR-06l11 DISC INVOICE TRIANG PWTR-06/11 DISC INVOICE NTS/SC PWST-06/11 DISC INVOICE 322ST PWST-06/11 DISC INVOICE 2011 O PWST-06l11 DISC INVOICE SW 336 PWST-EQUIP REPAIR SEE CREDIT 2 PWST-EQUIP REPAIR CREDIT INV 2 PWFLT-OLF, PM INSPECTIONlMAINT PWFLT-OLF. PR PAC ROLLERS IT-RADIO MAINT/REPAIR IT-RADIO MAINT/REPAIR IT-RADIO MAINT/REPAIR IT-RADIO MAINT/REPAIR IT-RADIO MAINT/REPAIR IT-RADIO MAINT/REPAIR IT-JULY 2011 RADIO SYSTEM ACCE ASHS-Q2 2011 SEXUAL ASSAULTS S PWFLT-BRAKE, THROTTLE CABLES PKM-04-06/11 1210 333 ST SW #2 PKM-04-06/11 1210 333 ST SW #2 PKM-04-06/11 1210 333 ST SW #2 PKM-04-06/11 31200 DASH PT RD PKM-04-06/11 312 DASH PT RD SW PKM-04-06/11 3200 349TH ST S# PKM-01-07/11 30655 21 ST AVE SW PWST-HYLEBOS WATER SVC CONNECT PWST-HYLEBOS WATER SVC CONNECT DBC-03/11-OS/19/11 3200 DASH P DBC-03/11-05/19/11 3200 DASH P PWST-LEGAL SERVICES- PD-CDU AMMO PD-BREAK-N-RAKE FOR SWAT PWST-DUMP ASPHALT & CONCRETE M Page 1S of 29 Amount Check Total 200.00 100.00 100.00 1, 867.78 1, 784.85 82.93 1,875.00 1, 875.00 1,713.83 1,699.85 13.98 103,138.40 46,457.12 1, 981.25 3,143.77 4,702.92 2, 567.72 89774 1,629.21 1, 222.40 640.02 2,337.35 107.37 6,713.18 198.72 5,207.63 25,332.00 1, 253.29 -1,253.29 544.94 710.32 1,25526 16.43 215.79 338.49 215.79 215.79 832.32 8,040.50 9,875.11 7,500.00 7,500.00 218.11 218.11 24,555.11 71.72 22.66 19.72 19.72 218.87 22.81 5.64 18,013.36 5,876.99 190.02 93.60 385.00 385.00 1, 237.07 981.36 255.71 1,221.35 366.84 Bank of America Check No. Date Vendor Inv Date Invoice 7/20/2011 152315 6/30/2011 151643 6/30l2011 151643 224495 8/15/2011 005339 LOWE'S HIW INC, 7/21 /2011 02644 7/20/2011 11456 7l18/2011 14963 7/18/2011 14972 7/18/2011 16299 7/14/2011 02551 7/13/2011 01687 8/1 /2011 02320 7/25/2011 17014 7/22J2011 17828 7/25/2011 02267 7/26/2011 02408 224496 8/15/2011 011460 MAIL, COPY & MORE, 7/25/2011 85067 224497 8/15/2011 003933 MAIRS, MANUEL C 7/27/2011 MAIRS 2011 224498 8/15/2011 009433 MAKSIMOV, YURI 7l28/2011 07/28/11 7/27/2011 07/27/11 224499 8l15/2011 010490 MARTINSONS, JAQUELYN 7/28/2011 1036 224500 8/15/2011 010662 MCCARL, KIRSTEN 7/27/2011 JUNE 2011 224501 8/15/2011 004182 MCDONOUGH & SONS INC, 7/30/2011 175485 7/6/2011 175425 224502 8l15/2011 010256 MCMASTER-CARR, 6/30/2011 89369924 224503 8/15/2011 005176 MERINO STRAWE, BETTY 7/2Sl2011 07/28l11 224504 8/15/2011 012956 MESHKOFF, JOSEPH 7/29/2011 MESHKOFF 2011 224505 8/15/2011 012823 MILES RESOURCES LLC, 7/29/2011 210832 7/20/2011 210670 7/20/2011 210569 7/20/2011 210698 7l20/2011 210699 224506 8/15/2011 008029 MONTES DE OCA RICKS, MARIA 8/2/2011 08/02/11 224507 8/15/2011 000228 MULTI-SERVICE CENTER, 7/31/2011 2ND QTR 2011 C 7/31/2011 2ND QTR 2011 A 7/31/2011 2ND QTR 2011 B 224508 8/15/2011 003868 NATIONAL BARRICADE COMPANY INC, 7/20/2011 236960 7/20/2011 236960 224509 8/15/2011 012844 NAVOS, 7/31/2011 2ND QTR 2011 224510 8l15/2011 000043 NEW LUMBER & HARDWARE COMPANY, 8/1 /2011 257163 8/1 /2011 257178 4/25/2011 254594 7/29/2011 257097 7/25/2011 256946 7/25l2011 256973 7/22/2011 256926 7/28l2011 257075 Description PWST-CONCRETE MIXED PKM-DUMP DEBRIS PRCS-RWB SAND FOR FIREWORKS SI PKM-AIR TOOL (RETURNED ON 1782 FWCC-BATTERIES, STRAINER, HARD PKM-SWIM LADDER REPAIR, LIGHT PKM-RESTROOM LIGHT BULBS PKM-RETURN LIGHT BULBS PKCP-ATTIC FAN PKM-LIGHTING SUPPLIES CHB-BUSHINGS, ELBOW JOINT, RIS PKM-LIGHTING SUPPLIES RETURNED PKM-RETURN AIR TOOL INV 02644 PKM-CUT OFF TOOL PKM-QUIKRETE CONCRETE MIX DBC-POLY ENVELOPES PD-HP PRINTER FOR CV PROGRAM MC-INTERPRETER SVC MC-INTERPRETER SVC PRCS-TEACH ME BABYSITTING CLAS PRCS-'GREASE' ACCOMPANIST PKM-07/11 PARKING LOT CLEANIN PKM-07/11 PARKING LOT CLEANING FWCC-EYEBOLT AND STEEL HAND TR MC-INTERPRETER SVC PD-BICYCLE SHOES 8 HELMETS PWST-CUSHED ROCK- PWST-CRUSHED ROCK- PWST-CRUSHED ROCK- SWM-CRUSHED ROCK- PWST-CRUSHED ROCK- MC-INTERPRETER SVC ASHS-Q2 2011 GENERAL EDUCATION ASHS-�2 2011 FOOD & CLOTHING B ASHS-Q2 2011 EMERGENCY SHELTER PWST-CONES AND BARRICADES- PWST-CONES AND BARRICADES- ASHS-Q2 2011 EMPLOYMENT SVC. P DBC-SHEETROCK REPAIR PKM-CABLE TIES, HOSE NOZZLE SWM-GROUSE PT. FENCE PKM-PICNIC TABLE REPAIR SWM-THERMAL GLOVES SWM-GLOVES RETURNED PWST-ELECTRICAL TAPE PWST-DEGREASERlCLEANER Page 19 of 29 Amount Check Total 105.67 215.10 533.74 327.88 65.67 42 63 14.30 13.10 -7.76 190.45 78.40 10.77 -78.40 -65.67 57.56 6.53 2.95 2.95 328.49 328.49 280.00 140.00 140.00 1,176.00 1,176.00 635.00 635.00 944.73 691.51 253.22 65.70 65.70 100.00 100.00 175.10 175.10 5,015.38 519.52 2, 391.00 1,273.17 80.27 751.42 100.00 100.00 20,775.00 2,500.00 8,775.00 9,500.00 3,276.79 1,638.39 1,638.40 3, 377.52 3,377.52 445.01 2.63 31.47 75.60 36.95 45.29 -16.74 4.38 8.74 Bank of America Check No. Date Vendor Inv Date Invoice 7/27/2011 257013 7/27/2011 257024 7/27/2011 257025 7/27/2011 257028 7/27/2011 257037 7/26/2011 256988 7/26/2011 257003 7/21 /2011 256866 7/15l2011 256717 7/19/2011 256798 7/19/2011 256822 7/19/2011 256823 224511 8/15l2011 001391 NORTH COAST ELECTRIC COMPANY, 7l25/2011 S4082719.001 224512 8/15l2011 011258 NORTHERN SAFETY CO INC, 7/25/2011 P307005600013 224513 8/15/2011 012847 NORTHWEST LANDSCAPE SVC OF WA, 7/1/2011 RC000046752 6/30/2011 I N000029229 6/30/2011 I N000029230 224514 8/15/2011 010621 NORTHWEST PERMIT INC, 8!5/2011 11-103051 REFUND 224515 8/15/2011 003736 NORTHWEST TOWING INC, 7/7/2011 404586 224516 8/15/2011 000007 OFFICEMAX CONTRACT INC, 7/31/2011 JULY 2011 224517 8/15/2011 007444 ORCA PACIFIC INC, 7/15/2011 050492 224518 8/15/2011 009526 OREGON MILITARY DEPT., 6/14/2011 ARB00466 224519 8/15/2011 000504 ORIENTAL GARDEN CENTER, 7/26/2011 49551 7/29/2011 49620 224520 8/15/2011 009920 OSAKA GARDEN SERVICE, 8! 1 /2011 28396 8/1 /2011 28456 7/ 1 /2011 28260 7/1 /2011 28260 224521 8/15/2011 000315 PACIFIC NORTHWEST TITLE CO, 7/16/2011 3363-11369 7/16/2011 3363-11367 224522 8/15/2011 012007 PARK CHENAUR & ASSOCIATES INC, 7/17/2011 JULY 17, 2011 224523 8/15/2011 007693 PEARSALL, AMY JO 8/2/2011 PEARSALL 2011 224524 8/15/2011 012510 PETTY CASH - FI, 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10/2011 FI-08/10/11 8/10l2011 FI-OS/10/11 8/10/2011 FI-OS/10/11 8/10l2011 FI-OS/10/11 8/10/2011 FI-O8/10/11 Description PWST-COUPLER PWST-BALL VALVE & WRENCH PKM-STLK DOCK REPAIR PWST-DEGREASER/CLEANER SWM-MAGNEFYING GLASS SWM-PITCH FORK PWST-CRACK SEALER PKM-HOSE & NOZZLE PKM-TOOLS/HARDWARE PKM-GRAFFITI REMOVER PKM-PREMIX CONCRETE & POST PKM-SLIDE GAP REPAIR EPDXY PKCP-ATTIC FAN SWM-GLOVES FOR SEASONAL TEMPS- PKM-07/11 LANDSCAPE MAINT. AG1 DBC-06/11 LANDSCAPE MAINT. AG1 DBC-O5/11 LANDSCAPE MAINT. AG1 CD-11-103051 JOB CANCELLED PD-VEHICLE TOW CASE 11-7789 CD-OFFICE SUPPLIES FWCC-POOL CHEMICALS SVC AG10-1 PD-O5/11 CAMP RILEA INTER-AGEN SWM-WEEDEATER PULL ROPE PWST-REPAIR BRUSHCUTTER PKM-08/11 LANDSCAPE MAINTENANC PWST-07/11 ROW LANDSCAPE MAINT PKM-07/11 LANDSCAPE MAINTENANC PKM-07/11 LANDSCAPE MAINTENANC PWST-S 344TH TITLE WORK- PWST-S 344TH TITLE WORK- MO-CONFLICT DEFENDER AG10-060- LAW-CDBG TRNG ED TOOL KIT PEAR CD-PARKING-KING COUNTY ASHS- CDBG MEETING CATALANO MC-DMCMA CONF. WHITE PKM-CLOTHING ALLOW. B HIGGINS SWM-NOWIONS WEED TRNG SHILLEY SWM-SNACKS NORTH LAKE MTG CC-REGIONAL FORUM - M PARK CC-REGIONAL FORUM - M PARK CC-FLOOD CONTROL MTG - M PARK MC-DMCJA CONF. D LARSON MC-DMCJA CONF. ROBERTSON FI-IAC MTG T KRAUS CD-SEATTLE MTG HERRERA ASHS-CDBG MTG B LINGQUIST SWM-YARD CARE WORKSHOP CC-REGIONAL FORUM - M PARK CD-PUBLIC WORKSHOPS J SHULL Page 20 of 29 Amount Check Total 9.47 35.84 26.19 8.74 6.89 39.41 8.62 11.69 24.53 18.14 57.73 9.44 45.95 45.95 83.95 83.95 5,882.36 4,069.44 1,007.18 805.74 56.80 56.80 290.72 290.72 81.47 81.47 773.12 773.12 696.69 696.69 231.67 3.45 228.22 24,448.34 903.38 23,155.14 144.60 245.22 985.50 492.75 492.75 250.00 250.00 200.00 200.00 788.95 5.00 9.00 90.42 43.43 40.80 2.99 24.48 9.00 38.50 65.00 65.00 27.54 8.00 12.00 40.59 20.01 68.73 Bank of America Check No. Date 224525 8/15/2011 224526 8/15/2011 f 3� 4.�i� l f 6yf •I�S fi I 224528 8/15/2011 224529 8/15/2011 224530 8/15/2011 224531 8/15/2011 224532 8/15/2011 Vendor inv Date Invoice 8/10l2011 FI-08/10/11 8/10/2011 FI-08/10111 8/10/2011 FI-08/10/11 8/10/2011 Ff-08/10l11 8l10l2011 FI-08/10/11 8/10l2011 FI-08l10/11 8/10/2011 FI-OS/10/11 8/10/2011 FI-OS/10/11 001166 PETTY CASH - FWCC, 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7l21/2011 FWCC-07/21l11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07l21/11 7/21/2011 FWCG07l21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCG07/21/11 7/21/2011 FWCG07/21/11 7/2V2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7/21l2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCG07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07l21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCG07/21/11 7/21/2011 FWCC-07/21/11 7/21/2011 FWCC-07/21/11 011780 PETTY CASH-MC CHANGE FUND, 8/4/2011 MC-08/01111 8/4/2011 MC-08/01/11 8/4/2011 MC-08/01l11 009791 PIRTEK KENT, 7/21/2011 S1519S53.001 008305 PLANNED PARENTHOOD, 7/21 /2011 33529 000808 PLATT ELECTRIC SUPPLY, 7/14/2011 9891352 6/10/2011 9719272 7/25/2011 9908842 7/25/2011 9905842 7/28/2011 9961147 012876 PLAYTIME LLC, 6/30/2011 1683 001411 POSTAL EXPRESS INC, 6/30/2011 BM11061004 6/30/2011 BM11061004 6/30/2011 BM11061004 6/30/201'I BM11061004 6l30/2011 BM11061004 6/30/2011 BM11061004 6/30/2011 BM11061004 6/30/2011 BM11061004 6/30l2011 BM11061004 005583 PRAXAIR DISTRIBUTION INC, Description PW-PRIORITY MAIL SWM-DEIONIZED WATER HR-WELLNESS QTRLY GIFT CARDS MO-06/01 B. LINGQUIST SWM-INSPECTION TRAILER SUPPLIE CD-SIGN CODE WORKSHOP - LEMKE PW-LUTC COOKIES 8!2/11 CD-KC RECORDING - HERDRICH FWCC-LAW CONF. SHELTON PRCS-WALMART FOR DAY CAMP SUPP PRCS-FLOWERS FOR FRIENDSHIP TH PRCS-COSTCO - FOOD FOR DAY CAM PRCS-JOANN FABRICS FOR COME PL PRCS-LOWE'S - FRIENDSHIP THEAT PRCS-DOLLAR TREE, FRIENDSHIP T PRCS-ST. VINCENT DE PAUL, BIND PRCS-SALVATION ARMY, GUITAR & PRCS-DOLLAR TREE, FRIENDSHIP T PRCS-DESERET INDUSTRIES, DRESS PRCS-BATTERIES, FRIENDSHIP TH PRCS-WATER, MISC CONCESSION IT PRCS-COFFEE FOR FRIENDSHIP THE PRCS-SAFETY PINS FOR COSTUMES PRCS-PAINTER TAPE FOR FRIENDSH PRCS-PLATES FOR FRIENDSHIP THE PRCS-BINDERS FOR FRIENDSHIP TH PRCS-BATTERIES FOR FRIENDSHIP PRCS-TWO POOL BALLS TO COMPLET PRCS-STEP COMPANY, GROUP EXERC PRCS-COSTUME FOR FRIENDSHIP TH PRCS-COSTUME FOR FRIENDSHIP TH PRCS-TOWELS FOR FRIENDSHIP THE PRCS-FLOWERS, THANKYOU GIFTS PRCS-POSTAGE FOR BOOK RETURN PRCS-MEDALS FOR FIREFLIES PRES MC-KITSAP DISTRICT COURT - LAR MC-KITSAP DISTRICT COURT - LAR MC-SCORE JAIL MEETING LARSON PWFLT-HOSE SLEVE, ASSEMBLY, SP DBC-RENTAL DEPOSIT LESS BALANC CHB-ENERGY EFFICIENT BULBS CHB-BULB CREDIT CHB-ENERGY EFFICIENT BULBS- CHB-ENERGY EFFICIENT BULBS- CHB-ENERGY EFFICIENT BULBS- FWCGREPLACE SLIDE PAD FOR LEI CH/PD/MC-06/11 COURIER SVC AG1 CH/PD/MC-06/11 COURIER SVC AG1 CH/PD/MC-06/11 COURIER SVC AG1 CH/PD/MC 06/11 POSTAGE SVC AG1 CH/PD/MC 06/11 POSTAGE SVC AG1 CH/PD/MC 06/11 POSTAGE SVC AG1 CH/PD/MC O6/11 POSTAGE SVC AG1 CH/PDlMC 06/11 POSTAGE SVC AG1 CH/PD/MC PRE-PAID POSTAGE DEPO Amount 11.30 3.57 55.00 33 30 89.24 8.00 2.55 15.50 15.30 16.43 71.73 68.05 9.19 1.27 1.10 o.�s 1.38 2.19 10.95 13.13 13.96 4.99 3.27 2.74 1.08 4.05 9.84 11.45 58.00 5.46 12.03 7.53 5.45 11.65 6.00 Page 21 of 29 Chack Total 368.98 91.68 4.00 38.58 49.10 635.22 635.22 75.30 75.30 3,491.91 43.58 -6.44 1, 082.00 432.37 1, 940.40 2,438.58 2,438.58 1.274.79 1,473.53 314.35 176.82 2, 340.46 616.84 1,277.11 56.32 19.36 -5,000.00 19.98 Bank of America Check No. Date 224533 S/15l2011 224534 8/15/2011 224535 8/15/2011 V Inv Date Invoice 7/20/2011 40211800 010845 PRIORITY PRINT MANAGEMENT INC, 7/ 11 /2011 00029799 3/15/2011 00029234 3/31/2011 00029330 3/31 /2011 00029330 3/31 /2011 00029330 009960 PROFORCE LAW ENFORCEMENT, 7/22/2011 116091 000051 PUGET SOUND ENERGY INC, 7/28/2011 PWTR 2011 07 7l28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWfR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWfR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PVVlR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWfR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28l2011 PWTR 2011 07 7/28/2011 PVVTR 2011 07 7/28/2011 PVVlR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2091 PWTR 2011 07 PKM-REPAIR AND MAINT. SUPPLIES SWM-JULY 2011 "THE WATERLOG" PRCS-SPRING BREAK CAMP FLYERS PRCS-SUMMER FUN BROCHURES PRCS-SUMMER FUN BROCHURES PRCS-SUMMER FUN BROCHURES PD-TASER CARTRIDGES PWiR-07/11 CRNR S 316TH ST & 2 PWTR-07/11 HOYT RD & 340TH- PWTR-07/11 PAC HWY S& S 330TH PWTR-07/11 S 288TH ST & PAC HW PWTR-07/11 S288TH & 18TH AVE S PWTR-07l11 S 296TH PL & MILITA PVVTR-07/11 S 320TH & 23 AV S- PVVTR-07/11 S 322ND & 23 AVE S- PWTR-07/11 S 336TH ST & PAC HW PWTR-07/11 S 282ND & MILITARY PWTR-07/11 S 348TH & 1ST AVE PWTR-07/11 S 316TH & PAC HWY S PWTR-07l11 SW CRNR S 312TH & P PWTR-07/11 SW 308TH & 2ND AVE PWTR-07/11 SW 329TH WAY & HOYT PWTR-07/11 VARIOUS LOCATIONS- PWTR-07/11 1TH WAY S 8 334TH S PWTR-07/11 1 ST WAY S& 336TH S PWTR-07/11 1 ST AVE S& S 330TH PWfR-07/11 1000 SW CAMPUS DR- PWTR-07/11 115TH ST S& 316ST PVVTR-07/11 1300 S 344TH ST- PWTR-07/11 1403 SW 312TH ST PE PVVTR-07/11 1405 S 312TH ST.- PWTR-07/11 1414S 324TH ST.- PWTR-07/11 1790 SW 345TH PLACE PVVTR-07/11 18TH AVE & S 312 ST PWTR-07/11 199 SW 311TH PLACE- PWTR-07/11 21 ST AVE SW & SW 33 PWTR-07/11 21ST AVE SW & SW 34 PVVTR-07/11 21 ST AVE S GRID ROA PWTR-07/11 21 ST AVE SW 8 SW 32 PWTR-07/11 21 ST AVE SW & 356TH PWTR-07/11 2140 SW 356TH ST- PWIR-07/11 23RD AVE S& S 317T PWTR-07/11 23RD AVE S& 320TH PWTR-07/11 2510 S 336TH ST- PWTR-07/11 2510 SW 336TH STREE PWTR-07/11 2613 S 275TH PLACE PWTR-07/11 28516 24TH AVE S- PWTR-07/11 29600 PAC HWY S SIG PWTR-07/11 2999 SW 314TH ST- PWTR-07/11 30400TH PAC HWY S- PWTR-07/11 30400 PAC HWY S PWTR-07/11 30800 PAC HWY S- PWTR-07/11 31020 14TH AVE S- PWTR-07/11 3113 27TH AVE SW- PWTR-07l11 31200 STATE RT 99 S PWTR-07/11 31455 28TH AVE S- PVVlR-07/11 31600 STATE RT 99 S PWTR-07/� 1 31847 PAC HWY S- PWTR-07/11 31910 GATEWAY CNTR PWTR-07/11 32000 PAC HWY S- PWTR-07l11 32400 STATE RT 99 N Page 22 of 29 Amount Check Total 19.98 2,307.88 471.56 481.80 1, 083.62 135.45 135.45 1, 319.42 1, 319.42 12,317.97 68.45 84.92 71.81 451.34 103.58 19.58 255.51 165.07 435.26 134.69 213.65 54.52 204.57 10.11 10.20 29.84 18.50 76.35 52.55 133.69 10.11 26.81 10.11 121.06 31.61 140.41 43.68 116.32 108.22 264.40 79.97 98.95 83.85 31.82 177.39 182.86 10.11 10.11 26.47 20.17 405.85 24.91 54.52 66.38 41.79 35.37 83.88 294.80 80.00 101.30 246.62 38.14 226.19 100.43 Bank of America Check No. Date 224536 8/15/2011 224537 8/15/2011 224538 8/15/2011 fY�F'i Vendor Inv Date Invoice 7/28/2011 PWTR 2011 07 7/28l2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28l2011 PWTR 2011 07 7/28/2011 PV�frR 2011 07 7/28l2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28l2011 PWTR 2011 07 7/28l2011 PWTR 2011 07 7l28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28l2011 PVVIR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7l28/2011 PWTR 2011 07 7/28l2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PV�I�R 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 P1NTR 2011 07 7/28/2011 PVVTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWfR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 7/28/2011 PWTR 2011 07 012959 PUGET SOUND REFRIGERATION HVAC, 7/27/2011 11-102923 REFUND 008649 QUALITY WATER SERVICES, 7/31/2011 73198 010187 RASOR, EVA EDLA 8/5/2011 JULY 2011 012957 ROCKWOOD, PATRICIA Description PWTR-07l11 32400 STATE RT 99 S PWTR-07/11 32400 STATE RT 99 S PWTR-07/11 32932 7TH CT SW- PWTR-07/11 32562 SW HOYT RD F� PWTR-07/11 32731 HOYT RD FLASH PWTR-07/11 33099 HOYT RD SW- PWTR-07/11 3318 SW 346TH PLACE PWTR-07/11 33220 ST WAY S- PWTR-07/11 33325 STH AVE- PWTR-07/11 33401 38TH AVE S- PWTR-07/11 33405 6TH AVE S- PWTR-07/11 33507 9TH AVE- PWTR-07/11 33645 20TH PLACE- PWTR-07/11 33800 WEYHR WAY S- PWTR-07/11 34010 20TH AVE- PWTR-07/11 34018 PAC HWY S- PWTR-07/11 3420 SW 343RD ST- PWTR-07/11 34800 21 ST AVE SW- PWTR-07/11 34836 WEYHR WAY S- PWTR-07/11 34801 16TH AVE S- PWTR-07/11 35007 ENCHANTED PKW PWTR-07111 35106 21 ST AVE SW- PWTR-07/11 35202 ENCHANT PKWY- PWTR-07/11 35505 PAC HWY S- P�/VfR-07/11 35654 9TH AVE SW- PWTR-07/11 35896 PAC HWY S- PWTR-07/11 35909 1 ST AVE SW FL PWTR-07/11 36111 16TH AVE S- PWTR-07/11 3620� MILTON RD- PWTR-07/11 36600 PAC HWY S- PVVIR-07/11 491 S 338TH ST- PV1(TR-07/11 727 S 312TH ST- PWTR-07/� 1 STH AVE S& DASH PT PWTR-07/11 824 SW 361TH ST- PWTR-07/11 S 322N ST & 23 AVE PWTR-07/11 HWY 509 8 21ST AVE PWTR-07/11 NE CRNR S 312TH & 2 PWTR-07/11 S 304TH & MILITARY PWTR-07l11 S 312TH & 23 AVE S- PWTR-07/11 S 314TH & 20TH AVE PWTR-07/11 S 320 SET & 32RD AV PWTR-07/1 � S 320TH & PAC HWY S PVVIR-07/11 S 320TH & WEYHR WAY PWTR-07/11 S 336TH ST & WEYHR PWTR-07/11 S 348TH ST & PAC HW PWTR-07/11 S 316TH & 20TH AVE PWTR-07/11 SR 161 & 356TH NE C PWTR-07/11 STAR LK RD & MILITA PWTR-07/11 SW CAMPUS DR 8 6TH PWTR-07/11 SW 308TH ST & 4 AVE PWTR-07/11 SW 312TH ST & DASH PWTR-07/11 SW 324TH R 11TH PL PWTR-07/11 SW 340TH & HOYT RD PWTR-07/11 SW 340TH ST & 35TH PWTR-07/11 21 ST AVE SW & DASH PWTR-07/11 S 333ST & 1 ST WAY- PWTR-07/11 S 348TH HOV LANE- CD-11-102923 PROJECT CANCEL RE DBGWATER COOLER RENTAL FWCG07/11 EXERCISE TRA�NING S Amount 269.52 95.00 18 31 10.11 10.11 226.07 35.55 47.91 101.30 153.44 28.26 66.07 217.40 206.45 99.83 59.45 26.89 88.70 48.71 36.86 117.21 28.57 205.57 292.03 18.70 67.36 10.11 79.42 134.09 10.41 60.45 182.06 50.58 144.25 88.10 31.48 144.16 72.29 159.56 127.57 179.10 608.40 184.34 138.14 161.15 68.35 215.45 38.31 53.54 10.11 99.74 168.94 151.56 64.39 68.35 6220 187.19 Page 23 of 29 Check Total 107.60 107.60 27.32 27.32 853.00 853.00 25.00 Bank of America Check No. Date Vendor Inv Date Invoice S/1/2011 03-70251 REFUND 224540 8/15l2011 012755 RURAL METRO OF GREATER SEATTLE, 2/8/2011 1007252012 224541 8l15l2011 005508 SAFAROVA-DOWNEY, ALMIRA 7/27/2011 07/27/11 7/28/2011 07/28/11 7l26/2011 �7/26/11 224542 8/15l2611 003726 SAFEWAY STORE #1555, 7l22/2011 2038219 7/22/2011 2038221 7/29/2011 2038227 224543 8/15/2011 010523 SBS OF AMERICA, 8/1 /2011 27233 8/1 /2011 27233 8/ 1 /2011 27236 S/1 /2011 27237 224544 8/15/2011 012843 SEATTLE-KING COUNTY DEPARTMENT, 8/4/2011 1 ST QTR 2011 224545 8/15/2011 001213 SECOMA FENCE INC, 7/20/2011 8394 224546 8/15/2011 001126 SENIOR SERVICES, 8/1/2011 2ND QTR 2011 7/31/2011 2ND QTR 2011 224547 8/15l2011 010962 SHARP BUSINESS SYSTEMS, 7/25l2011 C723667-701 224548 8/15/2011 002501 SHOPE CONCRETE PRODUCTS CO INC, 7/11 /2011 9928773 224549 8/15/2011 002683 SIX ROBBLEES' INC, 7/25/2011 2-492063 7/25l2011 2-492103 224550 8/15l2011 004963 SOUND PUBLISHING INC, 5!4/2011 440684 5/4/2011 485582 5/4/2011 485584 5/11 /201 I 472496 224551 8/15/2011 007952 SOUNDTRANSITAUTHORITY, 7/25/2011 PD 11-118 224552 8/15l2011 003001 SOUTH KING COUNCIL-HUMAN SVCS, 7/31/2011 2ND QTR 2011 224553 8/15/2011 000285 SOUTH KING FIRE & RESCUE, 7/31 /2011 2011-0383 224554 8/15/2011 001885 SPARKS CAR CARE, 8/1 /2011 28401 8/2/2011 28410 8/2/2011 28411 7/25/2011 28353 7/22/2011 28344 7/22/2011 28347 7/22/2011 28352 7/26/2011 28366 7/29/2011 28397 7/29/2011 28386 7/29/2011 28394 7/21 /2011 28327 7/21l2011 28329 7/20/2011 28338 224555 8/15/2011 011417 SPERLING, KAREN 4/18/2011 2010 SPERLING 224556 8/15/2011 002548 SPRAGUE PEST CONTROL, 7/27/2011 1656854 224557 8/15/2011 004701 SPRINT, 7/29/2011 400102318-116 Description PD-03-70251 NOT IN CITY LIMITS PD-02/11 PRISONER MED TREAT - MC-INTERPRETER SVC MC-INTERPRETER SVC MC-INTERPRETER SVC PRCS-FUN IN THE SUN CRAZE SUPP PRCS-OUTDOOR GAMES SUPP�IES PRCS-0CEAN CITY GROUP CAMP CHB-07/11JANITORIAL AG07-194 - PKM-07/11 JANITORIAL AG07-194 DBC-07/11 JANITORIAL SVC AG10- PKM-07/11 JANITORIAL SVC AG10- ASHS-Q2 2011 MOBILE MEDICAL PR PKM-AUTOMATIC GATE WHEEL- ASHS-Q2 2011 VOLUNTEER TRANSPO ASHS-Q2 20� 1 MEALS ON WHEELS A IT-COPIER RPR, MNT, SUP SWM-CATCH BASIN GRATE- PWFLT-GREASE CAP, BEARING CONE PWFLT-BEARING CUPS FWCC-O5/11 WEB BANNER AD FWCC-O5/11 ADVERTISING FWCC-O5/11 ADVERTISING FWCGOS/11 ADVERTISING LAW-PDA TO SOUND TRANSIT - 448 ASHS-Q2 2011 CAPACITY BLDG PRO DBC-2011/2012 FIRE CODE PERMIT PD-OLF, SERVICE INSPECTION PD-BLOWER MOTOR PD-OLF, BLOWER MOTOR PD-REPAIR DRIVERS WINDOW PD-RADIATOR, COOLANT, OLF PD-OLF, SPARK PLUGS, WIPERS, T PD-OLF PD-MOUNT & BALANCE NEW TIRES PD-REAR VIEW MIRROR ADHESIVE PD-OLF, TIRE PRESSURE SENSOR PD-BRAKE INSPECTION PD-POWER STEERING RACK, TIE RO PD-TRANSMISSION, STRUT ARMS, F PD-HEADLIGHT SOCKETS AND LIGHT MO-2010 UTILITY TAX REBATE DBC-PEST CONTROL SVC IT-07/11 CELLULAR AIRTIME Page 24 of 29 Amount Check Total 25.00 1, 054.66 280.00 280.00 125.00 5.99 20.85 48.23 3,850.00 150.00 2,940.00 138.60 2, 500.00 47.10 2,500.00 2,500.00 35.32 765.17 35.97 11.67 275.00 50.00 50.00 80.00 75.20 1,875.00 100.00 140.11 186.69 221.67 460.48 446.23 500.31 34.99 28.47 2.51 212.65 32.85 1,592.13 1, 365.26 282.93 1, 054.66 685.00 75.07 7.078.60 2,500.00 47.10 5, 000.00 35.32 765.17 47.64 455.00 75.20 1, 875.00 100.00 5,507.28 137.84 93.08 2,442.52 137.84 93.08 5,088.58 Bank of America Check No Date Vendor Inv Date Invoice 7i 29/2011 400102318-116 224558 8l15/2�11 010072 ST. VINCENT DE PAUL SOCIETY, 7/31/2011 2ND QTR 2011 224559 8/15/2011 011454 STAPLES ADVANTAGE, 7/31 /2011 109616492 7/31/2011 109616492 7/31 /2011 109616492 7l31/2011 109616492 7/31 /2011 109616492 7l31/2011 109616492 7/31 /2011 109616492 7/31 /2011 109616492 7/31/2011 109616492 7/31 /2011 109616492 7/31 /2011 109616492 7/31 /2011 109616492 7/31 /2011 109616492 7/31 /2011 109616492 7/31 /2011 109616492 7/31/2011 109616492 7/31 /2011 109616492 7/31/2011 109616492 7/31 /2011 109616492 7/31/2011 109616492 7/31l2011 109616492 7/31 /2011 109616492 7/31/2011 109616492 7(31/2011 109616492 7/31/2011 109616492 7/31 /2011 109616492 7/31 /2011 109616492 7/31 /2011 109616492 7/31 /201 1 109616492 7/31/2011 109616492 224560 8/15/2011 009566 STAPLES BUSINESS ADVANTAGE, 7/30/2011 8019271737 7/30/2011 8019271737 224561 8/15/2011 011134 STENDER ZUMWALT, PLLC, 7/29/2011 321 224562 8/15l2011 007710 SUPERIOR LINEN SERVICE, 7/25/2011 77369 8/1 /2011 78890 8/1/2011 S79063 224563 8/15/2011 009523 SYSTEMS FOR PUBLIC SAFETY, 7/26/2011 16886 7/21 /2011 16907 224564 8/15/2011 000588 TACOMA PUBLIC UTILITIES, 7l25/2011 100048250 7/25/2011 100048250 224565 8/15/2011 002176 TACOMA SCREW PRODUCTS INC, 7125/2011 13590564 7/27/2011 15100585 7/27/2011 15100719 224566 8/15/2011 001187 TECHNOLOGY EXPRESS, 7/22J2011 170573 7/22/2011 170573 224567 8/15/2011 009789 TERMINIX, 7/18/2011 306514141 224568 8/15/2011 006033 THE FAB SHOP LLC, 7/23/2011 16779 224569 8l15/2011 012773 THOMPSON, CHRISTINA 8/12/2011 911773 224570 S/15/2011 009280 THUNDERING OAK ENTERPRISES INC, Description IT-07/11 CELLULAR AIRTIME ASHS-Q2 2011 EMERGENCY HUMAN S JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFIGE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPUES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFF�CE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLVES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SU('PLIES- JULY 2011 OFFICE SUPPLIES- JULY 2011 OFFICE SUPPLIES- PD-OFFICE SUPPLIES PD-OFFICE SUPPLIES MO-07/11 PUBLIC DEFENDER AG11- DBC-�INEN SERVICE DBC-LINEN SERVICE DBC-LINEN SERVICE PD-REPAIR POWER STEERING PD-INSTALL EQUIPMENT RACK DBC/KFT-07/11 DASH PT. RD- DBCIKFT-07/11 DASH PT. RD- PKM-HARDWARE FOR BPA TRAIL SIG PKM-STLK DOCK REPAIRS- PKM-LAG SCREWS- IT-RR FUJITSU FI6140 DOCUMENT IT-RR FUJITSU ADVANCE EXCHANGE PKM-PEST CONTROL- PWFLT-REPLC REAR HINGE PRCS-FEE REDUCTION CREDIT THOM Page 25 of 29 Amount Check Total 2,646.06 5,007.53 5, 007.53 4,496.03 55.76 41.04 48.06 20.55 101.51 47.44 47.44 78.88 60.67 45.77 88.74 67.51 89.99 67.51 90.01 22.50 43.56 154.18 950.31 539.60 487.21 4.23 47.43 22.35 886.40 46.58 142.32 112.51 8.88 77.09 106.51 75.93 30.58 30,300.00 30, 300.00 211.26 30.79 23.82 156.65 1,211.91 1,100.73 111.18 859.12 575.61 283.51 118.30 5.21 12.55 100.54 1,796.90 1,619.51 177.39 117.17 117.17 2,404.60 2,404.60 119.50 119.50 217.71 Bank of America Check No. Date Vendor Im Date Invoice 8/1l2011 5144 224571 8/15/2011 004218 TIMCOINC, 7/22/2011 214757 224572 8/15/Z011 012951 TRAVELERS CASUALTY & SURETY CO, 7/26l2011 AG10-173 #2 7/26l2011 AG10.173 #2 224573 8/15/2011 008902 TRI-CITY MEATS, 8/4/2011 248282 7/20/2011 247716 224574 8/15/2011 003766 TUCCI & SONS INC, 8/2/2011 AG11-066 #3 8/2/2011 AG11-066#3 224575 Sl15/2011 002426 UNITED GROCERS CASH & CARRY, 8/3/2011 192492 8/4/2011 178285 8/1/2011 191843 8/ 1 /2011 191886 7/26/2011 190090 7/23/2011 189405 7/31 /2011 191642 7/29/2011 190986 7/20/2011 188191 7/20/2011 188321 7/20/2011 192744 7/21 /2011 188470 224576 8/15/2011 003837 UNITED PARCEL SERVICE, 7/23l2011 OOOOF6588 V 301 224577 8/15/2011 001512 URESCO CONSTRUCTION MATERIALS, 7/27/2011 001-256725 224578 8/15/2011 004552 VALLEY CITIES COUNSELING, 7/31/2011 2ND QTR 2011 7/31l2011 2ND QTR 2011 B 7/31/2011 2ND QTR 2011 A 224579 8/15/2011 003528 WA STATE CRIMINAL JUSTICE, 7/20/2011 2011-1388 7/19/2011 2011-1383 224580 8/15/2011 012385 WA STATE DEPT OF LICENSING, 6/1l2011 CA54104FW 224581 8/15/2011 000253 WA STATE DEPT OF TRANSPORTATN, 2/15/2011 RE-313-ATB10215049 2/15/2011 RE-313-AT810215049 2/15/2011 RE-313-ATB10215050 2/15/2011 RE-313-AT810215050 224552 S/15/2011 003825 WA STATE DEPT OF TRANSPORTATN, 7/12/2011 RE-313-AT810712111 6/14/2011 RE-313-AT810614045 6/14/2011 RE-313-AT810614055 224583 8/15/2011 000280 WA STATE EMPLOYMENT SECURITY, 7/9/2011 601 223 538 000 7/9/2011 601 223 538 000 224584 8/15/2011 000340 WA STATE INFORMATION SERVICES, 8/9/2011 2011070155 8/9/2011 2011070155 S/9/2011 2011070155 224585 8l15/2011 004752 WA STATE LABOR & INDUSTRIES, 8/4/2011 21283 224586 8/15/2011 000514 WA STATE-STATE REVENUES, 8l10/2011 JULY 2011 8/10/2011 JULY 2011 8/10l2011 JULY 2011 8/10l2011 JULY 2011 8/10l2011 JULY 2011 Description PKM-TREE SERVICE AG11-003 PWST-HOSE END E� BAND CLAMP PWTR-PEDESTRIAN SAFETY PROJECT PWTR-PEDESTRIAN SAFETY PROJECT DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES PWST-2011 OVERLAY AG11-066- PWST-2011 OVERLAY AG11-066- DBC-CATERING SUPPLIES DBGCATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES DBC-CATERING SUPPLIES PD-UPS DELIVER TO SECRET SERVI PKM-TREATED WOOD- ASHS-Q2 2011 GIRL'S CIRCLE EMP ASHS-Q2 2011 MENTAL HEALTH COU ASHS-Q2 2011 YOUTH DEVELOPMENT PD-MENTAL HEALTH FIRST AID TRN PD-CRIME SCENE PHOTOGRAPHY TRN MC-CA54104FW VERIFY ID PW-WSDOT 2011 MAINTlSTATE ROUT PW-WSDOT 2011 MAINT/STATE ROUT PW-WSDOT 2011 MAINT/STATE ROUT PW-WSDOT 2011 MAINT/STATE ROUT PWST-S 320TH OFF RAMP AG10-046 PWST-S 320TH OFF RAMP AG10-046 PWST-S. 320TH OFF RAMP CONSTRU HR-2ND QTR 2011 UI TAX HR-2ND QTR 2011 UI TAX IT-07/11 SCAN SERVICE IT-07/11 SCAN SERVICE IT-07/11 SCAN SERVICE PD-#21283 EXPLOSIVE RENEW WED FI-07/11 STATE PORTION REMIT F FI-07/11 PSEA COURT FEES #2 FI-07/11 PSEA COURT FEES #3 FI-07/11 ACCESSCOMMACCT FI-07/11 MULTITRANSACCT Page 26 of 29 Amount Check Total 217.71 36.76 36.76 122,916.00 129, 385.26 -6,469.26 899.73 202.48 697.25 389,172.15 409,654.89 -20,482.74 1,115.93 252.15 150.93 62.44 7.69 67.21 63.62 41J9 135.25 109.63 122.67 -15.87 118.42 22.14 22.14 197.34 197.34 12,625.00 1, 250.00 10, 000.00 1, 375.00 300.00 250.00 50.00 40.80 40.80 478.74 23.38 10.02 311.74 133.60 3, 215.29 202.73 654.67 2,357.89 95, 861.97 83,955.97 11, 906.00 686.89 302.23 343.45 41.21 50.00 50.00 107,106.91 48,330.67 24,292.70 394.06 209.95 209.99 Bank of America Check No. D a t e Vendor Inv Date Invoice 8/10/2011 JULY 2011 Sl10/2011 JULY 2011 8/10/2011 JULY 2011 8/10/2011 JULY 2011 8/10l2011 JULY 2011 8l10/2011 JULY 2011 8/10/2011 JULY 2011 224587 8/15/2011 006007 WALKER ACE HARDWARE, 7/20/2011 005846 224588 8l15/2011 012584 WASHINGTON TRACTOR INC, 7/14/2011 4017464 224589 8/15/2011 000783 WASTE MANAGEMENT, 8/1 /2011 1178694-1055-7 224590 8/15/2011 012910 WEIS, ROBERT J. 7/28/2011 4312 224591 8/15/2011 001241 WEST COAST AWARDS, 5/17/2011 49367 8!2/2011 49642 8/2/2011 49642 224592 8/15/2011 000541 WESTERN EQUIPMENT DISTRIBUTORS, 7/27/2011 678859 7/28l2011 679141 224593 8/15l2011 012545 WHITE RIVER FAMILY CARE LLC, 7/9/2011 614421777 224594 8/15/2011 002087 WHITMAN GLOBAL CARPET CARE, 7/30/2011 47142 224595 8/15/2011 011523 WHOLESA�E SPORTS, 7/27/2019 150-00075 224596 8/15/2011 010720 WILDER, SAMANTHA 8/2/2011 WECFW33 224597 8/15/2011 012960 WILSON, PETER 8/3/2011 03-71097 REFUND 224598 8/15/2011 001206 WSSUA-WA STATE SOFTBALL UMPIRE, 8/1 /2011 621 7/5/2011 601 224599 8/15/2011 001121 WWEE-WA WOMEN EMPLOY/EDUCATION, 7/31/2011 2ND QTR 2011 224600 8/15/2011 012305 XTREME SIGNS & GRAPHICS, 7/26/2011 11-1002 224601 8/15/2011 008036 YWCA SEATTLE- KING COUNTY, 8/1/2011 2ND QTR 2011 7113793 S/3/2011 009467 US BANK, 7/25l2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25l2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7/25/2011 07113793 7l25/2011 07113793 7/25/2011 07113793 Description FI-07/11 PSEA JIS FEES FI-07/11 TRAUMA VICTiMS FEES F1-07/11 SCHOOL ZONE SAFETY FI-07/11 AUTO THEFT PREV. FI-07/11 BRAIN TRAUMA INJ FI-07/11 JUDICIAL STABILIZATIO FI-07/11 SBCC SURCHARGE FEES DBC-POWER STRIP AND ADAPTER PWFLT-CLUTCH CABLES SWR-07/11 LITTER DISPOSAL SVCS CDED-0EMOGRAPHIC BUSINESS ANAL PRCS-ST. MARY'S SHIRTS AG10-09 DBC-STAFF SHIRTS DBC-STAFF SHIRTS PWFLT-REPAIR/MAINT SUPPLIES PWF�T-BEARINGS & NUT PD-07/11 PRISONER MED TREAT BU CHB-CARPET CLEANING, CITY HALL PKM-WADERS FOR WATER WORK- SWR-06/11-07/�1 RECYCLING PROG PD-03-71097 WILSON LAMINATE FE PRCS-SOFTBALL UMPIRES SVCS AG1 PRCS-SOFTBALL UMPIRES SVCS AG1 ASHS-Q2 2011 REACH PLUS PROG. PKM-DASH POINT SIGN- ASHS-Q2 2011 CHILDREN'S DV PRO PD-BKGRND CHECK WENATCHEE PD-BKGRND CHECK WENATCHEE PD-SHOPVAC FOR RECORDS AREA PD-NW GANG INV WALKER & ELLIS PD-WELDING HINGE - SWAT EQUIP PD-TACTICAL SILENCE TRNG DEMAR PD-MANAGE EMOTIONS B VOLLMER PD-SHIP CALEA FILES TO OK CITY PD-TERRORISM - EMI TRNG MURPHY PD-ANIMAL SERVICES DOG FOOD PD-ASO INTERVIEW PANEL PD-BASIC SRO TRNG T TILFORD PD-SUBPOENA BOOKS PD-LAMINATOR FOR RECORDS PD-0LF, CLUTCH PD-BIKE SEATS & TOOL KIT PD-TYE DOWNS FOR CRT VEHICLE PD-BROOM FOR SALLY PORT AREA PD-BICYCLE SOFT GRIPS, TIRE TU Page 27 of 29 Amount Check Total 18, 328.00 4,519.11 426.91 8,695.84 1,493.12 40.06 166.50 59.90 59.90 185.72 450.97 1,562.50 192.72 1,020.31 500.00 142.35 77.73 185.00 1, 489.00 120.44 225.00 5.00 4,045.0� 7,755.00 2,500.00 163.95 1, 625.00 51.42 169.56 54.75 600.00 163.03 99.00 79.00 533.04 620.80 87.01 21.98 495.00 26.47 149.81 535.25 224.18 61.18 8.35 238.11 185.72 450.97 1, 562.50 1.713.03 220.08 185.00 1,489.00 120.44 225.00 5.00 11.800.00 2,500.00 163.95 1, 625.00 4,217.94 7114759 8/1/2011 009507 US BANK, 12,185.40 Bank of America Check No. Date 7119491 8/2/2011 Vendor 011218 US BANK, in Date 7/25/2011 7/25/2011 7l25/2011 7/25/2011 7/25/2011 7/25/2011 7/ZS/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25l2011 7/25l2011 7/25/2011 7/25l2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7l25/2011 7/25l2011 7/25/2011 7/25l2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25l2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25l2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7/25/2011 7l25/2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 20'11 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 JULY 2011 Invoice Description PRCS-RWB GENERAL STORE SUPPLIE PRCS-DINNER & A MOVIE PRCSlFWCGLASERQUEST FIT CAMP PRCS/FWCG�ASERQUEST FIT CAMP FWCC-REPLC BROKEN DECK GRATE FWCC-GROUP POWER LICENSE FEE PRCS-FIRST AID KIT PRCS/FWCGFIT CAMP SNACK PRCS/FWCGFIT CAMP SNACK FWCC-PVC PIPE & JOINTS FWCC-PAINT PRCS-DINNER & A MOVIE PRCS-MT RAINIER TRIP PRCS-MT RAINIER TRIP PRCS-REC INC SUMMER BBQ PRCS-DAY CAMP SUPPLIES FWCGSPLASH-TACULAR BAGS FWCC"CUSTOMER SVC" BOOK PRCS/FWCGFIT CAMP MOVIE TICKE PRCS/FWCGFIT CAMP MOVIE TICKE FWCC-RUBBER STAMP FWCC-SWIM TEAM CLOTHES - RESAL FWCC-STOP WATCHES FWCC-SCI FIT SEAT PRCS-TAC RAINIER TICKETS DAY C FWCC-CHILD CAR SEAT FOR TRAINI PRCS/FWCGFIT CAMP FIELD TRIP PRCS/FWCC-FIT CAMP FIELD TRIP PRCS-BRUNCH & A MOVIE ASHS-CDBG TRNG, ENGE, LINGQUIS MC-LANGUAGE LINE USAGE 7/9/11 PRCS-MARNIERS TICKETS PRCS-YAKAMA CULTURAL CNTR PRCS-RIDE THE DUCK TRIP PRCS-CRYSTAL MT. SR TRIP PRCS-ARGOSY CRUISES PRCS-MT. ST. HELENS TRIP PRCS-MT. ST. HELENS TRIP PRCS-COULEE DAM TRIP PRCS-RW8 CANDY AND PRIZES PRCS-SEATTLE STORM - DAY CAMP PRCS-PIONEER FARMS - DAY CAMP PRCS-FUN & FIT CRAZE SUPPLIES PRCS-RWB'WE CARE ALT SPORTS' PRCS-FUN & FIT CRAZE SUPPLIES PRCS-SHRINKY DINKS - DAY CAMP PRCS-'WE GOT GAME' SUPPLIES PRCS-MUSEUM OF GLASS - TEEN CA PWTR-ITE TRNG J HANNAHS PW-SUMMER PICNIC RESERVATION SWM-STORM WATER MGMT TEXT BOOK CC-07/11 MEETING DINNER CC-07/11 MEETING DINNER LAW-CDBG TRNG A. PEARSALL PWST-SHIP GPS SYSTEM TO LOCATI PKM-RETURN FLAG SHIPPING PKM-RETURN FLAG #1702231 PKM-SUN SCREEN FOR CREW PKM 'MOWING AHEAD' SIGNS PKM-DRAIN SNAKES PKM-AMERICORP RECOGNITION SUPP PKM-MEETING IN OLYMPIA PKM-SOCCER NETS/BASE BAGS, CLE Amount 39.65 20.00 75.00 75.00 100.07 685.00 45.17 8.49 8.48 5124 7727 30.00 15.00 14.00 103.39 74.01 56.94 14.82 37.13 37.12 40.00 841.35 61.24 183.38 1,768.65 75.00 26.99 26.98 22.00 769.20 � 34.85 21.64 44.00 201.92 30.00 544.50 167.79 75.25 499.59 105.38 1,687.00 1, 520.00 35.04 80.00 48.56 55.81 83.22 85.00 150.00 230.00 212.67 24.95 41.25 724.11 47.04 34.35 -535.50 73.26 145.01 3526 2020 3.00 3, 581.43 Page 28 of 29 Check Total 5,698.73 Bank of America Check No. Date Vendor Inv Date Invoice 7/25/2011 JULY 2011 7/25l201 t JULY 2011 7/25/2011 JULY 2011 7/25/2011 JULY 2011 7/25/2011 JULY 2011 7/25/2011 JULY 2011 7/25l2011 JULY 2011 7/ZSl2011 JULY 2011 7l25/2011 JULY 2011 7l25/2011 JULY 2011 7l25/2011 JULY 2011 7/25/2011 JULY 2011 7/25/2011 JULY 2011 7/25/2011 JULY 2011 7/25l2011 JULY 2011 7/25/2011 JULY 2011 7/25/2011 JULY 2011 7/25/2011 JULY 2011 7/25/2011 JULY 2011 7l25/2011 JULY 2011 8457307 8/9/2011 011291 JURY/WITNESS FUND, 7/29/2011 8457307 8459473 8/9/2011 011291 JURYlWITNESS FUND, 8/9/2011 8459473 8459480 8/9/2011 011291 JURY/WITNESS FUND, 8/9/2011 8459480 354231528/11l2011 000061 WA STATE REVENUE DEPARTMENT, 8/11 /2011 601-223-5385 8/1'I /2011 601-223-5385 8/11/2011 601-223-5385 8/ 11 /2011 601-223-5385 8/11/2011 601-223-5385 S/11/2011 601-223-5385 8/11/2011 601-223-5385 8/11 /2011 601-223-5385 8/11 /2011 601-223-5385 PKM-500' MEASURE TAPES SWM-CISEC RENEWAL C STEFFEN CC-NAME BADGE CC-MICROPHONE PLAQUE SWM-FOLDING SAWS SWM-100LL GASOLINE SWM-WALL POCKET ORGANIZER SWM-SAFEWAY SEE RCPT 01-84897 SWM-FLAGGER TRAINING PD-WATPA SUPPLIES SWR-07/11 RECYCLE SVC HR-WAPELRA CONF. J STANLEY IT-BLUE TOOTH MICROPHONE IT-LAPTON MDC IT-LISTEN TECH BATTERIES CD-PASSPORT MAILINGS CD-APA DUES J SHULL CD-ICSC REGISTRATION P DOHERTY CD-WRIST REST CD-NW SIGN COUNCIL MTG LEMKE MC-REPLENISH JURY WITNESS FUND MC-REPLENISH JURY WITNESS FUND MC-REPLENISH JURY WITNESS FUND FI-07/11 REMIT USE TAX FI-07/11 REMIT SALES TAX FI-07/11 REMIT SALES TAX-FWCC FI-07/11 REMIT SALES TAX DBC . FI-07/11 REMIT SALES TAX FWCC FI-07/11 REMIT SVC TAX/PW STOR FI-07/11 REMIT SALES TAX DBC FI-07/11 REMIT SALES TAX DBC FI-07/11 REMIT EXC TAX (ROUNDI Am ount 484.19 50.00 13.10 22.12 4373 64.40 23.53 82.81 59.00 209.98 47.42 160.00 43.79 37.21 19.98 163.46 461.00 210.00 73.93 25.00 Page 29 of 29 Check Total 465.88 465.88 998.08 998.08 1, 746.50 1, 746.50 18,151.59 1, 484.98 5.13 10,252.91 4,411.91 1, 813.40 18329 3, 909.37 -3, 909.37 -0.03 Total Checks Issued 437 Total $4,034,489.04 COUNCIL MEETING DATE: September 6, 201 1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITF,M #: �G SUB.TECT: JU�.Y 20ll MONTHLY FINANCIAL REPORT POLICY QUESTION: Should the Council approve the July 2011 Monthly Financial Report? COMMITTEE: Finance, Economic Development and Regional Affairs Committee CATEGORY: � Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Tho Kraus, Finance Director Attachments: ■ July 2011 Monthly Financial Report Options Considered: M��TING DA'rE: Auglist 23, 2011 ❑ Public Hearing ❑ Other DEPT: Finance 1. Approve the July 2011 Monthly Financial Report as presented. 2. Deny approval of the July 20ll Monthly Financial Report and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: �� Committee Coancd COMMITTEE RECOMMENDATION I move to forward approval of the July 2011 Monthly Financial Report to the September 6, 2011 consent agenda for approval. , � � �� �,. � ';, � .��" , , �.�'Z -�--`---�� � T—' :� .�c, �,�. � . ; ., Mike Par� ,�o mittee Chair an e Burbidge, Committ Jack D e ommittee � v / Member ber PROPOSED COUNCIL MOTION `7 move approval of the July 2011 Monthly Financial Report" (BELOW TD BE COMPLETED BY CITY CL&RKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERREll/NO ACTION ❑ MOVED TO SECOND READING (ordrnances only) REVISED — 08/]2/2010 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # Federal Wa Jul 2011 Monthl Financial Report v Y Y GENERAL & STREET FUND OPERATIONS The overall operations of the combined General and Street Fund showed a negative result of $2.2M. Overal] revenue total $22M and is $442K above 2011 year-to-date budaet of $21.6M. 2010 2011 YTD BUDGET VS ACTUAL GENERAL & STREET FUND Annual YTD YTD Favorable (Unfavoreble) Summary of Sources & Uses Budget Actuai Actual Budget Budget Actual 5 °� Beginning Fund Balance $ 8,345,195 $ 8,345,195 $ 8,345,195 $ 8,538,117 $ 8,538,117 $ 8,538,117 n/a nl OPERATING REVENUES Property Taxes 9,329,370 9,614,187 5,011,763 9,577,000 5,051,249 5,098,718 47,470 0.9°/ Sales Tax 10,578,000 10,708,951 6,132,779 10,684,000 6,157,190 6,254,135 96,946 1.6°/ Criminal Justice Sales Tax . 1,740,000 1,701,120 968,858 1,636,000 931,770 1,034,756 102,987 11.1% Intergovernmental 2,386,000 2,538,462 1,542,246 1,928,000 1,171,359 1,503,148 331,789 28.3% Leasehold Tax 4,000 5,757 2,849 4,000 1,980 2,998 1,019 51.5% GamblingTaxes 1,110,000 493,489 422,494 212,000 130,262 273,043 142,780 109.6% Court Revenue 1,477,469 1,SSS,931 929,328 1,557,500 928,646 898,243 (30,403) -3.3°/ Building PermitslFees-CD 1,251,000 1,314,602 785,116 1,241,815 764,471 610,274 (154,197) -202°/ ROW Permits & Develop Svcs Fees-PW 349,000 328,455 194,150 333,230 193,748 168,628 (25,120) -13.0% Licenses 240,000 251,620 88,470 242,000 85,088 84,667 (421) -0.5% Franchise Fees 995,000 980,891 733,091 945,000 706,267 747,931 41,664 5.9% Passport Agency Fees 73,000 58,925 44,700 69,000 52,343 26,470 (25,873) -49.4% Park & General Recreation Fees 775,000 913,831 557,695 848,811 518,014 569,331 51,317 9.9% Police Services 811,000 808,162 449,402 1,033,000 574,430 454,946 (119,485) -20.8% dmin/Cash Management Fees 639,755 640,460 373,727 493,117 287,748 287,652 (96) 0.0% Interest Earnings 72,250 32,518 28,612 74,000 65,110 13,212 (51,899) -79.7% MisGOther 247,000 300,972 164,221 274,260 149,646 182,868 33,222 222/a On oin Utilit Tau Transfers in: Celebration ParkIPK M&O 361,620 361,620 361,620 274,000 274,000 274,000 - nla Arts CommIRW&B Festival 119,070 119,070 119,070 97,000 97,000 97,000 - n/a Police Positions 1,002,862 1,002,862 1,002,862 1,432,000 1,432,000 1,432,000 - nla Street BondlLights 482,461 482,462 482,462 371,000 371,000 371,000 - n/a General Fund Operations 4,126,652 4,126,652 - 3,919,000 - - - n/a Prop 1 Voter Package 3,396,049 3,154,878 1,992,669 2,933,509 1,618,044 1,618,044 - N On oin Traffic Safet Transfer In: - CourUPolice/Traffic 830,000 830,000 - 83Q000 - - n/a Tota1 4peraUng Revenues 42,396,558 42,328,879 22,388,184 41,009,242 21,561,364 22,003,063 441,699 2.0% OPERATING EXPENDITURES City Council 432,645 414,733 295,558 477,345 327,486 312,449 15,037 4.6% MayorsOffice 1,714,325 1,319,670 792,199 1,554,800 933,347 688,305 245,043 26.3% Human Services 813,170 765,963 366,990 757,567 390,609 272,779 117,830 30.2% Municipal Court 1,488,253 1,428,247 831,419 1,539,668 888,739 849,007 39,733 4.5% Economic Development 404,921 290,857 130,472 217,941 107,308 55,841 51,468 48.0°/ Human Resources 1,148,879 961,623 505,506 843,226 499,794 441,617 58,178 11.6% Finance 979,647 917,770 569,853 927,264 513,513 496,787 16,726 3.3% CivillCriminal Legal Services 1,546,079 1,419,355 816,257 1,526,597 877,931 750,453 127,478 14.5 % Comm.DevelopmentSvcs 2,983,256 2,730,900 1,623,791 2,654,950 1,558,444 1,318,761 239,684 15.4% Jail Senrices 2,368,041 2,603,924 1,283,147 2,510,000 1,236,863 1,142,184 94,679 7.7% Police Services 22,659,132 21,992,667 13,128,801 24,514,805 14,389,483 13,586,284 803,199 5.6% Parks and Recreation 3,897,787 3,830,994 2,195,081 3,809,557 2,204,520 2,000,148 204,372 9.3% PubliC Works 4,717,933 4,141,643 2,373,011 4,605,454 2,719,911 2,284,859 435,052 16.0% 1-time Savings/Unalloc IS Charges 365,723 - - - - - - n/a Total Operating Expenditures 45,519,792 ' 42,818,348 24,912,084" 45,939,176 26,647,949 " 24,199,477 2,448,479 9.2% Operating Revenues overl(under) Operating Expenditures (3,123,234) (489,469) (2,523,900) (4,929,934) (5,086,585) (2,196,408) 2,890,177 -56.8% OTHER FINANCING SOURCES One-Time Transfers In\Grant\Other 1,137,677 955,373 391,719 5,454,725 4,296,646 4,296,646 - nla Total Other Financing Sources 1,137,677 955,373 391,719 5,454,725 4,296,646 4,296,646 n/a OTHER FINANCING USES Contingency Reserves 1,200,000 - - 1,117,362 - - - Na One-Time Transfers\Other\Unalloc IS 904,028 272,983 - 906,544 - - - n!a Total Other Financing Uses 2,104,028 272,983 2,023,906 - - - nla Totai Endin Fund Balance $ 4,255,609 $ 8,538,116 $ 6,213,014 $ 7,039,001 $ 7,748,178 $ 10,638,356 nla nla DESIGNATED OPERATING FUNDS Designated operating funds revenue total $15.4M and is $1.4M above year-to-date budget of $14M. Expenditures of $l 1.3M is $172K above 2011 year-to-date budget of $112M. � 2010 2011 YTD BUDGET VS ACTUAL DESIGNATED OPERATING FUNDS Annual YTD YTD YTD Favorable (Unfavorable) Summary of Sources & Uses Budget Actual Actual Budget Budget Actual b % Begin Balance-Designated Funds $ 10,004,673 $ 10,004,667 $ 10,004,667 $ 12,173,612 $ 12,173,616 $ 12,173,616 n/a n/a OPERATING REVENUES Intergovernmental 537,315 513,304 288,633 508,000 285,650 285,504 (147) -0.1 % Utility Tax 10,811,614 9,974,976 6,175,596 9,646,581 5,972,200 6,349,904 377,704 6.3% Utility Tax- Prop 1 Voter Package 3,155,239 2,915,334 1,807,181 2,819,419 1,747,725 1,855,505 107,780 62% Hotel/Motel Lodging Tax 165,000 149,058 73,989 155,000 79,246 96,096 16,850 21.3 % Real Estate Excise Tax 900,000 1,403,362 929,034 900,000 583,769 1,117,771 534,002 91.5% FW Community Center-Operations 1,552,093 1,608,401 1,009,297 1,555,422 975,183 1,006,231 31,048 32% Red light Photo Enforcement Program 830,000 1,510,291 763,132 830,000 419,389 654,574 235,184 56.1 % PropeRy Tax- KC Expansion Levy 151,443 155,828 82,000 153,000 80,511 83,535 3,024 3.8% Dumas Bay Centre 603,786 500,844 292,086 516,318 301,111 324,949 23,839 7.9% Knutzen Family Theatre - 413 287 - - 43 43 n/a SWMFees 3,338,969 3,419,564 1,795,066 3,164,969 1,661,419 1,822,331 160,912 9.7% Refuse Collection Fees 278,854 276,214 185,334 275,366 184,765 182,725 (2,040) -1.1 % Interest Eamings 150,526 17,949 17,007 54,000 51,164 9,060 (42,105) -82.3% MiscellaneouslOther 25,896 20,578 19,475 29,036 27,481 12,578 (14,902) -Sq.2/ UTAX Transfer Knutzen Family Theatre 132,232 132,232 132,232 113,000 113,000 113,000 - 0.0°/ UTAX Transfer FW Community Center 1,817,264 1,817,263 462,943 1,611,000 464,685 464,685 - 0.0% UTAXTransferArterialStreets 761,684 761,684 455,000 1,011,000 1,011,000 1,011,000 - 0.0% Total Operating Revenues 25,211,915 25,177,294 14,488,293 23,342,111 13,958,299 15,389,492 1,431,193 10.3% OPERATING EXPENDITURES City Overlay Program 2,133,379 1,593,829 587,138 2,074,874 764,347 1,557,910 (793,563) -103.8% Utility Tax-Admin/Cash Mgmt Fees 64,622 64,621 37,696 48,000 28,000 28,000 (0) 0.0 % Solid Waste 481,140 450,972 263,750 415,118 242,781 250,582 (7,801) -3.2% Hotel/Motel Lodging Tax 370,707 140,065 75,584 372,500 201,015 39,204 161,811 80.5% FW Community Center 2,110,626 2,051,623 1,170,182 2,142,839 1,214,033 1,178,360 35,674 2.9% raffic Safety (Red Light Photo) 50,000 2,938 2,938 50,000 - - - n/ Debt Service 1,203,805 1,179,462 340,765 1,162,726 335,930 309,869 26,061 7.8% Surface Water Management 3,574,474 2,947,662 1,805,695 3,414,797 2,091,855 1,674,945 416,911 19.9% Dumas Bay Centre 641,056 576,026 309,513 687,905 369,628 374,631 (5,003) -1.4% KnutzenFamilyTheatre 162,849 82,054 42,659 85,095 44,240 50,587 (6,348) -14.3% On oin tilit Tax Transfers ut: UTAX Transfer FW Community Center 1,817,264 1,817,261 468,764 1,611,000 464,685 464,685 - 0.0% UTAX Transfer Knutzen Family Theatre 132,232 132,232 132,232 113,000 113,000 113,000 - 0.0 % UTAXTransferArterialStreetsOverlay 761,684 761,684 455,000 1,011,000 1,011,000 1,011,000 - 0.0% UTAXTransferTransportationClP - - - 791,000 500,000 500,000 - 0.0% UTAX Transfer General/Street Fund Ops 6,092,666 6,092,666 1,966,014 6,093,000 2,174,000 2,174,000 - 0.0% Utax Transfer Prop 1 VoterPackage 3,396,049 3,154,879 1,992,670 2,933,509 1,618,044 1,618,044 - 0.0% Red Light Photo Trnsfr CourUPD/Traffic 830,000 830,000 830,000 - - - n/a Total Operating Expenditures 23,822,553 21,877,975 9,650,600 23,836,364 11,172,558 11,344,816 (172,258) -1.5% Operating Revenues over/�under) Operating Expenditures 1,389,362 3,299,319 4,837,693 (494,253) 2,785,741 4,044,676 1,258,934 45.2% OTHER FINANCING SOURCES Grants/Mitigation/Olher/Transfer 3,594,408 3,398,741 1,275,373 529,800 567,866 567,866 - 0.0% Total Other Financing Sources 3,594,408 3,398,741 1,275,373 529,800 567,866 567,866 0.0% OTHER FINANCING USES One-Time Transfers OuUOther 4,973,020 4,730,948 2,603,404 1,845,000 1,664,459 1,664,459 - 0.0% Total Other Financing Uses 4,973,020 4,730,948 2,603,404 1,845,000 7,664,459 1,664,459 - 0.0% ENDING FUND BALANCE Arterial Street - 561,373 1,334,783 - - 625,321 n/a n/a Utility Tau 3,457,015 3,012,648 4,752,369 2,733,137 - 4,937,339 n/a n/a Utility Tax -Prop � Voter Package 899,580 697,535 714,091 697,535 - 897,497 n/a n/ Solid Waste & RecyGing 103,805 135,098 105,746 133,223 - 91,100 n/a n/ Hotel/Motel Lodging Tax - 215,657 204,567 2,157 - 273,974 n/a n/ FW Community Center 660,704 780,753 336,283 889,335 - 780,753 n/a n/a Traffic Safety Fund 105,287 533,520 858,014 408,520 - 1,489,035 n/a n/a Paths & Trails 132,769 136,361 59,041 144,361 - 72,243 n/a n/a Debt Service Fund 2,905,708 3,379,428 3,125,723 3,126,699 - 3,562,526 n/a n/a Surface Water Management 1,638,753 2,274,261 1,727,151 2,225,891 - 2,232,155 n/a Na Dumas Bay/Knutzen Operations 82,304 146,982 252,528 3,298 - 159,754 n/a n/a Total Endin Fund Balance $ 9,985,926 $ 12,173,616 $ 13,470,296 $ 10,364,155 $ - $ 15,121,696 nla n!a Sales Tax Compared to year-to-date 2010 actual, sales tax revenues are up $121K or 2%. 3uly sales tax collection of $928K is $93K or ll 2% above 2010's July sales tax of $835K. The positive variance compared to May and April 20I0 is most likely due to the City's share of $56.8 million (of the $320.7 million the State received in state/local back taxes) for amnesty payments for local back taxes received by the state between February l and April 30`�'. The state did not provide breakdown of amnesty payments by jurisdiction, however, it appears some portion of the amnesty payments were categorized under the "Government" component (a category for local sales tax that cannot be coded to a specific jurisdiction - the pool funds are distributed proportionally across the state based on jurisdictions distribution amount). Compared to year-to-date 2011 budget, sales tax revenues are up $97K or 1.6%. If the City did not received the amnesty payment, the positive variance compared to 2010 actual would be reduced to $35K ar 0.6% and compared to year-to-date budget positive variance would be reduced to $11 K or 0.2%. There is an overall increase in ali areas with the exception of Wholesaling, Informarion, Fin/Ins/Real estate, and Other. LOCAL RETAIL SALES TAX REVENUES Year-to-date thru July 2010 2011 Change from 2010 2011 Actual vs Bud et Monih Actual Budget Acfual $ % $ % Jan $ 824,040 $ 839,057 $ 818,614 $ (5,426) -0.7% $ (20,443) -2.4% Feb 1,171,625 $ 1,181,633 1,153,192 (18,432) -1.6% (28,441) -2.4% Mar 786,688 $ 784,344 751,420 (35,268) -4.5% (32,924) -4.2% Apr 837,813 $ 792,623 805,675 (32,138) -3.8% 13,052 1.6% May 887,167 $ 912,803 949,316 62,149 7.0% 36,514 4.0% Jun 790,522 $ 806,626 847,896 57,374 7.3% 41,270 5.1% Jul 834,924 $ 840,105 928,023 93,099 112% 87,917 10.5% Aug 1,007,538 $ 980,315 - - - - - Sep 928,430 $ 923,997 - - - - - Oct 888,319 $ 889,014 - - - - - Nov 925,608 $ 925,361 - - - - - Dec 826,277 $ 808,123 - - - - - otal $ 6,132,779 $ 6,157,190 $ 6,254,135 $ 121,354 2.0% $ 96,946 1.6% nnua ota $ 10,708,951 $ 10,684,000 n/a n/a n/a j n/a n/a Sales Tax bv SIC Grou� Wholesaling unfavorable variance is mainly due to one-time purchases of computer hardware. Information unfavorable variance is due to prior year audit in 2010, which resulted in $31K for 2010. Fin/Ins/Real Estate is showing an unfavorable variance of $8K that consists of a decrease of $6K due to stores closing and $6K due to overall decrease in real estate/rentals/leasing. Other unfavorable variance is due to an audit in 2010 that resulted in an additional $lOK for 2010 distribution. Government overall increase appears to be due to amnesty payments. COM PARISON OF SALES TAX COLLECTIONS BYSIC GROUP Year-to-date thru July Component Component comprised of the 2010 2011 Change from 2010 Group following major categories Actual Acfual $ % General merchandise stores, motor vehicle & parks dealer, building materiaVgarden, and misc. RetailTrade storeretailers $ 3,3�9,603 $ 3,322,858 $ 3,255 0.'I% Food services/drinking places, professional, Services scientific, tech, and repair/maintenance 1,335,470 1,373,689 $ 38,219 2.9% Construction of buildings and specialty trade Construct contractors 526,295 602,832 $ 76,537 14.5% Wholesale of durable goods and non durable Wholesaling goods. 257,457 244,597 $ (12,860) -5.0% Transp/Utility Utilities 2,506 2,777 $ 271 10.8% Telecommunications, publishing and motion Information picture/sound record 345,400 299,772 $ (45,627) -13.2% Wood product manufacturing, printing/related Manufacturing support, and furniture related products 81,127 91,896 $ 10,769 13.3% Economic Programs, Executive/Legislative, Justice/Public Order, Human Resources Administration, Nonclassifiable Estabiishments w hich includes Liquor Stores and sales tax for establishments that did not classify their Government Component group. 103,584 172,423 $ 68,839 66.5% RentaUleasing services, real estate, and credit Fin/InslReal Estate intermediation. 138,442 130,410 $ (8,032) -5.8 % Nfining, support activities of mining, and Other transportation services. 22,897 12,886 $ (10,011) -43.7% YTDTotal $ 6,132,779 $ 6,254,135 $ 121,355 2.0% Sales Tczc by Area ■ S 348` is up $9K or 1.3% mainly due to a general increase and audit from a major wholesale retailer, which is offset by decrease in building/garden retailer. SALES TAX COMPARISON byAREA Yea r• to-da te Jul y Chg from 2010 Group 2010 2011 $ % YTD Total Sales Tax $6,132,179 $6,254,135 $111,354 � 2.0% S 348th Retail Btock $642,474 $651,351 $8,877 ; 1.3% f % chg from prev yr -8.6% 1.4% na � na The Commons 583,554 593,290 $9,736' 1.6% % chg from prev yr -4.9% 1.7� na ; na S 312th to S 316th 531,833 501,574 ($30,259) i -5.6°!n % chg from prev yr -1.7� -5.7% na' na Pavilion Center 329,520 321,382 ($7,138); -23% % chg from prev yr 5.7% -2.2% na' na Hotels & Motels 72,531 91,787 19,256 ' 24.3% % chg from prev yr -8.5% 26.5% na ; na ■ The Commons is up $lOK or 1.6% mainly due to an overall increase for an electronics retailer and a ma or retailer Qoina �Crossings 237,977 238,428 451 � 0.2% J c � ; out of business sale. % chg from prev yr -3.4% 0.2°� na � na ■ S312 to S316` is down $30K or 5.6% mainly due to a decrease from a major retailer offset by an increase in a motor/parts dealer. ■ Pavilion Center is down $7K or 23% mainly due to a decrease from a major electronics/appliances retailer and a grocery retailer. ■ Hotel & Motels is up $19K or 243% mainly due to adding one additional hotel which opened in August of 2010. ■ Federal Way Crossings is up less than $1K or 02% mainly due to an increase for new food/beverage retailers offset by a decrease in a cellular retailer. �Itility Tax (Total 7.75%) Total utility taxes received year-to-date 20ll is $8.2M and is above 2010's year-to-date collections by $223K or 2.8%. The variance between January and February is due to timing of payments. Compared to budget, net utilities tax revenues are above 2011 projections by $485K or 63%. Federal Way residents who are 65 years of age or older, disabled/unable to work, and had an income during the calendar year qualifies for the City's Utility Tax Rebate Progam. Any payments that these qualified individuals made towards the utility tax that is passed from the utility company to the consumer is reimbursed by the City. This is an annual program that opens January l and closes April 30' of each year. City has processed 216 rebates totaling $27K. UTILITY TAXES Year-to-dafe ffiru July 2010 2011 Change from 2010 2011 Actual vs Budget Month Actual Budget Actual $ Var % Var $ Var % Var Jan $ 1,259,004 $ 1,217,583 $ 1,121,556 $ (137,448) -10.9% $ (96,027) J.9°/ Feb 1,227,306 1,186,928 1,358,659 131,353 10.7% 171,732 14.5% Mar 1,162,917 1,124,657 1,286,564 123,647 10.6% 161,907 14.4% Apr 1,210,765 1,170,931 1,295,155 84,391 7.0% 124,225 10.6% May 1,119,347 1,082,521 1,186,432 67,085 6.0°/ 103,911 9.6% Jun 1,043,015 1,008,700 1,033,820 (9,195) -0.9% 25,120 2.5°/ Jul 980,878 948,607 949,722 (31,156) -3.2% 1,115 0.1% Aug 936,258 905,455 - - - - - Sep 925,067 897,534 - - - - - Oct 1,038,465 1,004,300 - - - - - Nov 989,331 956,782 - - - - - Dec 1,015,410 982,003 - - - - - YTD Total $ 8,003,231 $ 7,739,925 $ 8,231,909 $ 228,678 2.9% $ 491,984 6.4% Rebate (20,453) (20,000) (26,500) (6,046) 29.6% (6,500) 32.5% Total: g 7,982,778 $ 7,719,925 $ 8,205,410 $ 222,632 2.8% 485,484 6.3% Comparing 20ll to 2010: Compared to year-to-date 2010 - ■ Electricity is up by $176K or 6% mainly due to more consumption. ■ Gas is up by $223K or 18% mainly due to a 2% rate increase effective November 1, 2010 along with more consumption. ■ Solid Waste is up by $11 K or 2.4% due to an overall rate increase of 16.9% effective March 1, 2010. ■ Cabte is up by $18K or 2.1%. ■ Phone is down by $57K or 83% due to a decrease from a major tax payor. ■ Cellular phone is down by $142K or 8.3% mainly due to a major payor excluding data service revenue as part of the utility tax calculation and another major payor decrease in overall revenues. UTILITY TAXES Year-to-date thru Jufy [ 2010 2011 Change from 2010 ; Actual Actual $ Var %Var �ectric $ 2,936,456 $ 3,112,255 $ 175,800 6.0% Gas 1,240,578 1,463,632 223,055 18.0% Solid Waste 449,486 460,294 10,808 2.4% Cable 826,459 844,015 17,555 2.1% Phone 689,719 632,569 (57,150) -8.3% Cellular 1,719,931 1,577,593 (142,339) -8.3°/a Pager 885 267 (619) -69.9% SWM 139,717 141,284 1,568 1.1 % Tax Rebate � (20,453) (26,500} (6,046) 29.6% YTD Total �$ 7,982,778 $ 8,205,410 $ 222,632 2.8% Update on Proposition l Year-to-date 2011 Prop 1 expenditures total $1.7M or 56.4% of the $2.9M budget. Current life-to-date Prop 1 Utility tax collections total $13.3M and expenditures total $12.4M resulting in ending fund balance of $897K. 2010 2011 PROP 1 LIFE Budget Actual Budget Actual TO DATE Beginning Balance: $ 899,580 $ 899,580 $ 697,535 $ 697,535 $ - OPERATING REVENUES Jan 288,315 284,291 274,938 253,255 1,089,430 February 336,039 277,134 268,016 306,794 1,169,215 March 321,603 262,594 253,955 289,430 1,450,437 Aprii 284,790 273,399 264,404 291,178 1,376,698 May 309,597 252,756 244,440 266,935 1,360,290 June 238,257 235,519 227,771 233,443 1,146,764 July 235,146 221,489 214,202 214,470 1,101,134 August 218,505 211,413 204,458 - 849,205 September 212,824 209,564 202,669 - 845,016 October 239,204 234,492 226,777 - 917,239 November 229,715 223,397 216,048 - 902,985 December 241,241 229,286 221,743 - 1,067,253 Total Pro 1 Revenues 3,155,239 2,915,334 2,819,419 1,855,505 13,275,667 OPERATING EXPENDITURES Public Safety Improvement Positions & Costs: Police Services (includes sworn postions, records clerk, and indirect Information Technology support costs)"' 2,340,772 2,149,892 2,288,620 1,305,188 8,774,690 Court Services (includes Judge, Court Clerk, Prosecutor, public defender contract, and indirect Information Technology support) 383,866 352,502 292,826 156,514 1,453,068 Total Public Safe Im rovement Positions 8 Costs 2,724,638 2,502,394 2,581,446 1,461,702 10,227,758 Community Safety Program Costs: Code Enforcement Officer' 100,218 84,529 - - 318,857 Code Enforcement Civil Attorney 72,589 55,255 158,279 80,513 310,471 Park Maintenance 112,046 98,309 111,697 59,570 426,462 Total Communi Safe Im rovement Pro ram Costs 284,853 238,093 269,976 140,082 1,055,790 Indirect Support - HR Analyst 46,780 39,391 44,586 16,259 172,128 SafeCit M&O 39,784 37,500 37,500 37,500 133,428 Subtotal On oin Ex enditures 3,096,049 2,817,378 2,933,508 1,655,543 11,589,104 SafeCity Startup - - - - 189,066 Other Transfer - Prop 1 OT for Police 300,000 300,000 - - 600,000 Subtotal Other Expenditures 300,000 300,000 - - 789,066 Total Prop 1 Expenditures 3;39fi 3,117,378 2,933,508 1,655,543 12,378,170 Total Ending Fund Balances: ' ' $ "658,770 $ "'897,535 $ `583,446 '$ 89T,497 $ 897,497 Real Estate Excise Tux Compared to 2010 year-to-date actuals, collections are up $189K or 20.3%. July's receipt of $78K is betow July 2010's actual by $203K and $8K below July 2011's projections. Year-to-date collections are currently exceeding 2011 year-to-date projections. The increase in January is due to the sale of the Palisades Apartments ($67.SM), Woodmark at Steel Lake - Rerirement Community ($92M), business building located on 6`� Ave S. ($4.4M), and a vacant lot located on 19`� Ave ($2.OM). The increase in June is due to the sale of The Lodge Apartments for $52M. July 20ll activities include 198 real estate transactions, of which 118 were tax exempt: July had no significant transactions. HoteUMotet Lodging Tax Hotel/Motel lodging tax collections far year- to-date 20ll total $96K. Compared to year- to-date 2010, lodging tax is up $22K or 29.9%. The increase is due to Hampton Inn & Suites, which opened in August of 2010. Compared to 2011 year-to-date budget, lodging tax is above projections by $17K or 21.3%. REAL ESTATE DCCI SE TAX REVEN UES Year-to-date thru July 2010 2011 Change from 2010 2011 Actual vsBudget M onth Actuat Budget Actoa! ` $ Var % Var $ Var % Var Jan $ 79,389 $ 89,931 :$ 461,865 ,$ 382,476 481.8% $ 371,934 413.6% Feb 47,571 73,499 ; 44,769 (2,802) -5.9 % (28,730) -39.1 % N}er 230,191 96,613: 67,758 (162,433) -70.6% (28,855) -29.9% Apr 125,035 73,990 i 77,333 (47,702) -38.2% 3,343 4.5% M2y 78,616 92,490 E 55,008 (23,608) 30.0% (37,481) -40.5% Jun 87,441 70,991 i 332,852 245,411 280.7% 261,861 368.9% �ui 2so,�si ss,z5a ; �s,�as �zo2,sos� -�z.z°i (a,oss� -s.a°io Aug 60,287 57,077 ; - - - - Sep 57,664 80,929 ; - - - Oct 89,537 65,147: - - - - Nov 54,191 63,283 ; - - - - Dec 212,649 49,795 ; - - - - YTDTotal $ 929,034 $ 583,769 ;$ 1,117,771 188,737 20.3% 534,002 91.5% Annual Total $ 1,403,362 $ 900,000 ? nla nla nla nla nla HOTEL/MOTEL LODGING TAX REVENUES Year•to-datethru July 2010 2011 Change from 2010 201? Actual vs8udget Month Actual Budget Actual $ Var %Var $ Var %Var Jan $ 8,787 $ 10,846 $ 10,925 $ 2,138 24.3% $ 79 0.7% Feb 11,823 12,041 T2,360 537 4.5% 319 27% M2r 8,134 9,623 9,988 1,854 22.8% 365 3.8% Apr 10,617 11,031 12,823 2,206 20.8% 1,792 16.2% May 13,285 13,654 16,036 2,751 20.7% 2,382 17.4% Jun 9,489 10,488 13,982 4,493 47.3% 3,494 33.3°/a Jul 11,853 11,563 19,982 8,129 68.6% 8,419 72.8% Aug 12,099 15,532 - - - - - Sep 16,947 16,432 - - - - - Oct 16,476 17,444 - - - - - Nov 14,628 14,724 - - - - - Dec 14,918 11,622 - - - - - YTDTotal $ 73�989 $ 79�246 $ 96�096 S 22�107 29.9% $ 16�850 21.3% Annual Totai $ 149,058 $ 155,000 nla nla nla nla nla Gambling Tax Year-to-date 2011 Gambling tax collection total $273K, which is exceeding year-to-date projections. In comparison to year-to-date 2010 collecrion, 2011's tax collection is $149K or 35.4% below. The negative variance comparing to 2010 year-to-date actual are due to $130K decrease in a cardroom establishment, $46K due to rate change for pulltabs and $4K due to a gambling establishment closing in March of 2010. However, these are offset by an additional establishment added for amusement/games, which added $12K for prior years back taxes and an additional $13K for penalties and interests owed. The current gambling rates are as follows: Card Rooms - rate from 20% to 10% effective date June 6 2010 and Pulltabs - rate from 5% to 3% effective date August 1 2010, and Amusement is 2%. GAM BLING TAX REVENUE Year-to-date thru Jul y 2010 2011 Change from 2010 2011 Actual vs Budget Month Actual Budget Actual $ Var %Var $ Var %Var Jan $ 68,015 $ 19,108 $ 6,879 $ (61,136) -89.9%o $ (12,229) -64.0% Feb 84,876 21,337 63,306 (21,571) -25.4% 41,969 1967% M2r 87,142 12,158 55,169 (31,973) -36.7% 43,011 353.8% Apr 96,850 28,343 52,305 (44,545) -46.0% 23,961 84.5% M2y 11,768 14,044 35,055 23,287 197.9% 21,011 149.6°/a Jun 51,860 18,209 46,594 (5,267) -10.2% 28,384 155.9% Jul 21,983 17,063 13,735 (8,248) -37.5% (3,328) -19.5% Aug 12,475 20,488 - - - - - Sep 25,354 14,349 - - - - - Oct 9,664 13,457 - - - - - Nou 54,129 22,671 - - - - - Dec (30,627) 10,772 - - - - - YTDTotal $ 422,494 $ 130,262 $ 273,043 $(149,452) -35.4% $ 142,780 109.6% Annual Total $ 493,489 $ 212,000 n/a nla n/a nfa nla Stute Shared Revenue Year-to-date 2011 distribution of $3.OM is above 2010's year-to-date activity by $21K or less than 1.0%. The favorab(e variance is mainly due to increase in Local Criminal Justice Sales Tax, Dui Cities, and Criminal Justice - Population. The City qualified for Criminal Justice High Crime distribution for 2" half of 2011 through the first half of 2012. Criminal Justice High Crime will be reevaluated in June 2012 to determine if the City qualifies for the High Crime distribution July l 2012 through June 30`�, 2013. pB/'Ift11 f�C1ZVZly Building, planning, and zoning permit activities are below 2010's year-to-date activity by $174.8K or 223%. Compared to year-to-date budget, permit activity is down $154K or 20.1 %. Permit activity and permit issuance remain below expectations. Community Development's 15.4% expenditure variance of $2S9.7K is mainly due timing of 1-time progam for Comprehensive Plan Update, abatement funding and permit system upgrade which is funded by automation fees. STATE SHARED REVENUES Year-to-da te thru Jul y 2010 2011 Change from 2010 Revenue Actua! Actual $ % Liquor Profits Tax $ 368,196 $ 349,535 $ (18,660) -3.1% LiquorExciseTax 328,129 326,741 (1,388) -0.4% Gim Just - Fbpulation 70,491 70,965 474 0.7% Giminal Just High Crime 155,318 142,128 (13,190) -8.5% Local Gim Just Sales Tax 968,858 1,034,756 65,898 6.8% Fuel Tax` 1,077,678 1,063,698 (13,980) -1.3% DUI- Cities 12,350 14,514 2,164 17.5°/a YTD Total $ 2,981,020 $ 3,002,338 $ 21,318 0.7°fo ' Fuel tax amo unt includes general/street, des ignated o pereting funds, and transpo rtation C IP. Bl11LDING & LAND USE PERMITS AND FEES Year to date thru Juty 2010 2011 Change from ZU10 : 2011 Actual vs Budget Actual Budget Actual 3 % $ % Jan 70,617 71,446 116,720 46,103 ' 65.3%; 45,274 63.4% Feb 65,393 110,258 90,356 24,963 i 38.2%i (19,903) -18.1°/a R/lar 150,033 105,021 70,100 (79,933)S -53.3%� (34,921) -33.3% Apr 112,032 129,921 79,234 (32,79$)' -29.3%` (50,687) -39.0% May 134,120 108,167 85,035 (49,085) -36.6%! (23,132) -21.4% JU� 142,582 125,863 108,858 (33,724)j -23.7%; (17,005) -13.5% Jul 110,339 113,795 59,971 (50,368)� -45.6%� (53,823) -47.3% Aug 147,524 126,620 - - - € - - Sep 83,417 68,156 - - - - - Oct 60,733 92,681 - - - - - Nov 121,566 93,449 - - - - - Dec 105,629 96,439 - - - - - YTDTotal 785,116 764,471 610,274 (174,842); -22.3%; (154,197) -20.2% Annual Total 1,303,986 1,241,815 n/a nla nla nla nla Right-of-way permits and development services permit fees are down $25.1K or 13.0% when compared to 20ll year-to-date budget. Permit activiries are at a lower level than year-to-date 2010, this is due to residential, commercial and plat activities remaining down due to economic conditions in the market place. Owners/developers are not proceeding with new plats since there is a surplus of new homes, new lots, and other financial issues. This is the same for the commercial market, there is an excess of existing office space and banks are more stringent on lending practices. Public Works Operations year-to-date 2011 expenditures total $2.�M and is $435.1K or 16.0% below budget of $2.7M mainly due to vacant grant funded traffic engineer (hired mid-March 2011), savings found in temporary help, timing of intergovernmental payments, traffic counts, repairs/maintenance, signal timing, comp plan, and community putting prevention to work (CPPW), and one-time gas savings. ROWPERMiTS & DEV�OPMENT S82VICES'FEES Year to date thru July 2010'' 2019 Change from 2010 ' 2011 Actual vs Budget Actual Budget Actuat ' ' a ' °k $ '% Jan 11,036 22,647 12,685 1,648 14.9% (9,963) -44.0% Feb 30,655 27,555 30,046 (610) -2.0% 2,491 9.0% Mar 26,054 19,681 22,477 (3,577) -13.7% 2,796 14.2°/o Apr 35,290 39,579 25,148 (10,141) -28.7% (14,431) -36.5% May 26,709 27,589 44,077 17,367 65.0°/a 16,488 59.8% Jun 46,479 28,812 20,973 (25,506) -54.9% (7,839) -27.2% Jul 17,926 27,886 13,224 (4,702) -26.2% (14,662) -52.6% Aug 26,559 34,025 - - - - - Sep 34,582 16,584 - - - - Oct 17,772 30,552 - - - - - Nov 29,089 27,192 - - - - - Dec 26,304 31,128 � - - - - - YTDTotal [ 194�150 � 193�748 168,628 (25�521)� -13.1% (25�120) -13.0% Annual Total 328,455 333,230 nla nla nla nla nla Police Deprrrtment Year-to-date 2011 expenditures total $13.6M and is $��32K or 5.6% below the year-to-clate budbet of �14.4M. The savings is mainly due to police officer vacancy, 1-time program for SCORE start-up cost (not anticipated to be savings at year-end), 1-time gas increase, (-time program for various � and timin; of ongoing travel/training. Compared to year-to-date budget, overtime is $30K or 6.4% above year-to-date estimate. The Overtime budget consists of $686K for City overtime and $106K for billable time. There is a decrease of $8K or 9.3% in overtime for contracted services and traffic school. When the decrease from the billable overtime is included, the total overtime increased $25K or 5.3%. Red Light Photo enforcement overtime is not budgeted far the Police Department. The increases compared to prior year overtime are due to: February - homicide investigation and conducting an investigation for an officer involved shooting in the City of Tukwila. May - mutual aid request from City of Auburn and timing of the Civil Disturbance (CDU) week long training June - murder trial that required Criminal Investigation staff and assisted Tukwila PD in the patrol of Rock & Roll Marathon which will be reimbursed by the City of Tukwila. July - Red, White, and Blue & SheRox Triathlon required extra overtime staffing. The Department also experienced staffing shortages due to one officer being on Administrative Leave for the entire month of July and 4 officers were on light duty associated with injuries. In addition, there were three Bomb Disposal Unit call outs and one major SWAT Unit call out. PDOvertime By Month 2010 2011 Change from 2010 2011 Actual vs Budget Actual Budget Actuai $ % $ % Jan $ 57,368 $ 60,909 $ 56,227 $ (1,141) -2.0% $ (4,683) -7.7% Feb 40,952 45,563 56,219 15,267 37.3% 10,656 23.4% Mar 65,076 62,036 50,412 (14,664) -22.5% (11,624) -18.7% Apr 57,612 57,891 45,223 (12,389) -21.5% (12,668) -21.9% M2y 53,154 56,169 78,380 25,225 47.5% 22,210 39.5% Jun 44,058 54,954 50,613 6,555 14.9% (4,341) -7.9% Jul 60,583 63,185 74,968 14,385 23.7% 11,783 18.6% Aug 63,193 64,574 - - - - Sep 43,689 55,870 - - - - - Oct 66,180 58,401 - - - - - Nov 44,802 51,130 - - - - - Dec 56,057 54,945 - - - - - Gty Portion $ 378,803 $ 400,707 $ 412,041 33,238 8.8% 11,334 2.8% Billabie 90,860 64,036 82,394 (8,466) -9.3% 18,359 28.7% YTD Total 469,664 464,743 494,435 24,773 5.3% 29,692 6.4% PD Overtime by Type Type 2010 2011 $ % Training $ 9,206 $ 6,055 $ (3,151) -34.2% Court 15,268 20,442 5,174 33.9% Feld Oper 276,082 308,356 32,274 11.7% Other 78,247 77,190 (1,057) -1.4% Gty Portion 378,803 412,042 33,239 8.8% ContracUGrant 63,123 60,899 (2,224) -3.5% Traffic School 27,737 21,495 (6,242) -22.5% Billable 90,860 82,394 (8,465) -9.3% Grand Total $ 469,664 $ 494,435 $ 24,773 5.3% Animal Services Previously anima} services was administered by Kin� County. The County had estimated that Federal Way would incur a cost of approximately $538K annually to continue the service agreement at full recovery cost. In July of 2010, the City formed its own Animal Services Division within the Police Department due to the anticipated increase in cost. Animal Services start-up cost in 2010 came in $53K or 21% under budget due to primarily to savings in purchase of the Animal Service vehicle, sheltering costs and license start-up. Revenues in 2010 was under projection by $18K or 35% due to failure to renew King County license with the City. 2011 projected pet license revenues of $264K was based on 100% of King County license renewals and an increase in new licenses. This did not take into consideration the free licenses for Senior/Disabled, which averages about 150 potential license revenues per month the City would have received otherwise (about $45K a year). The City is currently reviewing King County's database of licenses to obtain 100% license renewals. To date, the City has issued 2,462 Licenses, which generated $63K. Donation of $4K was received to be used for Animal Services. Jail Serviees Animal Services 2010 2011 Annual Budget Annual Actual Annuat Budget YTD Actual Operating Revenues _ . _. �., Pet License 50,000 32,270 264,000 ; 62,541 ._ _.. Impound - - - __ _ . ._ Misc/Donations � 1,007 � 3,802 YTD Operating Revenues: 50,000 ! 33,277 264,000 ; 66,343 Operating Expenditures' _ _. � ___.__�__ _ . __,_._._ Personnel 82,500 ' 87,�205 � 153,�835 ; 74,663 _,. . �_ � _____ _. __ ., . Shelter 50,000 22,058 100,000 25,486 __._ . _._� _ .. .. Volunteer Program Supplies - - 5,000 291 �.. .._ . _ _._ __ Supplies - 12,719 2,500 1,345 . .,., �,,.., _ . . Administrati�e Heanngs - 10,000 ; - YTD Operating Expenditures: 132,500 ! 121,982 271,335 `` 101,785 NetOperating Income (Loss): (82,500)', (88,705) (7,335)'; (35,442) One-time Expenditures ____ _..., , _. .. __ . Uniform/Equipment 3,500 3,840 - � ....e. ° ___.. Tra�IlTraining -' 2,390 , - Vehicle Purch . ... 3._.. . _� _�. . _ _- ase 80,000 52,410 _ _ __ Co�p _ m uter/Software Purchase 33,740 16,362 - - Total One-time Start up: 117,240 ' 75,000 nla '; n/a Totai 2010 E�cpenditures: 249,740" 196,982 nla '� n!a '*Operating Expenditurs for 2010 does not indude $40K for Intemal Svc cost (of w hich $20K w as one 6me) and $10K for _ .....,, � r�..... . _. �_,�. _. �.. _._. _. _�_ dispatch services. Total allocated for 2010 start-up cost is $300K Operating Fxpen� _, �._e.__ . _.. _. . _ . _„� � _ _ � . _ _ -., �._ .. � ditures for 2011does not include $34.5K for internal service and $20K for dispatch serv�ces (w hich can ; __ � . _� __ . . __ . . _ �__ _ _� �_ . not be easily tracked for animal services). Jail Services for year-to-date 2011 is $1.1M and is below the year-to-date budget of $12M by $94.7K ar 7.7%%. The 2011 budget is based on 2010's trends. Compared to 2010 year-to-date actuals, Jail services are down $141 K or l 1.0% mainly due to decease in usage of $97K, decrease in medical costs of $101 K offset by an increase of $35K due to rate increase. Jail Services Year-to-date thru''July , 2010 2011 Ghange from 2010 2011 Actual vs Budget Month Actual Budget Actual $ %a $ % Jan - - - - - - Feb 128,846 124,198 116,292 12,554 9.7% 7,906 6.4% Mar 88,727 85,526 185,655 (96,928) -109.2% (100,129) -117.1°/o Apr 226,430 218,263 152,124 74,307 32.8% 66,139 30.3% May 348,808 336,226 231,875 116,933 33.5% 104,351 31.0°/o Jun 295,907 285,234 221,716 74,191 25.1% 63,518 22.3% Jul 194,429 187,416 234,522 (40,093) -20.6% (47,106) -25.1% Aug 195,059 188,023 - - - - - Sep 272,134 262,318 - - - - - Oct 228,491 220,249 - - - - - Nov 71,590 69,008 - - - - - Dec 553,504 � 533,539 - - - - - YTDTotal� 1,283,147 1,236,863 1,142,184 140,963 ; 11.0°/ 94,679 7.7% Annual Total 2,603,924 2,510,000 1,142,184 nla i nla n/a nla Trnfftc Safety/Red LightPlaoto Enforcement Red light photo revenues are accounted for in the Traffic Safety Fund to be used for, but not limited to, prevention, education, and enforcement efforts related to traffic safety and compliance with traffic control devices within the City, including maintenance and operations costs. Currently there are a total of 14 cameras at ll locations (8 of these cameras are red light and 6 are in the school zones). The original 4 red light cameras were activated in October 2008 and an additiona] 4 cameras were activated February 2010. The original 4 school zone cameras were activated February 2010 and an additional2 cameras were activated December 2010. Payments to ATS include $4,750/month per location plus supplemental fees far check processing and online payments. ' Red'Li htPhoto Enforcement 2010 2011 ' 2011 vs 2010 ` Gross Payments Net Gross Payments ` Net Net Revenue Month Revenue to ATS Revenue Revenue to ATS Revenue Variance Jan $ 70,736 $ (46,960) $ 23,776 $ 150,039 $ (54,217) $ 95,822 $ 72,046 Feb 127,201 (49,835) 77,366 159,379 (54,831) 104,548 27,183 Mar 178,719 (50,560) 128,159 173,031 (56,674) 116,357 (11,802) Apr 162,493 (50,245) 112,248 156,321 (54,707) 101,615 (10,633) May 154,824 (50,502) 104,322 129,070 (54,740) 74,331 (29,992) Jun 186,088 (50,852) 135,236 168,322 (54,711) 113,611 (21,625) Jul 224,032 (42,008) 182,024 87,649 (39,361) 48,289 (133,736) Aug 207,807 (42,276) 165,531 - - - - Sep 197,302 (57,129) 140,173 - - - - Oct 215,641 (51,309) 164,332 - - - - Nov 193,306 (51,274) 142,032 - - - - Dec 185,541 50,452 135,090 - - - - YTD Total $ 1,104,093 $ (340,962) $ 763,132 $ 1,023,812 $ (369,238) $ 654,574 $ (108,558) Annual Total 2,103,691 (593,401) 1,510,291 n/a n/a n/a n/a Annual Budget n/a n/a 830,000 n/a n/a 830,000 n/a Year-to-date red light photo net revenues total $655K which is $109K or 14% below year-to-date 2010. The decrease is due primarily to a reduction in July's revenues which is down $134K or 73% compared to prior year. The factors contributing to the decrease include: - School zone violations in the Saghalie area were not issued due to technical issues related to the camera and flashing yellow system. The City's Public Works Traffic Division and ATS are working together to address this issue. Miscommunication by ATS staff to the City's Police Deparhnent regarding the time line for traffic officers to review and respond to ATS whether the violation is valid or rejected. ATS initially stated that police officers had until midnight on the 14�` day following the violation to review and respond to ATS. Towards the end of July, another ATS staff inember informed the Police Department that ATS must process and mail out within the 14 days (per RCW). ATS has since stated they need one to two business days to process and mail out. Moving forward Police will meet ATS's new timeline. Additionally, the City is currently reviewing contract language and will incorporate changes to address this issue. - Expected decrease in the number of violations over time because of red light photo implementation. The City's goal is improving safety; it is warking and as a result revenues will be diminishing moving forward. Court Municipal Court year-to-date expenditures of �849K is �39.7It or 4.�% below estimates. The positive variance is mainly due to savings found in temporary heip (for pro tem judges) and timing of interpreter costs. Court revenues are $31 K or 33% below 2010 year-to-date ach�als and budget. "Che fower revenue can be explained by the reduction in revenue from traffic and non-parking citations issued (-$61,805). Staff reductions and vacancies required the police department to pu11 officers from traffic duties, which translates into less tra�c citations issued. If the timin� issue with Shared Court Casts from the state is considered, then the net reduction in court revenue is actually $19K compared to 2010 actuals. COURT REVBVUE Year-to-date thru July 2010 2011 Change from 20�0 � 2011 Actual vs8udget Month Actual Budget' Actual $Var %Var $Var %Var January $ 111,414 $ 111,707 $ 86,717 $ (24,697) -22.2°/o $ (24,990) -22.4°/o February 156,784 157,196 110,982 (45,802) -29.2% (46,214) -29.4% March 159,493 159,913 190,183 30,689 19.2% 30,270 18.9% April 126,513 126,846 131,430 4,917 3.9% 4,584 3.6% May 104,487 104,761 118,146 13,659 13.1% 13,385 12.8% June 117,509 117,817 102,567 (14,941) -12.7%f (15,250) -12.9% July 108,860 109,147 111,494 2,634 2.4%[ 2,347 2.2% August 133,575 133,926 - - - - - September 113,343 113,641 - - - - - October 113,904 114,204 - - - - - November 120,144 120,460 - - - - December 114,581 114,882 - - - - - Subtotal $ 885,061 $ 887,387 $ 851,519 $ (33,542� -3.8% $ (35,868) -4.0% Probation Svcs 44,267 41,259 46,724 2,457 5.6%� 5,466 13.2% YTDTotal $ 929,328 $ 928,646 $ 898,243 $ (31,085) -3.3%� $ (30,403) -3.3% Annual Total 1,558,931 1,557,500 nla nla nla i n/a nla *Year-to-date budget is based on 2010 trends. The Court's increased workload and the resulting increased revenue from expansion of the photo enforcement program are not accounted for in the Court's revenue or expense projections. Revenue from Criminal Costs and Criminal Conviction Fees have increased 15.1% and 912% respectively due to the court's new court cost program. These increases were able to offset some of the losses from reduced traffic and non-parking revenue. The court has also assisted in mitigating jail eapenses with its jail alternatives programs. COt�T REVENUE Year-to-date thru July 2010 2011 Change from 2010 Actuai Actual $ Var %Var Civil F�nalties $ 14,220 $ 13,190 $ (1,031) -7.2% Traffic & Non-Parking 601,378 539,573 (61,805) -10.3% Parking Infractions 27,884 31,925 4,041 14.5% DUI & Other Nisd 38,540 38,704 163 0.4% CriminalTrafficNbsd 2,105 822 (1,283) -60.9% Criminal Costs 67,542 77,752 10,209 15.1% Interest I Other I Misc 32,258 40,998 8,740 27.1% Criminal Conv Fees 16,514 31,577 15,063 912% Shared Court Costs'* 34,458 22,466 (11,992) -34.8% Services&Charges 50,161 54,512 4,351 8.7°/o Subtotal $ 885,061 $ 851,519 $ (33,542) -3.8% Probation Services 44,267 46,724 2,457 5.6% YTD Total $ 929,328 $ 898,243 $ (31,085) -3.3% **Shared Court Costs is for partial funding for an additional judge from Washington Courts Trial Court Improvement Fund, which funds approximately 30% of [he Judge's yearly salary spread out for 4 quarters. In 201I, we wil! only receive 3 quarter payments because in 2010 we received 5 quarter payments. Parks & Recreation includes administration, parks mainCenance and �enera► recreation. Year-to-date expenditures total $2M and are $204.�iK or 93% below the year-to-date bud�et of $22M. Savings are comprised of �102K in one-time programs not yet spent, $34K in repairs and maintenance, $37K in timing of utility payments, $59K in professional services, and $19K in supplies, offset by $49K overage in temp/seasonal help and related benefits. General Recreation and Cultamal Services Direct program expenditures total $534.3K excluding indirect costs. Including indirect administration costs, recreation expenditures total $671.6K. Recreation fees total $5669K. Recreation fees have recovered 106.1 % of direct program costs and is 14.7% above the budgeted recovery ratio of 91.4%. Considering indirect administration costs, the recovery ratio is reduced to 84.4% or is 11.9% above with the budgeted recovery ratio of 72.5%. Program subsidy is established during the adopted budget process; increase in new or existing program expenditures require equal or greater revenues. Total Parks revenues of $5693K is $51.3K or 9.9% above the year-to-date budget of $518K. Compared to year-to-date actual, general recreation is above 2010's activity of $557.7K by $ll.6K. Variance compared to year-to-date 2010 actual is due to: ■ Adult Athletics - Revenues are up $6K and expenses are down $24K. Season started for soccer leagues with 30 teams, this is an all time high. Softball and women's basketball has been steady. Eacpenses are down from 2010 due to timing of payments for game officials and less need for temp help for declining volleyball programs. ■ Youth Athletics - Revenues are up $3K from 2010, expenses are up $SK Skyhawks sports camps and tennis lessons have started and are going strong. ■ Senior Services - Revenues down $3K and expenses are up $6K. Expenses are up due to the purchase of new supplies to gear up for the coming year. Trips and tours continue to be well attended and the drop-in programs at the FWCC continue to grow. ■ Community Recreation -Revenues are up $30K and expenses are up $12K. Preschool education is currently running at full capacity with 70 kids. Daycamp has started and is also running at full capacity with 150 kids per week. ■ Recreation Inc. - Revenues are up by $6K and expenses are up by $1K from 2010. Almost every program offered this Summer has been running at capacity. Camping trips have been very successful and one more trip was added this year. Some of these programs are staffed entirely by volunteers. � Arts & Special Events - Revenues are down $24K and expenses are down $3K from 2010. One of the larger special events was cancelled in March and will be replaced with a new event later in the year. Attendance has been lower than expected in one other event and dance programs. The expenses are up due to the purchase of new supplies that can be used again and staff reclassification. Staff is still having trouble in obtaining sponsors for events and is working with our contracted dance and gymnastics instructors to add more programs and classes to increase revenues. • Red, White, & Blues - Revenues are down $SK and expenses are down $13K from 2010. Attendance was high however attendees spent less on merchandise and parking. Numbers are not final as some invoices and donations are on their way. The table below is a comparison of budgeted versus actual subsidy and recovery ratio by program. GENERAL RECREATION PERFORMANCE Year-fwdate thru July Budgei Actual Recovery Recovery Variance Program Revenue* Expend Subsidy Ratio Revenue Expend Subsidy Rafio Subsidy GENERAL RECREATION Steel Lake Aquatics 2,000 20,360 18,360 9.8% - �4,761 - n/a n/a Arts & Special Events 162,980 151,487 (11,493) 107.6% 62,321 73,912 11,591 84.3% (23,084) Youth Athletics 37,200 100,236 63,036 37.1% 18,571 41,035 22,464 45.3% 40,572 AdultAthletics 183,000 139,694 (43,306) 131.0% 137,986 69,205 (68,781) 199.4 25,475 Community Recreation 334,000 275,188 (58,812) 121.4% 233,271 182,016 (51,255) 128.2% (7,557) Recreation Inc 45,781 83,835 38,054 54.6% 52,081 57,994 5,912 89.8% 32,142 Youth Commission - 1,800 1,800 n/a - 73 73 n/a 1,727 Red, White & Blue 21,550 36,000 14,450 59.9% 13,665 20,704 7,036 n/a 7,414 Senior Services 56,700 114,009 57,309 49.7% 48,954 74,581 25,626 65.6% 31,683 Subtotal Direct Cost $ 843,211 $ 922,610 $ 79,399 91.4 $ 566,853 $ 534,281 $ (32,572) 106.1 %$ 111,977 Administration - 240,062 I 240,062 n/a - 137,360 137,360 n!a 102,703 ota enere ecreation j including Indirect Cost $ 843,211 $ 1,162,672 �' $ 319,461 72.5°/ $ 566,853 $ 671,640 $ 104,787 84.4% $214,674 General Recreation and Cultural Services *Annual budgeted revenues of $843,211 does not inch�de $5,600 budgeted for Arts Cammission. When included, tota! budget revenues for Parks and General Recreation total $849K, tivhich eguals the General/Street Sirmmary page for Parks and Ceneral Recreatiorr birdgeted revenues. 2011 revenue of $566,853 does not inch�de $2,478 for Arts Commission and Celebration Pnrk. When inchrded, the total revenues for Pnrks and General Recreation totals $569,331, ivhich equals the General/Street Summary page for Parks and General Recreation actua( revenues. Federal Way Communitv Cerrter � The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and desi;nated utility tax transfer. 2010 2071 YTD Budgetvs Actual Federal Way Annual YTD YTD Favorabie/(Unfavorable) Community Center Budget Actual Actual Budget Budget Actual $ % Beginning Fund Balance $ 240,014 $ 240,014 $ 240,�14 $ 780,753 $ 780,753 $ 780,753 n/a n/a Revenues Daily Drop-ins $ 353,593 $ 320,289 $ 211,492 $ 352,622 $ 232,841 $ 206,866 $(25,975) -112°/ Passes 630,000 713,601 415,793 630,000 367,082 441,494 74,412 20.3% City Staff Membership - Employee 43,500 34,705 27,377 43,500 34,316 25,242 (9,074) -26.4% City Staff Membership - Family - 3,423 3,423 - - 1,976 1,976 n/a Youth Athletic Programs 35,000 47,393 34,395 35,000 25,401 28,870 3,470 13.7% Open Gym/Indoor Playground 1,000 - - - - - - n!a Aquatics Programs-Lessons/Classes 110,000 123,410 86,105 116,000 80,935 90,999 10,064 12.4% Childcare Fees 10,000 8,674 5,382 9,000 5,584 5,986 402 7.2% Fitness Classes/Fitness Training 85,000 98,189 58,714 85,000 50,827 fi2,739 11,912 23.4% Towel/equipment Rentals 8,000 5,211 3,586 7,000 4,817 2,828 (1,989) -41.3% Pool Rentals/Competitive-Lap Lanes 21,000 17,078 10,602 19,000 11,795 9,816 (1,979) -16.8°/ Rentals 185,000 203,212 127,052 223,300 139,611 109,775 (29,837) -21.4°/ Merchandise Sales 21,000 7,359 5,438 10,000 7,390 4,147 (3,243) -43.9% ConcessionsNending 24,�00 3 3 - - 23 23 n/a Interest Earnings/Other Misc Revenues - 856 5,352 - - 889 889 n/a Genera� Park/Rec - Facility use charge 25,000 24,997 14,582 25,000 14,584 14,581 (3) 0.0% Total Revenue 1,552,093 1,608,401 1,009,297 1,555,422 975,183 1,006,231 31,048 32% Expenditures ___ Personnel Costs 1,312,215 1,229,285 719,700 1,303,919 763,395 764,805 (1,409) -0.2% Supplies 151,468 150,900 75,200 146,750 73,132 67,192 5,940 8.1% Other Services & Charges 124,716 168,066 92,954 176,300 97,508 74,896 22,612 23.2% Utility Cost 381,000 365,727 192,125 380,000 199,623 188,876 10,747 _ 5.4% Intergovernmental 15,500 26,434 16,861 2Q500 13,076 15,293 (2,217) -17.0°/ Capital - - - - - - - n/a Internal Service Charges 125,727 111,211 73,342 115,370 67,299 67,299 - 0.0% Total Expenditures 2,110,626 2,051,623 1,770,182 2,142,839 1,214,033 1,178,360 35,674 2.9% Opereting Rev Over / (Under Exp) (558,533) (443,222) (160,885) (587,417) (238,850) (172,128) 66,722 -15.1% Utility Tax - Reserves 319,727 459,009 - 106,000 - - - 0.0% Utility Tax - Operations 582,504 443,222 171,248 590,000 227,959 172,129 55,830 12.6% Contribution/Donation/Transfer in - Reserves 85,645 90,195 90,195 - - - - �-� Total Other Sources 987,876 992,426 261,443 696,000 227,959 172,129 55,830 5.6% Other Uses Capital/Use of Reserves - 8,464 4,288 - - - - n/a Total Other Uses - 8,464 4,288 - - - 0.0% Net Income 429,343 540,740 96,270 108,583 (10,891) 1 10,892 2.0% n/a Endin Fund Balance b 669,356 S 780,753 $ 336,283 3 889,335 b 769,862 $ 780,753 $ 333,073) �12.7% Operating Recovery Ratio 73.5% 78.4% 86.3% 72.6% 80.3% 85.4°/ n/a n/a The operating revenue budget includes $1.6M in user fees/program revenues, $590K contribution from utility tax for operations, $106K contribution from utility tax for reserves, and $25K use charge from General Fund Recreation for use of the facility. YTD July operating revenues total $1M and is $31K or 32% above the YTD budget. In comparison to 2011's year- to-date budget: ■ Daily Drop-in revenues are $26K below due mainly to stafftng efforts to up-sell daily guests to Membership Passes ■ Pass revenues are $74.4K or 20.3% above due to marketing and membership retention efforts. Monthly average pass numbers are tracking 300 above current business projections. Exceptional customer services, along with strong program offerings are helping bring in new customers and retain current ones. • City Staff Membership revenues and enrollment numbers are down sli�htly with the adoption of new Employee Pass guidelines that included an Employee Fee of $l0/$25 per quarter. Federal Way Coinmuniry Center (continued) ■ Aquatic Programs are $10_iK or 12.4% above due to stron� registrations in Summer swim lessons ■ Fitness Classes are up $12K or 23.4% due to strong program and professional service programs like; Pump It Up, H.i.i.T. Boxing, and Biggest Loser. ■ Rental revenues are $29.8K or 21.4% below projections due to the loss of two ongoing church rental clients. Also, a week night on-going rental has dropped from the Wednesday schedule for the summer. Staff is following leads on new prospective clients to fill available capacities. ■ Towel/Equipment rentals still tracking below due mostly to the fact that climbing gear is now included as a membership incentive. ■ Merchandise Sales are $32K or 43.9% below projections. New display products and designs have recently arrived. 2011 YTD operating expenditures total $1.2M and is $35.7K or 2.9% below 2011's YTD budget. Federal Way Community Center has recovered 85.4% of operating expenditures compared to the budgeted recovery ratio of 803%. In comparison to 2011's YTD budget: � � Personnel Costs are on target due to reducing the use of temp help to offset personnel adjustments made during the 2011- 12 Budget process, which included paying an office tech at 100%, a re-allocation to FWCC from General Rec and an increased use of instructors as opposed to contracted trainers for classes; see other svcs & charges. ■ Other services and charges are $22.6K or 232% below bud�et primarily due to a major print and mail project done first quarter of last year. 2011 printings and mailings will be smaller and spread throughout the year. Also, adjustments to some of the Personal Trainer contracts have reduced professional services wages and increased instructor wages. City's contribution of $696K for the Community Center was scheduled to annually provide $590K for maintenance/operations and $106K for capital reserves. YTD $172.1K is needed to cover maintenance and operations. Dumas Bay Centre Fund In the 2011/2012 Adopted Budget process, Council approved combining Dumas Bay Centre and Knutzen Family Theatre for accounting purposes and is referred to as the Dumas Bay Centre Fund. Dumas Bay Centre Fund year-to-date operating revenue of $325K is above bud;et by $24K compared to year-to-date budget of $301K due to increased food services and rental activity. Staff completed producing a marketing and communications plan to increase visibility and revenue for 2011 and beyond. Year-to-date operating expenditures total $373K, which is $26K or 73% above budget of $347K due to temp help needed to cover staff absence and roof repairs for the theatre. Ending fund balance for Dumas Bay Centre Fund is a positive $160K, of which $103K is earmarked for repairs and maintenance. 2010 2011 YTD Budget vs Actual DumasBay Centre Fund Annual YTD YTD" YTD Favorable/(Unfavorable) Year-to-date thru Jul 2011 Bud et ' Actual Actual Bud et Budget Actual '' $ % Beginning Fund Balance 179,691 179,690 179,690 146,981 146,981 146,981 n/a n/a Revenues In-House Food Services Operations & Interest 266,334 214,945 122,078 219,029 124,398 142,593 18,195 14.6% Dumas Bay Retreat Operations & Interest 337,452 285,898 170,008 297,289 176,781 182,356 5,575 3.2% KFT Operations & Interest - 413 287 - - 43 43 n/a Total Operating Revenue 603,786 633,489 292,373 516,318 301,179 324,992 23,873 7.9% Expenditures Food Services 200,844 212,464 121,756 197,637 113,259 131,749 (18,489) -16.3°/ DBC Retreat Operations 370,212 330,682 187,352 335,233 189,931 190,615 (684) -0.4 % KFT Theatre Operations 162,849 82,055 42,659 85,095 44,240 50,587 (6,348) -14.3% Total Operating Expenses 733,905 625,200 351,767 617,965 347,430 372,950 (25,521) -7.3% Operating Revenue Over/(Under) Exp (130,119) 5,289 (59,394) (101,647) (46,251) (47,958) 49,334 -106.7 % Recovery Ratio 82.27% 101.33 % 83.12% 83.55 % 86.69 % 87.14 % nla n/a KFT-Utility Tax Transfer 132,232 132,232 132,232 113,000 113,000 113,000 - 0.0% Total Other Sources 132,232 132,232 132,232 113,000 113,000 113,000 0.0 % Marketing Study & Implimentation 70,000 32,881 - 37,118 37,118 37,118 - n/a Repairs & Maintenance 29,500 8,116 - 117,918 15,150 15,150 - 0.0% Total Other Uses 99,500 40,997 155,036 52,268 52,268 n/a Net Income (97,387) 99,523 72,838 (143,683) 14,481 12,773 (1,708) -11.8 % Ending Fund Balance 82,304 146,982 252,528 3,298 161,462 '159,754 (1,708) -1.1 % Other Departmental Year-to-�late [�ariances Ciry Council expenditures total �3�12.4K and is belo�v budget by $15K mainly due savin�s fo�ind in salary/benefits, food/bevera�e, and remainder is timing of travel/trainin�. Nlayor's Offce expenditures of $688.3K is below budbet by $2��K mainly due to timin� of one-time probrams for Energy Efficiency Grant/Weatherization Grant, Public Defender, and timing of the State/Federal Lobbyist payments. Human Services expenditures of $272.8K is below budget by $] �t7.8K mainly due to timing of Human Services Contract and one- time programs for Challenge Grant, Community Garden, and New Solutions Grant. Economic Development expenditures of $55.8k is $S l.SK below mainly due to one-time program for powntown Redevelopment. Human Resources expenditures of ��141.6K is below budget by $58.2K mainly due to savings found in job announcement which is offset by overage for the Health Care Consultant, 1-time temporary help and 1-time outplacement services for laid off employees. Finance expenditures of $496.8K is below budget by $ I 6.7K mainly due to savings found in salaries/benefits. Law expenditures total $750.SK and is $127SK below budget mainly due to savings in salary/benefits for City Prosecutor military leave and under spending of outside counsel. CASH & INVESTMENTS Currently all excess balances are invested in the State Investment Pool. The portfolio yield is 0.16%, which is above the average 6-month US Treasury Bill (0.08%). The total invested balance at the end of July is $43.6M. Tne state pool is composed of treasury securities (16.34%), interest bearing banlc deposits (5.75%), agency floating rate notes (12.77%), agency variable rate notes (5.90%), discount notes (42.28%), certificates of deposit (1.06%}, repurchase a�reements (13.60%), reverse repo agreements (-0.98%), agency coupons (2.00%), and N.O.W accounts (128%). � SIP Average Invested Balance by Type July 2011 IB Bank Agency Agency Deposits Floating Rate Agency CoupOns 5.64% �`lotes Variable Rate 1.96 % � ) 12.52 % � Notes / � 5J9% Treasury 16.03 % Repurchase 13.34% Reverse Repo � NOW Agreements Accounts 0.96 % 1.26 % Discount Notes 41.47 % Certrficates of Deposit toa i Interest Rates Comparison For the Month of July 2011 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% � 6 Month T-Bill ■ State Investment Pool ❑ In-house Investment ■ Portfolio Auerage 2005 2006 2007 2008 2009 2010 2011 FUND ACTIVITY SUMMARY Beginning Fund Net Income Ending Fund Fund/Fund Name Bakance at 1/1/2011 Revenue Expenditure In/(Out) Balance at 7/31/2011 General/StreetFund: $ ' 8,538,117 $ 27,355,226 �$ 25,254,994 '$' 2,100,233 �$ 10,638,356 Debt Service Fund: 3,379,427 1,442,966 1,229,867 183,099 3,562,526 Special Revenue 102 Arterial Street 561,373 1,621,857 1,557,909 63,948 625,321 103 Utility Tax (') 3,710,184 8,208,380 6,083,729 2,124,651 5,834,835 106 Solid Waste & Recycling 135,098 206,584 250,582 (43,998) 91,100 107 Special Contracts/Studies Fund 557,474 408 728 (320) 557,154 109 Hotel/Motel Lodging Tax 215,658 97,520 39,204 58,316 273,974 110 2% for the Arts 293 - - - 293 111 Federal Way Community Center 780,752 1,178,360 1,178,360 1 780,753 112 Traffic Safety Fund 833,520 655,515 - 655,515 1,489,035 119 CDBG (") - - 11,265 (11,265) (11,265) 120 Path & Trails 136,361 88,882 153,000 (64,118) 72,243 Subtota/' S ecial Revenue Funds 6,930,713 12,057,507 9,274,777 '' 2,782,730 '' 9,713,443 Capital Project: 301 Downtown Redevelopment 3,005,805 133,736 2,288,315 (2,154,578) 851,227 302 Mu nicipa l Facilities 642,583 750,748 140,431 610,317 1,252,900 303 Parks 2,293,807 433,819 214,054 219,766 2,513,573 304 Surface Water Management 2,542,244 223,832 264,379 (40,547) 2,501,697 306 Transportation 20,101,243 4,456,212 8,576,068 (4,119,857) 15,981,386 Subtota! Ca ita! Pro-ects 28,585,682 5,998,347 1'1;483,247 ' S,484,899) 23,700,783 Enterprise Funds 401 Surface Water Management 2,274,262 2,049,300 � 2,091,404 (42,104) 2,232,155 402 Dumas Bay 146,982 437,992 � 425,219 12,773 159,754 Subtotal Ente rise Funds 2,421,244 '` 2,487;292 �' 2,51'6,623 ' 29,330} 2,391,914 Intemal Service Funds 501 Risk Management 5,431,782 530,292 780,741 (250,450) 5,181,332 502 Information Systems 3,241,810 1,209,508 1,009,501 200,007 3,441,817 503 Mail & Duplication 312,408 111,025 61,723 49,302 361,710 504 Fleet & Equipment 4,867,454 1,231,376 1,143,323 88,053 4,955,507 505 Buildings & Fumishings 1,463,970 739,090 630,791 108,299 1,572,269 Subtota! Internal Service Funds ' 15,317,424 3,821,290 3,626,080 ' 195,211 15,512,635 s Total Al1 Funtls $ ' 65 172 607 $,, 53,132 629 $ 53 385,586 '�$ ' 252 957 $ 64 919 650 ` `Utility Tax ending fund balance of $5,834,835 includes $897,497 reserved for Prop 1. **CDBG Negative ending balance is due to trming of grant reimbursements. COUNCIL MEETING DATE: September 6, 2011 ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUSJECI': Solid Waste and Recycling 2012-2013 Grant Approvals POLICY QUESTION Should the Council approve a resolution authorizing entering into contracts to receive and expend grant funds for use in a variety of projects that support Solid Waste and Recycling Division objectives? COMMITTEE Finance, Economic Development and Regional Affairs CATEGORY: � Consent ❑ Ordinance ❑ C ity Council Business � Resolution STAFF REPORT BY: Rob Van Orsow SW&R Coordinator _ Attachments: Memorandum to Finance, Economic August 23, 2011. Options Considered: MEETING DATE August 23, 2011 ❑ Public Hearing ❑ Other DEPT: Public Works and Regional Affairs Committee dated 1. Approve Draft Resolution and enter into grant-related agreements with related agencies. 2. Approve Draft Resolution, direct specific changes to proposed grant-funded project(s), and enter into grant-related agreements with related agencies. 3. Do not approve Draft Resolution and do not enter into grant-related agreements with related agencies. MAYOR'S RECOMMENDATION The Mayor reco Op tion 1. MAYOR'S APPROVAL: 1��� �/�`� DIRECTOR APPROVAL: -�l�i�!'/► L Committ Counc�l Committee Council COMMITTEE RECOMMENDATION I move to forward Option 1 to the September 6 2011 City Council Consent Agenda for approval. ,� � . ��.�� /.� � Jeanne Burbid�e, Merr�Y� PROPOSED COUNCIL MOTION "�nove approval of the Reso�ution authorizing acc� tance of grant funds, and directing execution of agreements with state and county sources, and implementing projects that support Solid Waste and Recycling Division objectives. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFF/CE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # K:\COIJNC[L\AGDBILLS\2011\09-06-ll SWR 2012-13 Grants & Resolution.doc CITY OF FEDERAL WAY MEMORANDUM DATE: August 23, 2011 TO: Finance, Economic Development and Regional Affairs Committee VIA: Skip Priest, Mayor FROM• Rob Van Orsow, Sold Waste & Recycling Coordinatar�s��..� ��/ ' Cary M. Roe, P.E., Director of Parks, Public Warks and Emergency Management L• ' l SUBJECT: Solid Waste and Recycling 2012-2013 Grant Approvals BACKGROUND: Grant funding totaling over $282,000 is available in 2012 and 2013 to provide waste reduction and recycling programs to Federal Way residents and businesses. SWR Staff is preparing applications, project descriptions and scopes, and coordinating with grant agencies to secure these funds. Final grant awards are being calculated by grant agencies, so the following dollar amounts are close approximations and may change. For this upcoming period, the Coordinated Prevention Grant (CPG) allocates $98,000 with a 25% match requirement. The Waste Reduction/Recycling (WRR) grant allocates $117,000 and the Local Hazardous Waste Management Program (LHWMP) Grant will provide $67,000. The WRR and LHWMP grants have no match requirements, and provide ample CPG match funds. A key element in obtaining these grants is City Council approval for receipt of grant funding and implementation of the related projects. A draft resolution that includes a summary table showing estimated grant funds, grant matches and anticipated 2012-2013 projects is attached. CURRENT SOLID WASTE & RECYCLING GRANT PROJECT UPDATES: The City of Federal Way has used these grants for nearly twenty years to support a range of waste reduction and recycling projects. The current 2010-2011 grant cycle focuses on the following projects: • Improving recycling services at targeted multi-family residences (including upgraded information signage and container labels, recycling containers and equipment, promotional flyers distributed to residents, translations, and coordination with property managers and the hauler). . Production and distribution of educational materials, including the "Recycling Options" flyer, which is distributed to single-family residents annually. This flyer provides a range of curbside and organics recycling information, plus household hazardous waste disposal options. An annual service calendar is also distributed to remind single-family residents of recycling service schedules and holidays. • Operating and promoting spring and fall Special Recycling Events, which average over 1,000 participants and collection of over 60 tons of materials (ranging from motor oil to refrigerators) at each event. . Funding staff costs associated with several regional planning efforts: Suburban City representation on the Local Hazardous Waste Management Program (LHWMP). SWR Coordinator Van Orsow has served as a Suburban City-appointed staff representative to LHWMP since 2001. In addition, grants covered staff costs for the ongoing King County Comprehensive Solid Waste Management Plan update process and participation in the Metropolitan Solid Waste Management Advisory Committee. • Distribution of grant-subsidized yard and food scraps compost bins and collection containers. . Promoting "no fee" Christmas tree recycling and styrofoam recycling collection. • Public area litter and recycling containers. • Food scraps recycling tools, including discounted kitchen food scrap carriers. August 23, 2011 Finance, Economic Development and Regional Affairs Committee Solid Waste and Recyciing 2012-2013 Grant Approvals Page 2 • Outreach to area businesses offering assistance to implement or expand commercial recycling efforts, including provision of interior recycling containers, signage and staff training to suit each business. • Coordination with Federal Way Public Schools (FWPS) to maintain and expand recycling and food waste collection efforts, both in the classroom and in cafeterias. Through mid-2010 of the current grant cycle, the above projects have resulted in approximately $244,000 in reimbursable expenditures. SWR staff also took the initiative to seek `pre-funding' for the balance of 2011 CPG grant funding by completing eligible tasks early, thus ensuring full funding in case the legislature reduced grant allocations this fiscal year. So far during this cycle, ten separate grant reports and reimbursement requests have been filed with grant agencies to reimburse the City for these projects. Two more reports will be due to close-out this cycle in early 2012. Key 2011 projects remaining include the fall 2011 Special Recycling Event, and promotion of the new Residential Recycling Rewards event (Recycle Palooza 2011) slated for October 22, 2011. 2012-2013 SOLID WASTE & RECYCLING GRANT OUTLOOK: In 2012-2013, the projects listed above will continue. The funding table in the attached draft resolution shows how projects are funded by individual and combined grants. Per the City's adopted budget, these grants also cover staff costs and overhead for related project implementation and reporting. During the upcoming biennium, grants will continue to fund 0.5 FTE of the Recycling Project Manager position in the SWR Division. The resolution approving City participation in the upcoming grant cycle covers a two-year period. However, since governments continue to face economic challenges, it is possible grant allocations may change. All grant funding awards are contingent upon budgets adopted by these three administrative agencies: the State Legislature for the CPG grant, King County Council for the WRR grant, and the King County Board of Health for the LHWMP grant. Projects will only be implemented once it is verified these agencies adopt their respective budgets. Since grant budgeting is not as stable as it once was, grant agencies are being more creative in how they source and disburse funds. There is the potential for CPG `offset cycle' grant awards or accelerated grant fund distribution, so appropriate flexibility is included in the draft resolution to allow the City to take advantage of changing conditions brought about by grant agencies. SWR staff will be assertive in obtaining available offset or accelerated funding that supports the City's SWR goals during this cycle. Input or suggestions regarding grant projects is welcome and will be incorporated into the grant applications being prepared in the coming weeks. Pending City Council action on the attached draft resolution, staff will draft detailed scopes of work and prepare applications to meet grant agency timelines. Attachment: Draft Resolution authorizing grant acceptance (including Exhibit A) cc: Project File Day File K:I�I�I)R�1r_`?0�I ���-';-II ?i)�?-I;�UK�nani�;.duc RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing acceptance of monies and directing execution of agreements to accept funds from various state and county sources for establishing projects within the solid waste and recycling fund. WHEREAS, cities are charged with providing and maintaining public projects necessary to maintain and improve the public health, safety and welfare; and WHEREAS, the financial resources of cities to provide these necessary services and improvements are limited; and WHEREAS, various state and county sources have dedicated grant funds available to supplement city projects, which are awarded on population allocation and project eligibility; and WHEREAS, City staff pursues these funds in order to maximize the local public benefits of these funds; and WHEREAS, the grants identified herein will net the City of Federal Way an estimated minimum of Two-Hundred Eighty-Two Thousand and No/100 Dollars ($282,000) during 2012 and 2013; and WHEREAS, the City commits to accountability by measuring and quantifying the results of the funded programs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Agreements Authorized. For all projects identified in Column 1 of Exhibit A, attached hereto and incorporated herein by this reference, the Mayor or his or her designated representative is authorized and directed to develop scopes of work and execute such agreements Resolution No. I1- Page 1 of 4 Rev 1/10 during 2012 and 2013 with the agencies identified in Column 2 of Exhibit A as are necessary to accept the grant monies identified in Column 3 of Exhibit A. The grant amounts shown in Column 3 are estimated based on potential funding allocations which may change due to budget conditions that impact the agencies providing these grants. Section 2. Receipts of Funds Authorized. The Mayor or his or her designee is hereby authorized to receive the grant monies estimated in Column 3 of Exhibit A attached hereto. Section 3. Creation of Solid Waste Project Grant Fund Accounts Authorized. At the time of execution of each agreement and acceptance of the grant funds specific to that agreement, separate projects shall be established within the Solid Waste and Recycling Fund, into which monies specific to that grant project shall be deposited. Section 4. Mayor Shall Administer Funds. The Mayor or his or her designated representative shall have responsibility for the administration of the grant monies received, and award of eligible grant-funded projects to qualified vendars and contractars. Section 5. Identification of Source Funds. The approximate amounts and anticipated sources of revenue for the grant fund projects are identified in Exhibit A attached hereto. Section 6. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 7. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any Resolution No. 11- Page 2 of 4 Rev 1/10 references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 9 . Effective Date This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 11- Page 3 of4 Rev 1/10 Exhibit A CITY OF FEDERAL WAY- SOLID WASTE & RECYCLING DIVISION 2012-2013 GRANT PROJECTS AND ANTICIPATED GRANT AMOUNTS GRANT MATCH GRANT GRANT/PROJECT SOURCE AMOUNT REQUIRED TERMS Column 1 Column 2 Column 3 Column 4 Column 5 2012/2013 Coordinated Prevention Grant (CPG) Four Special Recycling Collection Events WA Department of * Ol/O1/12 to Moderate Risk Waste and Electronics Waste Collection and Recycling Ecology (DOE) $98,000 $32,667 6/30/13 Staff participation in Regional Solid Waste and Hazardous Waste Planning 201 Z/2013 Waste Reduction and Recycling Program Grant (WRR) Litter and Recycling Collection in Public Places Waste Reduction & Recycling Outreach (Single-Family, Multi-Family and Businesses) King County Solid Yard Debris and Other Organic Materials Collection and Recycling Waste Division $117 000* $� Ol/Ol/12 to Recycling and Composting Container Distribution ' 12/31/13 Moderate Risk Waste, Bulky Materials, and Electronics Waste Collection and �KCSWD) Recycl ing Staff participation in Regional Solid Waste and Hazardous Waste Planning 2012/2013 Local Hazardous Waste Management Program Grants (LHWMP) Local Hazardous Waste Four Special Recycling Events Management Program * O1/OU12 to Moderate Risk Waste and Electronics Waste Collection and Recycling in King County $67,000 $� 12/31/13 Staff participation as Suburban Cities Association representative to the LHWMP (LHWMP) TOTAL $282,000 * The WRR and LHWMP grants cover all required matching funds for the 2012/2013 Coordinated Yrevention Grant. K:\FEDRAC�2011\09-06-11 WR 2012-2013 Grant Resolution.doc Resolution No. 11- Page 4 of 4 Rev 1/10 COUNCIL MEETI�G DATE: September 6, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: � � SUB.TEC'r: Waste Management Contract Amendment POLICY QUESTION Should the Council approve amending the current solid waste collection agreement with Waste Management? COMMITTEE Finance, Economic Development and Regional Affairs CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: August 23, 2011 ❑ Public Hearing ❑ Other STAFF REPORT BY: Robert Van Orsow, SW&R Coordmator v DEPT Pubhc Works Attachments: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated August 23, 2011 Options Considered: 1. Approve the contract amendment with Waste Management, amending the Contract's collection equipment and performance specifications. 2. Take no action and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommends Option l. MAYOR APPROVAL: DIRECTOR APPROVAL: ��` Council Committee Council COMMITTEE RECOMMENDATION I move to forward Option 1 to the September 6 , 2011 City Council Consent Agenda for approval. %�_ /`"/', �����.�'.,��, _�� �,�.��-- . ��,-�!�; i�� Jeanne Burbidse. Mem Jack PROPOSE�COUNCIL MOTION (.;I�move approval of the contract amendment between the City of Federal` Way and Waste Management, and authorize the Mayor to execute the amended agreement continuing its initial term through February 28, 2017. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordfnances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # K:\COiJNCIL\AGDBILLS\2011\09-06-11 Waste Management Contract Amendment.doc CITY OF FEDERAL WAY MEMORANDUM DATE: August 23, 2011 TO: Finance, Economic Development and Regional Affairs Committee VIA: Skip Priest, Mayor FROM: Rob Van Orsow, Solid Waste and Recycling Coordinat��. �.sw-� Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management � SUBJECT: Waste Mana�ement Contract Amendment BACKGROUND' The City entered into an agreement with Waste Management of Washington (Waste Management, or WM) for solid waste, compostables, and recyclables collection services in late 2009. Performance monitoring of this agreement identified several contract provisions that need to be revised. Negotiation between the City and WM has resulted in the contract amendments as detailed below. The proposed contract amendment has no rate impact for customers, no fiscal impact to the General Fund, and no change to contract length. The amended version of the contract is attached. SUMMARY OF PROPOSED CONTRACT AMENDMENTS (BY SECTION): Definitions: Adds definitions related to Call Center performance tracking measures. Section 21.8 - Inclement Weather and Other Service Disruptions: Clarifies differences in weather-related recovery procedures far commercial vs. residential customers, as well as the recovery process in case service disruptions occur during successive weeks. Amends related communication requirements and planning elements used to set service recovery procedures. Section 21.13: Clarifies the City's role in approval of routine changes to service routes and collection schedules. Section 2.114 - Equipment Age/Condition: Specifies roll-out of a new collection fleet powered by Compressed Natural Gas (CNG) . This will result in improved overall fleet emissions compared to the ariginal contract's diesel emissions control requirements. The amendment also requires roll- out of the new fleet one full year earlier (before the end of 2012 instead of the end of 2013). In exchange for lower emissions long-term plus speeding up the new fleet's roll-out, particulate trap emission control retrofits are waived for the soon to be retired current fleet. WM's current fleet will remain fully compliant with less-stringent Federal diesel emissions requirements. Section 2.1.15.6: Clarifies labeling and re-labeling specifications far collection containers. Section 2.2.1.3: Clarifies collection container type and size standards. Section 2.2.3.3: Increases collection frequency to weekly year-round for compostables (specifically curbside yard debris and food scraps recycling) with no related rate increase. The every-other-week August 23, 2011 Finance, Economic Development and Regional Affairs Committee Waste Management Contract Amendment Page 2 service schedule formerly used during winter months has been eliminated. Waste Management consented to this service improvement via a separate letter of understanding executed in 2010, allowing implementation of this schedule change this past winter. Section 2.2.6.2: Clarifies that drop-boxes (large detachable containers) may be used for no-cost recyclables collection services at multi-family complexes as appropriate. Section 2.3.2 - Customer Service (specifically Section 2.3.2.2.3 on Call Center performance): Limits on operational and resource capacity at WM's regional Call Center in Oak Harbor, WA means that WM cannot meet specifications set by the current contract. Updated performance specifications parallel the system the City of Seattle developed for a similar contract with WM. This includes weekly data reporting to improve Call Center performance monitoring, along with automatic financial penalties for substandard performance. Section 2.3.5: Establishes an ongoing incentives/rewards program to encourage participation in all recycling efforts. Updates the timing for mailing WM's annual service updates to allow notification of the annual March rate adjustment (rather than the former mid-winter adjustment). Section 4.1: This section sets monetary damages (performance fees) for failure to meet many specified contract parameters. The two key areas addressed include: • Penalties to prompt WM's compliance with fleet replacement and equipment use reportinge • IZevised Call Center performance penalties. A handful of minor corrections and clarifications appear in other sections of the contract. Any questions regarding this proposed contract amendment can be directed to Rob Van Orsow at 253.835.2770. Attachment: Waste Management Comprehensive Collection Contract (Amended) cc: Project File Day File k:AFF.DRAC\20 f I\Waste Nlana�ement Contract Amendment.doc AMENDED AND RESTATED SEPTEMBER 2011 COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT City of Federal Way and Waste Management of Washington, Inc. March 1, 2010 — February 28, 2017 AMENDED AND RESTATED COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT TABLE OF CONTENTS RECITALS.....................................................................................................................................� DEFINITIONS .................................. ........................................... 6 1. TERM OF CONTRACT .......................................................................................................1 I 2. SCOPE OF WORK ...............................................................................................................13 2.1 General Collection System Requirements ...................................................................11 2.1.1 City Service Area .......................................................................................... l l 2.1.2 Annexation ....................................................................................................1� 2.1.3 Unimproved Public Streets and Private Roads .............................................13 2.1.4 Hours/Days of Operation ..............................................................................13 2.1.5 Employee Conduct ........................................................................................13, 2.1.6 Disabled Persons Service ..............................................................................14 2.1.7 Holiday Schedules ........................................................................................14 2.1.8 Inclement Weather and Other Service Disruptions ......................................14 2.1.9 Suspending Collection from Problem Customers .........................................16 2.1.10 Missed Collections ........................................................................................ l 7 2.1.11 Same Day Collection ....................................................................................1$, 2.1.12 Requirement to Recycle and Compost ..........................................................1 � 2.1.13 Routing, Notification and Approval ..............................................................l9 2.1.14 Equipment Age/Condition ............................................................................ l9 2.1.15 Container Requirements and Ownership ......................................................20 2.1.15.1 2.1.15.2 2.1.15.3 2.1.15.4 2.1.15.5 2.1.15.6 2.1.15.7 Micro-Cans, Mini-Cans and Garbage Cans ................................21 Garbage, Recyclables and Compostables Carts ..........................21 Detachable and Drop-Box Containers ........................................23 RecyclingCarts ...........................................................................24 Ownershi p .................................................................................. 2 5 Container Colors and Labeling ...................................................25� Container Weights ......................................................................26 2.1.16 Spillage .........................................................................................................2,6 2.1.17 Pilot Programs ..............................................................................................27 2.1.18 Disruption Due to Construction ....................................................................28 2.1.19 Contractor Planning Assistance ...................................................................._28 2.1.20 Safeguarding Public and Private Facilities ...................................................28 2.1.21 Company Name ............................................................................................28 2.1.22 Transition and Implementation of Contract ..................................................29 2.1.23 Ongoing Coordination with City and Performance Review .........................32� 2.1.24 Disposal Restrictions and Requirements ......................................................33 Deleted: 1 Deleted: 1 � Deleted:6 — —� Deleted: 6 � Deleted: 6 Deleted: 6 Deleted: 6 Deleted: 7 Deleted: 8 Deleted: 8 Deleted: 9 Deleted: 9 Deleted: 9 Deleted: 11 �e�eted: > > Deleted: 12 oe�eted: �2 Deleted: i3 � Deleted: 13 Deleted: 14 Deleted: 15 Deleted: ts Deleted: 16 Deleted: 18 Deleted: 18 Deleted: 19 Deleted: 19 Deleted: 20 �e�eted: z i Deleted: 2 t �e�eted: z i Deleted: 22 l �e�eted: 2z �e�eted: zz Deleted: 25 oe�eted: z6 _ City of Federal Way 1 September 2011 Solid Waste Collection Contract 2.1.25 Direct Payment of Disposal Fees by City .....................................................3 _3, 2.1.26 Alternative Fuels: Biodiesel and�Iatural Gas �(G) ....................................34 2.1.27 Violation of Ordinance .................................................................................35, 2.2 Collection Services ......................................................................................................35, 2.2.1 Single-Family Residence Garbage Collection ..............................................35 2.2.1.1 Subject Materials ........................................................................35 2.2.1.2 Collection Containers .................................................................35 2.2.1.3 Specific Collection Requirements ..............................................35 2.2.2 Single-Family Residence Recyclables Collection ........................................37 2.2.2.1 Subject Materials ........................................................................37 2.2.2.2 Containers ................................................................................... � 2.2.2.3 Specific Collection Requirements ..............................................3� 2.23 2.2.4 Compostables Collection ..............................................................................40 2.2.3.1 Subject Materials ........................................................................40 2.2.3.2 Containers ...................................................................................40 2.2.33 Specific Collection Requirements ..............................................41 2.2.3.4 Food Scraps Collection ...............................................................41 Single Family Bulky Waste Collection .........................................................41 2.2.4.1 Subject Materials ........................................................................41, 2.2.4.2 Specific Collection Requirements ..............................................4� 2.2.5 Multi-Family Complex and Commercial Customer Garbage Collection.....� 2.2.5.1 Subject Materials ........................................................................4� 2.2.5.2 Containers ...................................................................................� 2.2.5.3 Specific Collection Requirements ..............................................43 2.2.6 Multi-Family Complex Recyclables Coilection ...........................................44, 2.2.6.1 Subject Materials ........................................................................44 2.2.6.2 Containers ...................................................................................44 2.2.6.3 Specific Collection Requirements ..............................................45 2.2.6.4 Provision of Limited-Scale Recyclables Collection for Multi- Family Customers .......................................................................45 2.2.6.5 Multi-Family Recycling Outreach and Incentives ......................4C� 2.2.7 2.2.8 Commercial Recycling Collection — Universal Cart-Based Recycling Collection Services, Other Commercial Services and Fee Cap ....................46 2.2.7.1 Subject Materials ........................................................................46 2.2.7.2 Containers ...................................................................................47 2.2.7.3 Specific Collection Requirements ..............................................47� Multi-Family Complex and Commercial Customer Compostables Collection .................................................................................................................... .4� �e�eted: z� � Deleted: Compressed Deleted: C Deleted: 27 �e�eted: zs Deleted: 28 Deleted: 28 Deleted: 28 Deleted: 29 Deleted: 29 Deleted: 30 Deleted: 30 Deleted: 31 Deleted: 32 Deleted: 33 Deleted: 33 DEIEt2d: 33 DelEt2Cl: 34 Deleted: 35 Deleted: 35 Deleted: 35 Deleted: 35 DEIEted: 35 Deleted: 35 � Deleted: 36 Deleted: 36 Deleted: 37 Deleted: 3� Del2t2d: 37 DeletEd: 38 Deleted: 38 Deleted: 39 Deleted: 39 Deleted: ao � Deleted: 40 Del2ted:41 _ � Deleted: 41 City of Federal Way 2 September 2011 Solid Waste Collection Contract 2.2.8.1 Subject Materials ........................................................................48 2.2.8.2 Containers ...................................................................................48 2.2.8.3 Specific Collection Requirements ..............................................49 2.2.9 Drop-Box Container Garbage Collection .....................................................50 2.2.9.1 Subject Materials ........................................................................50 2.2.9.2 Containers ...................................................................................50 2.2.9.3 Specific Collection Requirements ..............................................50, 2.3 2.2.10 Temporary Container Customers ..................................................................51 2.2.11 Municipal Services .......................................................................................51 2.2.12 City-Sponsored Community Events .............................................................53 2.2.13 Mixed-Use Buildings ....................................................................................53 2.2.14 Other Solid Waste Collection Services .........................................................53 Management .................................................................................................................54� 2.3.1 Responsibility of Participants .......................................................................54 2.3.2 2.3.3 2.3.4 2.3.1.1 Contractor's Responsibilities ......................................................54 2.3.1.2 City's Responsibilities ................................................................56 Customer Service and Billing .......................................................................57 2.3.2.1 Office Location ...........................................................................57 2.3.2.2 Customer Service Requirements .................................................58 2.3.2.2.1 Customer Service Representative Staffing ...............5� 2.3.2.2.2 Service Recipient Complaints and Requests ............� 2.3.2.2.3 Handling of Customer Calls .....................................59 2.3.2.2.4 Corrective Measures .................................................61 23.2.2.5 Internet Website ....................................................•••.61 2.3.2.2.6 Full Knowledge of Programs Required ....................� Contractor's Customer Billing Responsibilities ...........................................63, Reporting......................................................................................................65 23.4.1 Monthly Reports .........................................................................65 2.3.4.2 Annual Reports ...........................................................................67 2.3.4.3 Ad Hoc Reports ..........................................................................67� 23.5 Promotion and Education .............................................................................68, 2.3.6 Field Monitoring ...........................................................................................69 23.7 Transition to Next Contractor .......................................................................69� 3. COMPENSATION ................................................................................................................7�(. 3.1 Compensation to the Contractor ..................................................................................70 3.1.1 Rates .............................................................................................................70 3.1.2 Itemization on lnvoices .................................................................................70 3.1.3 Discontinuing Service for Nonpayment ........................................................7_0, oeleted: 41 Deleted: 41 ue�eted: az Deleted: 43 Delet2d: 43 � Deleted: 43 Deleted: 43 Deleted: 44 DeletEd: 44 Deleted: 46 Deleted: 46 Deleted: 4� Deleted: 47 Deleted: 47 Deleted: 47 DeletEd: 49 Deleted: 50 Deleted: 50 oe�eted: s i Deleted: 51 Deleted: 51 Deleted: 52 D212tEd: 53 Deleted: 53 oe�eted: sa -� D21CtEd: 55 ueleted: s� �e�eted: s� Deleted: 59 DEleted: 59 Deleted: 59 � Deleted: 61 Delet2Cl: 61 Deleted: 61 Deleted: 61 � leted: 61 � Deleted: 62 Deleted: 62 City of Federal Way 3 September 2011 Solid Waste Collection Contract 3.2 Compensation to the City ............................................................................................71 3.3 Compensation Adjustments .........................................................................................71 3.3.1 Annual Rate Adjustment ...............................................................................71 33.2 Disposal Fee Adjustments ............................................................................� 3.33 Changes in Recyclables or Compostables Processing Sites and Tipping Fees ......................................................................................................................73 3.3.4 Other Modifications ......................................................................................73 3.4 Change in Law .............................................................................................................73 4. FAILURE TO PERFORM, REMEDIES, TERMINATION .............................................� 4.1 Performance Fees .........................................................................................................74 4.2 Contract Default ...........................................................................................................77 4.3 Availability of Collection Vehicles .............................................................................79 5. NOTICES ...............................................................................................................................79 6. GENERAL TERMS ..............................................................................................................�, 6.1 Collection Right ...........................................................................................................80 6.2 Access to Records ........................................................................................................81, 63 Contractor to Make Examinations ...............................................................................81 6.4 Insurance ......................................................................................................................� 6.4.1 Minimum Scope of Insurance .......................................................................8� 6.4.2 Minimum Amounts of Insurance ..................................................................83 6.4.3 Deductibles and Self-Insured Retentions ......................................................83� 6.4.4 Other Insurance Provisions ...........................................................................83 6.4.5 Acceptability of Insurers ...............................................................................84 6.4.6 Verification of Coverage ..............................................................................84� 6.4.7 Subcontractors ..............................................................................................84 6.4.8 ACORD Form ...............................................................................................84� 6.5 Performance Bond .......................................................................................................85 6.6 Indemnification ............................................................................................................_8 5 6.6.1 Indemnify and Hold Harmless ......................................................................85 6.6.2 Notice to Contractor; Defense ......................................................................85 6.6.3 Industrial Insurance Immunity Waiver .........................................................86 6.7 Payment of Claims .......................................................................................................8�, 6.8 Confidentiality of Information .....................................................................................87 6.9 Assignment of Contract ...............................................................................................87 6.9.1 Assignment or Pledge of Moneys by the Contractor ....................................87 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control.87 6.10 Laws to GovernNenue ................................................................................................88 6.11 Compliance With Law .................................................................................................88 6.12 Non-Discrimination .....................................................................................................88, 6.13 Permits and Licenses ...................................................................................................89 Deleted:62 -� Deleted: 63 Deleted: 63 DEIEted: 64 Deleted:64 -� Deleted: 64 DEI2tEd: 64 Deleted: 65 Deleted: 65 Deleted: 69 ue�eted: �o Deleted: 71 Deleted: 71 Deleted: 71 ue�etea: �z Deleted: 72 DetEted:73 � DelEted: 73 Deleted: 74 �e�eted: �a Deleted: 75 Deleted: 75 Deleted: 75 Deleted: �5 D212tEd: 76 Deleted: 76 Deleted: 76 Deleted: �6 -� �e�eted: �� Deleted: 77 Deieted:77 -� Deleted: 78 �e�eted: �s � Deleted: �s � Deleted: �8 Deleted:79 � �e�eted: �9 �e�eted: �9 _� ue�eted: so � City of Federal Way 4 September 2011 Solid Waste Collection Contract 6.14 Relationship of Parties .................................................................................................89 6.15 Contractor's Relationship with Customers ..................................................................89 6.16 Bankruptcy ...................................................................................................................90 6.17 Right to Renegotiate/Amendment ...............................................................................90 6.18 Force Majeure ..............................................................................................................90 6.19 Illegal Provisions/Severability .....................................................................................91 6.20 Waiver ..........................................................................................................................91 6.21 Entirety .........................................................................................................................9� Attachment A: Service Area Map Attachment B: Contractor Initial Rates Attachment C: Rate Modification Example K:\SWR\WM\contracfll0-003 SWR Collection Amd 1 Striker 09-16-20ll.doc � Deleted: 80 oe�eted: so ue�eted: sl Deleted: 81 Deleted: 81 Deleted: 82 Deleted: 82 Deleted: 82 City of Federal Way 5 September 2011 Solid Waste Collection Contract This solid waste collection contract is entered into by and between the City of Federal Way, a municipal corporation of the State of Washington ("City"), and Waste Management of Washington, Inc., a Washington corporation ("Contractor") to provide for collection of Garbage, Compostables, and Recyclables from Single-Family Residences, Multi-Family Complexes and Commercial Customers located within the City Service Area. (Each capitalized term is hereinafter defined.) The parties, in consideration of the promises, representations and warranties contained herein, agree as follows: RECITALS ,WHER th e Citv. and Contract in 2 010 entered into_ an_ entitled `'C — ---- ---- Garba �gE, Recyclables and Compostables Collection�greement,"�he "Contract." and WHEREAS, the Citv and Contractor wish to amend the Contract with various modifications�includi� _________ g '� _,_ -emission collect,ion vehicles, increasingthe Com�ostabLes aceeleratm the �m ementation of lower c,olleet,ion frec�uency, and modifying the call center performance standards_to retlect_the Contractor'_s current capabilities; and WHEREAS, Section 6,._17 of thz_Contract_provides that the City and Contrac,tor may_negotiate ingoo_ci ta�th contract amendments which may be authorized only by written modi�cation,. . .. ----- - .. . .. _ _ . _ .. NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, the City and Contractor do hereby agree as follows: DEFINITIONS Del2ted: WHEREAS, the Contractor represents that it has the experience, resources and expertise necessary to perfom� the contract services; and¶ WHEREAS, the Contractor currently provides solid waste service under contract with the City which will expire December 31, 2010; and¶ WHEREAS, [he City and Contractor have negotiated this new agreement with enhanced services to replace and supersede the previous contract prior [o the previous contracYs termination; and¶ WHEREAS, the City desires to enter into this contract with the Contractor for the Garbage, Recyclables and Compostables collection services; Deleted: Contrac[ DC12t2d: hereafter Avera�e Speed of Answer (ASA): Avera�e Speed of Answer is based on the average time Custo s en in c�ueue startin� i mmediatel�after com�letion of any auto mated_front-end or � �eieted: ���sm�aeroco�r�a��o�aze screening_�rompts. Time in c�ueue_is considered the_ total_on-hold time spent awaitin� Spe"` - - — - .- _ ., live customer service re�resentative to answer and is the_basis for_calculatin,�ASA. Abandoned Call Percentage (ABA %): Abandoned Call Percenta�e is based on the number of Customer callers that �lisconne� for an�eason while_on-hold in_�ueue_prior to initial live customer service representativ_e answe�. Change in ControL• Change in Control means any sale, merger, policy of assets, the issuance of new shares, any change in the voting rights of existing shareholders, or other change in ownership which transfers the 25% or more of the beneficial interest therein from one entity to another. Provided, however, that intracompany transfers, such as transfers between different subsidiaries or branches of the parent corporation of the Contractor, or transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor upon the effective date of this contract shall not constitute a change in control. Formatted: Font: Bold DeletEd: have a call to Contractor �e�eted: ea F ortnatted: Font: Not Bold City of Federal Way 6 September 2011 Solid Waste Collection Contract � City: The word "City" means the City of Federal Way, King County, Washington. As used in the Contract, it includes the official of the City holding the office of the City Manager or her/his designated representative, such as the City's Director of Public Works. City Service Area: The initial City Service Area shall be the corporate limits of the City as of March 1, 2010. Commercial Customer: The term "Commercia! Customer" means non-residential Customers including businesses, institutions, governmental agencies and all other users of commercial-type Garbage collection services. Compostables: The word "Compostables" means Yard Debris and Food Scraps separately or combined. Compostables Cart: The term "Compostables Cart" means a Contractor-provided 35-, 64- or 96-gallon wheeled cart provided to Compostables collection Customers for the purpose of containing and collecting Compostables. Container: The word "Container" means any Micro-Can, Mini-Can, Cart, Detachable Container or Drop-Box Container owned and provided by the Contractor. Contractor: The word "Contractor" means Waste Management of Washington, Inc., which has contracted with the City to collect and dispose of Garbage and to collect, process, market and transport Recyclables and Compostables. Curb or Curbside: The words "Curb" or "Curbside" mean on the homeowners' property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or on- street parking. If extraordinary circumstances preclude such a location, Curbside shall be considered a placement suitable to the resident, convenient to the Contractor's equipment, and mutually agreed to by the City and Contractor. Customer means all users of solid waste services. Detachable Container: The term "Detachable Container" means a watertight metal or plastic Container equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity. Drop-Box Container: The term "Drop-Box Container" means an all-metal Container with ten (10) cubic yards or more capacity that is loaded onto a specialized collection vehide, transported to a disposal or recycling site, emptied and transported back to the Customer's site. Extra Unit: The term "Extra Unit" means excess material which does not fit in the Customer's primary Container. In the case of Garbage Containers under one cubic yard in capacity, an Extra Unit is 32-gallons, and may be contained in either a plastic bag or Garbage Can. In the case of Containers one cubic yard or more in capacity, and Extra Unit is one cubic yard. In the case of Residential Compostables collection, an Extra Unit shall be 96-gallons. City of Federal Way 7 September 2011 Solid Waste Collection Contract Food Scraps: The term "Food Scraps" mean all Compostable pre- and post-consumer Food Scraps placed in a Compostables Cart, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds or egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper or biodegradable products specifically accepted by the Contractor's selected composting site. Food Scraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility. The range of materials handled by the Compostables collection program may be changed from time to time upon the approval of the City to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection provided by the Contractor. Garbage: The word "Garbage" means all putrescible and nonputrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, and discarded commodities that are placed by Customers of the Contractor in appropriate bins, bags, cans or other receptacles for collection and disposal by the Contractor. The term Garbage shall not include Hazardous Wastes, Special Wastes, Source-Separated Recyclables or Compostables. Garbage Can: The term "Garbage Can" means a City-approved Container that is a water-tight galvanized sheet-metal or sturdy plastic Container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped handles, one on each side; and fitted with a tight cover equipped with a handle. All Containers shall be rodent and insect proof. Garbage Cart: The term "Garbage Cart" means a Contractor-provided 20-, 35-, 64- or 96- gallon wheeled cart suitable for household deposit, starage and Curbside placement and collection of Garbage. Garbage Carts shall be rodent and insect proof and kept in sanitary condition at all times. Hazardous Waste: The term "Hazardous Waste" means any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq•, as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et sea•; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. City of Federal Way 8 September 2011 Solid Waste Collection Contract King County Disposal System: The term "King County Disposal System" means the real properiy owned, leased or controlled by the King County Solid Waste Division, King County, Washington for the disposal of Garbage, or such other site as may be authorized by the then current King County Comprehensive Solid Waste Management Plan. Micro-Can: The term "Micro-Can" means a water-tight plastic Container not exceeding ten gallons in capacity; fitted with two sturdy handles, one on each side; and fitted with a tight cover. Mini-Can: The term "Mini-Can" means a water-tight plastic Container not exceeding twenty gallons in capacity; fitted with two sturdy handles, one on each side; and fitted with a tight cover. � Mixed Paper: The term "Mixed Paper" means magazines, junk mail, phone books, bond or ledger grade paper, cardboard, paperboard packaging and other fiber-based materials meeting industry standards. Tissue paper, paper towels, food-contaminated paper or paper packaging combined with plastic, wax or foil are excluded from the definition of Mixed Paper. Mixed-Use Building: The term "Mixed-Use Building" means a structure inhabited by both Residential and Commercial Customers. Multi-Family Complex: The term "Multi-Family Complex" means a multiple-unit Residence with multiple attached or unattached dwellings billed collectively for collection service. Private Road: The term "Private Road" means a privately owned and maintained way that allows for access by a service truck and that serves multiple Residences. Public Street: The term "Public Street" means a public right-of-way used for public travel, including public alleys. Recyclables: The word "Recyclables" means aluminum cans; corrugated cardboard; glass Containers; Mixed Paper; motor oil, newspaper; recyclable plastic Containers that have contained non-hazardous products; polycoated or aseptic caRons; Scrap Metals and tin cans. Recycling Cart: The term "Recycling Cart" means a Contractor-provided 35-, 64- or 96-gallon wheeled cart suitable for household collection, storage and Curbside placement of Source- Separated Recyclables. Recycling Container: The term "Recycling Container" means a Contractor-provided Container suitable for on-site collection, storage and placement of Source-Separated Recyclables at Multi- Family Complexes and Commercial Customer locations. Residence/ResidentiaL• The words "Residence" or "Residential" mean a living space, with a kitchen, individually rented, leased or owned. Scrap Metals: The term "Scrap Metals" means ferrous and non-ferrous metals, not to exceed two (2) feet in any direction and thirty-five (35) pounds in weight per piece. D2leted: Many e�cisling Customers were provided with Mini-Cans which will continue to be used and then be replaced upon request or when wom out with a D21etEd: A 20 Deleted: twenty-gallon Gazbage Cart which shall be the default con[ainer provided [o Customers who reques[ [he D21et2d: considered a Deleted: "Mini-Can" level of service. Deleted: . DCIEt2d: Exceptions to provide Mini- Cans are allowed in cases where a Crarbage Cart does not meet a Customer's requirements. ¶ City of Federal Way 9 September 2011 Solid Waste Collection Contract Single-Family Residence: The term "Single-Family Residence" means all one-unit houses, duplexes, triplexes, four-plexes, and mobile homes that are billed for collection service individually and located on a Public Street or Private Road. Source-Separated: The term "Source-Separated" means certain reclaimable materials that are separated from Garbage by the generator for recycling or reuse, including, but not limited to Recyclables, Compostables and other materials. Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes, industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de-characterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring special handling in accordance with applicable federal, state, county or local laws or regulations. Total Service Factor Percent (TSE %) — The percenta�e of all Customer calls offered o a monthly basis that Contractor answered within a s�ecified�eriod of seconds. Yard Debris: The term "Yard Debris" means leaves, grass and clippings of woody, as well as fleshy, plants. Unflocked, undecorated holiday trees are acceptable. Materials larger than four (4) inches in diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two feet by two feet by four feet (2'x2'x4') in dimension shall be allowed and shall be secured by degradable string or twine, not nylon or other synthetic materials. Kraft paper bags and untied reusable plastic-mesh bags may also be used to contain extra Yard Debris. Shredded Compostable Mixed Paper may be included in Compostables Carts. City of Federal Way 10 September 2011 Solid Waste Collection Contract AMENDED AND RESTATED COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT Formatted: Underline � This areement (hereafter, "Contract") }nade and entered into tl�e Thirteenth day of January �eieted agreement 2010, by and between the City of Federal Way, a municipal corporation (hereafter, "City"), and Deleted: is Waste Management of Washington, Inc, a Washington corporation (hereafter, "Contractor") is Deleted: is hereb�amended and restated �tember , 2011. 1. TERM OF CONTRACT The term of this Contract is seven years, starting March l, 2010, and expiring February 28, 2017. The City may, at its sole option, extend the agreement for up to two (2) extensions, each of which shall not exceed two (2) years in duration. Any such extension shall be under the terms and conditions of this Contract, as amended by the City and Contractor from time to time. To exercise its option to extend this Contract, notice shall be given by the City to the Contractor no less than ninety (90) days prior to the expiration of the Contract term or the expiration of a previous extension. In the event that additional areas are annexed into the City on or before the termination of this Contract, those annexation areas shall continue to be serviced under the terms of this Contract for a seven (7) year period, starting on the date of annexation, in accordance with Section 2.1.2 of this Contract. 2. SCOPE OF WORK 2.1 General Collection System Requirements The Contractor shall collect, take title to and dispose of Garbage, Recyclables and Compostables accarding to the terms and conditions of this agreement; provided, that the Contractor shall not knowingly ar as a result of gross negligence collect or dispose of Hazardous Waste or Special Waste as those terms are defined herein. The Contractor shall indemnify the City for any City damages cause by violation of this Section. To the extent identifiable, Customers shall remain responsible for any Hazardous Waste or Special Waste inadvertently collected and identified by Contractor. 2.1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area. 2.1.2 Annexation City of Federal Way i l Solid Waste Collection Contract September 2011 If, during the term of the Contract, additional territory is added to the City through annexation or other means within which the Contractor has an existing WUTC certificate or other franchise for solid waste collection at the time of annexation, the Contractor shall make collection in such annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract. The City acknowledges that equipment, such as trucks, carts and Containers, may take time to procure, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas due to procurement delays that are not within the control of the Contractor. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their certificate applicable to those annexation areas shall be cancelled effective the date of annexation by the City. The Contractor expressly waives and releases its right to claim any damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. The term during which the Contractor will service any future annexation areas shall be seven (7) years, notwithstanding the term set forth in Section 1 of this Agreement. If, during the life of the Contract, additional territory is added to the City through annexation within which the Contractor does not have an existing WUTC certificate or other franchise for Garbage or other collections, then, upon written notice from the City, Contractor agrees to make collections in such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract. The City acknowledges that equipment, such as trucks, carts and Containers, may take time to procure for distribution, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas covered by this paragraph due to procurement delays that are not within the control of the Contractor. If a party other than the Contractor holds the WUTC certificate for any such additional territory added to this Contract by annexation, the City will indemnify, hold harmless and defend the Contractor from any and all claims, actions, suits, liability, loss, costs, expenses and damages, including costs and attorney fees, arising out of Contractor's service in annexed territory under this Contract. Annexed areas Customers shall receive the same Containers as used elsewhere in the City, in accordance with the provisions of this Contract. In the event where an annexed area is being serviced with Containers different from the City's program, the Contractor shall be responsible for timely Customer notification, removal and recycling of existing Containers and delivery of appropriate Containers to those Customers. City of Federal Way 12 September 20ll Solid Waste Collection Contract 2.13 Unimproved Public Streets and Private Roads Residences located in an area that does not allow safe access, turn-around or clearance for service vehicles will be provided service if materials are set out adjacent to the nearest Public Street or Private Road that provides safe access. In the event that the Contractor believes that a Private Road cannot be safely negotiated or that providing walk-in service for Single-Family Customers is impractical due to distance or unsafe conditions, the Contractor shall work with the Customer to negotiate the nearest safe and mutually convenient pick up location. If the Contractor believes that there is a probability of Private Road damage, the Contractor shall inform the respective Customers. Contractor may require a damage waiver agreement or decline to provide service on those Private Roads. The City shall review and approve the damage waiver form prior to its use with the Contractor's Customers. 2. ] .4 Hours/Days of Operation All collections in Single-Family Residence, Multi-Family Complex and Mixed-Use Building areas shall be made on Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. The City may authorize a temporary extension of hours or days. Saturday collection is allowed to the extent consistent with make-up collections, and holiday and inclement weather schedules. All collection from Commercial Customers shall be made Monday through Saturday with the exception of Customers near areas zoned Residential, which shall be made only between the hours of 7:00 a.m. and 6:00 p.m. Exemptions may be granted in writing by the City to accommodate the special needs of Customers. City code noise restrictions, as amended from time to time, shall be applicable to collection services provided under this contract. 21.5 Employee Conduct The Contractor's employees collecting Garbage, Recyclables and Compostables shall at all times be courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work without delay, minimize noise, and avoid damage to public or private property. If on private property, employees shall follow the regular pedestrian walkways and paths, returning to the street after replacing empty Containers. Employees shall not trespass or loiter, cross flower beds, hedges or property of adjoining premises, or meddle with property that City of Federal Way 13 September 2011 Solid Waste Collection Contract does not concern them or their task at hand. While performing work under the Contract, employees shall wear a professional and presentable uniform with an identifying badge with photo and company emblem visible to the average observer. If any person employed by the Contractor to perform collection services is, in the opinion of the City, incompetent, disorderly or otherwise unsatisfactory, the City shall promptly document the incompetent, disorderly or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a demand that such conduct be corrected. The Contractor shall investigate any written complaint from the City regarding any unsatisfactory performance by any of its workers. If the offending conduct is repeated, the City may require that the person be removed from all performance of additional work under this Contract. Removal shall be addressed by the Contractor immediately, and related documentation shall be provided to the City. 2.1.6 Disabled Persons Service The Contractor shall offer carry-out service for Garbage, Recyclables and Compostables to households lacking the ability to place Containers at the Curb, at no additional charge. The Contractor shall use qualification criteria that are fair and meet the needs of the City's disabled residents. These criteria shall comply with all local, state and federal regulations, and shall be subject to City review and approval prior to program implementation. 2.1.7 Holiday Schedules The Contractor shall observe the same holiday schedule as do King County Transfer Stations (New Years Day, Thanksgiving Day, and Christmas Day). When the day of regular collection is a King County Transfer Station holiday, the Contractor may reschedule the remainder of the week of regular collection to the next succeeding workday, which shall include Saturdays. The Contractor may not collect Residential Garbage, Recyclables or Compostables earlier than the regular collection day due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial Customer. 2.1.8 Inclement Weather and Other Service Disruptions When weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents or property, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall City of Federal Way 14 September 2011 Solid Waste Collection Contract notify the City of its collection plans and outcomes for each day that severe inclement weather is experienced as soon as practical that same business day. The Contractor shall collect Garbage, Recyclables and Compostables from Customers with interrupted service on the first day that regular service to a Customer resumes and shall collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:00 pm and/or on Saturdays following disruptions due to weather in order to finish collection routes. The Contractor shall _ handle weather-related service interrr�tions as t - - - — — – follows: 1____Single _FamilX Residential___Garbage Customers_Make-u � collection shall occur on that_Customer's service day_the fol(owinb week. 2. Sin�le-Family Residential Recvciing customers: Make-up collectio sh all occur on the Customer's ne schedu collecti day�_ The Contractor shall_�royide_ a City-�proved RecXclables dro _ off o ortuni to those missed Customers to accommodate ---p ---��--- t --------------- excess Re�clables_that exceed the Customers' Cart ca�acit�The drop-off _o�grtun� _ one_ or more __ centrally__located containers or trucks convenient to the area wher C ustomers we re missed. ------------------------ — — 3_ Single-Fami� Residential Com�ostables Customers: Make-u� collection shall occur on that Customer's next scheduled�service d �� — — 4. Ail other Multi-fami�and,_ Commercial Services: _Make-up – --- --- - -- -- collection shall occur on t_he first_da��Monda�throu h Saturda� that safe access is available s�iect to the availability of collection trucks and drivers. —. [n the event successive weat e vents occur on the same scheduled Sin�le fami�__Residence collection_day�s�_two__ or _ more weeks _ in__ a_row _�for exam�le c_ollecti_on_service_for Tuesd�_Customers two week_s running�, make_u� collection will be made on the next �ossible day._ In these cases, - — --- the Contractor_shall not_ wait_for the re�ular� scheduled_collection da�the following week to service that area__In__the event of successiye service City of Federal Way 15 September 2011 Solid Waste Collection Contract Deleted: If successive weather events occur on the same scheduled collection day(s) two weeks in a row for a single collec[ion day (i.e., Tuesday Customers), an additional collection will be made on the next possible business day that same week, (i.e. no[ wai[ing for the regulazly scheduled collection day for the missed area.) If multiple days aze missed due to inclemen[ weather in multiple weeks, collections shall be made on the next regularly scheduled collection day. In the event ofsuccessive service dis�'uptions impacting entire neighbofioods, Contractor may provide temporary Residential Crarbage collection sites using driver-staffed Drop Box Con[ainers or other suitable equipment, with no extra chazge assessed for such temporary se Formatted: Font: Times New Roman, 12 pt Formatted: Bullets and Numbering Deleted: in t w eeks. Formatted: Font: Times New Roman, 12 pt Fortnatted: Font: Times New Roman, 12 pt D21EtEC1: the following week. Formatted: Font: Times New Roman, 12 pt Deleted: S Formatted: Font: Times New Roman, 12 pt disr�tions_im�actin�_ entire_ ne�hb Contractor ma ��ro_v_ide tem Re,c�cl co llection sites usi dr iv_er-staffed Dr 7�-Box Conta iners_ or_ other suitable e uq ipm ent with no extra char�e assessed for such temporary service. 2.1.9 The Con tractor and__ Ci� will_develo�a i m�lement a we ather-relat ed operations & com __�roto t o _ mo re speci fcall� address ma nage m ent o f_seryic e disr tip ons• Thi��tocol will detail �re-ev_ent and post- inclement weather designation and___recove �lan s�_as well as identif�in�_�otential tem�ora.r�ol_lection_ _sites. The inclement weather/disruption in service requirements in the preceding paragraphs may be changed upon mutual written agreement of the Contractor and City at any time during the term of this Contract to better serve Customers. Weather policies shall be included in program information provided to Customers. On each inclement weather day, the Contractor shall release notices to the local newspapers and radio stations (including the Seattle Times, Federal Way Mirror and KING AM, KIRO, KOMO and KUOW radio stations) and the Contractor's website notifying residents of the modification to the collection schedule. The City may specify additional media outlets for Contractor announcements at its discretion. The Contractor shall also notify The Federal Way Mirror newspaper when the duration of an inc(ement weather event is long enough to warrant notice in that publication. The Contractor shall also notify the Federal Way Mirror newspaper when the inclement weather lasts for four days or more and affects the collection schedule. Contractor shall use automated dialing services to inform Customers at the route level about service change�, When closure of roadways providing access or other non-weather related events beyond the Contractor's control prevent timely collection on the scheduled day, the Contractor shall make collections on the first day that regular service to a Customer resumes, collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:00 pm and/or on Saturdays following such disruptions in order to finish collection routes. Delayed or interrupted collections as described in this Section are not considered service failures for purposes of Section 4.1. Suspending Collection from Problem Customers The City and Contractor acknowledge that, from time to time, some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. Those disruptions or conflicts may include, but not be limited to, repeated damage to Contractor-owned Containers, DeletEd: , provided that Customers shall be provided the opaon of opting out of automated calls City of Federal Way 16 September 2011 Solid Waste Collection Contract repeated refusal to position Garbage, Recycling and Compostables Carts properly, repeated suspect claims of timely set-out followed by demands for return collection at no charge, repeated claims of Contractor damage to a Customer's property, or other such problems. The Contractar shall make every reasonable effort to provide service to those problem Customers. However, the Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate the Customer and to provide services fail. If the Customer submits a written letter to the City appealing the Contractor decision, the City may, at its discretion, intervene in the dispute. In this event, the decision of the City shall be final. The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible. 2. L 10 Missed Collections If Garbage, Recyclables or Compostables Containers are set out inappropriately, improperly prepared or contaminated with unacceptable materials, the Contractor shall place in a prominent location a notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to provide proper notification to Customers of the reason for rejecting materials for collection shall be considered a missed collection and/or subject to performance fees due to lack of proper Customer notification. The failure of the Contractor to collect Garbage, Recyclables or Compostables that has been set out by a Customer in the proper manner shall be considered a missed pick-up, and the Contractor shall collect the materials from the Customer on the same day if notified by � p.m. Monday through Friday, otherwise the collection shall occur on the next business day. The Contractor shall maintain an electronic database of all missed pick-ups (whether reported by telephone call or e-mail) and Contractor shall routinely note and provide corrective action to those Customers who experience repeated missed pick-ups Such records shall be made available for inspection upon request by the City and shall be included with monthly reports unless otherwise directed by the City. In the event that the Contractor fails to collect the missed pick-up within twenty-four (24) hours of receipt of notice (or on Monday in the event of notification after 4:00 p.m. on Friday), the Contractor shall collect the materials that day and shall be subject to performance fees. If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, the Contractor shall be permitted to charge the Customer an additional fee for this service (a "return trip fee" at the rate Del2ted:4:00 � City of Federal Way 17 September 2011 Solid Waste Collection Contract specified in Attachment B), provided the Contractor notifies the Customer of this charge in advance. 2.1.11 Same Day Collection Garbage, Recyclables and Compostables collection shall occur on the same regularly scheduled day of the week for Single-Family Residence Customers. The collection of Garbage, Recyclables and Compostables from Multi-Family Complexes and Commercial Customers need not be scheduled on the same day. 21.12 Requirement to Recycle and Compost The Contractor shall recycle or compost all loads of Source-Separated Recyclables and Compostables collected, unless express prior written permission is provided by the City. The disposal of contaminants separated during processing is acceptable to the extent that it is unavoidable and consistent with industry standards. The Contractor's residuals from the overall processing operations at the facility (including both City and non- City material) shall not exceed 5%. Recyclables in residual stream shall not exceed 2% of the inbound Recyclables. If more than 2% of inbound materials are found to be contaminants, the Contractor will develop a plan to determine which Customers are adding contaminants in their Recyclables and then provide a public education program to remedy the situation. The Contractor shall process Recyclables in such a manner as to minimize out-throws and prohibitives in baled material. Out-throws shall be less than 8%, prohibitives less than 1%-2% by weight of outgoing materials. The Contractor shall remove 90% or more of the inbound contaminants for disposal. City staff shall be provided access to the Contractor's processing facilities at any time for the purposes of periodically monitaring the facilities' performance under this Section. Monitoring may include, but not limited to, taking samples of unprocessed Recyclables, breaking selected bales and measuring the out-throws and prohibitives by weight, taking samples of processed glass and metals, reviewing actual markets and use of processed materials, and other activities to ensure the Contractor's performance under this Section and to ensure that misdirected Recyclables and contamination are minimized. Obvious contaminants included with either Source-Separated Recyclables or Compostables shall not be collected, and shall be left in the Customer's Container with a prominently displayed notification tag (per Section 2.1.10) explaining the reason for rejection. City of Federal Way 18 September 2011 Solid Waste Collection Contract 2.1.13 Routing, Notification and Approval The Contractor shall indicate, on a detailed map acceptable to the City, the day of the week Garbage, Recyclables and Compostables shall be collected from each Single-Family Residence. The Contr m a�change_the da of co llection b iv the C ity writte noti c_e__including the �ro�osed chan�e__and a list _of aff ected accounts_ or r�o�s of accoun at least thir��30� daxs�riar to_the effecti date and must obtain__advance_written__�proyal__from_the City_�,On the City's approval, the Contractar shall provide affected Customers with at least fourteen (14) days written notice of pending changes of collection day. The Contractor shall obtain the prior written approval from the City of the notice to be given to the Customer, and such approval shall not be unreasonably withheld. 2.1.14 Equipment Age/Condition No_later than December 31�2012�a11_collectio_n vehicles regularlv_used b�- the Contractor for the ,�erformance of this Contract shall meet or exceed, model vear 201� federal emission standards_The Contractor shall maintain --- — — – and _o�erate all of its vehicles to ensure continued_ com�liance with the ---------------- standards under_which these vehicles were ori�inal� and shall not tamper with or otherwise chan�e emissions control equipment in a way that woul_d_ reduce the__originally In,_ meetin� _ the requirements of this sect�on all collection_v_ehicles�rocured by Contractor . _L.__.'__ .. . shall be�owered bv�Natural Ga_s_�G)__Contractor shall also_be rec�uired to �rovide__ade�uate�IG _fueling c�acity_at__the o�erations__�ard where_these r�ularlX-used vehicles are serviced and stored. Individual diesel powered back-u�collection vehicles are limited in use to less than th��� o�eratinyd�s �er_calendar _y_ear and shall not be subject to the age and emission standards that apply to regularly used collection vehicles, but shall be presentable, in safe working order and shall be subject to all other conditions of this Section. The accumulated annual use by operating da��f each individual back-up vehicle used by the Contractor shall be reported in the Contractor's monthly report. �s of January_1 _2013, for the remainder of thi_s_Contrac_t_term _in no_case shall --- - -- -- -----.._. .. .--- an� vehic(e chassis be older than a t�tal of ten_mode�ears from the _t_hen- current mode�ear. � All vehicles used in the performance of this Contract shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least once each week. Vehicles shall be repainted as needed and/or at the reyuest of the City. De12tEd: The Contractor may change the day of collection by giving notice a[ least thirty (30) days prior [o [he effective date of the proposed change and must obtain advance written approval from the c�ry. Formatted: Indent: Left: 1.45" Deleted: 1 Deleted: Compressed �e�eted: c Deleted: C Deleted: or Deleted: . All diesel powered vehicles used by Contractor shall be subject to current low sulfur fuel standards, 2007 federal emission standazds, and Section 2.126 related to biodiesel fuel use. D212ted: Back-up vehicles shall be presentable, in safe working order and shall be subject to all other conditions of this Section. DEI2t2d: All vehicles regularly-used by the Contractor shall be no more than [en (10) years old and shall be equipped with paRicula[e haps, except that during 2011 and 2012 only, up to 30 % of these vehicles may be over ten ( l0) years old. The Conhactor shall replace the e�cisting fleet with new vehicles during 2012 and 2013, and stazting January 1, 2014, all vehicles shall meet model year 2010 or later model yeaz emissions standards. Back-up vehicles used fewer than thirty (30) operating days per calendaz year shatl not be subject to the age and emission standards that apply to regulazly-used vehicles, but shall be presentable, in safe working order and shall be subject to all other conditions of [his Section. D2leted: The accumulated annual use by operating day of each individual back- up vehicle used by the Contractor shall be reported in the Contractor's monthly report. City of Federal Way 19 September 2011 Solid Waste Collection Contract All collection equipment shall have appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with current statutes, rules and regulations. Equipment shall be maintained in good condition at all times. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition satisfactory to the City. The Contractor shall maintain collection vehicles to ensure that no liquid wastes (such as Garbage or Compostables leachate) or oils (lubricating, hydraulic or fuel) are discharged to Customer premises or City streets. Any equipment not meeting these standards shall not be used within the City until repairs are made. All liquid spills will be immediately cleaned to the City's and Customer's satisfaction. Unremediated spills and failure to repair vehicle leaks shall be subject to performance fees as provided in Section 4.1. All collection vehicles shall be labeled with signs on both the front and driver's side door and the rear of the vehicle which clearly indicate the vehicle inventory number. The Customer service telephone number shall be labeled on the side of the vehicle. Signs shall use lettering not less than four (4) inches high and shall be clearly visible from a minimum distance of twenty (20) feet. Signs, sign locations and the telephone number shall be subject to approval by the City. No advertising shall be allowed on Contractor vehicles other than the Contractor's name, logo and Customer service telephone number and website address. Special promotional messages may be permitted, upon the City's prior written approval. In addition, any vehicle regularly used in the City shall include a placard clearly visible at the rear of the vehicle. This placard will show, in lettering at least 12" high, an abbreviated truck designation number limited to two d�its specific to Federal Way, for example FW-1, FW-2, or WM-OI 02�_etc., limited to a two digit numeral to aid in rapid identification of vehicles to allow more precise reporting and correction of any unsatisfactory condition related to specific vehicles. All Contractor route, service and supervisory vehicles shall be equipped with properly licensed two-way communication equipment. The Contractor shall maintain a base station or have communication equipment capable of reaching all collection areas. 2.L15 Container Requirements and Ownership The Contractor shall procure and maintain a sufficient quantity of Containers to service the City's Customer base, including seasonal and economic variations in Container demand. Failure to have a Container available when required by a Customer shall subject the Contractor to performance fees, as provided in Section 4.1. Customers may elect to own or secure Containers from other sources, and shall not be subject to discrimination by the Contractor in collection City of Federal Way 20 September 2011 Solid Waste Collection Contract services on that account. However, Containers owned or secured by Customers must be capable of being serviced safely by the Contractor's collection vehicles to be eligible for collection. The Contractor shall provide labels and collection service for compatible Customer-owned Containers. The Contractor is not required to service Customer Containers that are not compatible with the Contractor's equipment. In the event of a dispute as to whether a particular Container is compatible, the City shall make a final determination. 2.1.15.1 Micro-Cans, Mini-Cans and Garbage Cans Any Customer may elect to use Customer-owned Garbage Cans or Contractor-owned Micro-Cans, Mini-Cans or Carts for Garbage collection service. In all cases, Customers will be directed to have at least one rigid Container as their primary Garbage Container. Plastic bags may be used for overflow volumes of Garbage, but not as a Customer's primary Container. If a Customer uses their own Garbage Can, Contractor crews shall be expected to handle the Container in such a way as to minimize undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to Customer-owned Containers, wear and tear excepted. Manv existing Customers were provided with Mini-Cans which will contiinue to be used and then be replaced upon request or when worn out with a twentv-gallon Garbage Cart which shall be the default container provided to Customers who request the "Mini-Can" level of service. Exce�tions to provide Mini-Cans are allowed in cases where a Garbage Cart does not meet a Customer's requirements. 2.1.15.2 Garbage, Recyclables and Compostables Carts The Contractor shall provide Micro-Cans, Mini-Cans, and 35-, 64- and 96-gallon Garbage Carts for the respective level of Garbage collection; 35-, 64- or 96-gallon Recyclables Carts; and 35, 64- and 96-gallon Compostables Carts. Ali Carts shall be manufactured from a minimum of 10 percent (10%) post- consumer recycled plastic, with a lid that will accommodate a Contractor affixed instructional label. Carts shall be provided to requesting Customers within seven (7) days of the Customer's initial request. Failure to do so will result in City of Federal Way 21 September 2011 Solid Waste Collection Contract performance fees as provided in Section 4.1. All wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a cart inventory. All Carts must have materials preparation instructions and telephone and website contact information that visually depicts allowed and prohibited materials suitable for the designated Cart either screened or printed on a sticker affixed to the lid. All Contractor-owned wheeled carts shall: be maintained by the Contractor in good condition to allow material storage, handling, and collection; contain no jagged edges or holes; be equipped with functional wheels or rollers for movement; and be equipped with an anti-skid device or sufficient surface area on the bottom of the Container to prevent unwanted movement. The carts shall be labeled with instructions for proper use, including any Customer actions that would void manufacture warranties (such as placement of hot ashes in the Container causing the Container to melt or burn). Contractor personnel shall note any damaged hinges, holes, poorly functioning wheels and other similar repair needs on Contractor-owned carts (including those for Garbage, Recycling and Compostables) and forward repair notices to the Contractor's service personnel. Cart repairs shall then be made within seven (7) days at the Contractor's expense. Any Cart that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public shall be replaced no later than seven (7) business days after notice from the Customer or City. Replacement Carts may be new or used and reconditioned, and all Carts shall be clean and appear presentable when delivered. Unusable carts shall be retrieved by Contractor, cleaned (if necessary) and recycled to the extent possible. In the event that a particular Customer repeatedly damages a Cart or requests more than one replacement Cart during the term of the Contract due solely to that Customer's negligence or intentional misuse, the Contractor shall forward in writing the Customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may discontinue service to that Customer, on the City's prior approval and/or may charge the Customer a City-approved Cart destruction fee no greater than half of the current new Cart replacement cost. City of Federal Way 22 September 2011 Solid Waste Collection Contract 2.1.15.3 Detachable and Drop-Box Containers The Contractor shall furnish, deliver, and properly locate 1-, 1.5-, 2-, 3-, 4-, 6- and 8-cubic yard Detachable Containers, and 10-, 20-, 30- or 40-cubic yard uncompacted Drop-Box Containers to any Customer who requires their use for storage and collection of Garbage, Recyclables or Compostables within three (3) days of the request. Containers shall be located on the premises in a manner satisfactory to the Customer and for collection by the Contractor. Containers shall not be placed by Contractor, or kept for use by Customer, in any City Public Street. Any Container located in any City Public Street at any time is at the Contractor's risk and not the City's. Any Container located in City Public Right of Way is in violation of this section, and shall immediately be removed upon request by the City. Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers, which covers shall be closed by Contractor after every service; have four (4) wheels for Containers 2-cubic yards and under; be in good condition for Garbage, Recyclables or Compostables storage and handling; and, have no leaks, jagged edges or holes. Drop-Box Containers shall be all-metal, and if requested by a Customer, equipped with a tight-fitting screened or solid cover operated by a functional winch system that is maintained in good repair. Each type of Detachable Container (i.e. Recyclables, Compostables or Garbage) shall be painted a color consistent with the program it is used for, subject to the requirements of Section 2.1.15.6, with color changes subject to the City's prior written approval. Containers shall be repainted as needed, or upon notification from the City. Detachable Containers shall be cleaned, reconditioned and repainted (if necessary) before being initially supplied, or returned after repair or reconditioning, to any Customer. 'The Contractor shall provide an on-call Container cleaning service to Customers. The costs of on-call cleaning shall be billed directly to the Customer in accordance with Attachment B. Containers on Customers' premises are at the Contractor's risk and not the City's. The Contractor shall repair or replace within twenty-four (24) hours any Container that was supplied by the Contractor if the Ciry or a Health Department inspector determines that the Container fails to comply with reasonable City of Federal Way 23 September 2011 Solid Waste Collection Contract standards or in any way constitutes or contributes to a health or safety hazard. Customers may elect to own, or self-provide, Containers from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account. However, any Containers owned or self-provided by Customers must be compatible with Contractor's standard front load or Drop-Box Container collection vehicles. The Contractor is not required to empty or service Customer Containers that present a safety hazard or that are not compatible with the Contractor's equipment. In the event that a particular Customer repeatedly damages a Container due to that Customer's negligence or intentional misuse, the Contractor shall forward in writing the Customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractar may discontinue service to that Customer, on the City's prior approval. 2.1.15.4 Recycling Carts The Contractor shall provide Recycling Carts to new Customers within the City Service Area, including new Residences and annexation areas, as well as replacement Carts to existing Customers who request them because of loss, theft or damage. Carts shall be provided within seven (7) days of a Customer request. All distributed Recycling Carts shall include information materials describing material preparation and collection requirements. Any materials published by the Contractor must be reviewed and approved by the City prior to printing and distribution by the Contractor. All Recycling Carts shall be labeled with materials preparation instructions that visually depict allowed and prohibited materials suitable for the designated Cart either screened or printed on a sticker affixed to the lid, along with telephone and website contact information. All Recycling Carts shall be provided at the Contractor's sole expense. The Contractor shall provide 35- or 64-gallon Recycling Carts on request to those residents requiring less capacity than provided by the default 96-gallon Recycling Cart. City of Federal Way 24 September 2011 Solid Waste Collection Contract In the event that a Customer intentionally damages or misuses their Recycling Cart, the Contractor may discontinue recycling service to that Customer, on the City's prior approval and/or may charge the Customer a City-approved Cart destruction fee no greater than half of the current new Cart replacement cost. 2.1.15.5 Ownership On the termination of this Contract for any reason, all Contractor-supplied Garbage Carts, Recycling Carts and Compostables Carts purchased or obtained by the Contractor in performance of this contract, shall, at the option of the City, revert to City ownership without further compensation to the Contractor. Upon written notice, the City may elect to assign this ownership option to a third party. Detachable Containers and Drop-Box Containers shall be purchased, delivered and maintained by the Contractor during the term of this Contract. On the termination of this Contract for any reason, the City may, at its option, purchase or assign the right to purchase the Contractor's in-place inventory of Detachable Containers or Drop-Box Containers for use by the successive contractor. In the event that Contractor's Containers are purchased or assigned, the sale price shall equal fifty percent (50%) of the average new price for each Container, based on the average price from three (3) manufacturers at the time of the termination. For the purposes of this transaction, the average prices shall include transportation from the manufacturer to the Contractor's closest service yard, but shall exclude sales or use ta�ces. 2.1.15.6 Container Colors and Labeling New and replacement Contractor-provided Recycling Carts shall be blue, Compostables Carts shall be grey, and Garbage Carts shall be green. Detachable Containers used for Garbage shall be green and all Detachable Containers used for Recyclables shall be blue starting June 1, 2010 for Multi- Family Customers and August 31, 2010 for all Commercial Customers. The City may direct changes to cart colors at any time prior to the Contractor ordering initial or replacement carts provided the new direction from the City does not require replacement of existing inventaries and the cost per unit does not increase to City of Federal Way 25 September 2011 Solid Waste Coilection Contract the Contractor. Specific Container colors shall be approved by the City prior to the Contractor's order of new Containers. 2.1.15.7 2.1.16 Spillage All Containers shall be labeled with up-to-date instructional� information and contact information prior to delivery, including both a customer service phone number and a website address. All label designs shall be approved by the City prior to ordering by the Contractor. The generic__location of �abel�s� on the Containers shall be subject to the City's prior approval. Labels shall be replaced by the Contractor at no additional charge when faded, damaged, out-of-date, or upon City or Customer request._ The City and Cont ractor m� a�ree in w ritin� to altern re labelin��roce dures __to �rovide b etter customer information and take advanta�es of_ im�rovements in labeling technolog and equi�ment, Container Weights Micro-Cans shall not exceed twenty 20 pounds, Mini-Cans and 20-gallon Garbage Carts shall not exceed forty 40 pounds and Garbage Cans shall not exceed sixty (60) pounds in weight. Cart weights shall not exceed sixty (60) pounds for the 35- gallon size, one hundred-twenty (120) pounds for the 64-gallon size and one hundred-eighty (180) pounds for the 96-gallon size. No specific weight restrictions are provided for Detachable Containers, however, the Contractor shall not be required to lift or remove materials from a Detachable Container exceeding the safe working capacity of the collection vehicle. The combined weight of Drop-Box and contents must not cause the collection vehicle to exceed legal road weights. All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers and tippers on all collection vehicles shall be operated so as to prevent any blowing or spillage of materials. Any blowing or spillage of materials either caused by Contractor or that occurs during collection shall be immediately cleaned up by the Contractor at Contractor's expense. Prior to any collection vehicle leaving a collection route and/or operating on any roads with a speed limit higher than 25 miles per hour, Contractor shall completely close any collection vehicle openings where materials may blow out, and thoroughly inspect for and contain any collected materials inadvertently spilled on top of the collection vehicle to prevent release or Formatted: Indent: Left: 2.25" Deleted: the City of Federal Way 26 September 2011 Solid Waste Collection Contract littering this material. Spillage not immediately cleaned up shall be cause for performance fees, as described in Section 4.1. All vehicles used in the performance of this Contract shall be required to carry regularly-maintained and fully-functional spill kits. At a minimum, spill kits shall include absorbent pads or granules, containment booms, storm drain covers, sweepers and other similar materials sufficient to contain, control and, for minor events, appropriately clean-up any spillage or release of wind-blown materials, litter, or leaks of Contractor vehide fluids or leachate. Spill kits shall also include employee spill containment instructions and procedures as well as a regularly updated list of emergency contacts. The Contractor shall develop spill response procedures for review and approval by the City before initiating any work under this Contract. Prior to operating any vehicle in the City, all Contractor vehicle drivers shall be provided with hands-on training on the location, maintenance, and use of spill kits and associated containment and notification procedures. Such training shall be provided to all vehicle drivers at least annually. All Drop-Box loads (both open and compactor) shall be properly and thoroughly covered or tarped to prevent any spillage of material prior to Contractor vehicle entering any Private Road or Public Street. 2.1.17 Pilot Programs The City may wish to test and/or implement one or more changes to waste stream segregation, materials processing or collection technology, promotion of services, or collection frequency at some point during the term of the Contract. The City shall notify the Contractor in writing at least ninety (90) days in advance of its intention to implement a pilot program or of its intentions to utilize a new technology system on a City-wide basis. The costs (or savings) accrued by any City-initiated pilot programs shall be negotiated prior to City-wide implementation. The Contractor shall coordinate with the City and participate fully in the design, roll-out, operation and troubleshooting of such pilot programs. Contractor-initiated pilot programs shall require prior written notification and approval by the City. Contractor-initiated pilot programs shall be performed at no additional cost to the City or the Contractor's Customers; however, savings accrued may be subject to negotiations prior to City-wide impiementation at the City's request. Contractar-initiated surveys are allowed of businesses and/or Residences to gather information about generic service preferences or to access pilot program options or outcomes, provided that all related data and analysis is shared with the City. City of Federal Way 27 September 2011 Solid Waste Collection Contract 2.1.18 Disruption Due to Construction The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City may direct, which may have the effect for a time of preventing the Contractor from traveling the accustomed route or routes for collection. However, the Contractor shall, by the most expedient manner, continue to collect Garbage, Recyclables and Compostables to the same extent as though no interference existed upon the streets or alleys normally traversed. This collection shall be done at no extra expense to the City or the Contractor's Customers. 2.1.19 Contractor Planning Assistance The Contractor shall, upon request and without additional cost, make available site planning assistance to either the City and/or property owners or their representatives. The site planning assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Area, and shall address the design and planning of Garbage, Recydables and Compostables removal areas and their location upon the site of the proposed construction or remodeling project. Contractor planning assistance for optimizing loading docks, enclosures, compactor equipment, and other similar structures or areas shall also be available for existing Customers when adjusting Garbage, Recyclables and Compostables services. Contractor planning assistance shall be provided within two working days. 2.1.20 Safeguarding Public and Private Facilities The Contractor shall be obligated to protect all public and private improvements, facilities and utilities whether located on public or private property, including street Curbs. If such improvements, facilities, utilities or Curbs are damaged and such damage is primarily attributable to the Contractor's operations, the Contractor shall notify the City immediately in writing of all damage, and the Contractor shall repair or replace the same. If the Contractor fails to do so promptly, as determined by the City, the City shall cause repairs or replacement to be made, and the cost of doing so shall be billed to and become the responsibility of the Contractor. 2.1.21 Company Name The Contractor shall not use a firm name containing any words implying municipal ownership without prior written permission from the City. City of Federal Way 28 September 2011 Solid Waste Collection Contract 2.1.22 Transition and Implementation of Contract The Contractor shall work with the City to design and distribute promotional materials to Customers throughout the City. This information is designed to provide information about the City's programs (and any service changes) and to inspire interest from the community in actively participating in the programs. The Contractor shall, at its expense, provide the following: (1) Single Family Residential Customers. a. By February 15, 2010 the Contractor shall mail a letter and a brochure describing the City's services and new rates to all Residential Customers in the City. Specific emphasis shall be placed on the City's Compostables collection program. This brochure shall also include waste reduction information and alternatives for hard-to-recycle materials. (2) Commercial Customers. a. By March 30, 2010 the Contractor shall have visited all Commercial Customers in the City to provide information on the City's new commercial recycling program and to audit current and potential service levels. Auditors shall provide information on the City's new "no-charge" single stream cart-based recycling program and cost savings associated with the program. Food waste composting, larger commercial recycling Container and CFL recycling options shall also be discussed during these visits. b. All participating Commercial Customers shall be provided with brochures and posters about proper recycling techniques. c. By March 30, 2010 the Contractor shall have delivered properly labeled blue Recycling Carts to all Commercial Customers interested in single stream recycling. The Contractor shall then provide the City with a complete list of businesses and addresses visited, noting which ones received Recycling Carts and/or Recycling Detachable Containers as a result of the Contractor's visit. d. By August 31, 2010 all green Recycling Carts and Recycling Detachable Containers shall be replaced with blue Recycling Carts or Recycling Detachable Containers. e. In accordance with Section 2.3.5., before the last day of January each year, the Contractor shall provide the City with a complete listing in an approved electronic format of all Commercial City of Federal Way 29 September 2011 Solid Waste Collection Contract Customers and Multi-Family Complex Customers, including business name, contact name, address, Garbage and recycling service volume and frequency and any other pertinent information that may assist the City in targeting additional City- initiated outreach. (3) Multi-Family Customers. a. Site Visits. By April 30, 2010, the Contractor shall have visited each Multi-Family Complex in the City. Additionally, the Contractor shall work with the City to ensure communication with each complex by April 30` of each year of the contract. This might be through a mailing or on-site visit, with up to 10% of complexes provided with on-site visits each year. The Contractor shall provide information about the City's recycling programs and shall work to obtain/distribute contact information for ongoing/follow-up visits. During these site visits, the Contractor shall: Audit service levels and provide information on potential cost savings associated with increased recycling. ii. Ensure that all Recycling and Garbage Carts and Detachable Containers are labeled correctly. iii. Arrange for the replacement of any green Recycling Carts or Detachable Containers with blue Recycling Carts or Detachable Containers by May 30, 2010. iv. Provide recycling related posters and brochures for Multi-Family Complexes. v. Update or establish contact information for ongoing communication. vi. Provide the City with a report of the outcomes from these site visits. Recycling Champions. Contractor shall work with property managers at Multi-Family Complexes across the City to identify recycling "champions" in multi-family buildings to monitor recyciing and waste collection activities, provide ongoing education to tenants, and communicate with the property manager about any key issues. Contractor shall coordinate with City staff and consultants to provide the technical support, materials, and resources they need to create and maintain successful recycling programs in their buildings. City of Federal Way 30 September 2011 Solid Waste Collection Contract c. Public Education. By March l, 2010, WM shall develop specific public education materials for Multi-Family Complexes. This information shall be delivered during site audits and mailed to managers, as appropriate. (4) City Wide. At a date in April 2010 to be determined by the Contractor and the City, Contractor shall organize and implement a City-wide `Block Party" to highlight to the City's programs. Publicity shall include a mailer, advertising in the Federal Way Mirror, and promotion in WM invoices and on the wmnorthwest.com website. (5) Other. a. Additional staffing shall be provided for Contractor Customer service lines to accommodate Customer questions, Residential service level shifting requests, and Commercial Customer Container orders during the transition period. b. The Contractor shall implement and provide the City with the new Commercial Recycling fee schedule (for Customers subscribing to service volume above two Recycling Carts) to conform to the Fee Cap specified in Section 2.2.7 by March 1, 2010. c. By March 1 2010, the Contractor shall provide a detailed analysis of current level of compliance with "Evergreen Fleets" and current fleet equipment age, condition, fuel type, and emissions control compliance to allow the City to assess and track Contractor progress toward achieving equipment requirements as specified in Section 2.1.14 and 2.1.26. d. Provide for City review the initial draft Annual Service Updates in accordance with Section 2.3.5 before September 1, 2010. The above dates may be shifted earlier upon permission of the City, provided that Customers receive new Containers in a way to minimize confusion. All Container decals, cart imprints and materials provided by the Contractor to Customers shall be reviewed and approved by the City in advance of production or distribution. City of Federal Way 31 September 2011 Solid Waste Collection Contract 2.1.23 Ongoing Coordination with City and Performance Review The Contractor's supervisory staff shall be available to meet with the City at the City's offices on request as well as on a monthly schedule to discuss and resolve operational and Contract issues. The City may, at its option, conduct periodic performance reviews of the Contractor's performance under this Contract. The City may perform the review to confirm various aspects of the Contractor's operations and compliance with this Contract. City staff or contracted consultants may provide the review at the City's direction. The Contractor shall fully cooperate and assist with all aspects of the performance review, including access to Contractor's route and Customer service data, billing information, safety records, equipment, facilities and other applicable items. The City's scope of review under this provision is intended to focus on analysis of the Contractor's performance and Contract compliance. The results of the performance review shall be presented to the Contractor and a plan for addressing any deficiencies shall be provided to the City within two (2) weeks of the Contractar's receipt of the review. The Contractor shall analyze and correct in good faith any deficiencies found in its performance under this Contract, including broader implementation of corrections that extend beyond the limited data or scope of a performance review to bring Contractor into more complete Contract comp(iance. The Contractor's conective plan shall address all identified deficiencies and include a timeline for corrective actions. The Contractor's corrective plan shall be subject to review and approval by the City. Upon approval of the plan, the Contractor shall implement and sustain actions that correct deficiencies. Failure to complete correction of deficiencies as outlined in the plan and/or failure to initiate good faith corrective actions within thiriy (30) days shall constitute a failure to perform subject to performance fees as defined in 4.1. Further, the City, at its sole option, may then provide the Contractor with six (6) months notice of contract termination. The Contractor shall continually monitor and evaluate all operations to ensure compliance with this Contract. At the request of the City, the Contractor shall report its own findings from internal monthly performance measures for collection, customer service and maintenance functions. The City shall determine which of the Contractor internal performance management measures are relevant to addressing any particular deficiencies and the Contractor shall continue to report those measures until notified in writing by the City. In addition, Contractor personnel involved in the collection of Compostables and/or Recyclables shall be required to attend a minimum of two (2) trainings per year to allow City and Contractor representatives to City of Federal Way 32 September 2011 Solid Waste Collection Contract present highlights of promotional and service initiatives, while providing personnel an opportunity to offer feedback or suggest improvements based on their own observations. 2.1.24 Disposal Restrictions and Requirements All Garbage collected under this Contract, as well as residues from processing Recyclables and Compostables, shall be delivered to the King County Disposal System, unless otherwise directed in writing by the City. Garbage containing obvious amounts of Yard Debris shall not knowingly be collected and instead prominently tagged with a notice informing the Customer that King County does not accept Yard Debris mixed with Garbage for collection. Contractor's knowing collection of Garbage mixed with visible Yard Debris shall be grounds far performance fees as provided in Section 4.1. The Contractor shall not be required to collect hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer shall remain responsible for all costs associated with handling and disposal of hazardous materials inadvertently collected by Contractor. Garbage collected by the Contractor may be processed to recover Recyclables, provided that the residual is disposed in accordance with the City's Interlocal Agreement with King County. In the event the Contractor elects to haul Garbage to a private processing facility, the Contractor shall charge the Customer no more than the equivalent Garbage disposal fee at a King County Disposal System transfer station and shall charge hauling fees no higher than provided for in Attachment B. 2.1.25 Direct Payment of Disposal Fees by City Upon 180 days written notice, the City may elect to pay disposal �ees �eietea: a��e�ti -� directly to King County. If the City elects to pay disposal fees directly, the Contractor shall: (1) Ensure that Garbage routes serving City Customers handle only City Garbage and not Garbage from Customers in other jurisdictions; (2) Properly train and supervise its collection crews to properly use City disposal cards at County facilities, and to reconcile loads delivered by Contractor's crews with the disposal invoice provided by King County City of Federal Way 33 September 2011 Solid Waste Collection Contract (3) Track and report disposal quantities by route and average Container weights by Container size each month; 2.1.26 (4) Formalize a separate biiling agent addendum to this Contract which details the financial and legal relationship between the Contractor (billing agent) and the City (client), including how receivables are handled and how the City handles disbursement to the Contractor and the County; (5) Reduce its overall compensation by: (a) the amount of the disposal fee plus 1.5% (excise tax), based on the unit weights listed in the then current Attachment B of this Contract and (b) an overall reduction in current service component fees initially equal to $275,0000 and adjusted annually in accordance with Section 3.1 of this Contract; and (6) Participate in a City funded and managed Container weight study to be conducted no more than once every three years of the Contract, the results of which will be used to update the disposal fee components listed in Attachment B of this Contract. If the City elects to pay disposal directly, the City shall release the Contractor from financial responsibility for disposal payments for City Garbage, provided that the Garbage has been collected only from applicable City Customers in accordance with this Contract. Alternative Fuels: Biodiesel and�Vatural Gas (,�TG) The Contractor shall use �% sustainable-rated biodiesel fuel in its diesel vehicles used in the performance of this Contract. � The Contractor may request permission from the City to temporarily or permanently discontinue biodiesel use if the Contractor is unable to reasonably obtain biodiesel or has continued unresolvable operating problems directly related to the use of biodiesel. The City shall consider the request, provide its own investigations and provide a response to the Contractor within thirty (30) days of receiving the Contractor's request. The Contractor shall maintain all vehicles used in Federal Way in a manner intended to achieve reduced emissions and particulates, noise levels, operating costs, and fuel use. By December 31, 2013, the Contractor's entire fleet used in Federal Way shall meet certification criteria established via the Puget Sound Clean Air Agency Evergreen Fleets Program. Contractor__shall _�rovide documentation _of_ this__certi_fication__annual�_ , Natural Gas �iG) vehicles shall replace diesel vehicles to the extent practicaL Deleted: Compressed Deleted: C Deleted: 20 Deleted: The percentage requirement may be met ei[her by using a 20% blend fuel in all diesel vehicles during Mazch- October and 5% during November- Febmary, or using a higher percentage in specific vehicles to achieve [he same result. DEleted: Compressed Deleted: C City of Federal Way 34 September ZO11 Solid Waste Collection Contract Upon request, the Contractar shall provide documentation and/or provide access for verification that its fleet meets the requirements of this section. 2.1.27 Violation of Ordinance The Contractor shall report in writing immediately to the City any observed violation of the City's ordinances providing for and regulating the Containerization, collection, removal and disposal of Garbage, Recyclables and Compostables. 2.2 Collection Services 2.2.1 Single-Family Residence Garbage Collection 2.2.1.1 Subject Materials The Contractor shall collect all Garbage placed Curbside for disposal by Single-Family Residence Customers in and adjacent to Micro-Cans, Mini-Cans, Garbage Cans or plastic bags (for Extra Units) and/or Contractor-owned Garbage Carts. The Contractor shall offer carry-out service to disabled Customers at no charge (per Section 2.1.6) and to all other Customers for the appropriate service level rate, plus the carry- out surcharge, in accordance with Attachment B. If a Customer is either eligible for, or subscribes to, carry-out service, carry- out service shall be provided for all three collection streams (Garbage, Recyclables, and/or Compostables) without duplicate surcharges. 2.2.1.2 Collection Containers The Customer's primary Container must be a Micro-Can, Mini- Can, Garbage Can or Garbage Cart. Plastic bags may only be used for Extra Units, not as the Customer's primary Container. Micro-Can, Mini-Can and Cart rental fees shall be embedded in the respective rate charged for the level of service and not separately charged or itemized. Micro-Cans, Mini-Cans and Garbage Carts shall be delivered by the Contractor to Single-Family Residence Customers within seven (7) days of the Customer's initial request. 2.2.1.3 Specific Collection Requirements The Contractor shall offer regular weekly collection of the following service levels: City of Federal Way 35 September 2011 Solid Waste Collection Contract �l�One 10-�allon_Micro Can �2ZO 20-�a llon Garb or Mini__Can; �One 32 Can (4) One 35-gallon Garbage Cart; �5_�o_32 Garba�e Cans_or a 64-�allon_Garba�e Cart� and �6�Three 32-gallon Garbage Cans_or_a 96-Qallon Garbage Cart. Pormatted: Bullets and Numbering Formatted: Indent: Left: 0.5" �On request, the Contractor shall also offer Customers monthly D212tEd: <#>One 10-gallon Micro- collection of one 32-gallon Garbage Can with no putrescible ��'°¶ <#>One 20-gallon Mini-Can or Gazbage wastes, at a rate equal to the weekly Micro-Can service level. c� Customers subscribing at this service level will continue to <#>One 35-gallon Garbage Cart <#>One 64-galbn Gazbage Cart; and¶ receive regularly scheduled Curbside recycling service. <#>o„e 96- �t�e c�.q Carry-out charges shall be assessed only to those Customers who choose to have the Contractor move Containers to reach the collection vehicle at its nearest point of access. An Extra Unit charge may be assessed for materials loaded so as to lift a Cart lid in excess of six (6) inches from the normally closed position. The Contractor may charge for an overweight Container at the Extra Unit rate, provided that the Customer agrees in advance to pay for the Extra Unit rate, otherwise, the Container shall be left at the Curb with Customer notification as to why it was not collected. The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Unit fees. All Extra Units from Customers with a history of disputed charges shall be documented with a date and time stamped photograph. Customers shall be allowed to specify that no Extra Units be collected without prior Customer notification, which shall be provided by the Customer no less than twenty-four (24) hours prior to that Customer's regular collection. Collections shall be made from Single-Family Residences on a regular schedule on the same day and as close to a consistent time as possible. Customers shall place Containers on or abutting Public Streets or Private Roads. The Contractor may tag inappropriately placed Containers and may discontinue service in the event of persistent inappropriate Container placement. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers, in an upright position, with lids closed and attached, to their set out location and will not place Containers on streets, sidewalks, public pathways, or in places that block vehicle access to any driveways, mailboxes, or similar structures. City of Federal Way 36 September 2011 Solid Waste Collection Contract 2.2.2 Single-Family Residence Recyclables Collection 2.2.2.1 Subject Materials The defined list of Recyclables shall be collected from all participating Single-Family Residences as part of basic Garbage collection services, without extra charge. The Contractor shall collect all Recyclables from Single-Family Residences that are placed in Contractor owned Carts or are boxed or placed in a paper bag next to the Customers' Recycling Cart. Recyclables must be prepared as follows and uncontaminated with food or other residues: Aluminum Cans: All aluminum cans that are placed in the Recycling Cart. Corrugated Cardboard: All corrugated cardboard boxes smaller than three (3) feet square, and placed in or next to the Customer's Recycling Cart. Corrugated cardboard boxes larger than three (3) feet square must be flattened by Customer prior to collection. Glass Containers: All colored or clear jars and bottles that are rinsed and have lids removed. Fluorescent and incandescent light bulbs, ceramics and window glass are excluded. Mixed Paper: All Mixed Paper. Motor Oil: Up to three gallons of motor oil that is free from contaminants and placed in screw-top plastic jugs, labeled with the Customer's address and placed next to the Customer's Recycling Cart. Newspaper: All newspaper and advertising supplements that are delivered with newspapers. Plastic Containers: Polycoated Cartons and Boxes All plastic bottles, jugs and tubs. Other plastics, automotive or other hazardous product Containers, and lids are excluded. All plastic coated cartons and boxes that are flattened. City of Federal Way 37 September 2011 Solid Waste Collection Contract Scrap Metal: All ferrous and non-ferrous Scrap Metal that is free of wood, plastic, rubber and other contaminants; and meets the size requirements defined for Scrap Metals. Scrap Metal shall include small appliances provided they meet the size requirements. Tin Cans: All food and beverage tin cans with labels removed. 2.2.2.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining adequate inventories of, and distributing and maintaining Recycling Carts. The default Recycling Cart size shall be 96-gallons for new Customers, provided that the Contractor shall offer and provide 32/35- or 64-gallon Recycling Carts on request to those Customers requiring either less or additional capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall include a recycling/program brochure when distributed. Recycling Carts shall be delivered by the Contractor to new Customers or those Customers requesting replacements, within seven (7) days of the Customer's initial request. 2.2.2.3 Specific Collection Requirements Single-Family Residence Recyclables collection shall occur every-other-week on the same day as each household's Garbage and Compostables collection. Single-Family Residence Recyclables collection shall occur during the hours and days specified in Section 21.4. Collections shall be made from Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers with their lids closed and attached to their set out location in an orderly manner. The Contractor shall collect all properly prepared Single- Family Residence Recyclables from Garbage Customers. No limits shall be placed on set-out volumes, except in the case City of Federal Way 38 September 2011 Solid Waste Collection Contract when extremely large quantities of commercially-generated materials are consistently set out at a Single-Family Residence. In this case, the Contractor shall request the resident to use a larger Recycling Cart or use commercial recycling services for the excess volumes. If the resident continues to set out commercial quantities of Recyclables, the Contractor shall notify the City for further action. In the event that large quantities of Residentially-generated cardboard (e.g. moving boxes) are set out for collection, the Contractor may collect the excess materials the following day in a separate truck, provided that clear written notification of the collection delay is provided to the Customer. The Contractor shall collect properly packaged used motor oil from Single-Family Residential Customers. The Contractor may refuse to collect used motor oil from any Customer for any one of the following reasons: 1) the oil was not packaged in a leak proof, plastic jug or bottle, securely sealed with a screw- cap; 2) the packaged oil contained substances other than used motor oil; 3) the packaged oil leaks in any way 4) the Container is not properly labeled with the Customer's name and address; or 5) there is spillage at the Customer location which is not caused by the Contractor's employees. Should the Contractor reject used motor oil for any of these reasons, a tag outlining the reason for rejection shall be left with the oil. The City and Contractor shall cooperate on monitoring the quality of Recyclables set out for collection. Either party may inspect or sample set-out or collected Recyclables. Any deficiencies in Recyclables quality observed by City or Contractor's staff shall require educational follow-up by the Contractor to encourage maximum quality and marketability. Educational follow-up shall range from a minimum of a notice ticket or "oops tag" to involvement of management staff from either the City or Contractor as appropriate. The Contractor shall provide on-call collection to up to twenty (20) Residences each month. This service is intended to address Customers who move in or move out of their Residence during on off week and have excessive amounts of Recyclables which require immediate collection during their "off week." The Contractor shall notify the City of a request (unless the City initiates the request) and shall include the dates and addresses of all Customers receiving this service in the Contractor's monthly report. City of Federal Way 39 September 20ll Solid Waste Collection Contract 2.2.3 Compostables Collection 2.2.3.1 Subject Materials Compostables shall be collected each collection cycle on a subscription basis from all participating Single-Family Residences. Contaminated or oversized Compostables materials rejected by the Contractor at the Curb shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. 2.2.3.2 Containers A 96-gallon Compostables Cart shall be provided to all Compostables collection subscribers. The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts. Compostables Carts shall be labeled with ins.tructional information, in accordance with Section 2.115.6. The default Compostables Cart size shall be 96-gallons, with 32/35- and 64-gallon sizes available upon request. Extra Yard Debris material that does not fit in the initial Compostables Cart shall be bundled or placed in Kraft bags or Customer-owned Garbage Cans labeled for Yard Debris. Customers choosing to use their own Containers for excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the Container's contents as Yard Debris. Compostables Carts shall be delivered by the Contractor to Customers within seven (7) days of the Customer's initial request. Redelivery fees shall be charged only to those Residential Customers that cancel and then restart Compostables Cart collection service within seven months of cancellation. In order for this fee to be applicable, Contractor must notify each Customer at the time they request service cancellation. The Contractor may charge a ten dollar ($10.00) Compostables Cart cleaning and deodorizing fee, per occurrence, for each Compostables Cart cleaned and redelivered to existing Compostables collection subscribers upon their request. City of Federal Way 40 September 2011 Solid Waste Collection Contract 2.2.3.3 2.2.3.4 Specific Collection Requirements The Contractor__ shall colle C on the same scheduled service day as Garbage collection w th�ear from all Single Familx_ Residences who _subscribe_ to Com�ostables service_,Compostables in excess of 96 gallons may be charged as Compostables Extra Units in 96 gallon increments in accordance with Attachment B. Unflocked, undecorated, natural holiday trees (Christmas Trees) will be collected at no additional cost on the first full week of scheduled Compostable materials collection each year from all single family and multi-family Residences in the City. The Contractor shall collect on Public Streets and Private Roads, in the same location as Garbage collection is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers in an upright position, with lids attached, to their set out location and will not place Containers on streets, sidewalks, public pathways, or in places that block vehicle access to any driveways, mailboxes, or similar structures. Information detailing collection and service schedules as specified in Section 2.2.2.3 and Section 2.2.3.3 shall be included in the Annual Service Update as specified in Section 2.3.5. Food Scraps Collection The Contractor shall accept uncontaminated Food Scraps included and/or mixed with Yard Debris ("Compostables") in Yard Debris Carts for Single Family Residential Customers who subscribe to Compostables Collection service. If the City elects to provide kitchen Food Scrap Containers, the City shall arrange and separately pay for Container distribution, either through the Contractor or another source. The range of materials handled by the Food Scraps collection program may be changed from time to time upon the approval of the City to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection provided by the Contractor. 2.2.4 Single Family Bulky Waste Collection 2.2.4.1 Subject Materials Deleted: Compostable materials shall be collected weekly on Ihe same scheduled service day as Garbage collection during the months of Mazch through November, and every-other-week during the months of December, January, and February from all Single Family Residences who subscribe to Compostables service. The City and Conhactor shall coordinate scheduling of the specific service weeks during the months of December, January, and February to ma�cimize collection efficiency and convenience for residents. City of Federal Way 41 September 2011 Solid Waste Collection Contract On-call Bulky Waste collection shall be offered, and shall be provided at the rates listed in Attachment B. Collected oversized items shall be recycled by the Contractor to the extent possible. The Contractor shall maintain a separate log listing service date, materials collected, Customer charges, weights, and whether the item was recycled or disposed. This log shall be provided to the City on a monthly basis. 2.2.4.2 Specific Collection Requirements On-call collection services of bulky waste such as couches, mattresses, white goods and other oversized materials must occur during the hours and days specified in Section 2.1.4, with the exception that Saturday collection is permissible if it is more convenient for Customers. The Contractor's crews shall make collections in an orderly and quiet manner. 2.2.5 Multi-Family Complex and Commercial Customer Garbage Collection 2.2.5.] Subject Materials The Contractor shall collect all Garbage set out for disposal by Multi-Family Complex and Commercial Customers in acceptable Containers as designated in Section 2.2.5.2. 2.2.5.2 Containers The Contractor shall provide Containers meeting the standards described in Section 2.1.15. Multi-Family Complex and Commercial Customers shall be offered a full range of Containers and service options, including Garbage Carts, one (1) through six (6) cubic yard compacted and one (1) through eight (8) cubic-yard non-compacted Detachable Containers, and compacted or non-compacted Drop-Box Containers. The Contractor may also lease or sell compacted Drop-Box Containers and Drop-Box and Detachable Container Compactors to Customers outside of this Contract at rates negotiated between the Customer and the Contractor. Materials in excess of Container capacity or the subscribed service level shall be collected and properly charged as Extra Units at the rates listed in Attachment B. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units and documentation of service irregularities such as damaged or City of Federal Way 42 September 2011 Solid Waste Collection Contract blocked Containers. All Extra Units and service irregularities shall be documented with a date and time stamped photograph. The Contractor may use either or both front-load or rear-load Detachable Containers to service Multi-Family Complex and Commercial Customers. However, not all collection sites within the City Service Area may be appropriate for front-load collection due to limited maneuverability or overhead obstructions. The Contractor shall provide Containers and collection services capable of servicing all Customer sites, whether or not front-load collection is feasible at that Customer's site. Contractor-owned Containers shall be delivered by the Contractor to requesting Multi-Family Complex and Commercial Customers within three (3) days of the Customer's initial request. Customers shall properly care for Containers on the Customer's property, shall use reasonable efforts to protect such Containers from graffiti or negligent misuse, and shall not use such Containers for other than their intended purpose. 2.2.5.3 Specific Collection Requirements Commercial Garbage collection shall be made available to Multi-Family Compiex and Commercial Customers daily, Monday through Saturday, during the times specified in Section 2.1.4. Co(lection at Multi-Family sites shall be limited to the same hours as Single-Family Residence collection. Collections shall be made on a regular schedule on the same day and as close to a consistent time as possible to minimize Customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. Roll-out charges shali be assessed in ten (10) foot increments only to those Customers for whom the Contractor must move a Container over five (5) feet from an enclosure to reach the collection vehicle at its nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Garbage Can, Garbage Cart of Detachable Container lid in excess of six (6) inches from the normally closed position. Customers may request extra collections and shall pay a proportional amount (e.g. one pick-up per week rate divided by City of Federal Way 43 September 2011 Solid Waste Collection Contract 4.33 weeks per month) of their regular monthly rate for that service. 2.2.6 Multi-Family Complex Recyclables Collection 2.2.6.1 Subject Materials The Contractar shall provide adequate Container capacity and collect all Recyclables from Multi-Family Complexes that are prepared in a manner similar to that described for Single- Family Residence Recyclables in Section 2.2.2.1., with the exception of used motor oil. This embedded recycling collection shall occur at no extra charge from base Garbage collection. The Contractor will tag contaminated Containers, but will not collect the contaminated load as Garbage and not charge the resident or properiy manager a fee for contamination unless notification and correction procedures as specified by the City are completed. 2.2.6.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Carts. The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32- or 64-gallon Recycling Carts on request to those complexes requiring either less or additional capacity than provided by the standard 96- gallon Recycling Cart. Recycling Carts shall be labeled with recycling collection requirements in accordance with Section 2.1.15.6 when distributed. The City may require that combination or common-keyed locks and multiple keys be provided by Contractor at no extra charge to limit contamination of Recycling Carts or Recycling Detachable Containers. At larger Multi-Family Complexes, the Contractor may use Detachable Containers for recycling collection provided that they are completely painted blue per Section 2.115.6, clearly distinguished from Containers used for Garbage or Compostables collection and are equipped with City-approved prominent identifying and instructional labels. Upon notice, Contractor is required to equip these with Detachable Containers with special slotted recycling lids provided by the City. The Contractor may also_use_ DrD Op_Sox_Contaipers to --- --- collect Re�clables at Multi Famil� residences__There_is _no City of Federal Way 44 September 2011 Solid Waste Collection Contract re�uirement to�aint these containers blue �er Section 2.1_1_5_6_� but Drop- Containers shall_be_equip�ed with prom inent identi in�and instructional labels, Recycling Carts and Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. Multi-Family Complex Recycling Carts shall be relabeled periodically in accordance with Section 2.1.15.6. 2.2.63 Specific Collection Requirements Multi-Family Complex recycling collection shall occur weekly or more frequently, as needed, during the hours and days specified in Section 2.1.4 for Multi-Family Complex collection. Collections shall be made on a regular schedule on the same day(s) of the week to minimize Customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. After emptying Containers shall be replaced in the same location as found. Multi-Family Complex Recycling Customers shall not be charged lock, gate or roll-out fees. When space constraints limit the provision of Containers appropriately-sized for weekly collection, the Contractor shall provide more frequent collection, as necessary, of smaller Containers to provide adequate total recycling capacity for the Multi-Family Complex site. 2.2.6.4 Provision of Limited-Scale Recyclables Collection for Multi- Family Customers Upon request, Contractor shall provide clearly distinguished recycling Containers and Recyclables Collection service at no cost to individual residents and/or maintenance staff of Multi- Family Complexes in cases when recycling is not sanctioned by the property management company for the entire complex. The City will maintain the list of residents with limited-scale Recyclables Collection and coordinate service with the Contractor. The Contractor will provide collection service for the Containers on a weekly schedule at no extra charge. The resident will be responsible for ensuring the Recycling Container is clean and set-out where the Contractor can service it. The Contractor will tag contaminated Containers, but will City of Federal Way 45 September 2011 Solid Waste Collection Contract not collect the contaminated load as Garbage and not charge the resident or properiy manager a fee for contamination. 2.2.6.5 Multi-Family Recycling Outreach and Incentives The Contractor shall provide ample copies of current recycling guidelines upon request of the City or Customer. The Contractor shall assist the City in the development and implementation of an annual recycling outreach and incentive plan. The plan shall include, at a minimum, a description of planned programs, tasks assignments between the City and Contractor and support costs where appropriate. Public Education will play an important role in this process. The Contractor and the City shall work together to conduct workshops, visit with Customers, and develop and implement a high quality public education campaign. The outcomes and results of these efforts will be tracked and reported to the City by the Contractor. 2.2.7 Commercial Recycling Collection — Universal Cart-Based Recycling Collection Services, Other Commercial Services and Fee Cap Any Commercial Customer may receive up to two 96-Gallon Recycling Carts collected weekly as part of their Garbage collection service at no additional charge. Commercial Customers who require additional recycling collection service may subscribe separately with the Contractor or another service provider for that service at market rates. The Contractor shall provide those additional services at rates negotiated between the Contractor and the Commercial Customer provided that the following fee cap will apply: the combined fee for separate Garbage, Recyclables and Compostables collection services may not be any greater than the equivalent monthly Garbage fee for that same volume of material. The provision of fee-based Commercial Recycling shall comply with the service and billing standards of this Contract, but at market rates subject to the combined fee cap described above. 2.2.7.1 Subject Materials The defined list of Recyclables, with the exception of used motor oil or large amounts of Scrap Metal, shall be collected from all participating Commercial Customers as part of basic Garbage collection services, without extra charge subject to the limitations in Sections 2.2.7 and 2.2.73. City of Federal Way 46 September 2011 Solid Waste Collection Contract The Contractor shall collect all Recyclables from Commercial Customers that are prepared in a manner similar to that described for Single Family Residential Recyclables in Section 2.2.2.1. In the event of contaminated materials, the driver shall notify their dispatcher, and the dispatcher shall contact the Customer with specific instructions for Customer to prepare the rejected materials for collection service or authorization to collect the material as Garbage for the regular Garbage collection fee. Contractor shall notify the City immediately, through use of dispatch or route management staff, if repeated contamination occurs in Recyclables set out by any Commercial or Multi-Family Customer. Contractor shall notify the City immediately when any Commercial or Multi-Family Customer requests reduction or elimination of any Recyclables collection service, to afford the City the opportunity to act as a customer retention agent on behalf of the Contractor. Contractor is required to remind such Customers that City resources are available to help resolve recycling service issues. Contractor will not discontinue these services or remove Containers from Customer premises until the City has reviewed conditions and provided suggestions for retaining the Customer. 2.2.7.2 Containers Contractor-supplied Recycling Containers shall be used for collecting Commercial Recyclables. Recycling Carts and Recycling Detachable Containers shall be distinguished from Compostables or Garbage Container colors per Section 2.1.15.6 and shall include prominent identifying labels that provide directions for the preparation of the materials to be placed in the Cart or Container. At larger businesses, the Contractor may use Detachable Containers or Drop-Box Containers for Recyclables collection provided that they are distinguished from Containers used for Garbage collection and are equipped with prominent identifying labels. Contractor-owned Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. 2.2.7.3 Specific Col(ection Requirements City of Federal Way 47 September 2011 Solid Waste Coliection Contract Commercial Recyclables collection shall be offered weekly during the hours and days specified in Section 2.1.3. Collections shall be made on a regular schedule on a consistent day and as close to a consistent time as possible to minimize Customer confusion. The Contractor shall collect in alleys where practical, and on streets where no alleys are present. Containers shall be replaced in the same location after emptying. Commercial Recyclables collection Containers and service may be ordered by the Commercial Customer, the City, or the City's contracted technical assistance consultant, provided that the Contractor shall not be required to provide Commercial Recyclables collection to an unwilling party. 2.2.8 Multi-Family Complex and Commercial Customer Compostables Collection 2.2.8.1 Subject Materials The Contractor shall provide Compostables collection services to Multifamily Complexes and Commercial Customers on a subscription fee basis, in accordance with the service level selected by the Customer. Contaminated or oversized Compostables materials rejected by the Contractor shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. The Contractor's dispatcher will contact Customers with specific instructions for Customer to make the rejected materials suitable for collection service. 2.2.8.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts and Detachable Containers. Extra Yard Debris material that does not fit in a Compostables Cart or Detachable Container shall be bundled or placed in Kraft bags or Customer-owned 32-gallon (maacimum) Containers labeled `yard'. Compostables Carts and Detachable Containers shall be delivered by the Contractor to new Multi-Family Complexes or City of Federal Way 48 September 2011 Solid Waste Collection Contract Commercial Customers within three (3) days of the Customer's initial request. 2.2.8.3 Specific Collection Requirements Compostables shall be collected from Multi-Family Complex and Commercial Customers at the same frequency schedule for Single-Family Customers. Collections shall be made on a regular schedule on the same day(s) and as close to a consistent time as possible. The Contractor shall collect Containers at defined Multi- Family Complex or Commercial Customer Container spaces. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers with their lids closed and attached to their set out location. Commercial and Multi-Family Customers using Compostables Collection service for Food Scraps collection with Seattle-King County regulations far Commercial Food Scraps coilection and the materials being Source-Separated must be identical to those accepted in the Residential Food Scraps collection program. Those regulations may include, but not be limited to, providing biodegradable kitchen Container bags, providing Cart liners or other methods to maintain Container cleanliness. The Contractor shall not be required to provide biodegradable kitchen Container bags or Cart liners as part of the basic collection service. Commercial and Multi-Family Compostables Cart service shall be charged at the same rates as Single-Family Residential service. Compostables in excess of the subscribed Container size may be charged as Extra Units in 96-gallon increments, with each Extra Unit equaling 96 gallons. Commercial and Multi-Family Customers who require Detachable Container Compostables collection service may subscribe separately with the Contractor or another service provider for that service at market rates. The provision of fee- based Commercial Compostables collection in Detachable Containers shall comply with the service and billing standards of this Contract, but at market rates subject to the combined fee cap described above. City of Federal Way 49 September 2011 Solid Waste Collection Contract 2.2.9 Drop-Box Container Garbage Collection 2.2.9.1 Subject Materials The Contractor shall provide Drop-Box Container Garbage collection services to Multi-Family Complex and Commercial Customers, in accordance with the service level selected by the Customer. 2.2.9.2 Containers The Contractor shall provide Containers meeting the standards described in Section 2.1.15. Both Customer-owned and Contractor-owned Drop-Box Containers shall be serviced, including Customer-owned compactors. Contractor-owned Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. 2.2.9.3 Specific Collection Requirements Single-Family Residence, Multi-Family Complex and Commercial Customer Drop-Box Container collection must occur during the hours and days specified in Section 2.1.5. Collection of Drop-Box Containers in Single-Family Residence and Multi-Family Complex areas and multi-use buildings containing Multi-Family Complexes shall be limited to the same hours as Single-Family Residence collection. The Contractor shall provide dispatch service and equipment capability to collect full Drop-Box Containers no later than the next business day after the Customer's initial call. The Contractor shall maintain a sufficient Drop-Box Container inventory to provide empty Containers to new and temporary Customers within three (3) business days after the Customer's initial call. Mileage fees shall be assessed only when Customer-directed disposal/recycling sites are more than ten (10) road miles by the shortest route from a particular Customer's location, and then only on the additional mileage above twenty (20) miles round- trip. The Contractor shall obtain prior permission from the Customer to use disposal/recycling sites which would result in additional mileage charges. City of Federal Way 50 September 2011 Solid Waste Collection Contract 2.2.10 Temporary Container Customers The Contractor shall provide temporary 2-, 4-, and 6-cubic yard Detachable Containers and 10-, 20-, 30-, and 40-cubic yard Drop-Boxes to Single- Family Residence, Multi-Family Complex and Commercial Customers on an on-call basis. Temporary service shall include all Customers requesting Container service of less than ninety (90) days duration, including existing Customers on permanent service who temporary request an extra Container for less than ninety (90) days. The charges for temporary Detachable Container service listed in Attachment B shall include deliver, collection and disposal. Disposal charges for temporary Drop-Box Containers shall be billed in addition to the delivery, rental and hauling charges listed in Attachment B. Rental charges shall be itemized and charged separately, at the rates listed in Attachment B. The Contractor may charge a deposit to be paid in advance of service equal to the average disposal fee for the size of temporary Container ordered if the creditworthiness of the individual Customer is in doubt. 2.2.11 Municipal Services The Contractor shall provide weekly and temporary Garbage, Recyclables, and Compostables collection services to all City municipal facilities, without charge. Those facilities include, but are not limited to the following: �� fli `� "/ r / � �f�f/� ' F �, ��'��� � /i if ; ,a'! ,r;rS f ' � r, { �' �'i",, ��/� lf� � ��'r ,.,'„ � ����L�;/,'� ,r� ..r./, i/, �,r.��>���A7�;� i �...��,F Ci Facilities: Federal Wa Ci Hall 33325 8�' Avenue S Evidence Buildin 600 S 333rd Street Federal Wa Communi Center 876 S 333rd Street Steel Lake Maintenance Facili 31132 28th Avenue S Dumas Ba Center 3200 SW Dash Point Road Parks• Adelaide 30619 16th Avenue SW Alderbrook 32730 17th Avenue SW Alderdale 2700 SW 340th Place BPA Trail 1100 S 324th Street Camelot O en S ace 29200 45th Avenue S Cedar Grove 2200 S 333rd Street Celebration 1095 S 324th Street Coronado 2501 SW 349th Place City oF Federal Way 51 September 2011 Solid Waste Collection Contract Dash Point Hi hlands 5300 SW 324th Street Dash Point Trian le 31200 SW Dash Point Road Dumas Ba � 30844 44th Avenue SW Federal Wa Ent Si n 2800 S 320th Street Fisher's Pond 31850 7th Avenue SW French Lake 31531 lst Avenue S Herita e Woods 28200 24`�' Place S H lebos / Bluebe Farm 630 S 356th Street H lebos / Historic Cabins 34915 4th Avenue S Lake Grove 833 SW 308th Street Lake Killarne 3500 We erhaeuser Wa S Lakota 31334 SW Dash Point Road Laurelwood 2301 S 292nd Street Madrona 1500 SW 356th Street Mirror Lake - 915 S 315th Street OI m ic View 2900 SW 330th Street Palisades 5039 SW Dash Point Road Panther Lake O en S ace 650 SW Cam us Drive Saca'awea 1401 S Dash Point Road Sa halie 33914 19th Avenue SW Steel Lake / Steel Lake Annex 2410 S 312th Street SW 312th S orts Court 100 SW 312th Street Wed ewood 3913 SW 337th Street West Cam us Trail 200 S 320th Street Wildwood 2315 S 300th Street At any time during the term of this Contract, the City may add facilities in addition to those listed above. Additional municipal facilities added during the term of the Contract shall also be provided collection, including new facilities developed within the City Service Area, as well as municipal facilities in future annexation areas covered by this Contract. In the event that the number of facilities increases by more than 10% above those listed above, the Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. On occasion, the City will pay the Contractor in accordance with charges listed in Attachment B for services that involve a third party, when such third party accumulates Garbage as part of performing services for the City. For example, disposal of roof replacement debris removed from a City City of Federal Way 52 September 2011 Solid Waste Collection Contract facility. Regular Garbage generated on an ongoing basis at all City facilities will otherwise be collected by the Contractor without charge to the City. 2.2.12 City-Sponsored Community Events The Contractor shall provide Garbage and Recycling services for City- sponsored special events at no charge to the City or users. Container capacity shall be coordinated with event staff to ensure that sufficient Container capacity and collection frequency is provided by the Contractor. These events shall include, but not be limited to: • Federal Way Festival Days (Summer regional community festival) • Han Woo-Ri (Korean-American Festival) • Red, White and Blues (Independence Day Festival) • Buds and Blooms (gardening show event) • Federal Way Farmers Market At any time during the ter►n of this Contract, the City may add City- Sponsored Community Events in addition to those listed above, provided that if the City adds more than one event every two (2) years, the Contractor may negotiate compensation for those additional events. In the event that the total volume of materials collected by Contractor from City- Sponsored Community Events increases by more than 20% above the baseline volume for such events established at the outset of this Contract, then Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. 2.2.13 Mixed-Use Buildings Service in Mixed-Use Buildings shall be apportioned between Residential and Commercial Customers. Residential Customers shall be provided Single-Family or Multi-Family Recyclables collection and shall be charged the appropriate Residential rates for their portion of Garbage collection service. Commercial Customers shall pay only their regular Commercial rates which exclude the component for Recyclables collection above the basic Cart Recyclables collection service. The Contractor and/or property manager shall apportion Garbage service according to usage to ensure Mixed-use Building Customers are charged equitably for collection services. In the case of a dispute, the City shall intervene and the City's decision shall be final. 2.2.14 Other Solid Waste Collection Services The Contractor may occasionally provide other regularly scheduled services related to solid waste collection in the City not specifically City of Federal Way 53 September 2011 Solid Waste Collection Contract delineated under this Contract. In that event, the Contractor shall use current rates approved by the WUTC under the Contractor's Waste Management — South Sound and Waste Management of Seattle Tariff 21 for the service provided. If the intended services are not covered by either this Contract or the Contract's WUTC tariff, the Contractor shall notify the City and propose a Customer rate for the service. Upon approval of the City, the Contractor may proceed to offer that service. 2.3 Management 2.3.1 Responsibility of Participants 2.3.1.1 Contractor's Responsibilities Consistent with the responsibilities set forth otherwise in this Contract, the Contractor shall be responsible for: • Collecting Garbage in the City Service Area and delivering the Garbage to the King County Disposal System, unless otherwise directed by the City, and shall ensure that the Contractor handles Garbage in accordance with the City's interlocal agreements governing solid waste management. • Collecting construction/demolition waste in the City Service Area and delivering the waste to fully permitted recycling, disposal or transfer sites in compliance with King County's Comprehensive Solid Waste Management Plan. • Collecting, processing and marketing Recyclables and Compostables collected by the Contractor in the City Service Area. • Providing cart and Container assembly, maintenance, painting, stickering/labeling and re-stickering/labeling and delivery services listed or required in this Contract. • Performing customer service, including answering telephone calls and e-mails, providing information on services, establishing Customer accounts and providing appropriate Customer support. • Billing, receiving, posting Customer payments and deposits, and adding educational information to bills, if requested by the City. • Procuring all equipment and bearing all start-up, operating maintenance, and transition costs for collection and City of Eederal Way 54 September 2011 Solid Waste Collection Contract processing or disposal of Garbage, Recyclables and Compostables, including proper safety equipment and insurance for vehicles and workers. • Providing and supervising all labor to accomplish the scope of services required under this Contract, including labor to collect materials, maintain and distribute equipment and related customer service functions. • Operating a maintenance facility to house and service collection equipment and acquiring all necessary land use, building, operating, and business permits and licenses. • Submitting all informational materials for public release to the City for review and approval prior to release. • Complying with all applicable laws. • Meeting all non-discrimination and OSHA (Federal Occupational Safety and Health Act of 1970)/WISHA (Washington Industrial Safety and Health Act of 1973) standards, and all environmental standards and regulations. • Providing a safe working environment and comprehensive liability insurance coverage as set forth in Section 6.4, and providing proof of this insurance to the City annually. • Providing a valid Contractor's performance and payment bond in accordance with Section 6.5, and providing proof of this bond to the City annually. • Securing the prior written approval of the Ciry and surety before assigning or pledging money, or assigning, subcontracting or delegating duties. • Providing route maps to the City indicating the day of week for each service. • Submitting collection day changes to the City for review and approval prior to notice being provided to Customers and the change taking place. • Submitting prompt notices to the media regarding modifications to the collection schedule due to inclement weather. City of Federal Way 55 September 2011 Solid Waste Collection Contract • Maintaining Containers, vehicles and facilities in a clean, properly labeled and sanitary condition. • Meeting all City reporting, inspection and review requirements. • Providing outreach materials and programs, and assistance with distribution and outreach as required in this Contract. • Providing operating and safety training for all personnel, including spill response training for all drivers. • Notifying the City of intended changes in management not less than sixty (60) days prior to the date of change. New management shall also attend an introductory meeting scheduled by the City during the sixty (60) day notification period. Exception shall be made for termination for cause or voluntary termination, in which case the Contractor shall notify the City within twenty-four (24) hours of the termination. 2.3.1.2 City's Responsibilities Consistent with the responsibilities set forth otherwise in this Contract, the City shall be responsible for: • Overall project administration and final approval of Contractor services and activities. • Reviewing and approving Contractor compensation adjustments due to changes in County disposal fees or price indices. • Directing and overseeing public education and outreach with the cooperation and assistance of the Contractor. • Monitoring and evaluating collection operations with the cooperation and assistance of the Contractor. • Reviewing and approving all assignment, pledging, subcontracting or delegation of money or duties. • Reviewing and approving collection days and rate changes. • Reviewing and approving holiday schedule changes. City of Federal Way 56 September 2011 Solid Waste Collection Contract • Reviewing and approving all written or other informational materials used in the City by the Contractor. • Conducting performance reviews of the Contractor with the Contractar's cooperation and assistance. • Holding periodic operations meetings with the Contractor, as necessary. 2.3.2 Customer Service and Billing The Contractor shall be responsible for providing all customer service functions, including: answering Customer telephone calls and e-mail requests, informing Customers of current services and charges, handling Customer subscriptions and cancellations, receiving and resolving Customer complaints, dispatching Drop-Box Containers and special collections, correlating service levels to current invoices, all Customer billing, and maintaining and regularly updating a user-friendly website. These functions shall be provided at the Contractar's sole cost, with such costs included in the Customer charges (see Attachment B). 2.3.2.1 Office Location The Contractor shall maintain a principal office in King County within twenty (20) miles of the City limits. The Contractor's office and customer service assistance shall be accessible by a local area code and phone number, specifically 253-833-3333 for use during this contract as the Contractor's primary customer service line. On the termination of this Contract for any reason, the Contractor shall relinquish its rights for use of this phone number to the City or its assignee, effective the day of termination. The Contractor's office hours shall be open at a minimum from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays and recognized holidays. Representatives shall be available at the Contractor's local office during office hours for communication with the public and City representatives. Customer calls shall be taken during office hours by a person, not by voice mail. The Contractor shall maintain an emergency telephone number for use by City staff outside normal office hours. The Contractor shall have a representative, or an answering service to contact such representative, available at said emergency telephone number during all hours other than normal office hours. City of Federal Way 57 September 2011 Solid Waste Collection Contract 23.2.2 Customer Service Requirements 2.3.2.2.1 Customer Service Representative Staffing During office hours, the Contractor shall maintain sufficient staff to answer and handle complaints and service requests from multiple incoming telephone calls simultaneously. If incoming telephone calls necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service demands. The Contractor shall also maintain sufficient staff to answer and handle complaints and service requests made by letter or e-maiL If staffing is deemed to be insufficient by the City to handle Customer complaints and service requests, the Contractor shall increase staffing levels to meet contract performance criteria The Contractor shall provide additional staffing during the transition and implementation period, and especially from six (6) weeks prior to the commencement of new services, through the end of the fourth month after the commencement of new services, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during the transition and implementation period. Staffing levels during the mobilization, transition and implementation period shall be subject to prior City review and approval. 2.3.2.2.2 Service Recipient Complaints and Requests The Contractor shall record all complaints and service requests, regardless of how received, including date, time, Customer's name and address (if the Customer is willing to give this information), method of transmittal, and nature, date and manner of resolution of the complaint or service request in a computerized daily log. Any telephone calls received via the Contractor's non- office hours answering service shall be recorded in the log the following business day. The Contractor shall make a conscientious effort to City of Federal Way 58 September 2011 Solid Waste Collection Contract resolve all complaints within twenty-four (24) hours of the original call or e-mail, and service requests within the times established throughout this Contract for various service requests. If a longer response time is necessary for complaints or requests, the reason for the delay shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint or request. The customer service log shall be available for inspection by the City, or its designated representatives, during the Contractor's office hours, and shall be in a format approved by the City. The Contractor shall provide a copy of this log in an electronic format to the City with the monthly report. The Contractor shall provide sufficient field service/sales staff and route manager personnel to accurately set-up accounts and visit Customers at their service location as needed — for example during roll-out of service changes that impact multiple accounts, or during establishment of new Recycling or Compostables collection service changes. The Contractor's field service/sales staff shall be able to describe to Customers any related service procedures and Container or equipment needs, and be able to calculate any related rate impacts that would arise from implementing service change options. The Contractor's field service/sales staff shall also be responsible for completion of outreach and tracking specified in Section 2.3.5, including related required annual reporting. 2.3.2.2.3 Handling of Customer Calls All incoming telephone calls shall be answered promptly and courteously_; A Customer shall be able to talk directly with a customer service representative when calling the Contractor's Customer service telephone number during office hours. An automated voice mail service or phone answering system may be used when the office is closed. The Contractor shall_maintain and �rov_icie sy_stems_and�ersonnei for � manaa Customer in�uiries and compiaints. The Contractor shall have Formatted: Indent: Left: 1.45" DEIEt2d: , with an average speed of answer of less than hvenry (20) seconds. No [elephone calls shall be placed on hold for more than two (2) minutes, and on a monthly basis, no more than 10% of incoming telephone calls shall be placed on hold for more [han twenty (20) seconds. A summary of these discrete performance measures will be provided as pa o f required monthly reporting. Formatted: Indent: Left: 1.5" City of Federal Way 59 September 2011 Solid Waste Collection Contract the followin call center Customer servic goals:�1) TSF% of 80% or more answered within 60 se conds or less and (2�A% of less than 10% The Contractor's telephone system shall collect data necessary to perform the above calculations„ The Contractor shall also_provide a monthly listin of all re�eat co(lection com�laints received ,b�the_Contractor the �revious month (a re�eat collection complai is an initial c or contaiper_deliv�co that wa not resolved, o r a reo of a collection or container de liv� om� laint at th e same address_duringa si�61 mo �eri odZ, This listin�shal be sorte collection r oute a nd sh incl ude a detailed desc ription of st e�s taken Contractor to ensure that these particular repeat com�laints do not recur. The Avera�e_S�d of Answer ASA�Abandoned Call PercentaQe ABA %�and Tot Servi ce�actor Per %� shall be r�orted to the Ci t�on a weekl�b re�arding Customer calls for the �revious week This weekly re�ort will include information on total calls offered� The Contractor's goai is to maintain a Customer Service Center operation with a s�eed to answer�ercent TSF % of 80%of calls an_s_wered within 60_seconds_,..and an__aban_doned call �ercenta�e � BA %� of less t han 1 0% ep r m onth,_The Contractor's tel� syste sh colle data so as to re�ort the number_of incoming calls_received durin_g_the month and the s�eed to answer time for all calls received,_The_Contractor shall �rov_ide the f monthl�_. 1 the total number_of incomin� Customer calls receiv_ed bv the Contractor'_s Customer Service Center,_� the month�_�ercent of those calls abandoned (ABA %�, and�3� the monthly percent of those calls answered in under 60 seconds (TSF %). A,tiered_��roach_to_assessin��erformance fee penalties will be im�lemented b�the Contractor as outlined below, (TSF %) Performance Fee Penalties T,� S F %� 3 Standard 2 Below Standard 1 Failing Low 80% 60% High Penaity 100% n/a <80% $100 Per%�oint - --- — <60% $?00 Per %a�oint Deleted: provide a monthly record of discrete perfomiance measures capturing all Customer service requests, complaints and misses, categorized by type of request, complaint or miss. Deleted: Percentage -� De12tEd: accepted, average call wait times, and number of abandoned calls. Deleted: DE Sp of Answ D21EtEd: The Conhactor shall answer at least SO % of customer calls within 60 seconds. Monthly performance penalties based on speed to answer (in seconds) will be applied as follows:¶ Formatted: Indent: LeR: 1.5" De12tCd: Averaee Sceed of Answer Formatted: Indent: Left: 1.5" City of Federal Way 60 September 2011 Solid Waste Collection Contract ABA% Performance Fee Penalties. . ABA °/a 3 Standard 2 Below Standard I_ Faili� Low Hi�h Penal� 0°/a 10% n/a >10% 15% $100 >15% $200 In calculat,in° p �er this section will be rounded to the nearest one- Based_on each month'�erforman Contractor shall make__an�resulti penal�%_�_ to_the_Ci for �er not meeti;�standards within_�da�fter the end of that month. Contractor's penalty payment shall be in addition to compensation s�ecified in Section 3.2., and in add ition to an� other Performance Fee, assessed � the Ci as s�ecified in Section_4.1, 23.2.2.4 2.3.2.2.5 City of Federal Way Solid Waste Collection Contract Corrective Measures Upon the receipt of Customer complaints in regards to busy signals or excessive delays in answering the telephone, the City may request and the Contractor shall submit a plan to the City for correcting the problem. Once the City has approved the plan, the Contractor shall have thirty (30) days to implement the corrective measures, except during the transition and implementation period, during which time the Contractor shall have one (1) week to implement corrective measures. Corrective measures shall be implemented without additional compensation to the Contractor. Failure to provide corrective measures shall be subject to performance fees. Internet Website The Contractor shall provide a Customer-friendly Internet website accessible twenty-four (24) hours a day, seven (7) days a week, containing information specific to the City's collection programs, including at a minimum, contact information, collection schedules, material preparation requirements, available services and options, rates, inclement weather service changes and other relevant service information for its Customers. The website shall include an email 61 September 2011 D21eY2d: Abandoned Caller Percentage Penalfi Deleted: The City e�cpects average abandoned calls [o be under 10 % per month. Monthly performance penalties for abandoned calls will be applied as eouoWS:q D21etEd: Abandoned Caller Formatted: Indent: Left: 1.5" Deleted: t4 Formatted: Not Highlight function for Customer communication with the Contractor, and the ability for Customers to submit service requests on-line. E-mailed Customer service requests shall be answered the next business day after receipt. The website shall offer Customers the option to pay their service bills on-line through a secured bill payment system. Website content and design shall be submitted for City approval a minimum of three (3) days prior to planned roll-out of website changes, and website content and design shall continue to be subject to the City's approval throughout the term of this Contract. The Contractor shall update the website monthly, and more often if necessary, and provide links to the City's website. The website shall include contact information translated into a minimum of four (4) languages other than English, including Spanish, Korean, Vietnamese and Russian. The Contractor's website shall minimize "pop-up" windows, and not include adware or spyware. 2.3.2.2.6 Full Knowledge of Programs Required The Contractor's customer service representatives shall be fully knowledgeable of all collection services available to City Customers, including the various services available to Single-Family Residence, Multi-Family Complex and Commercial Customers. For new Customers, customer service representatives shall explain all Garbage, recycling, Compostables and Food Scrap collection options available depending on the sector the Customer is calling from. For existing Customers, the representatives shall explain new services and options, and resolve recycling issues, collection concerns, missed pickups, Container deliveries, and other Customer concerns. Customer service representatives shall be trained to inform Customers of all recycling, Compostables and Food Scrap preparation specifications. Policy questions resolvable by the City shall be immediately forwarded to the City for response. The Contractor's customer service representatives shall have instantaneous electronic access to customer service data and City of Federal Way 62 September 2011 Solid Waste Collection Contract history to provide efficient and high-quality customer services. 2.3.3 Contractor's Customer Billing Responsibilities The Contractor shall be responsible for all billing functions related to the collection services provided under this Contract. All Single-Family Residence Customers shall be billed at least quarterly, and Multi-Family Complex and Commercial Customers shall be billed monthly. Customers may be billed prior to receiving service, but the due date (or past due date) shall be no sooner than the last day of service provided under that billing cycle. The bill's due date shall be no sooner than fifteen (15) business days after the date the bill is mailed. The Contractor may make account adjustments for over- or under-charges, provided that under-charges may only be charged for services provided within ninety (90) days of the bill date. Billing and accounting costs associated with Customer invoicing shall be borne by the Contractor, and are included in the service fees in Attachment B. The Contractor may bill to Customers late payments and NSF ("bounced") check charges, as well as the actual third party costs of bad debt collection. Late fees shall not exceed one percent (1%) per month and NSF charges shall not exceed twenty dollars ($20.00) per NSF check or actual bank charges, whichever is greater. Single-Family Residential Customers may temporarily suspend service due to vacations or other reasons for as long and as often as desired in one (1) week increments and be billed pro-rata far actual services received. All Single-Family Residence Recyclables collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately. Subscription Compostables services shall be itemized separately. All Multi-Family Complex Recydables collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately, except as directed at the City's sole discretion. Costs for the baseline two Recycling Carts per Commercial Customer shall be included in Commercial Garbage rates and shall not be charged or itemized separately. Costs for Commercial Recycling provided for additional service above the rivo Recycling Carts may be separately charged in accordance with this Contract. Commercial Customer and Multi-Family Complex Compostables services shall be itemized and charged separately. No surcharges (such as environmental or fuel surcharges) shall be added to invoices for Garbage, Recyclables or Compostables collection, including City of Eederal Way 63 September 2011 Solid Waste Coliection Contract Commercial Recycling collection, unless specifically authorized in writing by the City. The Contractor shall be responsible for the following: • Generating combined Garbage, Recyclables and Compostables collection bills. Bills must include a statement indicating the Customer's current service level, current charges and payments, and appropriate taxes and fees as well as the Contractor's customer service contact information. Space shall be made available on bills for including City contact information at the City's request. • Accepting, processing and posting payment data each business day. • Maintaining a system to monitor and report Customer subscription levels, record Extra Unit Garbage and Compostables collected, place an additional charge on the Customer's bill for the excess collection, and charge for additional services requested and delivered. This system shall maintain a Customer's historical account data for a period of not less than two years. • Accepting and responding to Customer requests for service level changes, missed or inadequate collection services, and additional services. • Collecting unpaid charges from Customers for collection services. • Implementing rate changes as specified in Section 3.1 and 3.3. • Including lines/space for customer service messages on Customer bills. • Including Contractor phone numbers for customer service on Customer bills. • Contractor will provide a discount to Single Family Customers that choose to use a paperless invoicing and bill paying process when__this ca�abil�_is_im�lemented___and becomes o�erationaL The Contractor will notify the Customer of their invoice and accept payment either through a credit card payment feature of the Contractor's website or through the Customer's online banking services. The Customer discount shall be no less than the appropriate current single ounce first class rate as set by the US Postal Service. • All Customers in any grouping targeted for receipt of printed educational or outreach materials shall be included in Contractor's mass-mailings of such materials regardless of Customer's billing City of Federal Way 64 September 20ll Solid Waste Collection Contract method status (such as web-based invoicing) or Customer's mail receipt method (such as use of a Post Office Box rather than standard curbside mail service). The Contractor shall be required to have procedures in place to backup and minimize the potential for the loss or damage of the account servicing (customer service, service levels and billing history) database. The Contractor shall ensure that a daily backup of the account servicing database is made and securely stored off-site. The Contractor shall also provide the City with a copy of the customer service database via e-mail or other electronic medium on a quarterly basis. The City shall have unlimited rights to use the customer service database to develop targeted educational and outreach programs, analyze service level shifts or rate impacts, and/or to provide information to successor contractors. Upon five (5) business days written notice, the Contractor shall provide the City with a paper and/or electronic copy at the City's discretion of the requested Customer information and history, including but not limited to Customer names, service and mailing addresses, contact information, service levels and current account status. City requests for information pertaining to five or fewer accounts shall be provided within one business day. As set forth in detail below, the Contractor shall provide monthly and annual reports to the City. In addition, the Contractor shall allow the City access to pertinent operations information related to compliance with the obligations of this Contract, such as vehicle maintenance logs, disposal, Compostables and recycling facility certified weight slips, and Customer charges and payments. 2.3.4 Reporting The Contractor shall provide monthly and annual reports to the City. In addition, the Contractar shall allow City staff access to pertinent operations information such as disposal facility certified weight slips and vehicle maintenance logs. 2.3.4.1 Monthly Reports On a monthly basis, by the last day of each month, the Contractor shall provide a report containing information for the previous month. Reports shall be submitted in electronic format approved by the City and shall be certified to be accurate by the Contractor. At a minimum, reports shall include: City of Federal Way 65 September 2011 Solid Waste Collection Contract (1) A log of complaints and resolutions for all collection services and sectors. At a minimum, the complaint log shall include Customer name and/or business name, Customer's service address, contact telephone number, date of complaint, a description of the complaint, a description of how the complaint was resolved, the date of recoveryhesolution and any additional driver's notes or comments. (2) A tabulation of the number of single family, commercial and multi-family accounts by service level/Container size and service frequency. (3) A compilation of program participation statistics including: a summary of multi-family and commercial participation in recycling programs, set-out statistics for Residential Garbage, Compostables and Recyclables collection services, and log of bulky items. (4) A compilation of total monthly and year-to-date summaries of Garbage, Recyclables and Compostables quantities by collection sector. (5) A summary of Recyclables quantities by collection sector and by commodity, including processing residues disposed and market prices. (6) A summary of disposal or tipping facility locations and associated quantities for Garbage, Recyclables and Compostables as well as any changes in processing procedures, locations or tipping fees. (7) A list of dates, Customer names and addresses for whom a free special recycling collection has been made (Section 2.2.2.3). (8) A description of any vehicle accidents infractions, or insurance claims against Contractor. (9) A description of any changes to collection routes, Containers, vehicles (including the identification of back-up vehicles not meeting contract standards with the truck number and date of use), customer service or other related activities affecting the provision of services; and City of Federal Way 66 September 2011 Solid Waste Collection Contract (10) Call Center performance_re�ortin�and_�enal_tX totals as �ecifed in Section 2.3.2.2. If collection vehicles are used to service more than one Customer sector or jurisdiction, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection quantities. The apportioning methodology shall be subject to prior review and approval by the City and shall be periodically verified through field testing by the Contractor. 2.3.4.2 23.4.3 Annual Reports On an annual basis, by the last working day of January, the Contractor shall provide a report containing the following information: (1) A consolidated summary and tabulation of the monthly reports, described above. (2) A discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, increase efficiency, and increase participation in Compostables and Recyclables collection programs. (3) A discussion of promotion and education efforts and accomplishments. (4) An inventory of current collection, delivery, spare and other major equipment, including make, model, year, and accumulated miles. (5) A list of multi-family and commercial recycling sites pursuant to Section 2.3.5. Ad Hoc Reports The City may request from the Contractor up to six (6) ad-hoc reports each year, at no additional cost to the City. These reports may include customer service database tabulations to identify specific service level or participation patterns or other similar information. Reports shall be provided in the City- defined format and software compatibility. These reports shall not require the Contractor to expend more than one hundred (100) staffhours per year to complete. Deleted: outlined � City of Federal Way 67 September 2011 Solid Waste Collection Contract If requested by the City, the Contractor shall provide daily route information for all service sectors and collection streams for the purpose of evaluating potential collection system changes during the term of the Contract. Information received by the City and in the Contractor's possession shall be subject to existing laws and regulations regarding disclosure, including the Public Records Act, Chapter 42.56 RCW. 2.3.5 Promotion and Education The City shall have primary responsibility for developing, designing and executing general waste reduction/recycling public education and outreach programs, with the assistance and cooperation of the Contractor. The Contractor shall have primary responsibility for providing service-oriented information and outreach to Customers and implementing on-going recycling promotion, at the direction of the City. The Contractor shall maintain a complete list of all Multi-Family Complex and Commercial Customer sites within the City Service Area, and the status of each site's participation in Contractor-provided services. The Contractor shall annually contact, by telephone or site visit, the manager or owner of each site to encourage participation and inform the manager or owner of all available services and ways to decrease Garbage generation. Printed informational materials discussing waste prevention and recycling service options shall be prepared and distributed to support contact with Multi-Family Complex and Commercial Customer sites. This contact shall be coordinated with City and King County promotional efforts. The Contractor shall include with its annual report the list of Multi-Family Complex and Commercial Customer sites; Garbage, recycling and Compostables status; Container sizes, service frequency, and types; Customer contact dates and outcome of such contacts; and suggestions for increasing participation or other program improvements. � The Contractor and the City_shall or�anize and im�lement an on$oi�City- �- ---- wide recognition�rogram _to h�hli�ht seryices a_v_ailable___an_d_reward _recXclin��articipation_�_custo_mers_in all__sery�ce_sectors._ This_�ro,�ram shall_be_based_on the_`°Clean Cart Challen�e"�romoti_on implemented by th_e Contractor_in_mid 2010. Funding__for �ecific rewards_will be_�royided -- _ bx the_Contracto � with a ca� _of Four Thousand Ei�ht Hundred _Do(lars ($4 in _yalue _�er_, calendar year. Speci_fic_�romotion_ and___reward amo_unts may__var_y__bx sector� customer _ty�e _or_specifcally target_ed - - rec�ling�artici�ation_behavior su�ect to_ C� . discretion and_seasonal ._.___ i . . . - timin� of related�romotions. The Ci shall organize and implement an '_g�ublic_awareness_cam _ai n_ for_this_reco�nition__�rogram,_which on�o�n ---� -�- _ may__include___but not be_Iimited_to:_inailers�_�ress releases,___ad_yertisin� throu�h_local_me_dia��romotion in or_on customer inv�ices,_ and_related Del2t2d: Contractor and City shall implement a program of neighborhood `Block Parties" each Spri�g to highlight recycling programs with Contractor's staff, equipment, recycling infortnaaon and Containers, which shall be promoted to both Residential and Multi-Family Customers. Formatted: Font: Times New Roman, 12 pt City of Federal Way 68 September 2011 Solid Waste Collection Contract �romoti_o„n "windows°°_oC�`po�u�° screens on _the_Contractor�s Internet Formatted: Font: Times New Website.__Contractor shall artici _ate full m_coordinatina elements of this Roman, iz pt __�._--_ _ __—� —_-�– --X— -- �- ------- �ublic___awareness _ cam�ai�n into___Contractor-maintained _ customer �m+atted: Font: Times New Roman, 12 pt 117�OCtri2 SOUT'COS. 2.3.6 2.3.7 The Contractor shall keep the public informed of programs and encourage participation through an Annual Service Update. Each ,�ear�prior__to the annual _rate__ad�ustment, the Contractor shall provide an Annual Service Update for each service sector, the format, content and timeframe of which shall be subject to prior review and approval by the City. The Annual Service Update shall be mailed to all Customers and, at a minimum, shall include an informational brochure indicating rates, all services available, preparation and other service requirements, contact information, inclement weather and other policies, a collection schedule calendar applicable to each recipient's routes and other useful Customer information. The Contractor shall develop, print, periodically update and maintain sufficient quantities of new Customer information materials, the format and content of which shall be subject to prior review and approval by the City. Upon approval, materials shall be mailed to every new Customer prior to the Customer's first billing and shall, at a minimum, include a statement of applicable rules and service policies, rates, services and preparation requirements, collection days in calendar format, Contractor customer service information and City contact information. Contractor's materials shall be TTY accessible and Contractor shall provide alternative language formats upon request. DeletEd: fall The Contractor shall permit the City to insert, at no charge, single-sheet information bulletins into Customer bills. When the insert is beyond one page and increases ,�nit _�osta�e _cost, the City shall pay the incremental Deleted: Contractor difference in ostage. The City and Contractor shall work cooperatively oeieted: ¶ for timely inclusion of such materials, Field Monitoring The City may periodically monitor collection system parameters such as participation, Container condition, Container weights, waste composition and Customer satisfaction. The Contractor shall assist the City by coordinating the Contractor's operations with the City's field monitoring to minimize inconvenience to Customers, the City and the Contractor. Transition to Next Contractor The Contractor shall be expected to work with the City and any successive contractor(s) in good faith to ensure a minimum of Customer disruption during the transition period. Container removal and replacement shall be City of Federal Way 69 September 2011 Solid Waste Collection Contract coordinated between the Contractor and a successive contractor to occur simultaneously in order to minimize Customer inconvenience. The Contractor shall provide a detailed updated Customer list, including Customer name, service address, mailing address, and collection and Container rental service levels to the successive contractor within seven (7) days request of the City. The parties recognize that a failure to comply with this provision will damage the City, but that determination of such damage will be difficult and burdensome; therefore, the parties agree that in the event of a breach of this provision the Contractor, or the Contractor's surety, shall pay the City one hundred thousand dollars ($100,000.00) for the material breach of this contract provision. Payment shall be made within riventy (20) business days of the end of this contract. 3. COMPENSATION 3.1 Compensation to the Contractor 3.1.1 3.1,2 3.1.3 Rates The Contractor shall be responsible for billing and collecting funds from Single-Family Residence, Multi-Family Complex and Commercial Customers in accordance with the charges for services listed in Attachment B. The Contractor may reduce or waive at its option, but shall not exceed, the charges listed in Attachment B. These payments shall comprise the entire compensation due to the Contractor. In no event shall the City be responsible for money that the Contractor, for whatever reason, is unable to collect. Jtemization on Invoices City, King County and Washington State solid waste, utility and/or sales ta�ces shall be itemized separately on Customer invoices and added to the charges listed in Attachment B. The Contractor shall not charge separately far the collection of Source-Separated Recyclables other than Commercial Recyclables above the limit of the included Cart-based Recyclables program. The City administrative fee shall not be itemized separately on Customer invoices. Discontinuing Service for Nonpayment The Contractor may use any legal means, including appropriate lien rights, to enforce Customer payment obligations and may discontinue service to non-paying Customers provided that such Customers are provided with ten (10) days prior written notice that service will be discontinued for non- City of Federal Way 70 September 2011 Solid Waste Collection Contract Deleted: ¶ ¶ payment. The Contractor may charge a one-time twenty dollar ($20.00) cart redelivery fee to Customers who want to restart service who have previously had their service terminated for nonpayment and had carts removed. The cart redelivery fee shall be applied as a flat charge, regardless of the number of carts delivered (e.g. Garbage, Recyclables, and Compostables). 3.2 Compensation to the City The Contractor shall pay to the City an administrative fee on or before the first day of each month during the term of this Contract, starting on March 1, 2010. The initial amount of the administrative fee shall be Twenty-two thousand, seven hundred and twenty dollars ($22,720) per month. The administrative fee shall be adjusted in accordance with Section 3.3. A specific example of the administrative fee adjustment formula is provided in Attachment C. The administrative fee may be changed by the City in any year, provided that the change in synchronized with the annual Contractor rate modification described in Section 33. The City shall notify the Contactor of the new administrative fee for the following year by September l st , and the Contractor shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided October 1 of each year. In the event that the administrative fee is adjusted, either up or down, the Contractor shall add or subtract an amount equivalent to the state excise tax (1.5% in 2009), as may be adjusted from time to time by the State of Washington. In the event that additional areas are annexed into the City, per Section 2.1.2, the Contractor shall submit three percent (3°/a) of revenues generated in those areas to the City as an additional administrative fee. For purposes of calculating this fee, the term "revenues" shall mean all Customer payments for services provided under this Contract, but shall not include taxes or revenues generated from the sale of recyclable materials. This additional administrative fee will be added to the regular administrative fee described above, and shall also be adjusted in accordance with Section 3.3. The Contractor shall retain contributions of the recycling revenue sharing funds generated in those annexed areas (previously paid to the County) as compensation for the additional administrative fee. In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees and taxes as described in Section 6.13, Permits and Licenses. 3.3 Compensation Adjustments 3.3.1 Annual Rate Adjustment The Contractor's collection service charges, excluding waste disposal fees, for each level of service shall increase or decrease once every year by the percentage change in the Consumer Price Index CWURA423SA0 for the City of Federal Way 71 September 2011 Solid Waste Collection Contract Seattle-Tacoma-Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI-W 1982-1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index (the "CPI Index"). Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. Rates shall be adjusted annually, beginning March 1, 2011 (the "Adjustment Date"). The Contractor shall submit to the City for review and approval a Rate Adjustment Statement, calculating the new rates for the next year, by calculating the percentage change in the CPI Index for the most recent twelve (12) month period ending on August 30th. The Contractor's calculations shall be provided to the City no later than November 15 prior to the Adjustment Date and the City shall have thirty (30) days to confirm the Contractor's rate modification calculations. On City approvai, which shall not be unreasonably withheld or delayed, the new rates shall take effect on March 1 st of that year, and Customers shall be notified in January, at least forty-five (45) days prior to the date adjusted rates become effective. Should ratepayers not receive notification by mid- January due to missed deadlines, rate calculation errors by the Contractor, or rate disapproval by the City, implementation of the new rates shall be delayed by one month without opportunity for recovery of lost revenue. 3.3.2 Disposal Fee Adjustments Disposal Fee adjustments shall be made to Contractor collection rates to reflect increases or decreases in King County disposal fees for solid waste. In the event of a change in disposal fees, the disposal fee component of rates charged to Customers shall be adjusted, based on Container content weights specified in Attachment B of this Contract. Specific examples of rate modifications due to Consumer Price Index and disposal fee changes are provided in Attachment C. City of Federal Way 72 September 2011 Solid Waste Collection Contract 3.33 Changes in Recyclables or Compostables Processing Sites and Tipping Fees The Contractor assumes all risk for the processing and marketing of Recyclables and Compostables. If the Contractor is required by the City to use processing sites or markets other than those being used at the initiation of this Contract, the Contractor may submit a detailed proposal for a rate adjustment to reflect any additional costs or savings to the Contractor. The City and Contractor agree to negotiate in good faith any changes to the rates to offset these costs or savings. 3.3.4 Other Modifications The Contractor shall not adjust or modify rates due to employee wage increases, the value of Recyclables, Garbage collection service level shifts, or other changes affecting the collection system. At the time of the City's decision to extend this Contract through invoking contract extension options, the Contractar can present a request for relief for any adverse market changes that have occurred during the previous period of the Contract. The City is under no obligation to give consideration for those adverse changes as a condition for invoking the contract extension option. If new City, King County, Washington State or Federal taxes are imposed or the rates of existing taxes are changed after the execution date of this Contract, and the impact of these changes results in increased or decreased Contractor costs in excess of five thousand dollars ($5,000) annually, the Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate and if so, to determine the amount and the method of adjustment. Any adjustment in Contractor charges will coincide with the annual rate adjustment process described in this Section 3.3. 3.4 Change in Law Changes in federal, state or local laws or regulations or a continuing Force Majeure event that results in a detrimental change in circumstances or a material hardship for the Contractor in performing this Contract may be the subject of a request by the Contractor for a rate adjustment, subject to review and approval by the City, at the City's reasonable discretion. If the City requires review of the Contractor's financial or other proprietary information in conducting its rate review, at the request of the Contractor, the City shall retain a third-party to review such information at the Contractor's expense, and may take any other steps it deems appropriate to protect the confidential nature of the Contractor's documents and preserve the Contractor's ongoing ability to remain competitive. City of Federal Way 73 September 2011 Solid Waste Collection Contract 4. FAII,URE TO PERFORM, REMEDIES, TERMINATION The City expects high levels of Customer service and collection service provision. Performance failures shall be discouraged, to the extent possible, through automatic and performance fees for certain infractions and through Contract default for more serious lapses in service provision. Section 4.1 details infractions subject to automatic or performance fees, and Section 4.2 details default provisions and procedures. 4.1 Performance Fees The Contractor may be subject to performance fees for the following acts or omissions if documented in an incident report presented by the City to the Contractor. The City reserves the right to make periodic, unscheduled inspection visits or use other means to determine the Contractor's compliance with the Contract. Deductions for misses will not be applied for collections prevented by weather or holiday rescheduling or collections missed due to labor disruptions during the first week of the disruption. Performance fees are as follows� f �/l`f f��' r�' 9�� �. i f�/%�/�%�`���'�''�"�� ii ��F��r,f��iv.�� �i'� �i,�i� �%F`" j�'�j,� ,�,� i �/r / � �� , �t �� � f ,� � /r'�� /� � s� ,� r.; ���/�„ � � �,� `,7�� ���`f,,1 F i�' �� �,.' � r��� yf �,i� //%�rt�; ri�� � ; ir ; �, ,� ,/,f �f� / ; � ,- ^ � fi r r,� �`,'',�Fi �'' / � � ,..,��,Fa,���„��,!fft.f,f���/l���r%r�"Fff„F' ��«��/%/.%/r ;��f��,�rr!�ff,r,� r'�'r,���: Collection before or after the times specified Two Hundred Fifty Dollars ($250) per in Section 2.1.4, except as expressly truck route (each truck on each route is a permitted by the City. separate incident). Repetition of complaints on a route after Twenty-Five dollars ($25) per incident, notification, including, but not limited to, not to exceed thirty (30) complaints per failure to replace Containers in designated truck per day. locations, spilling, not closing gates, not replacing lids, use of profanity, creation of excessive noise, collection of Commercial Containers outside hours specified herein for Residential areas, crossing or driving over planted areas, observed reckless driving, or similar violations. Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus Five Hundred Dollars ($500) per incident. Failure_ to _meet_ Section___2.1.14___model�ear Five Hundred___ Dollars �$500�__�er standards for regularly-used vehicles. This o�eratin� day that any_out-of-compliance Perform_a,nc_e Fee __clause___s�ecifcallX_ covers vehicles are used� the_Contr_a_ctor. � two ke�_ re�uirements;____(1�__ Contractor's �lanned_com�lete fleet re�lace_ment_with new collection vehicles bv December 31, 2012.and �e�eced: ¶ -� DeletCd: prior to 2013 City of Federal Way 74 September 2011 Solid Waste Collection Contract j ��f�� �''�Fl f� fyl,r'f,f//,rf�r�F/.���'rffl,� rs ��f�F' F��f?� f���/ f � � r'���I F 'y , f „,��� .� ,� �ri � ,. f�f ��,�� `%� �rl �f �,',�����i���� � �`'� �' ',�' .�l .�` � ����'Y � � � �� I, �i�'J"„� f r%h; �,�.J,�fi'rf?`�%�.r�/ �F �.�//�.% :�1����r,`,'%%" �G�� �,,:� ,��ff.�f{��,,,�,- �� yf/�:�i!//�,���'J`�.,��.r�,,,w/rs , :;', %'i; !` ..,'� f %/� /, '�,y„ O ,J' /1��' �2�_ com�liance__ re�arding_overall fleet age. Th du e date for 201�_mode�ear com�fiance for prima� collection_ vehicles is_December 31, 2012 after whic time Perfor Fees wi l( be asses Performance Fees mav be assessed at � time duri� the term of the__ contract i n the eve of Contractor lapse in _ a oth er contract reguirements___as _ spe cifed __ for E uc� ipment Age/Condition compliance_ Failure to accurately tally, in the Contractor's Two Hundred and Fiftv Dollars ($25 er monthly _r�orts_,_ accumulat annua us e of m om ission. individ back � ____v_ehicle number and d�used section_2.1,14, Use _ of indi vidual diesel-fue Fiv_e Hundred__Dol ($SOO� veh icle vehicles in excess of more than thirty�30� ep r day over its thirt�day annual limit. calendar da��er calendar year in violation of secti 2.1 .14. Failure to accurately__ re�ort__,Xnonth� Call Two Hundred Fiftv._Dollars�$250� per �- -- Center performance,__and/or make_ monthly each_�nonthl�_r_e_port _omission and/or � _ �ayments based on be►ow s tandard monthl�payment omission �erformance. Failure to maintain placards on service Two Hundred Fifty Dollars ($250) per vehicles as required by Section 21.14 vehicle, per day. Curable Leakage from Contractor vehicles or Two Hundred Fifty Dollars ($250) per vehicle contents, observed by the City, its vehicle, per day, plus clean up costs. agents or photographed by Customers. Failure to collect missed materials within one One Hundred Dollars ($100) per incident (1) business day after notification. to a maximum of Five Hundred Dollars ($500) per truck per day on Single-Family Residence routes and no maximum for Multi-Family Complex and Commercial Customer routes. Missed collection of entire block segment of One Hundred Fifty Dollars ($150) per Deleted: 1 D21EtEd: weekly Fortnatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Deleted: weekly Formatted: Not Highlight City of Federal Way 75 September 2011 Solid Waste Collection Contract %,'�'`�,�/��� % F ���� f �' y � %%i��� � �i'�'�j'/`�� A�f �f%Ffi ? fis .�. �' ;✓/ r �r�f � ��i /`'�f,�s �r�� ,�,��.�� , �:r r ,/� � i� .� fl' ;/ '' f f %� r . "�/; J � y '�1�,1 � / � � ��'%' " ��+' .�f/� �.,� ` �/ f f ,/ �Q���� f ( �� ! �JJ,�� `irn, �:'�l�.!`�+ �l: �r ��/ ylr ...s �'Fl.,�/f/�%r��'/.�{/�,. -. ri'�' � ,� ��� � f i�i.�.fF.,t'. if� /,��„r: y �%�.�; `�``.�r,:, �'% ���,,'��,-, Single-Family Residences (excluding block segment if collection is performed collections prevented by inclement weather). the following day; Five Hundred Dollars ($500) if not collected by the following day. Collection as Garbage or disposal as Garbage One Hundred Dollars ($100) per incident, of Source-Separated Recyclables or up to a maximum of One Thousand Compostables in clearly identified Containers, Dollars ($1,000) per truck, per day. bags or boxes. Collection of Garbage containing visible Twenty-Five Dollars ($25) per incident. quantities of Yard Debris. Rejection of Garbage, Recyclables or Yard Twenty-Five Dollars ($25) per incident. Debris without providing documentation to the Customer of the reason for rejection. Failure to deliver Detachable Containers to Fifty Dollars ($50) per Container per day. new Commercial Customers within three (3) business days. Failure to deliver carts, Detachable Fifty Dollars ($50) per Container per day. Containers, or Drop-Box Containers within three (3) business days of request to Multi- Family Complex or Commercial Customers. Failure to deliver Garbage, Recycling or Fifteen Dollars ($15) per Container per Compostables Carts within seven (7) days of day. request to Single-Family Residence Customers. Substantial misrepresentation by Contractor Five Thousand Dollars ($5,000) per in records or reporting. incident. Failure to provide required reports on time. Two Hundred Fifty Dollars ($250) per incident. Failure to maintain clean and sanitary Fifly Dollars ($50) per incident, up to Containers, vehicles, and facilities. maximum of One Thousand Dollars ($1,000) per inspection. City of Federal Way 76 September 2011 Solid Waste Collection Contract ACTION OR OMMISSION AMOUNT Landfilling or incineration of Recyclables or One Thousand Dollars ($1,000) per Compostables in violation of Section 2.1 „12 vehicle, per incident. without the express written permission of the City. Failure to meet recycling processing One Thousand Dollars ($1,000) per perfor►nance requirements of Section 2.1 � 2. month, for any occurrence during that month. Failure to include instructional/promotional Fifty Dollars ($50) per incident. materials when Garbage, Recycling and/or Compostables Carts are delivered. The parties acknowledge the difficulty in anticipating actual damages to remedy the damage. The parties further agree that the performance fees listed in this Section represent a reasonable estimate of the loss likely to result from the remedy for the damage. Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract and, except for those listed breaches set forth above, the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 4.2. Performance fees, if assessed during a given month, shall be invoiced by the City to the Contractor. Performance fees may be levied only if documented in an incident report presented by the City to the Contractor. Performance fees shall only be assessed after the Contractor has been given the opportunity, but has failed to rectify the deficiencies of which it has been notified. The Contractar shall pay the City the invoiced amount within thirty (30) days of billing. Failure to pay performance fees shall be considered a breach of this Contract. Any performance fees imposed under this Section may be appealed by the Contractor to the City. The Contractor shall be allowed to present evidence as to why the amount of performance fees should be lessened or eliminated. The decision of the City shall be final. 4.2 Contract Default The Contractor shall be in default of this Contract if it violates any provision of this Contract. In addition, the City reserves the right to declare the Contractor to be in Formatted: Centered Deleted:ll � Deleted: 11 City of Federal Way 77 September 2011 Solid Waste Collection Contract default in the event of any violation, which shall include, but not be limited to, the following: (1) The Contractor fails to commence the collection of Garbage, Recyclables or Compostables, or fails to provide any portion of service under the Contract on March 1, 2010 or for a period of more than five (5) consecutive days at any time during the term of this Contract. (2) The Contractor fails to obtain and maintain any permit required by the City, King County, or any federal, state or other regulatory body in order to collect materials under this Contract. (3) The Contractor's noncompliance creates a hazard to public health or safety. (4) The Contractor repeatedly or persistently acts or fails to act in a manner that is subject to performance fees in excess of twenty-five thousand dollars ($25,000.00) during any consecutive twelve (12) month period. (5) The Contractor fails to maintain, in good standing, surety and insurance required by this Contract. The City reserves the right to pursue any remedy available at law for any default by the Contractor. In the event of default, the City shall give the Contractor ten (10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise that does not allow ten (10) days prior written notice, the City shall immediately notify the Contractor of its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its option terminate this Contract. If the Contractor abandons or violates any portion of this Contract, fails to fully and promptly comply with all its obligations, or fails to give any reason satisfactory to the City for noncompliance, and fails to correct the same, the City, after the initial ten (10) days notice, may declare the Contractor to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of said notice shall be sent to the Contractor and surety on its performance bond. Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this Contract. The surety may, at its option, within ten (10) days from such written notice, assume the services provided under this Contract that the City has ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and conditions of the Contract, and all documents incorporated herein. Pending consideration by the surety of said option to City of Federal Way 78 September 2011 Solid Waste Collection Contrac[ assume the services provided under this Contract, the City may employ such work force and equipment as it may deem advisable to continue the services provided under this Contract. The cost of all labor, equipment and materials necessary for such services provided under this Contract shall be paid by the Contractor in full. In the event that the. surety fails to exercise its option within the ten (10) day period, the City may complete the services provided under this Contract or any part thereof, either through its own work force or by contract, and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the same to the Contractor and/or surety, together with all reasonable costs incidental thereto. The City shall be entitled to recover from the Contractor and its surety as damages all expenses incurred, including reasonable attorney's fees, together with all such additional sums as may be necessary to complete the services provided under this Contract, together with any further damages sustained or to be sustained by the City. If City employees provide Garbage, Compostables and/or Recyclables collection, the actual incremental costs of City labor, overhead and administration shall serve as the basis for a charge to the Contractor. 4.3 Availability of Collection Vehicles All vehicles, Facilities, equipment and property used by the Contractor shall be listed in an inventory supplied to the City and updated annually ("Contractor's Inventory"). Unless an approved replacement or substitute is provided, all vehicles, Facilities, equipment and property identified in the Contractor's Inventory for use in the performance of this Contract shall be available for the City's use in the case of default in collecting Solid Waste, Recyclables and Compostables in the City for the duration of this Contract; when provided, this Section applies to any replacement ar substitute. Rent for the City's use of Contractor's Inventory shall be negotiated between the parties based upon the historical cost of the inventory less any accumulated depreciation. Disputes shall be resolved in accordance with this Contract. 5. NOTICES All notices required or contemplated by this Contract shall be personally served or mailed (postage prepaid and return receipt requested), addressed to the parties as follows: To City: Public Works Director City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 To Contractor: ublic Sector Services Director Waste Management of Washington Inc. DEI2ted: Municipal Contracts Manager City of Federal Way 79 September 2011 Solid Waste Coilection Contract 6. GENERAL TERMS 61 Collection Right 720 4; Avenue, Suite 400 Kirklan WA 98033 The Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Compostables and Recyclables and construction/demolition materials placed in Contractor-owned Containers and set out in the regular collection locations within the City Service Area. When asked by the Contractor, the City shall make a good faith effort to protect this right of the Contractor; however, the City shall not be obligated to join or instigate litigation to protect the right of the Contractor. The Contractor may independently enforce its rights under this Contract against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought by Contractor (without obligating the City to join any such litigation). Such efforts may include but not be limited to cease and desist letters, assistance with documenting violations and other activities as City staff time allows. This contract provision will not apply to: Garbage, Recyclables or Compostables self-hauled by the generator; Source-Separated Recyclables hauled by common or private carriers (including drop-off recycling sites) from Commercial premises that contain at least ninety percent (90%) recyclable materials; construction/demolition waste hauled by self-haulers or construction contractors in the normal course of their business; Garbage, Recyclables or Compostables handled by retailers or maintenance services who provide ancillary services unrelated to Curb collection services (e.g. carpet installers, furniture delivery/pick-up, site clean-up services which include loading/sweeping, etc.); Compostables generated and hauled by private landscaping services; or Compostables hauled by common or private carriers from Commercial premises that contain at least ninety percent (90%) Compostable materials. The Contractor shall retain responsibility for Garbage, Recyclables, construction/demolition materials and Compostables once these materials are placed in Contractor-owned Containers and the Contractor shall have no responsibility for these materials prior to the time they are placed in Contractor-owned Containers. The Contractor shall retain revenues it gains from the sale of Recyclables, construction/demolition materials or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables, construction/demolition materials or Compostables shall be the financial responsibility of the Contractor. The City shall work with the Contractor, other haulers and processors, and other regional governments to develop a reasonable definition of what constitutes legitimate construction/ demolition recyciing for the purposes of interpreting collection authorities. Once a reasonable recycling threshold or "test" is developed with King DelEtCd: 801 2" Avenue, Suite 614 Formatted: Superscript Deleted: Seattle Deleted: 9S 104 City of Federal Way 80 September 2011 Solid Waste Collection Contract County, the City and Contractor shall negotiate and amend this Agreement accordingly. 6.2 Access to Records The Contractor shall maintain in its local office full and complete operations, Customer, financial and service records that at any reasonable time shall be open for inspection and copying for any reasonable purpose by the City. In addition, the Contractor shall, during the Contract term, and at least five (5) years thereafter, maintain in an office in Washington State reporting recards and billing records pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this Contract. Those Contractor's accounts shall include but shall not be limited to all records, invoices and payments under the Contract, as adjusted for additional and deleted services provided under this Contract. The City shall be allowed access to these records for audit and review purposes. The Contractor shall make available copies of certified weight slips for Garbage, Recyclables and Compostables on request within two (2) business days of the request. The weight slips may be requested for any period during the term of this Contract. The Contractor shall allow the City to interview any person and to review any evidence in the Contractor's possession or control that may assist the City in determining whether and by what amount: (1) the Contractor is entitled to reimbursement or increased rates under the contract; (2) the City is entitled to a reduction in rates under the contract; or (3) the Contractor is in compliance with the contract. 6.3 Contractor to Make Examinations The Contractor has made its own examination, investigation and research regarding proper methods of providing the services required under this Contract, and all conditions affecting the services to be provided under this Contract, and the labor, equipment and materials needed thereon, and the quantity of the work to be performed as set forth by the Contract. The Contractor agrees that it has satisfied itself based on its own investigation and research regarding all of such conditions, that its conclusion to enter into this Contract is based upon such investigation and research, and that it shall make no claim against the City because of any of the estimates, statements or interpretations made by any officer or agent of the City that may be erroneous. With the exception of Force Majeure events or as otherwise provided in this Contract, the Contractor assumes the risk of all conditions foreseen and unforeseen, and agrees to continue to provide services under this Contract without additional compensation under whatever circumstances may develop other than as provided herein. City of Federal Way 81 September 2011 Solid Waste Collection Contract 6.4 Insurance The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services provided under this Contract hereunder by the Contractor, their agents, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. Failure to make insurance payments and to keep policies current shall be cause for contract default in accordance with Section 4.2. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 6.4.1 Minimum Scope of Insurance Contractor shall obtain insurance that meets or exceeds the following of the types described below: (1) Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. The policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under the Contractor's Automobile Liability insurance policy with respect to the work performed for the City, using ISO additional insured endorsement CG 20 48 02 99 or a substitute endorsement providing equivalent coverage. (2) Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 O1 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance far liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City, using ISO additional City of Federal Way 82 September 2011 Solid Waste Collection Contract insured endorsement CG 20 ] 0 11 85 or a substitute endorsement providing equivalent coverage. (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (4) Contractor's Pollution Liabilitv insurance coverage ("occurrence" form) covering any claim for bodily injury, personal injury, property damage, cleanup costs and legal defense expense applying to all work performed under the contract. 6.4.2 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: (1) Automobile Liabilitv insurance with a minimum combined single limit far bodily injury and property damage of $5,000,000 per accident. (2) Commercial General Liabilitv insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (4) Contractor's Pollution Liabilitv insurance shall be written with limits no less than $3,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expense. 6.4.3 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. In the event the deductibles or self-insured retentions are not acceptable to the City, the City reserves the right to negotiate with the Contractor for changes in coverage deductibles or self-insured retentions; or alternatively, require the Contractor to provide evidence of other security guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.4.4 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability, and Contractor's Pollution Liability coverage: City of Federal Way 83 September 2011 Solid Waste Collection Contract (1) The Contractor's insurance coverage shall be the primary insurance with respect to the City, its officials, employees and volunteers. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. (2) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (3) The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4.5 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VIII. 6.4.6 Verification of Coverage The Contractar shall furnish the City with original certificates including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 6.4.7 Subcontractors The Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor in advance of work being performed by each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 6.4.8 ACORD Form The policy shall be endorsed to provide the following revised language at the bottom of the ACORD Form: Replace: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company shall endeavor to mail thirty (30) days written notice to the below named City of Federal Way 84 September 2011 Solid Waste Collection Contract Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company." With the following: "Should any of the above described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days prior written notice to the below named Certificate holder and Additional Insured, the City of Federal Way, by certified mail." 6.5 Performance Bond The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond or bonds, letter of credit or other similar instrument acceptable to and approved in writing by the City in the amount of five hundred thousand dollars ($500,000.00). The bond, letter of credit or other similar instrument shall be issued for a period of not less than one year, and the Contractor shall provide a new bond, letter of credit or similar instrument, and evidence satisfactory to the City of its renewability, no less than sixty (60) calendar days prior to the expiration of the bond, letter of credit or other similar instrument then in effect. The City shall have the right to call the bond, letter of credit or other similar instrument in full in the event its renewal is not confirmed prior to five (5) calendar days before its expiration. Failure to make bond payments and to keep the bond current shall be cause far contract default in accordance with Section 4.2. 6.6 Indemnification 6.6.1 Indemnify and Hold Harmless The Contractor shall indemnify, hold harmless and defend the City, its elected officials, officers, employees, volunteers, agents and representatives, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorney's fees in defense thereof, or injuries, sickness or death to persons, or damage to property, which is caused by or arises out of the Contractor's exercise of duties, rights and privileges granted by the Contract, provided, however, that the Contractor's obligation to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from concurrent willful or negligent acts or actions of the Contractor and the City shall apply only to the extent of the Contractor's negligence. 6.6.2 Notice to Contractor; Defense In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the City of Federal Way 85 September 2011 Solid Waste Collection Contract Contractor in writing. The Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, the Contractor shall at its own cost and expense defend, and provide qualified attorneys acceptable to the City under service contracts acceptable to the City to defend, the City, its officers, employees, agents and servants against any claim in any way connected with the events described in Section 6.6.1. The City shall fully cooperate with the Contractor in its defense of the City, including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City. The City may employ separate counsel and participate in the investigation and defense, but the City shall pay the fees and costs of that counsel unless the Contractor has agreed otherwise. The Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this Section, and if the City employs separate counsel the City shall assert all defenses and counterclaims reasonably available to it. 6.6.3 Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless, indemnify and defend provided for herein, as they relate to claims against the City, its elected officials, officers, employees, volunteers, agents and representatives, the Contractor agrees to waive the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness or death suffered by the Contractor's employees that is caused by or arises out of the Contractor's negligent exercise of rights or privileges granted by the Contract. This waiver is mutually agreed to by the parties. 6.7 Payment of Claims The Contractor agrees and covenants to pay promptly as they become due all just claims for labor, supplies and materials purchased for or furnished to the Contractor in the execution of this contract. The Contractor shall also provide for the prompt and efficient handling of all complaints and claims arising out of the operations of the Contractor under this contract. City of Federal Way 86 September 2011 Solid Waste Collection Contract 6.8 Confidentiality of Information Under Washington State law, the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions thereofl prepared in performance of this Contract (the "documents") are public record subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. If the City receives a request for inspection or copying of any such documents, it shall promptly notify the Contractor at the notice address set forth in Section 5 herein and upon the written request of the Contractor, received by the City within five (5) days of the mailing of such notice, shall postpone disclosure of the documents for a reasonable period of time as permitted by law to enable the Contractor to seek a court order prohibiting or conditioning the release of the documents. The City assumes no contractual obligation to enforce any exemption. 6.9 Assignment of Contract 6.9.1 Assignment or Pledge of Moneys by the Contractor The Contractor shall not assign or pledge any of the moneys due under this Contract without securing the written approval of the surety on the performance bond and providing at least thirty (30) calendar days prior notice to the City of such assignment or pledge together with a copy of the surety's approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this Contract. 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control The Contractor shall not assign or subcontract any of the work or delegate any of its duties under this Contract without the prior written approval of the City and submittal of proof of insurance coverage. When requested, approval by the City of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting or delegation of duties, the Contractor shall remain responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or other obligor shall also become responsible to the City for the satisfactory performance of the work assumed. The City may condition approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the City to fully and faithfully complete the work or responsibility undertaken. In addition, the assignee, subcontractor or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract. City of Federal Way 87 September 2011 Solid Waste Collection Contract The City may terminate this Contract if the assignee, subcontractor or obligor does not comply with this clause. Furthermare, the assignee, subcontractor or obligor shall be subject to a one (1) year evaluation period during which the City may terminate this Contract on the basis of any material breaches of the terms binding the Contractor. For the purposes of this contract, any Change in Control of the Contractor shall be considered an assignment subject to the requirements of this section. Nothing herein shall preclude the City from executing a novation, allowing the new ownership to assume the rights and duties of the contract and releasing the previous ownership of all obligations and liability. 6.10 Laws to GovernNenue This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for King County. 6.11 Compliance With Law The Contractor, its officers, employees, agents and subcontractors shall comply with applicable federal, state, county, regional or local laws, statutes, rules, regulations or ordinances, including those of agencies having jurisdiction over the subject matter of this Contract, in performing its obligations under the Contract. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employment opportunity and non-discrimination. The Contractor shall comply with all applicable laws pertaining to employment practices, employee treatment and public contracts. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-to-time must be complied with, including ergonomic and repetitive motion requirements. The Contractor must indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and Standards issued therein. The Contractor is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to the operation of the collection and processing systems used in the performance of this Contract. The Contractor is specifically directed to observe all weight-related laws and regulations in the performance of these services, including axle bridging and loading requirements. 6.12 Non-Discrimination The Contractor will not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual City of Federal Way 88 September 2011 Solid Waste Collection Contract orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, color, sex, national origin, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to the following: employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, any required notices setting forth the provisions of this non-discrimination clause. The Contractor understands and agrees that if it violates this non-discrimination provision, this Contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 6.13 Permits and Licenses The Contractor and subcontractors shall secure a City business license if required and pay fees and ta�ces levied by the City. The Contractor shall have or obtain all permits and licenses necessary to provide the services herein at its sole expense. The Contractor shall be solely responsible for all taxes, fees and charges incurred, including, but not limited to, license fees and all federal, state, regional, county and local taxes and fees, including income ta�ces, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the Contractor's activities under the Contract, business and occupation t�es, workers' compensation and unemployment benefits. 6.14 Relationship of Parties The City and the Contractor expressly agree that the full extent of the relationship between the Contractor and the City is that the Contractor is at all times an independent contractor of the City with respect to this Contract. The implementation of services shall lie solely with the Contractor. No agent, employee, servant or representative of the Contractor shall be deemed to be an employee, agent, servant or representative of the City. 6.15 Contractor's Relationship with Customers The Contractor shall not separately contract with Customers for any services covered under this contract. The Contractor is specifically allowed to negotiate separate agreements with Customers for compactor leasing or other related services not City of Federal Way 89 September 2011 Solid Waste Collection Contract included in this Contract, provided that Customers are provided separate invoices far those services and that the Contractor makes it clear to Customers that those services are not provided under this City Contract. These separate agreements must be in writing and shall in no way supersede this contract. These separate agreements cannot have durations any longer than the final date of this contract's term, since the City may, at its sole option, regulate similar or identical services in the successor to this Contract. 6.16 Bankruptcy It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. 6.17 Right to Renegotiate/Amendment The City shall retain the right to renegotiate this Contract or negotiate contract amendments based on City policy changes, state statutory changes or rule changes in King County, Washington State or federal regulations regarding issues that materially modify the terms and conditions of the Contract. The City may also renegotiate this Contract should any Washington State, King County or City rate or fee associated with the Contract be held illegal or any increase thereof be rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City in the event the City wishes to change disposal locations or add additional services to the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. This Contract may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor. 6.18 Force Majeure Provided that the requirements of this Section are met, Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented or delayed by acts of terrorism, acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, wars, blockades, public riots, explosions, unavailability of required materials or disposal restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the Contractor ("Force Majeure"). If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, it shall promptly give the City written notice of the Force Majeure event, describing it in reasonable detaiL The Contractor's obligations under this Contract shall be suspended, but only with respect to the particular component of City of Federal Way 90 September 2011 Solid Waste Collection Contract obligations affected by the Force Majeure event and only for the period during which the Force Majeure event exists. 6.19 Illegal Provisions/Severability At the discretion of the City, if any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 6.20 Waiver No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, and executed by the party aQainst whom such waiver is sought to be enforced. A waiver by either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time. City of Federal Way 91 September 2011 Solid Waste Collection Contract 6.21 Entirety This Contract and the attachments attached hereto and incorporated herein by this reference, specifically Attachments A-C, represent the entire agreement of the City and the Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract. WITNESS THE EXECUTION HEREOF on the day and year first herein above written. WASTE MANAGEMENT OF WASHINGTON, INC. : Dean Kattler, Vice President �720 4` Avenue, Suite 400 Kirkland, WA 98033 CITY OF FEDERAL WAY : Ski� Priest, Mayor PO Box 9718 Federal Way, WA 98063-9718 ATTEST: City Clerk, Carol M. McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson Attachments A. Service Area Map B. Contractor Rates C. Rate Modification Examples D212tEd: 13225 NE 126'" Place Formatted: Superscript Del2t2d: 98034 City of Federal Way 92 September 2011 Solid Waste Collection Contract Attachment A Service Area Map City boundaries as of March 1, 2010 � � �. _ � � " ! i « ., :.= ,�; .c ,. :�, � :._ . , ;���c ,. ��� s :��; : 11�fs nwp i� hMnd�d Amws aaa �icr Y. � &�E�; 1t2 1IM�49 ro ���a �K � �K� 1#� 1 � � 8r ��� Attachment B Rates Effective March 1, 2010 Service Pounds Total Level per Disposal Collection Service Service Level Count Unit Fee Fee Fee Monthly Service 1 32 Gallon Can - One collection per month 23 $ 1.09 $ 5.14 $ 6.23 Weekly 1 10 Gallon Microcan 547 9 $ 1.90 $ 4.33 $ 6.23 Residential 1 20 Gallon Minican/Cart 2,590 13 $ 2.65 $ 6.53 $ 9.18 Curbside 1 32 Gallon Can 4,473 18 $ 3.79 $ 11.30 $ 15.09 Service 1 35 Gallon Cart 3,303 20 $ 4.15 $ 12.66 $ 16.81 (includes 2 32 Gallon Cans/ 1 64 Gallon Cart 5,004 37 $ 7.58 $ 14.96 $ 22.54 embedded 3 32 Gallon Cans/1 96 Gallon Cart 966 55 $ 11.37 $ 18.61 $ 29.98 recycling) 4 32 Gallon Cans - 86 $ 17.73 $ 19.66 $ 37.39 1 E�ra 32 Gallon Can or equivalent 2,813 18 $ 0.87 $ 4.56 $ 5.43 Yard/Food Waste Service 1-96 Gallon Cart (Basic Subscription Service) 10,530 $ 1.23 $ 8.14 $ 9.37 1-64 Gallon Cart $ 1.16 $ 7.71 $ 8.87 1-35 Gallon Cart $ 1.10 $ 7.27 $ 8.37 Extra 96 Gal. YD Cans/Bags (EA) $ 0.23 $ 4.93 $ 5.16 E�ra 96 Gal. YD Cart: disposal+collection $ 1.23 $ 8.14 $ 9.37 Clean/Deodorize YW/FW Cart, including return delivery $ 10.00 Miscellaneous Fees (rates are per month unless shown otherwise below) Return Trip, per pick-up $ 17.11 Drive-in Charge - Weekly service $ 5.68 Redelivery (fee includes all 3 Can/Cart types MSW, YW/FW, 8� Recycle) per delivery $ 20.00 OverweighUOverloaded fee, per can or cart $ 5.43 Res. Services Carry-Out Surcharge per month Fee includes all Residential Can/Cart Services (MSW, YW/FW, & Recycle) $ 2.40 On-Call Appliances (non-refrigerant) 100 $ 4.77 $ 51.47 $ 56.24 Bulky Refrigerator/Freezer 175 $ 29.42 $ 51.67 $ 81.09 Waste Sofa 100 $ 4.77 $ 51.47 $ 56.24 Collection Chair 75 $ 3.57 $ 34.31 $ 37.88 Mattress/Box Springs 50 . $ 2.38 $ 34.30 $ 36.68 Tires: Auto/Light Truck 35 $ 1.66 $ 17.13 $ 18.79 Bus/Heavy Truck 70 $ 3.33 $ 17.14 $ 20.47 Add'I for Rims or Wheels 15 $ 0.72 $ 12.56 $ 13.28 Miscellaneous, per cubic yard 500 $ 23.80 $ 61.91 $ 85.71 Temporary Detachable Container Service - all customers Temporary Temporary 1 Yard Container 122 $ 5.78 $ 24.75 $ 30.53 Container Daily Rent $ 1.23 Services Delivery Fee $ 37.45 All Custome Temporary 7.5 Yard Container 183 $ 8.67 $ 27.77 $ 36.44 and Sectors) Daily Rent $ 1.23 Delivery Fee $ 37.45 Temporary 2 Yard Container 243 $ 11.56 $ 34.65 $ 46.21 Daily Rent $ 1.23 Delivery Fee $ 37.45 Temporary 3 Yard Container 365 $ 17.34 $ 48.53 $ 70.77 Daily Rent $ 1.23 Delivery Fee $ 37.45 Temporary 4 Yard Container 487 $ 23.13 $ 60.86 $ 84.63 Daily Rent $ 1.23 Delivery Fee $ 37.45 Temporary 6 Yard Container 730 $ 34.69 $ 86.51 $ 113.17 Daily Rent $ 1.23 Delivery Fee $ 37.45 Page 1 of 5 Service Level Weekly Weekly Can/Cart Service Multifamily 1 20 Gallon Minican/Cart Can and 1 32 Gallon Can Cart 1 35 Gallon Cart 1 64 Gallon Cart 1 96 Gallon Cart E�ra 32 Gallon Can/Bag each lulti-Family 8 Miscellaneous Fees (rates are ep r mor Commercial Return Trip, per pick-up Redelivery Fee, per delivery Roll-Out Container >5', per eac Unlock Container (no lock fees Gate Opening Steam Cleaning (per yard) Clean/Deodorize YW/FW Cart, MF & Comm 1 96 Gallon Cart, weekly Organics 1 96 Gallon Cart, twice weekly All other Oraanics and SSR f Detachable 1 pickup/week.container Container 2 pickups/week/containe 3 pickups/week/containe 4 pickups/week/containe 5 pickups/week/containe 1.5 Cu. Yd. Uncompact 1 �ickuo/week.container 1 pickup/week.container 2 pickups/week/containe 3 pickups/week/containe 3 Cu. Yd. Uncompactec 1 pickup/week.container 2 pickups/week/containe 3 pickups/week/containe 4 pickups/week/containe 5 pickups/week/containe 4 Cu. Yd. Uncompacte< 1 �icku�/week.container to Attachment B , 2010 Service Pounc Level per Count Unit 742 87 6 18 20 37 55 18 Total Disposal Collection Service Fee Fee Fee $ 2.65 $ 9.90 $ 12.55 $ 3.79 $ 10.64 $ 14.43 $ 4.15 $ 11.92 $ 16.07 $ 7.58 $ 13.97 $ 21.55 $ 11.37 $ 17.28 $ 28.65 $ 0.87 $ 4.33 $ 5.20 $ 5.18 $ 45.67 �reafter $ 26.11 containers) $ 9� $ 9.75 $ 5.18 ;livery $ 10.00 $ 1.23 $ 8.14 $ 9.37 $ 2.46 $ 16.28 $ 18.74 Levels are subject to Rate Cap per Agreement 3 122 $ 25.05 $ 64.24 $ 89.29 - 243 $ 50.10 $ 115.04 $ 165.14 - 365 $ 75.15 $ 165.86 $ 241.01 - 487 $ 100.20 $ 216.65 $ 316.85 - 609 $ 125.25 $ 267.45 $ 392.70 3 183 $ 37.57 $ 80.73 $ 118.30 - 365 $ 75.14 $ 153.64 $ 228.78 - 548 $ 112.71 $ 221.91 $ 334.62 - 730 $ 150.28 $ 290.22 $ 440.50 - 913 $ 187.85 $ 358.48 $ 546.33 17 243 $ 50.10 $ 106.46 $ 156.56 14 487 $ 100.20 $ 192.21 $ 292.41 1 730 $ 150.30 $ 277.96 $ 428.26 - 974 $ 200.40 $ 363.70 $ 564.10 - 1217 $ 250.50 $ 449.47 $ 699.97 22 365 $ 75.16 $ 137.18 $ 212.34 32 730 $ 150.32 $ 248.20 $ 398.52 7 1095 $ 225.48 $ 359.21 $ 584.69 - 1461 $ 300.64 $ 470.23 $ 770.87 - 1826 $ 375.80 $ 581.25 $ 957.05 43 487 $ 10021 $ 162.29 $ 262.50 54 974 $ 200.42 $ 294.85 $ 495.27 9 1461 $ 300.63 $ 427.38 $ 728.01 - 1947 $ 400.84 $ 559.95 $ 960.79 1 2434 $ 501.05 $ 692.47 $ 1,193.52 Page 2 of 5 Attachment B Rates Effective March 1, 2010 Service Pounds Total Level per Disposal Collection Service Service Level Count Unit Fee Fee Fee 6 Cu. Yd. Uncompacted 1 pickup/week.container 23 730 $ 150.31 $ 216.04 $ 366.35 2 pickups/week/container 15 1461 $ 300.62 $ 394.07 $ 694.69 3 pickups/week/container 16 2191 $ 450.93 $ 572.12 $ 1,023.05 4 pickups/week/container - 2921 $ 601.24 $ 750.15 $ 1,351.39 5 pickups/week/container - 3651 $ 751.55 $ 928.16 $ 1,679.71 8 Cu. Yd. Uncompacted 1 pickup/week.container 15 974 $ 200.41 $ 257.50 $ 457.91 2 pickups/week/container 23 1947 $ 400.82 $ 469.72 $ 870.54 3 pickups/week/container 9 2921 $ 601.23 $ 681.93 $ 1,283.16 4 pickups/week/container - 3895 $ 801.64 $ 894.14 $ 1,695.78 5 pickups/week/container - 4868 $1,002.05 $1,106.34 $ 2,108.39 Multi-family Compacted 1 Cu. Yd. Container 609 $ 125.26 $ 129.22 $ 254.48 1.5 Cu. Yd. Container 913 $ 187.89 $ 167.23 $ 355.12 2 Cu. Yd. Container 1217 $ 250.52 $ 220.98 $ 471.50 3 Cu. Yd. Container 1826 $ 375.78 $ 293.18 $ 668.96 4 Cu. Yd. Container 2434 $ 501.04 $ 355.84 $ 856.88 6 Cu. Yd. Container 3651 $ 751.55 $ 487.20 $ 1,238.75 Additional Collection services Extra pickups (Month/y rate for 1 pickup/week/container size above divided by 4.33) Extra loose cubic yard, per pickup 122 $ 5.78 $ 18.61 $ 24.39 Page 3 of 5 Attachment B March 1, 2070 � Level per Disposal Collection Service Count Unit Fee Fee Fee Weekly Weekly CanlCart Service Commercial 1 10 Gallon Microcan Can and 1 20 Gallon Minican Cart 1 32 Gallon Can 1 64 Gallon Cart 1 96 Gallon Cart Extra 32 Gallon Can/Bag e Commercial 7 Cu. Yd. Uncompacted Detachable 1 pickup/week.container Container 2 pickups/week/container 3 pickups/week/container 4 pickups/week/container 5 pickups/week/container 1.5 Cu. Yd. Uncompacte< 1 pickup/week.container 2 �ickuos/week/container 2 Cu. Yd. Uncompacted 1 pickup/week.container 2 pickups/week/container 0 1[A 5 pickups/week/container 4 Cu. Yd. Uncompacted 1 pickup/week.container 2 pickups/week/container 3 pickups/week/container 4 pickups/week/container 5 pickups/week/container 6 Cu. Yd. Uncompacted 1 pickup/week.container 2 pickups/week/container 3 pickups/week/container 4 pickups/week/container 5 pickups/week/container 6 pickups/week/container 8 Cu. Yd. Uncompacted 1 pickup/week.container 2 pickups/week/container 3 pickups/week/container 4 pickups/week/container 5 pickups/week/container Commercial Compacted 1 Cu. Yd. Container 1.5 Cu. Yd. Container 2 Cu. Yd. Container 3 Cu. Yd. Container 4 Cu. Yd. Container 6 Cu. Yd. Container Additional Collection services Extra pickups (Month/y rate for 1 Extra loose cubic vard, per picku i � � � � � � � � � � � � � � � � � � � � � � 14 7 1 80 38 24 5 3 53 40 17 62 37 24 3 ��� -� -� -� -� -� -� -... -. .-.. $ 5.78 I$ 13.11 I$ 18.89 6 $ 1.33 $ 11.52 $ 12.84 13 $ 2.65 $ 11.19 $ 13.84 18 $ 3.79 $ 11.58 $ 15.37 37 $ 7.58 $ 14.92 $ 22.50 55 $ 11.37 $ 18.24 $ 29.61 18 $ 0.87 $ 4.33 $ 5.20 122 $ 25.05 $ 50.42 $ 75.47 243 $ 50.10 $ 87.53 $ 137.63 365 $ 75.15 $ 124.68 $ 199.83 487 $ 100.20 $ 161.81 $ 262.01 609 $ 125.25 $ 198.94 $ 324.19 183 $ 37.57 $ 62.65 $ 100.22 365 $ 75.14 $ 108.43 $ 183.57 548 $ 112.71 $ 154.16 $ 266.87 730 $ 150.28 $ 199.94 $ 350.22 913 $ 187.85 $ 245.68 $ 433.53 243 $ 50.10 $ 74.93 $ 125.03 487 $ 100.20 $ 129.27 $ 229.47 730 $ 150.30 $ 183.66 $ 333.96 974 $ 200.40 $ 238.00 $ 438.40 1217 $ 250.50 $ 292.37 $ 542.87 365 $ 75.16 $ 99.94 $ 175.10 730 $ 150.32 $ 174.01 $ 324.33 1095 $ 225.48 $ 248.03 $ 473.51 1461 $ 300.64 $ 322.07 $ 622.71 1826 $ 375.80 $ 396.10 $ 771.90 487 $ 100.21 $ 119.40 $ 219.61 974 $ 200.42 $ 209.36 $ 409.78 1461 $ 300.63 $ 299.32 $ 599.95 1947 $ 400.84 $ 389.28 $ 790.12 2434 $ 501.05 $ 479.21 $ 980.26 730 $ 150.31 $ 161.83 $ 312.14 1461 $ 300.62 $ 286.03 $ 586.65 2191 $ 450.93 $ 410.21 $ 861.14 2921 $ 601.24 $ 534.41 $ 1,135.65 3651 $ 751.55 $ 658.60 $ 1,410.15 4382 $ 901.86 $ 782.81 $ 1,684.67 974 $ 200.41 $ 191.98 $ 392.39 1947 $ 400.82 $ 339.12 $ 739.94 2921 $ 601.23 $ 486.23 $ 1,087.46 3895 $ 801.64 $ 633.35 $ 1,434.99 4868 $1,002.05 $ 780.46 $ 1,782.51 609 $ 125.26 $ 119.08 $ 244.34 913 $ 187.89 $ 152.62 $ 340.51 1217 $ 250.52 $ 186.20 $ 436.72 1826 $ 375.78 $ 254.48 $ 630.26 2434 $ 501.04 $ 311.54 $ 812.58 3651 $ 751.55 $ 432.74 $ 1,184.29 Page 4 of 5 Attachment B , 2010 Service Pounds Total Level per Disposal Collection Service Service Level Count Unit Fee Fee Fee Level Daily Monthly Delivery Haul Service Level (based on pick ups) Count Rent Rent Charge Charge Multi-Family Noncompacted Service Drop-box 10 Cu. Yd. Container 1 $ 34.85 $ 160.36 Collection 20 Cu. Yd. Container - $ 40.60 $ 179.22 25 Cu. Yd. Container 1 $ 46.34 $ 188.68 30 Cu. Yd. Container 1 $ 52.04 $ 198.10 40 Cu. Yd. Container 10 $ 63.48 $ 216.98 Noncompacted Service-Temp. 10 Cu. Yd. Container - $ 1.40 $ 37.45 $ 188.68 15 Cu. Yd. Container - $ 1.66 $ 37.45 $ 198.10 20 Cu. Yd. Container - $ 1.96 $ 37.45 $ 207.52 25 Cu. Yd. Container - $ 2.26 $ 37.45 $ 216.98 30 Cu. Yd. Container 1$ 2.55 $ 37.45 $ 226.41 40 Cu. Yd. Container - $ 2.82 Compacted Service 15 Cu. Yd. Container 0 20 Cu. Yd. Container - 25 Cu. Yd. Container 3 30 Cu. Yd. Container 4 35 Cu. Yd. Container 10 40 Cu. Yd. Container 2 Note: Delivery Charges only apply to the initial delivery of temporary containers. They do not apply to dump and return of temporary containers. Commercial Service Level (based on pick ups) Drop-box Noncompacted Service Collection 10 Cu. Yd. Container - 20 Cu. Yd. Container 8 25 Cu. Yd. Container 2 30 Cu. Yd. Container 13 40 Cu. Yd. Container 3 Noncompacted Service-Temp. 10 Cu. Yd. Container 1 $ 1.40 15 Cu. Yd. Container 1$ 1.66 20 Cu. Yd. Container 1$ 1.96 25 Cu. Yd. Container 1$ 2.26 30 Cu. Yd. Container 2$ 2.55 40 Cu. Yd. Container 1$ 2.82 Compacted Service 10 Cu. Yd. Container 2 15 Cu. Yd. Container 7 20 Cu. Yd. Container 6 25 Cu. Yd. Container 10 30 Cu. Yd. Container 23 35 Cu. Yd. Container 5 40 Cu. Yd. Container 8 Note: Delivery Charges only apply to the initial delivery of temporary containers. They do not apply to dump and return of temporary containers. Additional Additional Services Services & Additional Mileage Charge Hourly Rates For Hauls to Other Sites - applies only to mileage over 10 miles each way Charge Per Mile Solid Drop-box Lid - Additional Charge (per month) Steam Cleaning (per Cu.Yd.) including return delivery after cleaning Stand-By Time (per minute) > 5 minute wait Hourly Rates Rear/Side Load Packer & Driver Front Load Packer 8� Driver Drop Box Truck & Driver $ 200.00 $ 209.40 $ 218.86 $ 228.26 $ 235.95 $ 247.17 $ 34.28 $ 141.44 $ 39.99 $ 141.44 $ 45.73 $ 141.44 $ 51.43 $ 141.44 $ 62.86 $ 141.44 $ 37.45 $ 169.79 $ 37.45 $ 169.79 $ 37.45 $ 169.79 $ 37.45 $ 169.79 $ 37.45 $ 169.79 $ 37.45 $ 169.79 $ 171.67 $ 171.67 $ 171.67 $ 171.67 $ 171.67 $ 171.67 Total $ 2.26 $ 22.86 $ 4.54 $ 105.18 $ 105.18 $ 105.18 $ 57.17 Page 5 of 5 Attachment C Rate Modification Examples The collection and disposal components of the Customer charges listed in Attachment B will be adjusted separately, as appropriate. The collection component of Customer charges will be adjusted annually, pursuant to this Section and as described below. The disposal component of the Customer charges listed in Attachment B will be adjusted only if the City receives notification from the County of a pending disposal fee adjustment, and will not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are provided as follows: Collection Component Adjustment The collection component listed in Attachment B will be increased or decreased by the amount of the CPI change: NCC = PCC x 1+ nCPI — oCPI oCPI Where NCC = The new collection charge component of the customer rate for a particular service level; and PCC = The previous collection charge component of the Customer rate for a particular service level; and nCPI = The most recent August CPI value; and oCPi = The CPI value used for the previous rate adjustment or, in the case of the first contract adjustment, the CPI value reported at the end of August 2010. Disposal Component Adjustment In the case of a disposal fee modification at County disposal facilities, the disposal component of each service level will be adjusted as follows: Step 1: A = ODC x NTF OTF Step 2: NDC = A+[(A — ODC) x CETR] Where NDC = The new disposal charge component of the customer rate for a particular service level; and City of Federal Way Attachments September 2011 NTF = The new disposal fee, dollars per ton; and ODC = The old disposal charge component of the customer rate for a particular service level; OTF = The old disposal fee, dollars per ton; and A = Pre-excise taac adjusted disposal component; and CETR = Current excise tax rate (the current State excise tax rate; 0.015 used for this example). For example, using the initial one 32-gallon can rate of $15.09 per month: if the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase from $95 to $105 per ton starting on March 1, 2011, the old disposal component is $3.79, and the State Excise Tax rate is 0.015, the March 2011 Customer charge for one 32-gallon can per week Residential Curbside service would be: (144.3 —143.2) New Collection Component = $11.30 x [1 + ] _ $1139 143.2 New Disposal Component =[3.79 x(105 / 95)] plus excise tax adjustment of $0.01 = $4.20 Thus, the new Customer charge for one 32-gallon can per week Residential Curbside service will be $11.39 plus $4.20, equaling $15.59. Monthly City Fee Adjustment The monthly City administrative fee will be adjusted in a similar format to the collection component adjustment described above. For Example: New Monthly City Fee = $22��20.00 x 1.0768 =$24,464.90 City of Federal Way Attachments September 2011 COUNCIL MEETING DATE: September 6, 2011 ITEM #:�_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON AUTO THEFT PREVENTION AUTHORITY(WATPA� INTERAGENCY AGREEMENT SPECIFIC TERMS AND CONDITIONS; AUTO THEFT PREVENTION GRANT PROGRAM Po1,�CY QuEST1oN: Should the City Of Federal Way, Federal Way Police Department continue to participate in the Auto Theft Prevention Grant Program. COMMITTEE: FEDRAC CATEGORY: � Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Commander Steve Neal Attachments: MEETING DATE: August 23, 2011 ❑ Public Hearing ❑ Other DEPT: Police The Washington Auto Theft Prevention Authority (WATPA) has approved an award of 1.6M for the fiscal two year period of July 2011, thru June 2013, for Preventing Auto Theft through Operational Links (P.A.T.R.O.L.). The P.A.T.R.O.L. Task Force is a regional auto theft task force comprised of 17 King County Agencies. The Federal Way Police Department would continue to provide the First Line Supervision for the program, as well as, support from the Bait Car Program. The grant provides reimbursement for the wages and benefits for the Lieutenant position to the extent of the contract language. The grant award is effective July l, 2011 and expires on June 30, 2013. This continuing program is comprised of; 1 Supervisor 4 Detectives, 1 Crime Analyst; I Prosecutor; 1 Paralegal; 1 AFIS vehicle. The task force continues to be housed in the facility provided by the Des Moines Police Department located at 272" and Pacific Highway in Des Moines. The Kent Police Department will continue to assume the fiscal responsibility. Options Considered: 1. Approve the staff recommendation to accept and continue participation in the Auto Theft Prevention Grant Program, and forward to the September 6, 2011, City Council Consent Agenda. 2. Deny approval and provide staff with further direction. MAYOR'S RECOMMENDATION: Otion 1 MAYOR APPROVAL: DIRECTOR APPROVAL: � nm ' t e � Coun .... ��g/��/ii coun�i� COMMITTEE RECOMM�ENDATION: I move to forward the proposed WATPA Interagency Agreernent to the September 6, 2011 consent agenda for approval. � ,� �� � _ Cet e Chair �� �� PROPOSED COUNCIL MOT10N: "I move approval of the WATPA Interagency Agreement, effective July 1, 2011 through June 30, 2013 with a total compensation of 1.6M and authorize Chief of Police Brian Wilson to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 5T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinnnces on[y) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # ��HING�`(�N AUTO THEFP PRE�TTION AUTHOI�IT� WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS 3060 Wiliamette Drive NE, Lacey, WA 98516 � Phone: (360) 292-7900 — Fax: (360) 292-7269 � Website: http://watpa.waspc.org Tom Corzine, WATPA Executive Director `preventing and reducing motor vehicle theft and associated crime in the State of Washington" ,tt��;: �- May 17, 2011 GRANT PROGRAM INTRODUCTION & APPLICATION July 1, 2011 - June 30, 2012 AUTO THEFT REDUCTION GRANTS The Washington Auto Theft Prevention Authority (WATPA) pursuant to RCW 46.66.080 has authorized the distribution of WATPA funds for the continuation of current grantees for the 2011 — 2012 (July 1, 2011 — June 30, 2012) year that have demonstrated efficient and effective utilization of WATPA grant resources. The Authority will also be considerate of the following: • Stated goals, objectives and performance measures achieved are consistent with the mission of the Washington Auto Theft Prevention Authority. "preventing and reducing motor vehicle thefts and other associated crime in the State of Washington. " • Previously funded projects have been in compliance with award requirements including timely, accurate submission of reports and no reportable deficiencies during site visits or program compliance reviews. The request for continued funding may be at the same level as current funding, or increased, however the Authority will make the final determination. As a reminder the grant funds must be used to prevent and reduce vehicle theft through the development and implementation of: ■ Effective law enforcement investigation/enforcement/prosecution programs. ■ Prevention/public awareness/community education projects. ■ Equipment/technology related to auto theft prevention and reduction. ■ Training directly related to motor vehicle theft initiatives. The deadline for submission of applications is June 8� 2011, 5:OQ p.m. An electronic copy of the application must be submitted to WATPA by the application deadline and will not be accepted after the deadline. An original signature page is required either by mail or hand delivered within 5 days of electronic submission. Washington Auto Theft Prevention Authority Page 1 ��HINGTt�N AU'r0 THEFT PRE�ENTIQN ATJTHQRITS� ���,�� �, . To ensure that your project/program foilows the grant criteria, please review the foliowing guidelines: ALLOWABLE COSTS INVESTIGATION/APPREHENSION/PROSECUTION • Personnel and overtime for motor vehicle theft analysis, motor vehicle theft criminal investigations, and prosecution of offenders. • Law enforcement equipment and technology to be used for vehicle theft investigations such as bait cars, tracking devices, license plate readers, cameras, data systems, etc. • Operational and administrative expenses. (no indirect rate is allowed — administrative costs that can be directly attributed to the grant may be allowed) • Confinement costs. • Training for equipment to be used for vehicle theft investigations. • Other costs as may be required to successfully implement the proposed program. PUBLIC AWARENESS: • Overtime for prevention/public awareness/community education events (no FTE positions will be funded). • Equipment to be used for prevention/public awareness/community education events. • Promotional materials. • Operation and administrative expenses. PROHIBITED USE OF FUNDS • WATPA funding must supplement and not supplant agency funding, • Requests for equipment to be used for other crimes or public awareness activities other than vehicle theft must document prorated cost share for percentage of time to be used on other activities. • FTE positions for public awareness. EQUIPMENT All agencies are required to comply with the procurement policies and procedures of their respective jurisdictions. For purposes of determining reasonable costs for grant awards, equipment requests that exceed $1,000 must be accompanied by three (3) bids. REPORTING REQUIREMENTS Applicants are required to submit quarterly performance reports to the Authority and cooperate fully in any evaluation efforts required. Applicants whose proposals are approved are required to allow the Authority or its duly authorized representative's access to and the right to examine any books, documents, papers, records, and other evidence of activities conducted pursuant to awards. Washington Auto Theft Prevention Authority Page 2 F�AIS�HTNt,�TQN AUTO TI�EIrT PREYENTIQN AT7THQRITY� RE-APPLICATION REVIEW PROCESS The approval of a re-application request will be based on the review of all applications received, the greatest need, and the total amount of all funding requests. The following criteria are mandatory for application acceptance: 1. Was the application received on time? (yes/no) 2. Was the application signed by an authorized official? (yes/no) 3. Does the application state that the agency (law enforcement agencies only) reports motor vehicle theft information to UCR/NIBRS and WACIC? (yes/no) APPEALPROCESS The decisions regarding approval, denial or modification of all grant applications rests with the Washington Auto Theft Prevention Authority members. The decisions of the Authority are final. GRANT CONTRACTS AND FUNDING Grant award notification letters which will include the effective award date will be emailed immediately after the WATPA final approval and will include an original grant award agreement. The agreement with original signatures is to be returned to the office of the Washington Auto Theft Prevention Authority no later than thirty (30) days after receipt. We recognize that some agencies may have a longer approval process, so a 30-day extension on returning signed contracts may be requested. If the signed contract has not been received within the thirty (30) days the Authority may cancel the grant award. All grant funds will be disbursed on a reimbursement basis and will be processed upon receipt of monthly invoices for ongoing programs or an invoice for one-time purchases. Washington Auto Theft Prevention Authority Page 3 �AISHINGTQN AUTO THEFT FR,Ej�T'!`IQN AUTHQRITY Auto Theft Grant Program Grant Re-Appiication Requirements: 1. Grant re- application must be submitted by 3:00 p.m. on June 8, 2011 2. An electronic copy of application (beginning with page 5) of this document, must be submitted to the Washington Auto Theft Prevention Authority by the deadline. One original signature copy of page 5 must be mailed or hand delivered to the WATPA office within 5 days of application deadline. 3. Incomplete applications will be disqualified. 4. Authorized Official signature (page 5) not received within 5 days of application deadline may be disqualified.. 5. Direct Inquiries to: Cynthia Jordan, Administrative Assistant Washington Auto Theft Prevention Authority Phone: 360-292-790Q E-mail: cjordan@waspc.org 6. Please deliver or mail original signed copy to: Grant Programs Washington Auto Theft Prevention Authority 3060 Witlamette Dr. NE, Suite 1q1 Lacey, WA 98516 Send electronic copy via e-mail attachment to: Cynthia Jordan WATPA Administrative Assistant cjordan(a�waspc.orq Washington Auto Theft Prevention Authority Page 4 �ASHING�`UN AIJ'1`Q THE�T PRE�NTIQN AUTHQRI'1`� Supplement/Continuation of original grant � Grant Agency: Name of Agency: Federal Way Police Department Mailing Address: 33325 8 Ave South Federal Way, WA 98063-9718 For the Fiscal Year Beginning July 1, 2011-- Ending June 30, 2012 Grant Program: � Motor Vehicle Theft Reduction Project Title: PATROL Task Force Multiple Agency Request � Single Agency Request ❑ WATPA FUNDS BUDGET: WATPA Funds y�ATPA Use Only WATPA Use Only Requested Staff Authority Recommendations A proved A. Personnel 681897.00 B. Emplo ee Benefits 267437.00 C. Consultants/Contracts 2000.00 D. Travel/Trainin 9093.00 E. Other Ex enses 41130.00 F. E ui ment/Technolo 0.00 G. Prosecution 0.00 H. Confinement 0.00 Total: 1,001,557.00 0.00 0.00 To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the chief executive of the applicant and the applicant will comply with the attached assurances and the terms of the qrant contract Name of Authorized Official: 6. Wilson Date: Signature of Authorized Official: Title:: Chief Phone:253-835-6701 For WATPA Use Only: WATPA Authorized Signature Date Washington Auto Theft Prevention Authority Page 5 WASHING�`QN �li1TQ THEI� PRE�NTIQN AU�HQRI�PY Executive Director Comments: Applicant Contact Information For the purposes of administering a grant, WATPA requires that three persons be designated to the positions of Authorized Official, Project Director and Financial Officer. The Project Director and the Financial Officer may not be the same person, but under extenuating circumstances, one person may otherwise fill two positions. APPLICANT AGENCY: Federal Way Police Department PROJECT TITLE: PATROL Task Force Project Manager Financial Officer/Grant Administrator Paul Cline Debra LeRoy FIRST NAME LAST NAME Investigations Division Commander Title/Position 1055 S Grady Way Mailing Address (Street or P. O. Box) Renton WA 98057 City State Zip 425-430-7506 FIRST NAME LAST NAME Research and Development Analyst Title/Position 220 4th Avenue S Mailing Address (Street or P. O. Box) Kent WA 98032 City State Zip 253-856-5856 253-856-6803 Telephone Fax Telephone Fax Pcline@rentonwa.gov dleroy@ci.kent.wa.us _. _. _ _ _ _. E-mail E-mail The Authorized Official is the Chief Executive Officer, or designee of the Agency. Authorized Official Brian Wilson _ .... .. ... .... .... . _... .......... _.. ...._ . _... ..... FIRST NAME LAST NAME Chief of Police _ ................................................................................_..........................................................................................._..................................... _..................... ...._.. ..............._......_...... .............. Title 33325 8th Avenue South ..... .. . ................................................................ ........... ... .. _.. ....... .... . _................ . ............. _ ...... . _ __ ... _.. . Mailing Address (Street or P. O. Box) Federal Way WA 98003 .. . __..... ..... . . ..... .. _........ . City State Z�p Washington Auto Theft Prevention Authority Page 6 �ASHING�`4N AU`i`4 T`H�F� FREVENTION AUTHORTT� 253-835-6701 _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone - Fax , , bri n.wilson@cityoffederalway.com � ..... ................................ ........................... ........................ .5���1S�1 .. C . c '",�t....�}.�. � .................................... Please provide all data that is available for your agency or agencies: Vehicle Theft Data 2008 2009 2010 Number of Stolen Vehicles 5329 3866 4943 4770 2085 4058 Number of Recovered Vehicles Number of Felony Arrests Number of Convictions 187 220 1 ;hop Shops Investigated � Bait Vehicle Program Data 2008 2 Number of Bait Cars available Number of Bait Car Deployments Number of WATPA Funded 265 0 14 118 241 0 2009 3 6 1 1 194 0 2010 3 14 3 0 J Page 7 � Number of Arrests Washington Auto Theft Prevention Authority W�I�HINGTQN AUTQ �`HE� PREYEN'�TQN AUTHtI�RITY Number of Activations License Plate Readers Data 2008 2009 2010 0 0 0 Number of Fixed S tems 2 5 5 Number of Mobile S stems 458 5 13 Number of Shifts de lo ed 2500 1700 Number of Scans er Shift 62 7 131 Number of Vehicles Recovered 0 7 19 Number of Arrests Washington Auto Theft Prevention Authority Page 8 �ASHING�4N AUTQ THEF� FREVENTTQN AUTHQI�I�Y Brief Budgefi Narrative PERSONNEL, OVERTIME and/or BENEFITS The PATROL Task Force requests to reinstate one FTE detective. Over the past year, the agencies within the Task Force jurisdiction have begun sending an increasing number of referrals and cases for further investigation by the Task Force. Due to current budgetary constraints, many agencies are forced to reduce their investigative caseload and are looking at the Task Force to take over some of their auto theft caseloads. Additionally, the number of prolific auto thieves and complex investigations has increased over the past three years. Overtime is required to coordinate investigations, especially when coordinating with partner agencies. The task force benefited from the crime analyst this past year. The crime analyst coordinates ongoing crime trend and inteltigence information from partner agencies and other county task forces. The crime analyst allows the task force to disseminate intelligence information to partner agencies to support regional auto theft prevention and arrests of auto theft suspects. The King County Prosecutor staff is budgeted to cover 2/3 time for a dedicated Deputy Prosecutor and 1/2 time Paralegal to support preparation of successful prosecutions. CONSULTANTS/CONTRACTS (Describe anticipated use of consultants and contracts.) Consultant costs allow us to maintain the ALPR equipment. ($2,000) TRAVEL/TRAINING We will send three task force members to the national LCI Auto Theft Investigation training. We budgeted for travel, lodging and meals to the San Diego conference location. We used the federal per diem rate for meals in San Diego. Airfare/baggage fees $855 x 3 people =$2,565 Rental car $500/week = $500 Lodging $150/room x 3 rooms x 5 nights =$2,250 Meals $71/day x 6 days x 3 people =$1,278 Conference registration $150/person x 3 people =$450 We also budgeted for task force members to attend the WATPA Annual Meeting ($1,000). OTHER EXPENSES NARRATIVE (Describe other expenses and how they relate to the project.j Other expenses include estimated costs based on tfie first three years: Buy money supports auto theft investigations and is used to pay informants for information on criminal activity. Dissemination of these funds will be tracked with established record keeping procedures. ($10,000) Tow bill charges cover towing recovered vehicles requested by task force detectives. ($1,500) Verizon charges cover pole cam and bait car monitoring. ($1,700) Cell phone and aircard service is budgeted for 6 task force members (supervisor and 5 detectives). ($8,150) Task force office utilities/maintenance is budgeted at $1,000/month x 12 months =$12,000. Office supplies cover paper, pens, envelopes, printer toner and miscellaneous supplies. ($1,000) Washington Auto Theft Prevention Authority Page 9 �ASHIN��4N AU'1`Q �`HEFr FREV]CNTIQN AUTHORITY Bait car maintenance costs increased slightly in 2010. ($500) WASATI membership dues for 3 ensure that the task force has access to current training opportunities. ($60) The additional task force officer requires startup equipment including a radio, air card ,cell phone and a jacket. ($3,500) Miscellaneous supplies and costs are budgeted at $1,000. These may include cell phone transmission subpoenas related to investigations, maintenance of photocopier and/or keys. ($1,000) EQUIPMENT/TECHNOLOGY (Briefly describe anticipated equipmentltechnology purchases and how they will relate to the project) Applicant agencies are required to comply with the procurement policies of their jurisdictions. N/A PROSECUTION/COURT (Costs other than personnel and fringe benefits, which shou/d be inc/uded in Section A- Personnel) N/A CONFINEMENT (Estimated expenses for confinement of arrested and convicted motor vehicle thieves in local jails - do not include costs of confinement in state institutions) N/A Washington Auto Theft Prevention Authority Page 10 �ASHING�`QN AUTQ THEFr FREVENTION AUTH4RTTY Program Narrative Describe any significant achieved goals and outcomes of the project. The PATROL Task Force continues to build on the foundation described in it's acronym-Preventing Auto Theft through Regional and Operational Links (PATROL). Many arrests and convictions result from the regional information sharing network and partnerships PATROL participates in with other auto theft task forces and law enforcement agencies in King and Pierce County. PATROL has expanded regional auto theft investigation assistance to other counties, including Thurston and Kitsap. The reinstatement of a crime analyst dedicated to the task force has resulted in arrests related to three investigations in just the first quarter of 2011. Bulletins prepared and disseminated by the PATROL crime analyst combined with the strong law enforcement partnerships throughout South King and North Pierce County resulted in prompt responses to identify the locations and subsequent arrests of suspects. These arrests have led to further crime intelligence on larger crime rings operating regionally to investigate and put out of business. Operational links expand through local, county, state and federal agencies. Two major cases were filed with the U.S. Attorney's Office in 2010. These federal cases strengthen and promote even more efficient criminal investigations, including one interstate Craig's list case. Describe any major functions and/or activities of this project. A crime analyst was hired in the first quarter of 2011. This position increases the task force's efficiency by compiling regional intelligence on auto theft and other crimes so the detectives can concentrate on investigating auto theft cases. PATROL Task Force detectives presented training classes to local law enforcement agencies in the first quarter of 2011. These classes included the links between auto theft rings and street racers; equipping and utilizing bait cards; and the use of ALPR equipment. Describe how the project impacted your auto theft problem. Auto theft has decreased in King County overall by 4.7% in 2010. Several of the PATROL Task Force partner agencies experienced an increase in auto thefts ranging Washington Auto Theft Prevention Authority Page 11 F�ASHINGTQN AUTQ THE� PRE`�NTI4N AUTHORITY �. : from 6.8% in Des Moines to 65.2% in Burien during 2010. The PATROL task force arrested 20 suspects on 66 charges in the first quarter of 2011. Task Force detectives regularly work with partner agency officers and detectives on local auto theft investigations. Many of these involve other serious crimes. During the first quarter of 2011, detectives prepared and presented training to three agencies dealing with auto theft. Det. Sagiao presented training on auto theft and the racing culture to sworn personnel at Kent PD and Federal Way PD. This involved 10-three hour classes to approx. 200 individuals. Det. Sagiao also taught this class to personnel from Pierce County agencies and on four occasions to approx. 80 individuals. Det. Tibeau then presented training on the ALPR and bait cars to all sworn personnel at Renton PD. This consisted of 8 classes to 124 individuals. Both training was well received and complimented on its thoroughness and knowledge base. The following is an overview of an ongoing investigation that demonstrates how this task force impacts auto theft crimes far beyond our local region. The PATROL task force was instrumental in recovering the stolen vehicle from an Edmond's burglary and arresting the suspect. This arrest resulted from a crime bulletin prepared and disseminated by the task force's crime analyst. This arrest led to leads on an Ukranian auto theft/burglary ring operating in South King and North Pierce counties. The crime analyst prepared a crime bulletin from this information that resulted in four arrests within one week of disseminating the bulletin. This investigation is ongoing. Describe the functions of significant personnel involved. The Project Manager oversees the operations of the task force and communicates project progress to participating PATROL partners. Project Manager project time is an in kind match for the WATPA funding. The Financial Officer/Grant Administrator oversees the fiscal management of the grant funding to ensure compliance with grant requirements and her time is also an in-kind match. The part-time accounting technician manages the budget, processes requests for reimbursement for partners and purchasing of equipment; and prepares WATPA invoices for grant reimbursement requests. The PATROL supervisor manages the day to day operations and investigations of the task force. He maintains records of investigations and task force activities. The PATROL supervisor prepares the quarterly progress reports for submission to WATPA. Washington Auto Theft Prevention Authority Page 12 �AISHINGTQN AUTO THE�T PREYENTIQN AUTHQRITY �. � The task force detectives are assigned to one of three sectors within the participating PATROL jurisdictions. These detectives are veteran police officers selected based on their expertise and initiative to conduct thorough investigations that will lead to successful prosecutions. The AFIS truck and King County AFIS technicians are available to respond to crime scenes throughout the participating PATROL jurisdictions to lift prints to support-successful prosecution filings. The PATROL Auto Theft Task Force is requesting funding above its current level to add an additional detective. Not only would the additional detective assist the current detectives with the increasing caseload, but he/she would be able to provide increased officer safety during investigations, better networking for the Task Force and WATPA, and more consistent coverage. Currently, there are times when detectives conduct site surveillance on an individual basis when suspect contact is unlikely due to only having four detectives. The additional detective would allow surveillance to be done in teams more often and increase the safety of the detectives. Also, the additional detective would allow more consistent coverage to continue investigations when detectives take time off or are in training. The WATPA funded King County Prosecutor works closely with the task force and Pierce County Prosecutors on comples cases. King County Prosecutors attend the monthly task force Executive Board meetings. This expanded networking has resulted in enhanced sentencing ranging up to 147 months on one investigation. This has contributed to keeping prolific criminials incarcerated and unable to commit further crimes on additional victims. Describe how the auto theft crime prevention, education and training, benefited the project/program. The partner agencies distributed The Club to Honda car owners during this grant cycle. Public Service announcements were published in local newspapers in May 2010. These announcements also attracted owners of other types of vehicles. These owners were able to purchase The Club from the Kent Police Foundation. These activities armed the public with a valuable auto theft prevention tip and tool. Please include other narrative that supports your project successes or progression. Washington Auto Theft Prevention Authority Page 13 �ASHINGT�N AU`rQ THEFr PRE`'ENTIQN AI�HORITY In the middle of July 2010, the Task Force began working a case involving a stolen vehicle recovered in Kent that was sold on Craigslist. During the investigation, it was discovered that multiple agencies were affected by this group and involved many jurisdictions. The Task Force joined efforts with Seattle PD and the WSP Auto Theft unit from Bellevue to conduct the investigation. This investigation has now gained the support of the US Attorney's Office for federal prosecution and agents from the FBI are working the case also. In total, over 25 vehicles have been identified as being stolen and sold in this investigation between Oregon and Washington. At the end of July, the Task Force obtained information involving a theft ring in Thurston County. Detectives contacted Thurston County sheriff detectives and conducted a joint operation/search warrant on the suspect property, which consisted of 83 acres. In total 6 stolen vehicles were recovered, 3 stolen firearms were recovered, and numerous items of stolen property from burglaries and prowls throughout the area. The arrested suspect, a convicted felon, was also charged with 10 counts of Unlawful possession of firearm and possession of bomb making materials as a pipe bomb was discovered in the middle of assembly. The suspect has been linked to a larger theft ring and criminal activity in the Yelm/Olympia area and several cases were cleared by this arrest. In September 2010, detectives began an investigation of burglary at a construction company where a Caterpillar skid loader had been stolen and obtained information of its location near Ravensdale. A search warrant was conducted on the property with the suspect attempting to get rid of the skid loader as detectives arrived. From the search warrant, detectives not only recovered the Cat skid loader, but also recovered a stolen mini-excavator, a large flatbed heavy equipment trailer, and two F350 crew cab trucks. The Ford F350s were being used to create a clone for the suspect, which he had licensed to himself. Also, as a result of this search warrant, detectives discovered the suspect was likely stealing electrical power from a nearby power line. In the following months, the same suspect was arrested as he burglarized and attempted to steal a large piece of heavy equipment from a Burien business. Task Force detectives obtained information of the burglary and intercepted the suspect as he left the property. Task Force detectives also filed title fraud charges on this suspect in May 2011 involving DOL paperwork and vehicle licensing. In mid October, the Task Force became involved in an investigation of a prolific auto thief who was stealing multiple cars from across the South King and North Pierce area. He also had committed a home invasion robbery where he shot the victim and an attempted carjacking. Detectives attempted to track him for two weeks and he was eventually arrested in Puyallup during another burglary attempt. Through the investigation, detectives were able to connect the suspect to approximately 20 vehicles and file charges on 15 of them for TMV or PSV. He was also charged with several other crimes including robbery, burglary, and eluding. In December, detectives recovered a hydraulic hammer and trailer which was stolen from Seattle. The hammer was valued at $130,000 and is the only one of its kind on the West Coast. It was being used on the Viaduct project and was returned to the construction company undamaged. Through a search warrant of the phone records and interviews, detectives were able to positively identify and charge the suspect to the theft. During December, detectives investigated a possib�e insurance fraud involving a stolen vehicle. The vehicle was stolen and dumped with the engine and interior missing and all Washington Auto Theft Prevention Authority Page 14 WASHINGT�N AUTO THE� PItE�QN AUTHORITY� exterior pieces damaged with what looked like a sledgehammer. Based on circumstances, it appeared this was an owner give-up to get out of the loan; however, the owner denied any involvement. Through latent prints found in the recovered vehicle, detectives identified a suspect and were able to obtain a full confession. The investigation resulted in three suspects being charged, including the owner and the two persons who parted and disposed of the vehicle. The insurance company had already paid out due to lack of evidence showing fraud on their own investigation, but is now seeking restitution. The PATROL Task Force received a complimentary email from USAA for its work on this case from the company's main headquarters. In middle January 2011, detectives began working on an individual who had a stolen van with swapped plates and was using it to commit residential burglaries in the North Pierce and South King counties. The Task Force worked with DEA in an attempt to arrest the suspect; however, the operation was compromised and cancelled. As the Task Force was obtaining a vehicle tracker warrant, the suspect and accomplice were arrested by Puyallup Police during the commission of another residential burglary. Due to a bulletin put out by our crime analyst on the suspect, the Task Force was notified of the arrest and was able to interview the suspect, obtaining a confession to multiple burglaries throughout the area. In total, the suspect has been charged with over 30 crimes including Burglary, theft, PSV, and identity theft. This suspect recently pled guilty to 147 months of confinement. During the first week of February, Task Force detectives conducted follow-up to a case in Federal Way and discovered the involved vehicle had been stolen from the tow company's lot. A suspect was developed and locations checked for the vehicle. The following day, the suspect was involved in a theft of a BMW from Fife auto dealership and a pursuit with WSP. During this pursuit, the suspect switched vehicles to the one stolen from the tow company and attempted to run over a trooper causing the trooper to respond with gunfire. The suspect was then arrested after being pitted by WSP. Task Force detectives were involved with the WSP/Pierce County investigation and were able to charge the suspect with burglary and TMV for the incident at the tow company. In 2010, the PATROL Task Force arrested 51 persons on 185 charges. It also recovered 120 vehicles valued at over $761,000. In 2011 so far, the Task Force has arrested 33 persons on 86 charges. It has recovered 41 vehicles/3 engines valued at $302,640. Washington Auto Theft Prevention Authority Page 15 Applicant Contact Information For the purposes of administering a grant, WATPA requires that three persons be designated to the positions of Authorized Official, Project Director and Financial Officer. The Project Director and the Financial Officer may not be the same person, but under extenuating circumstances, one person may otherwise fill two positions. APPLICANT AGENCY: Federal Way Police Department PROJECT TITLE: PATROL Task Force Primary Grant Contact Project Manager Debra LeRoy Paul Cline FIRST NAME LAST NAME Research and Development Analyst Title/Position 220 4th Avenue S Mailing Address (Street or P. O. Box) Kent WA , 98032 City State Zip 253-856-5856 253-856-6803 Telephone Fax d leroy@ci. kent.wa. us E-mail FIRST NAME LAST NAME Investigations Division Commander .............. .................................................................................................... Title/Position 1055 S Grady Way _......... Mailing Address (Street or P. O. Box) Renton WA 98057 City State Zip 425-430-7506 Telephone Fax Pcline@rentonwa.gov E-mail Authorized Official Financial Officer/Grant Administrator The Authorized Official is the Chief Executive Officer, or designee of the Agency. Cindy White Brian Wilson FIRST NAME LAST NAME Financial Analyst _.... ...... _.._ .. _ . Title/Position 220 4th Avenue S ...... .. Mailing Address (Street or P. O. Box) Kent WA 98032 C ity 253-856-5873 Telephone cwhite@ci. kent.wa. us E-mail State Zip 253-856-6803 Fax FIRST NAME Chief of Police Title/Position 33325 8th Avenue S LAST NAME Mailing Address (Street or P. O. Box) Federal Way WA C ity State 253-835-6701 .. . ..... ......... ....... Telephone Fax brian.wilson@cityoffederalway.com E-mail N:�� Zip Washington Auto Theft Prevention Authority Page 1 wASHINGTON �UTO THEFr PREVENTION AU'�HORITY WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE, Lacey, WA 98516 � Phone: (360) 292-7900 � Fax: (360) 292-�269 � Website: http://watpa.waspc.org Tom Corcine, WATPA Executive Director ` preventing and r•educing motor vehicle thef} and associated crime in the State of Washington" SupplemenUContinuation of originai grant � Grant Agency: Name of Agency Federal Way Police Department Mailing Address: 33325 8 Ave South Federal Way, WA 98063-9718 For the Fiscal Year Beginning July 1, 2011-- Ending June 30, 2013 Grant Program: � Motor Vehicle Theft Reduction Project Title: PATROL Task Force Multipie Agency Request � Single Agency Request ❑ WATPA FUNDS BUDGET: A. Personnel 1110836.00 B. Em lo ee Benefits 394864.00 C. Consultants/Contracts 4000.00 D. TravellTrainin 18040.00 E. Other Expenses 72260.00 F. E ui ment/Technolo G. Prosecution H. Confinement Total: 1,600,000.00 To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the chief executive of the applicant and the applicant will comply with the attached assurances and the terms of the qrant contract. Name of Authorized dfficial: B. Wiison Date:07/14/2011 ..�. . r / `9� Signature of Authorized Official: ,��i �� �'�,� . � c��% < v� � Title:: Chief Phone:253-835-6701 For WATPA Use Only: WA7PA Authorized Signature Date Washington Auto Theft Prevention Authority Page 1 COUNCIL MEETING DATE: September 6, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING REGARDING MORATORIUM ON CANNABIS RELATED COLLECTIVE GARDENS POLICY QUESTION: Should the City Council hold a public hearing regarding the moratorium on cannabis related collective gardens that was enacted July 19, 2011 as set forth in Ordinance No. 11-695. COMMITTEE: N/A CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Patricia Richardson Attachments: Ordinance No. � Ordinance ❑ Resolution MEETING DATE: � Public Hearing ❑ Other DEPT: Law Background: On July 19, 2011, the City Council enacted Ordinance No. ll-695 establishing a six-month moratorium on cannabis related collective gardens. In accordance with State law and the ordinance, a hearing regarding the topic was set for September 6, 2011, City Council meeting. The City Clerk published notice of the public hearing. MAYOR'S RECOMMENDATI01v: Adopt the proposed findings to support the six-month moratorium regarding cannabis related collective gardens. MAYOR APPROVAL: N�' � i��'/�jD DIRECTOR APPROVAL: _� � Committee t Co cil Comm�ttee Co cil COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE AND ADOPTION (7/19/2011): I move adoption of the proposed findings to support the 6-month moratorium on cannabis related collective gardens BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # v � .�►1 \�\ _ \� AN ORDINANCE of the City of Federal Way, Washington, imposing a six month moratorium on cannabis related collective gardens. WHEREAS, the Legislature has passed E2SSB 5073 that allows cannabis to be grown in "collective gardens"; and WHEREAS, E2SSB 5073 will take effect July 22, 2011; and WHEREAS, the City does not currently regulate cannabis grown in collective gardens; and WHEREAS, E2SSB 5073 allows the City to regulate cannabis by enacting zoning, licensing and/or heath and safety requirements; and WHEREAS, the Council has determined that it is in the public interest to establish a moratorium to evaluate and, if necessary, enact regulations in response to E2SSB 5073; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a moratorium; and WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, this maratorium is necessary for the immediate preservation of public peace, health and safety, and the support of City government; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAlN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings of fact: (a) The forgoing whereas provisions are adopted as findings of fact. Orclinance No. 11- Page 1 of 3 Rev 1/10 LU (b) A moratorium is necessary to provide the City with sufficient time to study the potential impacts of E2SSB 5073; develop appropriate zoning, health safety, and/ or licensing regulations; and insure that the regulations comply with the law. (c) A moratarium is necessary to preserve the status quo until the City adopts appropriate zoning, health safety, and/ or licensing regulations. Section 2. Moratorium Established. No "collective gardens" as authorized by E2SSB 5073 for purposes including but not limited to producing, processing, transporting and/or delivering of cannabis shall be allowed within the City during the duration of this moratorium. Section 3. Duration of Moratorium This moratorium shall be in effect for six months from the effective date of this ordinance. Section 4. Public Hearin�. A public hearing for this moratorium was held on September 6, 201 l, at the regularly scheduled City Council Meeting. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Effective Date. By unanimous consent, the Council finds that this moratorium is for a public emergency and needed for the immediate support of City governments and is not Ordinance No. 11- Page 2 of 3 Rev 1 / 10 LU subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in full force upon adoption. PASSED by the City Council of the City of Federal Way this day of 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. I 1- Page 3 of 3 Rev 1/10 LU COUNCIL MEETING DATE: September 6, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: HEARING TO Surplus of Vacant Land — Former AMC Site POLICY QUESTION: Should the City Council declare the former AMC site vacant land as surplus? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Th0 ❑ Ordinance � Resolution Finance Director MEETING DATE: N/A � Public Hearing ❑ Other DEPT: Finance Background: The City purchased the former AMC site for $4.1M in January 2007. The property is surplus to the needs of the City. A resolution and public hearing is required to declare the property surplus. Attachments: Resolution Declaring Surplus Property Options Considered: 1. Declare the former AMC site surplus and direct staff to begin negotiating the sale of the property. 2. Deny approval of the surplus of the former AMC site and provide direction to staff. MAYOR'S RECOMMENDATION Mayor recommends approval of Option 1. MAYOR APPROVAL: nf1/ � co� COMMITTEE RECOMMENDATION: n/a DIRECTOR APPROVAL: �_ Co mittee Council PROPOSED COUNCIL MOTION `7 move approval of the resolution declaring the former AMC site surplus, and authorize staff to begin negotiating the sale of the property. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, declaring property located at 31600 20` Avenue South, Federal Way, WA 98003 as surplus and authorizing its disposal. WHEREAS, the City of Federal Way owns the property located at 31600 20 Avenue South, Federal Way, WA 98003 legally described as: The West'/� of the Southeast quarter of the Southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, EXCEPT the South 825 feet thereof; AND EXCEPT portions thereof conveyed to King County for street purposes by Deed recorded under Auditor's File No. 7801200908 and 780120091 l. SUBJECT TO a 10 foot wide easement for storm drainage lying 5 feet on each side of the following described centerline; COMMENCING at the SW corner of the above described parcel; THENCE N 00°11'33" W, 36.06 feet along the Westerly line of said parcel to the TRUE POINT OF BEGINNING; THENCE N 47°49'36" E, 36.87 feet; THENCE S 86°54'44" E, 328.5 feet to the end of this center-line description WHEREAS, the property is surplus to the needs of the City of Federal Way ; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Property Declared Surplus. The property described above is declared surplus to the needs of the City of Federal Way. Section 2. Disposition of Surplus Propert� Staff, under the direction of the Mayor, is instructed to negotiate a sale of the property for the best available price or transfer to another governmental agency in accordance with RCW 3933.010 subject to final approval by the City Council. Resolution No. 11- Page 1 of 3 Rev 1/10 Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Corrections. The City Cterk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirtned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: Resolution No. 11- Page 2 of 3 Rev I/10 CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. II - Page 3 of 3 � Rev 1/10 COUNCIL MEETING DATE: September 6, 20ll ITEM #: �'] Q.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.IEC'r: 2011/2012 Mid-Biennial Budget Adjustment Calendar POLICY QUESTION: N/A — Information Only COMMITTEE: Finance, Economic Development and Regional Affairs Committee CATEGORY: � Consent � City Cou ncil Business STAFF REPORT BY: Tho K ❑ Ordinance ❑ Resolution Finance Director Attachments: ■ Draft 2011/2012 Mid-Biennial Budget Adjustment Calendar Options Considered: N/A — Information Only MAYOR'S RECOMMENDATION N/A — In formation Only MEETING DATE: August 23, 2011 ❑ Public Hearing � Other DEPT: Finance MAYOR APPROVAL: i�� � DIRECTOR APPROVAL: � l,� � Comm ee Councd Committee Councd COMMITTEE RECOMMENDATION: N/A — Information Only ..�-'�� 1 Mik r , C 'mittee Chair Jeanne Burbidge, ( Member PROPOSED COUNCIL MOTION: N/A — Information Only �s� • ,:a� (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOL[JTION # CITY OF FEDERAL WAY CITY COUNCIL 2011/2012 MID-BIENNIAL CITY BUDGET ADJUSTMENTS MEETING,,S , The following is the draft meeting schedule to consider the City of Federal �ay's 2011/2012 Mid- Biennial Budget Adjustment % OCTOBER 1g, 2011— REGULAR MEETING — 7:00 PM • P[1sL�c HEAR�NG (required by RCW 35A.34) 2011l�012 Biennial Budget/Property Tax Rate OCT OBER 19 & ZO, Z011 — SPECIAL MEETINGS — G: • Public Hearing Continued • Council Study Session on Mid-Bienn��1 Budget Adjustment —R�rrrT nu M�Frrr� _ 7� • PuBL�c HEA�t11vG CoN�'��En — 2011/2012 Biennial Budget Adjustment • Introduction Ordinance.� 2011/2012 Mid-Biennial Budget Adjustment • Introduction Ordinar�e — 2012 Property Tax Rate � r�!rN n��!a►�i � w w r�..r��c • Enactmen rdinance — 2011/2012 Mid-Biennial Budget Adjustment • Enact nt Ordinance — 2012 Property Tax Rate • Reso tion/Fee Schedule 2012 Amendment meetings will be held at City Hall, 33325 — 8 Avenue South, Federal Way, Washington. CITIZEN COMMENTS WILL BE ACCEPTED AT ALL BUDGET MEETINGS. Presented to FEDRAC on August 23. The attached revised calendar addresses conflicts in meeting dates. CITY OF FEDERAL WAY CITY COUNCIL 2011/2012 MID-BIENNIAL CITY BUDGET ADJUSTMENTS MEETINGS The following is the draft meeting schedule to consider the City of Federal Way's 2011/2012 Mid- Biennial Budget Adjustment: NovEMSEx 15, 2011— RECULax M�ETiNC — 7:00 rM � PuBL�c HEARrnG (required by RCW 35A.34) 2011/2012 Biennial Budget/Property Tax Rate NovEMBEx 29 & 30, 2011— SPEC'�AL MEET�NGS — 6:00 PM (November 30`" onlv if needed) • Public Hearing Continued • Council Study Session on Mid-Biennial Budget Adjustment DECEMBER fi, 2011 — REGULAR MEETING — 7:00 PM • PUBLIC HEARING CONTINUED — 20ll/2012 Biennial Budget Adjustment • Introduction and Enactment Ordinance — 2011/2012 Mid-Biennial Budget Adjustment • Introduction and Enactment Ordinance — 2012 Property Tax Rate • Resolution/Fee Schedule 2012 Amendment All meetings will be held at City Hall, 33325 — 8 Avenue South, Federal Way, Washington. CITIZEN COMMENTS WILL BE ACCEPTED AT ALL BUDGET MEETINGS. COUNCIL MEETING DATE: September 6, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: USAGE AND LEASE OF PART OF FORMER TOYS R US LOT FOR STORAGE OF SAND SCULPTURE EVENT MATERIALS POLICY QUESTION Should the City Council approve temporary usage by the Federal Way Community Council of the loading dock area behind the former Toys R Us building for storage of a container holding supplies for the sand sculpture event? COMMITTEE: None �I �. Ordinance MEETING DATE: N/A CATEGORY: ❑ Consent � City Council Business STAFF REPORT BY: Patrick Doherty _..........._............__......_ ......................................................... .__................._........._........._._........................._.........._._...._ Attachments: Proposed Lease Agreement Background: Resolution ❑ Public Hearing ❑ Other DEPT: Community & Eco. Dev. On July 5, 2011 the City Council approved a lease agreement with the Federal Way Community Council to allow usage of the former Toys R Us site for the World Championship of Sand Sculpture, with a term running from July 12 to September 9, 2011. The sand sculpture event ends on September 5, 2011. Since last year's event there has been a large storage container located on the adjacent, former Target site that housed supplies for this year's event. The event organizers have requested the City to allow placement of that container on the former Toys R Us site in the loading dock to store materials unti) next year's event. This request constitutes usage of City property and requires a Council-approved lease agreement and a fair market value lease fee. Given the unusable condition of the building and site for regular commercial purposes, fair market value for usage of the loading dock area is de minimus. For this reason, a$10/month lease fee would be appropriate, paid in advance for a total of $130. Options Considered: 1. Approve the proposed Lease Agreement with the Federal Way Community Council for usage of the loading dock behind the former Toys R Us building to house a storage container holding supplies for the World Championship of Sand Sculpture event, with a total lease fee of $130 for the period September 9, 2011 until September 30, 2012; 2. Deny the request for usage of the former Toys R Us site by the Federal Way Community Council. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: _�_ ����� DIRECTOR APPROVAL: ��- Committee Cou il Committee COMMITTEE RECOMMENDATION: I move uPproval of Option _ and authorize the Mayor to execute the Leuse Agreement. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COLINCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # LEASE AGREEMENT FOR A PORTION OF THE CIVIC CENTER PROPERTY This Lease Agreement ("Agreement") is dated effective this day of , 2011. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation, ("City") and the FEDERAL WAY COMMUNITY COLTNCIL (FWCC), a Washington non-profit corporation. NOW, THEREFORE, the Parties agree as follows: 1. Premises. The City, as fee owner of certain real property located at 31510 20�' Ave, Federal Way, commonly referred to as the Civic Center property ("Property"), does hereby agree to lease to the FWCC and the FWCC does hereby agree to lease from the City, a portion of the Property as shown in Exhibit "A" attached hereto and incorporated herein by this reference ("Premises"). The Premises is limited to the loading dock adjacent to the building. 2. Term. This Agreement shall commence upon the execution of this Agreement and shall terminate on September 30, 2012, unless terminated early as set forth below. 3. Early Termination. Prior to the expiration of the Term, this Agreement may be terminated upon thirty (30) days written notice by either party. The City may terminate this Agreement immediately if the FWCC violates any provision of the Agreement. � 4. Rent. The FWCC shall pay to the City as rent for the use of the Premises One Hundred Thirty Dollars ($130.00) payable upon execution of this Agreement. In the event of early termination, no refund shall be given to FWCC. 5. Use of Premises. Beginning on September 9, 2011, the FWCC shal] be entitled to use of the Premises for the purpose of storing one shipping container containing items used for the World Championship of Sand Sculpture event. The FWCC shall have access to the Premises across the Property but shall not be entitled to use the Property or Premises for any other purpose inconsistent with this Agreement. 6. FWCC Responsibilities. (a) The FWCC shall maintain the Premises in a condition and state of repair as good as the same shall be on the date of the FWCC's initial use of the Premises. All items on the Premises shall be stored in the shipping container, which shall be securely locked. (b) Upon termination of this Agreement, FWCC shall immediately remove the shipping container and all items placed on the Premises by FWCC. In the event that the FWCC fails to remove these items, the City may immediately remove and dispose of the items and the FWCC shall reimburse the City for any associated costs. 7. Indemnity/Insurance. (a) The FWCC shall defend, indemnify and hold harmless the City from any and all claims, losses, damages, liabilities, or expenses (including attorneys' fees and other expenses of litigation) arising out of this Agreement, except for that portion caused by the City's sole negligence. (b) FWCC agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: (1) Workers' compensation for employees in amounts sufficient pursuant to the laws of the State of Washington and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. (4) The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage(s). The FWCC shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If the FWCC's insurance policies are "claims made," the FWCC shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. The FWCC's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. (c) The FWCC agrees that it will not do nor permit to be done in or about the Premises any act or thing which will invalidate any insurance thereon and the provisions shall survive expiration or termination of this Agreement. 8. Assi�nment or Sublease. The FWCC agrees that it will not assign this Agreement, permit, or suffer any assignment hereof by operation of law, or sublet the Premises or any portion thereof, without the prior written consent of the City. 9. Inspection. The City shall have the right to inspect the Premises at all reasonable times and the right to enter the same whenever it is reasonably necessary for the exercise of any right or privilege of the City under this Agreement. 10. Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 11. Notices. All notices herein provided or permitted to be given by either the City or the FWCC to the other may be given by enclosing the same in a sealed envelope properly addressed to the other and depositing the same, registered with postage prepaid thereon, in the United States Post Office, and service shall be deemed complete at the time of such deposit. For the purpose of this section, the address of the FWCC shall be 318 Pacific Hwy. S. #B-354, Federal Way, Washington 98403, and the address of the City shall be 33325 8' Ave. S., Federal Way, WA 98003, subject to the right of either party to designate by notice in writing to the other a new address to which said notice shall be sent. 12. Si�nature Authority. It is hereby acknowledged that the FWCC's signatory of this Agreement has the authority to so sign and bind the FWCC in its entirety. 13. General Provisions. This Agreelnent contains all of the agreements between the City and the FWCC with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 14. Headings. The headings herein contained are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope of intent of this Agreement or in any way affect the terms and provisions hereof. 15. Severability. If any provision of this Agreement is held invalid for any reason whatsoever, such invalidity shall not affect any other provision which can be given effect without the invalid provision, and to that end, provisions of this Agreement are declared to be severable. DATED the day and year set forth above. CITY OF FEDERAL WAY I: Skip Priest, Mayor. 33325 8 Ave S Federal Way, WA 98003 ATTEST: Carol McNeilly, CMC City Clerk APPROVED AS TO FORM: Patricia A. Richardson City Attorney FEDERAL WAY COMMUNITY COUNCIL By: (Signature) John Hatcher (Name) Its: President (Title) FWCC 318 Pacific Hwy. S., #B-354 Federal Way, WA 98003 (Address) (206) 419-1022 (Phone) STATE OF WASHINGTON } ) ss. COUNTY OF Kin On this day personally appeared before me Robert Hitchcock , to me known to be the President of FWCC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 2011. (typed/printed name of notary} Notary Public in and far the State of Washington. My commission expires 31510 20th Ave, Federal Way, - Google Maps •� Page 1 of 1 To see all the details that are visible on the screen, use the "Print" link next to the map. Io�:�f�ov� o� cor��-�l � V►ar http://maps.google.com/maps?h1=en&q=31510%2020th%20Ave%2C%20Federal%20Way... 8/31 /2011 ��.ri�.�►rr�a� � �*� � � '��► �►��� ) ��������� COUNCIL MEETING DATE: September 6, 20 i 1 ITEM #:�„_ _ _ _ _ ___ SUS.►ECr: Animal kennels and animal care faci(ities in the Neighborhood Business, Community Business, and Commercial Enterprise zones POL[CY QUESTION Should the City amend the Federa! Way Revised Code (FWRC) to establish a new definition for animal care facility and animal kenne(s and adopt new development regulations for allowing animal care facilities and animal kennels in the Neighborhood Business zone and make related changes to the Community Business and Commercial Enterprise zone to make the code sections consistent? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL CoM1H�T'rEE: Land Use/Transportation Committee CATECORY: ❑ Consent 11 � Ordinance ❑ City Council Business Resolution STAFF REPORT BY: Principal Planner Margaret H. Clark AICP MEET[lYG DATE: JUIY 1 g, ZO1 1 ❑ Public Hearing ❑ Other DEP7': Community and Economic Develooment Background: The Federal Way Revised Code (FWRC) requires the City to accept applications for code amendments on an annual basis. In September 2009, the City received a request &om Jon Moore to amend FWRC Chapter 10215, "Neighborhood Business (Bl�," to allow kenne(s, dog day care, and pet training in the Neighborhood Business (BN) zone. This request was presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and April 5, 2011 respectively, and was selected to be part of the 2011 Planning Commission Work Program. The Planning Commission conducted a public hearing on May 18, 2011, at the ciose of which they recommended to the council approval of the staff recommendation with one modification to prohibit breeding of animals in the BN zone. Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A-I; 4) Minutes of the May 18, 2011, Planning Commission Public Hearing. Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's recommendation as further amended by the LUTC; 3) Do not adopt the Mayor's recommendation . MAYOR's RECOMMEND�TION: The Mayor recommends adoption of the proposed amendments as written in the Draft Ordinance_ MAYOR APPROVAL: COMMITTEE RECOMMENDAT[ON: I move to forward � DIRECTOR APPROVAL: to First Reading on September 6, Council /. Member P`R(jPOSED COUNCIL MOTION(S): l READING OF ORDINANCE (September 6, 2011, Council Meeting for adoption. 1): 1 move to jonvard approval of the ordinance to the September 20, 2 READING OF ORDINANCE (SePtCmb¢i' 20 2011): "I move approval ojthe proposed ordinance. " (BELOW TO BE COMPLETED BY C/TY CLERKS OFF/CE) COUNCIL ACTION: ❑ APPROVED COUNC[L B[LL # ❑ DENIED 1 reading ❑ TABLED/DEPERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED - OS/l2/2010 RESOLUTION # :r ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to allowing animal kennels and animal care facilities in the Neighborhood Business, Community Business, and Commercial Enterprise zones; amending FWRC 19.215.040, 19.220.040 and 19.240.100. (Amending Ordinance Nos. 90-43, 93-170, 96-270, 97-291, O1-385, 01-399, 03-443, OS-506, 07-559, 08-585, 09-604 and 09-605) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to amend the FWRC to establish a new definition far animal care facility and animal kennels and to adopt new development regulations for allowing animal care facilities and animal kennels in the Neighborhood Business (BN) zone within the City of Federal Way; and WHEREAS, it is in the public interest for the City Council to amend the FWRC to modify existing regulations related to allowing animal care facilities and animal kennels in the Community Business (BC) and Commercial Enterprise (CE) zones in order to more easily enforce noise and to make regulation of noise consistent with the regulations for such use in the Neighborhood Business (BN) zone; and WHEREAS, allowing animal day care and animal kennels in the BN zone is appropriate given that the 14 BN-zoned nodes are located adjacent to neighborhoods; and WHEREAS, allowing animal day care and animal kennels in the BN zone would fulfill a need for such services in close proximity to residential uses as well as help the local economy, and; Ordinance No. 11- Page 1 of l0 Rev I/10 LU WHEREAS, requiring that animal kennels and animal care facilities be designed so that the maximum permissible noise levels from outdoor runs and other open areas comply with the provisions of FWRC 7.10.050, which is consistent with state law, will adequately mitigate any potential noise impacts on adjacent uses; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on April 29, 2011, and no comments or appeals were received and the DNS was finalized on May 30, 2011; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on May 18, 2011, and forwarded a recommendation of approval to the Land Use Transportation Committee with one modification to prohibit breeding of animals in the BN zone; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on July 18, 2011, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole because they would assist in creating new jobs, thus encouraging economic development while ensuring that animal care facilities and animal kennels are compatible with surrounding neighborhoods. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and wi11 implement and are consistent with the applicable provisions of the Federal YYay Comprehensive Plan (FWCP). Ordinance No. I1- Page 2 of 10 Rev 1/10 LU (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following FWCP goals and policies: LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP44 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood. LUP46 Neighborhood Business centers should consist of neighborhood scale retail and personal services. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they would allow animal care facilities and animal kennels in the BN zone, thus allowing the location of a service in close proximity to potential customers and reducing the need to commute to and from such a service if it was located only in the BC or CE zones. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they would aid in economic development by providing the opportunity for location Ordinance No. 11- � Page 3 of 10 Rev I/10 LU of such businesses in any of the 14 neighborhood nodes. They are also in the best interest of the public and the residents of the City because they should result in more consistent enforcement of noise associated with outdoor runs associated with animal care facilities or animal kennels. Section 3. FWRC 19A5.010 A definitions -- is hereby amended to read as follows: "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. "Abandoned personal wireless service facility" means a PWSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; ar (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental in size, scale, design, or purpose to the principal use ar structure on the subject property, and supports the principal use or structure without displacing or dominating it. See FWRC 19.265.010. "Accessory dwelling unit (ADU)" means either a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or an attached part of a structure which is accessory to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. See FWRC 19.265.020. ADUs include: (1) "ADU, attached" means an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit. (2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. "Accessory living facility" means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. "Active uses" means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use" shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure ar any portion thereof used far presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonatars, similar entertainers or attendants, who Ordiriance No. 11- Page 4 of 10 - Rev 1/10 LU are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and sha11 mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama" and "peepshow" shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult-oriented merchandise; or (b) Provides, as its substantial stock-in-trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult-oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to affard such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(�(3)(b). This defmitions shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently that a smaller residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "Adult-oriented merchandise" shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, ar nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190). "Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. "Air rights" means the right to control the use of the space above the surface of the ground. "AKART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point ar nonpoint discharge. See also "best management practices." "Alluvium" means soil deposits transported by surface waters. "Animal care facilitv" — See definition of "Animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or com�ensation. Animal kennels mav also offer grooming, training, sales of ancillarv items, and related activities. "Antenna(s)" means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit ar receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (1) "Omni-directional (or `whip') antenna(s)" transmits and receives radio frequency si�als in a 360- degree radial pattern. (2) "Directional (or `panel') antenna(s)" transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) "Parabolic (or `dish') antenna(s)" is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. Ordinance No. 11- Page S of 10 Rev I/10 LU (4) "Ancillary antenna" is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. "Antique" or "collectible" means any article which, because of age, rarity, ar historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an impart duty less than that prescribed for contemporary merchandise. "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. "Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. "Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations" means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Average building elevation (ABE)" means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. ------- - -------, ,al�owrd �--;------- � ' Puilding i ; He ight � � 1 i i i ' i i' i -�`---� .___— ------' _ ��--`--- � . .... ..� . .f .... L�+w�st fla�rena? FF�7he:t Be�aati�n .iaEum �ABE� Beuaiivn "Average slope" means the average grade of land within each land area representing a distirict topographical change. "Awning" means a nonrigid, roof-like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Ordinance No. 11- Page 6 of IO Rev I/]0 LU Section 4. FWRC 19.215.040, "Schools — Day care facilities, commercial," is hereby amended to read as follows: 19.215.040 Schools — Day care facilities, commercial -- Animal kennels or animal care facilities. Tt ie followin uses shall be ermitted in the neighborhood business (BN) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART Z DIRECTIONS: FIRST, read down to find use ... THEN, across far REGULATIONS � Minimums d `� Re uired Yards � o � ZONE c� b a � o� �� BN � � �, � 3 N ? � � � � a '5 .� v� � „ �- � � 5 x USE �� � w �, � x�, � a SPECIAL REGULATIONS AND NOTES Schools Schools: 7,200 Schools for 50 or 55 ft. above Determined 1. Day care facili[ies must contain an outdoor play area with a[ least 75 sq. ft. for each child usino the area at any one time. process lll sq. ft. more attendees: average on a case-by- This play area must be completely enclosed Uy a solid fence or other screei� at least six ft. in height. Play equipment and Day Care 50 ft. 50 ft. 50 ft. building case basiS structured play areas must be set back at least five ft. from each property line. faCilities, Da care elevation for 2. School, a+� day care facilities, animal kennels or animal care facilities may indude one accessory livine faciliry. Y Otherwise: 3. Day wre facilities and schools must comply with the requirements of the State Department of Social and Health Services commercial facilities, 20 ft. 20 ft. 20 ft. BYms if ancUor the State Superintendent of Public Instruction. CommerCial; loCated 100 4. All activities pertaining to schools, such as auto-repair or otlier uses that may impact adjacent properties, must take place Day care for 13 or Animal Animal ft. or more within an enclosed buildin;. more attendees: kennels or kennels or from an 5 Animal kennels and animal care facilities must Ue desioned so that the maximum pern�issible noise levels from outdoor 20 ft. 20 ft. 20 ft. runs and other o en areas com lv witU die rovisions of FWRC 7] 0 O50 and sucli outdoor areas shall be screened from animal care animal care adjacent P p- P Otherwise: adjacent properties bv 10 ft of Twe III landscapin� as defined bv Chapter 19 125 FWRC or �reater bufFer as required facilities Process II or residential 20 ft. 5 ft. 10 ft. therein. I�Vo with SEPA, zone � 6. If any portion of a structure on the subject property is located less than 100 R. from an adjacent residential zo�ie, tlien breeding of Process III diat portion of the structure shall not exceed 30 ft. aUove average Uuildino elevation and the structure shall be set back a animals are Outdoor uses for 35 ft. above minimum of 20 ft. from the property line of the residential zone. allowed : animals, such as average 6 7. For scliools, with the exceptioi� of oyms, the height of a structure may exceed 35 ft. aUove averaoe Uuildino elevation to o�en-ail' kennels, building a maximum of 40 ft., if all of tlie following criteria are met: runs, trainin�Vards, elevaYion for a. The structure is located 100 ft. or more from an adjacent residential zone. or show facilities, all other b. The additional height is necessary to accommodate the particular use conducted in the buildino: and, shall be set back 20 structures c. Each required yard abuttino the structure is increased five ft. for each one ft. the structure exceeds 3� fl. abovc a��erage ft. from anyproperty buildino elevation; and line d. The increased height is consistent witl� ooals and policies for tlie area of tl�e suUject pro�erty as established by the — See notes 3 6 comprehensive plan. —� 8 � 8. For schools, including oyms, an increase in heioht above 35 ft. shall not block views desionated by the comprehensive See notes 5, 6 and p� -1-9-I 1 8 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, pazkino lot landscaping, surface water facilities, etc. 9 10. For community desion ouidelines tliat apply to the project, see Chapter 19.115 FWRC. �9 11. For landscaping requirements thaC apply to the project, see Chapter 19.125 FWRC. a-d- 12. For sigv requirements that apply to the project, see Chapter 19.140 FWRC. �]3. Refer to CUapter 19.265 FWRC to detemiine wUat other provisions of tl�is title tnay apply to tlie suUject property. d3 14. Site design, includine tlie location of parking and passenger loadino areas shall be designed to reduce impacts on nearb resideutial areas. Process I, II, III and N are described in For other information about parking and parking areas, see Cliapter 19.130 FWRC. Chapter 79.55 FWRC, � Cliapter 19.60 FWRC, Cliapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19J0 FWRC respectively. For details regardine required yards, see FWRC 19.125.160 et seq. Ordinance No. ll - Page 7 of 10 Rev I/10 LU Section 5. FWRC 19.220.040, "Schools — Day care facilities, commercial — Animal kennels," is hereby amended to read as follows: 19.220.040 Schools — Day care facilities, commercial — Animal kennels. The followin� uses shall be nermitted in the communitv business (BC) zone � z 0 F� d a � � ai USE Schools; business, vocarional, or trade schools Day care faciliNes, commercial Animal kennels or animal care faciliries USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums � Required Yards N 0 b 0. °_' 3 � � CG CG Process II or wiCh SEPA Process III � c� `�" a� 7! �y O N �: � � � � � � � O �O .� Ci V7 LL� .`C". r/� None 20 ft. 0 ft. 0 ft. 55 ft. Except20 above ft. along average residential building zones elevation Outdoor uses for �AABE) animals, such as for gyms if open-air kennels, �OCated 100 ft. or runs, training nlore from yards, or show an adjacent facilities, shall be residential set back 20 ft. from any property Zone linv See notes 2, 4, 8, and 11 35 ft. above average building elevation (AABE), to 55 ft. AABE, for all other structures See notes 1 —3 Process I, II, III and N are described in Cliapter ]9.55 FWRC, CUapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19J0 FWRC respectively. � ¢ � � � C � X Q' �. � u: a ect to the and notes set forth in this section: ZONE Bl. SPECIAL REGULATIONS AND NOTES Detennined on 1. Buildiug lieight may not exceed 30 ft. AABE when located wid�in 100 ft. of a residential zone. a Case-by-case 2. Except for gyms, if approved Uy the director of community development services, the heioht of a structure may exceed 35 ft. aUove average Uuildiuo basis elevatio� (AABE), to a maximum of 55 ft AABE, if all of the followino criteria are met (a) The additional height is uecessary to accommodate the structural, equipment, or operational ueeds of tUe use conducted in U�e Uuilding, and/or all o ound floor spaces have a minimum floor-to-ceilino heiolrt of 13 ft. and a minimum depth of 15 ft.; (b) Height complies with note 1; (c) Height over 35 ft. is set back from non-residential zones by one ft. for each one ft. of heigl�t over 35 ft.; and (d) Roof lines are designed to avoid a predominantly flat and featureless appearance through variations in roof l�eight, forn�s, augles, aud materials. 3. For any structure, including gyms, an increase in height above 35 ft. sUall not Ulock views designated Uy the compreliensive plan. 4. Day care facilities mi�st contain an outdoor play area with at least 75 sq. ft. for eacl� child usino the area at any one time. This play area n�ust be completely enclosed by a solid fence or other scree�� at least six ft. in height. Play equipme��t and structured play areas must be set back at least five ft. from each property line. 5. Day care facilities, animal kennels, or a+a� animal care facilities may include accessory living facilities as defined by FWRC 19.05.010. 6. Day care facilities and scliools must comply with d�e requirements of the State Departme��t of Social and Healtl� Services and/or the Sta[e Superi�tendent of Public Instruction. 7. All activities pertaining to schools, business or vocational schools, or trade schools, sudi as auto-repair or other uses tl�at may impact adjacent properties, must take place within an enclosed buildiug. 8. Animal keunels and animal care facilities must be desiened so that . �' � a � -� •-' �°`' """' �"°" °-°^^ ° :,, ,.° ° '':'.'° "` �- -- --- � the maximum perniissible noise levels from outdoor ruus and other open areas comolv with the provisions of FW RC 7 10 O50 and such outdoor areas shall be screened from adjacent properties by 10 ft. of Type III landscapino, as defined by Chapter 19.125 FWRC, or greater Uuffer as required therein. 9. No maximum lot coverage is estaUlished. Instead, the buildable area wi➢ be detemiined by other site development requirements, i.e., required buffers, parking lot landscapino, surface water facilities, ete. ]0. For communiry desion ouidelines that apply to the project, see Chapter 19.115 FWRG. ] 1. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 12. For sign requirements that apply fo the project, see Chapter 19.140 FWRC. 13. Refer to Chapter 19265 FWRC to detennine what other provisions of this tiNe may apply to the subject property. 14. Site design, includin; the location of parkino and passenger loading areas shall Ue desioned to reduce impacts on nearby residential areas. For other information about parking and parking areas, see Chapter 19.130 FW RC. For details of what may exceed this l�eiglit limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.150 et seq. Ordinance No. I1- � Page 8 of l0 Rev 1/10 LU Section 6. FWRC. 19.240.100, `Business, vocational, trade schools — Day care facilities, commercial — Animal kennels," is hereby amended to read as follows: 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the re ulations and notes set forYh in thls section: USE ZONE CHART � z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums � � Required Yards � � o � � ZONE � �w � CE w a a " N � � o � � on � 3 �' ��. •> v' �' °' �` 'X .�°—° � o � usE � � � �° � � � x � � a SPECIAL REGULATIONS AND NOTES Busi��ess Process II None 20 ft. See note 40 ft. Determined 1. Minimum side and rear yards shall be 20 ft. alono resideutial zones and 10 ft. alono all other zones. schools, or with 1 above on a Case- 2. If approved Uy the director of communiry development services, the height of a stnicture may exceed 40 ft. aUove averaoe buildino elevation vocational SEPA, Outdoor use average by-case �AABE), to a maximum of 55 ft AABE, if all of Hie following criteria are met (a) Tl�e increased height is necessary to acconmiodate d�e SChools, trade ProCess areas for building basis structural, eqwpment, or opera[ional needs of the use conducted in the buildino, and/or all ground floor spaces have a mimmum floor-to-ceiling height of 13 ft. and a ntinimum deptli of 15 ft; (b) Height complies with note 3; (c) Height over 40 ft. is set back from non-residential zones by sChools III animals, such as elevation one additional ft. for each one ft. oflieight over 40 ft.; and (d) Roof lines are designed to avoid a predominantly flat and featureless appearance open-air (AABE), through variations in roof height, forms, anoles, and materials. Day care kennels, runs, to 55 ft. 3. Building ]�eight may not exceed 30 R AABE when located wiChin 100 ft. of a residential zone. facilities, training yards, or AABE 4. Any activities operated by business, vocational, or trade schools, that may impact adjacevt properties, such as auto repair or paintino, must take commercial show facilities, place within an enclosed buildin;. shall be set baCk See notes 5. Day care facilities must contain an outdoor play area with at least 75 sq. ft. for each child usmg tl�e area at any one hme. This play area must Ue Animal kennels, 20 ft. from any 2 and 3 completely enclosed Uy a solid fence or other approved screen at least six ft. in heiolit. Play eqmpmeut and structured play areas may not Ue located in a required yard. animal care property line 6. Day care facilities must comply with all applicable state and outside agency licensing, certifications, or other applicaUle requirements. facilities 7. Day care facilities, aninial kennels, or a+ad animal care facilities may include accessory living facilities as defined by FWRC 19.05.010. See notes 8 and 8. Animal kennels and animal care facilities niust be designed so tl�at 13 . �. ; the maximum permissiUle noise levels from outdoor runs and other open areas comrolv with die provisions of FWRC 7] 0 O50 and such outdoor areas shall be screened from adjacent properties by 10 ft. of Type QI landscaping, as defined by Cliapter 19.125 FWRC, or ereater buffer as required therein. 9. Site desigu, includino the location of parking and passenoer loading areas shall Ue desipned to reduce impacts on nearby residential areas. ]0. No maximum lot coveraae applies. Instead, the buildaUle area will Ue detennined by other site development regulations, i.e., required yards, landscaping surface water facilities, etc. 1]. For regulations pertainino to outdoor use, acdvity and storage, refer to FWRC 19.125.1")0. 12. For commmiity design guidelines that apply to the project, see Chapter 19.115 FWRC. ]3. For laudscapino requirements Niat apply to the project, see Cl�apter 19.125 FWRC. 14. For sign requirements diat apply to [Ue project, see Chapter 19. ] 40 FWRC. 15. For otlier provisions of tliis cliapter that may apply ro the subject property, see Chapter 19.265 FWRC. Process I, II, lll and IV are described in Chapter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.6o FWRC, For details of what may exceed tl�is height limit, see FWRC 19.110.050 et seq. Chapter 19.55 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq. Chapter 19J0 FWRC respectively. Ordinance No. 11- Page 9 of l0 Rev 1/10 LU Section 7. 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, ar the validity of its application to any other persons or circumstances. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ardinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and priar to the effective date of this ardinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 1/- Page 10 of 10 Rev 1/10 W City of Federal Way PLANNING COMMISSION May 18, 201 l 7:00 p.m. City Hall Council C hambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES April 20, 2011 4. AUDIENCE COMMENT 5. ADMINISTRATNE REPORT 6. COMMISSION BUSINESS • PUBLIC HEARING Proposed Amendments Related to Allowing Animal Kennels and Animal Care Facilities in the Neighborhood Business (BN) Zone • STUDY SESSION Bicyc(e and Pedestrian Master Plan 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners City Staff Merle Pfeifer, Chair Hope Elder, Yice-Chair Patrick Doherty, Director of Community & Economic Development Lawson Brorr.ron Wayne Carlson Margaret Clark, Principal Planner Tom Medhurst Sarady Long E. Tina Piety, Administrative Assistant Tim O'Neil 253-835-2601 uryv�v. citvoi)''ederahvav. com K:�Ptanning Commission�201 1 �4genda Oi-I8-1 !_doc C[TY OF FEDERAL WAY PLANNING COMMISSION April 20, 2011 City Hail 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carison, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Staff present: P(anning Manager Isaac Conien, Principal Planner Margaret Clark, Associate Planner, City Trafftc Engineer Rick Perez, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of Juty 7, 2010, and November 3, 2010, were approved as presented. AUDIENCE COMMENT Roger Flagar — He has property in the Twin Lakes Sub-Area Plan area. He attended the meeting last week on the plan and was pleased by the citizen comments and interaction between citizens, consultants, and staff. ADMINISTRATIVE REPORT Mr. Conlen welcomed the Commissioners back. He stated that given the 201 l Planning Commission Work Program, they should be busy from this point on. COMMISSION BUSINESS ELECTIONS Hope Elder was nominated for Vice-Chair. The vote was held and she was unanimously elected. Merle Pfeiffer was nominated for Chair. The vote was held and he was unanimously elected. The order of the remaining business items were switched in order to allow Mr. Perez to teave for another meeting. STUDY SESSION — Update on Communities Putting Prevention to Work (CPP� Grant Complete Streets Mr. Perez delivered the staff presentation. The concept is to provide roadways that work for all modes of transportation (motor vehicle, bicycle, and pedestrian). Staff is seeking direction as to whether Complete Streets concepts should be a policy, ordinance, or resolution. The goal of the CPPW is for the city to have an adopted po(icy. They have an emphasis on bicycles and pedestrians. Federal Way street standards approach complete streets but wou(d have to change to fully meet the concepts. K:�Planning Commission�201 lVNeeting Summary 04-20-I I.doc P(anning Commission Minutes Page 2 Apri( 20, 20l 1 Vice-Chair Hope expressed her concern about proposed transit cutbacks. Mr. Perez responded that Counci( Member Burbidge is on the King County Regional Transportation Committee and is expressing Federal Way's concerns about the proposed cutbacks. There will be a presentation at the May 3` City Council meeting about the proposed cutbacks. Vice-Chair Hope commented that it is her understanding the federal grants do not require bike lanes. Mr. Perez responded that neither the federal nor state government requires bike lanes. One question to consider is where it is feasible to add bike (anes. Should the city attempt to add them to 320�'? That would require buying up houses or reducing tane widths. Currently the city has a disjointed bicyc(e network that would likely have more use once it is filled in. Commissioner Carlson asked if the city is looking at strategies for new road connections. Mr. Perez replied there are a few planned new connections. Commissioner Long commented that there are conflicts between Complete Streets and the Growth Management Act's (GMA) concurrency requirements. Mr. Perez commented that there are competing interests and it will be a challenge to balance them. Chair Pfeiffer expressed concern over who wil( pay for new bike lanes. Bicyclists use them, but are not licensed and therefore, do not contribute to paying for them. He suggested the city consider a bicycle user fee or license. He also commented that he feels the Complete Streets concepts should be a policy and not set in stone through an ordinance. Other Commissioners expressed concerns over funding. Commission Bronson commented that when he lived in California he paid for a bicyc(e license and had no problem with doing so. Mr. Perez commented that while he is not against a bicycle license, the question becomes how far do we go? Should pedestrians pay a user tax for sidewalks? Overview of the CPPW Grant Ms_ Clark stated that the City applied for and received a grant for $180,000 as well as consulting help from Public Health — Seattle & King County. The application was under the Healthy Eating Active Living (HEAL) portion of the grant and was specifically to prepare a city-wide bicycle and pedestrian master plan and to prepare a model sub-area plan for the Neighborhood Business (BN) zoned area in the vicinity of 21�` Avenue and SW Campus Drive. A condition of receiving the grant was to also develop strategies to increase access to healthy food in Federal Way. The Growth Management Act (GMA) requires that jurisdictions adopt policies and plans that increase physical activity. Therefore, work under this grant witl address a required element of the next major comprehensive plan update. In addition, the 2010 Planning Commission Work Program included evaluation of the existing Neighborhood Business (BN) zones. The sub-area plan for this BN zone will serve as a model for the other BN-zoned areas. The term of the grant contract is from July 21, 2010, to March 19, 2012, a 20-month period. Twin Lakes Sub-Area Plan Mr. Herrera delivered the staff presentation. The CPPW grant is intended to address leading causes of death. The subarea planning effort will help define how to build upon the neighborhood's existing assets and address current challenges to encourage the development of a model healthy community. The city is not seeking to force people into a"healthy" lifestyle, but to provide options. The city intends this to be a community plan with input from community members and stakeholders. Last week the Stakeholders kick- offmeeting was held. The next meeting is scheduled for May 11`� in City Hall Council Chambers. There will be workshops held within the proposed subarea. Mr. Herrera commented that the subarea boundaries shown in the agenda packet material are still in the draft stage and could change. Commissioner O'Neil commented that this would be a great project to add K_�Planning Commission�201 IVoteeting Summary 04-20.11.doc Planning Commission Minutes Pa�e 3 April Z0, 20l 1 bicycle and walking paths. Mr. Herrera commented that the proposed subarea is close to the BPA Trail. They are not connected, but it is something people want to happen. Commissioner Medhurst asked if the city will be sponsoring community gardens. Mr. Herrera replied that currently the city does not sponsor community gardens. According to city code, a community garden cannot be a principal (or stand-alone) use, but must be an accessory to another use, say a school. Ms. Clark commented that there are two schools with community gardens. The city is considering them in order to encourage healthy eating. There are funding issues to consider, such as irrigation, potable water, and a caretaker. Staff wi(1 be researching the issue. STUDY SESSION — Update on 2011 Planning Commission Work Program Ms. Clark delivered the staff presentation. The City Council approved the 2011 Planning Commission Work Program on April 5, 2011. Thirteen code amendcnents were completed in 2010. There is 1.5 FTE Long Range planning staff. Current planning staff will assist as time allows. In addition to the Work Program, the city's parks plan needs to be updated in 2012 and long range staff will be asked to assist. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 9:00 p.m. K:1Planning Commission�2011Voteeting Summary 04-20-I l.doc � CITY OF Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendment to Federal Way Revised Code to Allow Animal Kennels and Animal Care Facilities in the Neighborhood Business (Bl� Zone Fite No's: 11-101610-00-SE & 09-103760-00-UP Public Hearing of May 18, 2011 I. REASON FOR AMENDMENTS The Federal Way Revised Code (FWRC) requires the City to accept applications for code amendments on an annual basis_ In September 2009, the City received a request from Jon Moore to amend FWRC Chapter 10.215, "Neighborhood Business (BN)," to a(low kennels, dog day care, and pet training in the Neighborhood Business (BN) zone. This request was presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and Apri( 5, 2011 respectively, and was selected to be part of the 2011 Planning Commission Work Program. II. BACKGROUND AND ANALYSIS A. Existing Code Language The FWRC allows animal kennels and animal care facilities in the BC zone (Elchibit A) and the Commercial Enterprise (CE) Zone (E�chibit B). The existing following regulations for this use in both zones are intended to mitigate any adverse impacts associated with the use: 1. Outdoor uses for animals, such as open-air kennels, runs, training yards, or show facilities, shall be set back 20 feet from any property line. 2. Animal kennels and care faci(ities must be designed so that no sustained noise from outdoor runs and other open areas wi11 be audible off the subject property, based on a certificate to this effect signed by an acoustical engineer and filed with the development permit application and such outdoor areas shall be screened from adjacent properties by 10 feet of Type III landscaping, as defined by Chapter 19.125 FWRC, or greater buffer as required therein. B. Research from Other Cities As part of the background research, staff contacted the cities of Kent, Auburn, Tukwila, Burien, Des Moines, Sea-Tac, Spokane Valley, and Renton to determine if animal care facilities were allowed in their neighborhood business zones (E�ibit C). Only Sea-Tac and Spokane Valtey allowed this use. Sea-Tac allows the use with no restrictions, whereas Spokane Valley allows the use based on them having no outdoor runs and meeting the noise standards as identified by WAC 173 which is the state adopted maximum environmental noise levels. C. Rationale, for Proposed Change The Federal Way Comprehensive Plan (FWCP) states: "There are 14 various sized nodes of Neighborhood Business located throughout the City. These nodes are areas that provide retail and/or services to adjacent residential areas.... Neighborhood Business areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g., dry c(eaners, dentist, bank) at a pedestrian and neighborhood sca(e close to adjacent residential uses." Allowing animal day care and animal kennels in the BN zones seems logical given the location of the 14 BN-zoned nodes adjacent to neighborhoods (E�ibit D). In addition, according to the Doggy Daycare Tips & Information website, the demand for dog day-care businesses is on the rise as more American families we(come dog companions into the household. The site stated that even a home-based dog daycare business can earn as much as $100 to $300 a day. Therefore, allowing this use in the BN zone would not only fulfill a need but help the local economy. Staff, therefore, recommends allowing animal care facility and animal kennels in the BN zone subject to the existing regulations for this use in the BC and CE zones as amended for noise impacts (E�chibit E and discussed in the fo(lowing section). D. Other Proposed Changes While reviewing the existing BC and CE Use Zone Charts, staff observed that there was no definition for animal kennels or animal care facilities. Therefore, the following definition is being proposed (Exhibit F): "Animal care facility" — See definition of "Animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer org ominQ training sales of ancillary items, and related activities. Staff also observed that the existing language related to regulating noise associated with outdoor runs and other open areas may be problematic to enforce, because it states that no sustained noise from outdoor runs and other open areas should be audible off the subject property; however, there is no definition of "sustained." Staff, therefore, recommends that we require compliance with the maximum permissible noise standards as adopted by the state, and subsequently by the City (E�ibit G). Therefore, the following change is being proposed: "Animal kennels and animal care facilities must be designed so that �s�ts�ai�e� ,.«.� �, a .�•� � � *�,• �r ,.. � oa ►,.. ., .��;�.,i o „a , �b.::.,.,. �.... the maximum permissible noise levels from outdoor runs and other open areas comply with the provisions of FWRC 7.10.050, and such outdoor areas shall be screened from adjacent properties by 10 ft. of Type III landscaping, as defined by Chapter 19.125 FWRC, or greater buffer as required therein." Staff Report to the Planning Commission Page 2 Animal Kennels and Animai Care Facilities in BN Zone Files No's: 11-101610-00-SE & 09-103760-00-UP III. PROCEDURAL SUMMARY 4/29/ 11 Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 5/16/i t End of SEPA Comment Period 5/30/11 End of SEPA Appeal Period 5/18/I 1 Public Hearing before the Planning Commission IV. PUBLiC COMMENTS No comments were received as of the date of this report. V. REASON FOR PLANNING COMM[SSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI. DECISIONAL CRITERIA FWRC i9.80.130 provides criteria for zoning text amendments. The following section analyzes the compiiance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed options for the FWRC text amendment are consistent with the following FWCP policies and goals: LUP6 Conduct regular reviews of development regulations to detertnine how to improve upon the permit review process. Staff Report to the Planning Commission Page 3 Animal Kennels and Animal Care Facilities in BN Zone Files No's: 11-101610-00-SE & 09-103760-00-UP LUP44 Encourage neighborhood retail and personal services to locate at appropriate locations where (ocal economic demand and design solutions demonstrate compatibi(iry with the neighborhood. LUP46 Neighborhood Business centers should consist of neighborhood scale retail and persona( services_ EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The Ciry will work with the private sector to actively encourage the retention and expansion of existing businesses, as weli as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. 2. The proposed amendment bears a substantial retationship to public health, safety, or welfare. The proposed FWRC text amendment bears substantial re(ationship to the pub(ic health, safety, and welfare because it would altow an animal care facility or animal kennel in the BN zone, thus allowing the location of a service in close proximity to potential customers and reducing the need to commute to and from such a service if it was located only in the BC or CE zones. 3. The proposed amendment is in the best interest of the residents of the city. Approval of the proposed code amendment would benefit the City as a whole as it would aid in economic development by providing the opportunity for location of such businesses in any of the 14 neighborhood nodes. VII. STAFF RECOMMENDATION Based on the above staff ana(ysis and decisional criteria, staff recommends that the proposed amendments shown in E�chibits E, F, H, and I, and summarized as follows, be recommended for approval by the Ptanning Commission_ 1. Add "Animal care facility "and "Animal kennel" as an allowable use in the BN zone with development regulations intended to mitigate noise impacts on adjacent uses (Eachibit E). 2. Add a definition for "Animal care facility " and "Animal kennel" (Erchibit F). 3. Amend the language intended to mitigate noise impacts in the BC and CE Use Zone Charts associated with animal care facilities and animai kennels to be consistent with FWRC 7.10.050, "Ma�cimum Environmental Noise Levels" (Exhibits H and I). Staff Report to the Planning Commission Page 4 Animal Kennels and Animal Care Facilities in BN Zone Files No's: 11-101610-00-SE & 09-1037b0-00-UP VIII. PLANNING COMMISSION ACT[ON Consistent with the provisions of FWRC 19.80240, the Planning Commission may take the fo(iowing actions regarding the proposed zoning code text amendments: l. Recommend adoption of the EWKC text amendments as recommended by staff; 2. Modify the staff recommended FWRC text amendments and recommend to the City Counci( adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. E��rTs Exhibit A Use Zone Chart, FWRC 19.220.040 — Day care facilities, commercial — Animal kennels Exhibit B Use Zone Chart, FWRC 19_240.100 — Business, vocational, trade schoo(s — Day care facilities, commercial — Animal kennels Exhibit C Research from Other Cities Exhibit D Map of Neighborhood Business Zoned Areas Exhibit E Amendments to Use Zone Chart, FWRC 19.21 �.040 — Day care facitities, commercial to allow animal kennels or animal care facilities Exhibit F New Definitions for "Animal care facility" and "Animal kenne(" Ezhibit G FWRC 7.10.050 — Maximum environmenta( noise levels Exhibit H Amendments to Use Zone Chart, FWRC 19220.040 — Day care facilities, commercial — Animal kennels Exhibit I Amendments to Use Zone Chart, FWRC 19.240.100 — Business, vocational, trade schools — Day care facilities, commercial — Animal kennels K:�2011 Code AmendmenulKennets, Dog Day Care, Pet Training�Planning Commission\Staff Report.doc Siaff Report to the Planning Commission Page 5 Animal Kenneis and Animal Care Facilities in BN Zone Files No's: i I-1O1610-00-SE & 09-103760-00-tJP 19.220.040 Schools — Day care Facitities, commercial — Animal kennels. The followin uses shall be ermitted in the communit business (BC) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART z DIIZECI'IONS: FIItST, read down to find use ... THEN, across for REGULATIONS � Minimums F Re uired Yards y a ° °� ZONE � ° a � `� B C � � � � �3 � � °� �� > o ,� � � � '�, � �sE �� . � � � x� a 0. SPECIAL REGULATIONS AND NOTES Schools; Process None 20 fL 0 ft. 0 ft. 55 fL � Determined on 1. Building height may not exceed 30 ft. AABE when located wi[hin 100 Yt. of a residential zone. business, II ExcepC 20 above a case-by-case 2. Except for gyms, if approved by the director of communiry development services, the height of a strucwre may exceed 35 fi, above vocational, ft, along average � basis aveiage builditig elevation (AABE), to a inaximum of 55 ft. AABE, if all of the Y'ollowing criteiia a��e me�: (a) The additional height is or trade residential building necessaiy to accommodate the structural, equipment, or operational needs of' the use conducted in the building, and/or all growid floor schools zones elevation spaces have a minimum tloor-to-ceiling height of 13 ft, azid a iriinimum depth of l5 f't.; (b) Height complies with note i;(c) Height Outdoor uses for �AABE) over 35 ft, is set back from non-residential zones by one ft. for each one ft, of height over 35 Yt.; und (d) Roof' lines ai•e designed to Day cu•e for gyms if avoid a predominantly flat and featureless appearance through variations in roof height, fornis, vigles, and matedals. facilities, �mals, such as �ocated . 3. For any s[ructure, including gyms, an increase in height above 35 ft. shall not block views designated by the canprehensive pl;ui. commereial open-air kennels, �00 ft. or 4. Day care facilities must contain an outdoor play a�ea with at least 75 sy. ft. for each child using the u•eu at any one time. This play runs, training yards, or show more from area must be completely enclosed by a solid fence ot other screen at least six it. in height, Ylay eyuipcnent and suuctured play areas Animal an adjacent must be set back at least five ft. from each pcoperty line, kennels or facilities, shall be i•esidential S. Day ca�•e facilities and animal care facilities may include accessory living facilities as deYined by FWRC 19.O5.O10. set back 20 ft. animal caze fi•om any properry Zone 6. Day ca�e facilities and schools must comply with the reyuirements of'the State llep:utmeut of Social and Heulth Services :utcl/or the facilities line State Superintenden[ of Public Instruction. 35 ft. 7. All activities pertaining to schools, business or vocational schools, or uade schools, such as auto-repair or other uses that may See notes 2, 4, g, above impact adjacent prope�ties, must take place within an enclosed building. and 11 average 8. Animal kennels and care facilities must be designed so that no sust.uned noise fiom outdoor runs a��d other open ai•eas will be building audible off [he subject property, based on a certiYicute to this eflect signed by an acousiical engineer und liled wich the development elevation permit applicauon; and such outdoor �ueas shall be screened frocn adjaceu[ prope�ties by l0 ft, of'I'ype Ill landscaping, as defined by (AABE), Chapter 19.125 FWRC, or greater buffer as required therein. to 55 ft. 9. No maximum lot coverage is established. lnstead, the buildable uea will be determined by other site development cequirements, AABE, for i.e., required buffers, parking lot landscaping, surface water facilities, etc. all other lU. For community design guidelines that apply to the project, see Chap[er 19,115 FWRC. structures ll. For landscaping requirements [hat apply to the project, see Chapter 19.125 FV✓RC. 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC. See notes 1 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this ti[le may apply to the subject propeity. — 3 14. Site design, including the location of parking and passenger loading areas shall be designed to reduce impacts ott ne�t�by residential u•eas. Process I, II, IIl and IV are described in For other information ubout parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter I9.65 FWRC, For details of what muy exceed this height liiiut, see F'WRC 19.110A50 et sey. Cha ter I9,70 FWRC res ectivel . For details regarding reyuired yuds, see FWRC 19.125.160 et sey. fl'll � � � µ� � � I I K:\FVJRC Use Zone ChxrtsU9-220 Community Business BC�l9•220-(MO Schools, Day Care, Animal Kennels.DOC 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. The followin uses shall be ermitted in the commercial ente rise (CE) zone sub'ec[ to the re ulations and notes set forth in this section: USE ZONE CHART z bIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums F Re �ired Yards � � � ZONE � � � a � �s N � ��� �� CE $ ' a��i v' o �c a�i � '� � a��i � USE a a .S u. v� a �� v� x a SPECIAL REGULATIONS AND NO'TES Business Process II None 20 ft. See note 40 ft. Determined 1. Minimum side and rear yxrds shall be 20 ft. alung residential zones and l0 ft. xluug ull uther zunes. sehools, or with 1 above on a eas� 2. If approved by the director of eonvnuniry development services, the heigh� of ;, suucwie may exceed 40 fL ubove average vocational SEPA, Outdoor use average by-case building elevauon (AABE), to a muximum of 55 Ct. AABG, if all of the followiug cri�eriu ure mec (a)'fhe increased height is schools, [rade Process areas tbr building basis necessxry [o xceommodate lhe strucwral, equipmeut, ot opecntional needs of thn use conducted in [he building, andlor all schools III animals, such as elevation ground floor spuces have a minimum floor-to-ceiling height of l3 ft. and a minimum dcpth ot t5 f[.; (b) Height coniplies with open-air (AABE), uote 3; (c) Height over 40 ft. is set back ftom non-residential zones by une uddition.il ft. for each one ft. oC height over 40 ft.; Day care kennels, runs, [0 55 fL and (d) Roof lines ue designed to avoid n predominandy flat and featureless uppeurancr through variations in roof height, facilities, q�aining yards, or AAIIE forms, angles, and mnterials. commercial show faciliues, 3. Building height ittay not exceed 30 ft. AABE when loca[ed within 100 1L ot a residentiul zone. shall be set back See notes 4. Any activities operated by business, vocational, or trade schools, that may impact adjacetu properties, such us auro repair a� Mimdl kennels, 20 f't. from any 2 a�id 3 painting, must take place within an enclosed building. animal care pcoperty line 5. Day care facilities must contain an outduur play area with at least 75 sy. ft. for eacli child usirtg [he area at any une time. This facilities play area must be completely enclosed by a solid fence or other approved screen at Ieast six ft, in heighr. Play equipment and See notes 8 and structured play areas may not be located in a required yard. 13 6. Day care facilipes must comply with ull applicable state and outside agency licensing, certiticauons, or other applicable requirements. 7. Day care facilities and �nimal care facilities may include accessury living facilities as detiued by FWRC 19.05,010. 8. Mimal kennels and c:u�e facilities mus[ be designed so that no sus[:uned noise from outdoor runs and other open areas will be audible off the subjec[ property, based on a certiticate to this ef'fect signed by a� acoustical engineer and tiled with �he development permit application; and such outdour areas shall be screened from adjacent properties by 10 ft. of'1'ype III landscaping, as detined by Chapter 19.125 FWRC, or greater buffer as reyuired therein. 9. Sire design, including the location of p�rking and passenger loading areas shall be desigued to reduce imp:�cts on nearby residential arexs. 10, No maximum lot coverage applies. [nstead, the buildable area will be determined by other site development regulations, i.e., reyuired yazds, landscaping, surface water facilities, etc. 11. For regulations pertaining to outdoor use, activiry and storage, refer to PWRC L9.125.170. l2. For communiry design guideGnes that apply to the pruject, see Chapter 19.11 5 FWRC. 13. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 14. For sign requiremen[s that apply to the project, see Chapter 19.140 FWRC. 15. For other rovisions oT' [his cha ter that ma a 1 to [he sub'ect ro ert , see Cha ter 19.265 FWRC. Process 1, II, III and IV are described in Chapmr 19.55 FWRC, For other inform�[ion about parking and parking areas, see Ch�pter 19.130 FWRC. Chap�er 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sey. Chapcer 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq. Chapter I9J0 FWRC respectively. r W li ;y =; � �� � � �� � ; 3 'j ,� K:\FWRC Use Zone Charts\19-240 Commercial Enmryrise CE\19-240•IW Schools, Day Care, Kennels.DOC EXHIBIT C RESEARCH FROM OTHER CITIES City BN Comparable Zoning Districts Allowed in Zones Kennels are Allowed BN Type Zone NCC — Neighborhood Convenience Commercial District Boarding kennels and breeding establishments It is the purpose of the NCC district to provide small nodal Conditional Use areas for retail and personal service activities convenient to Agricultural General District Kent residential areas and to provide ready access to everyday N � General Commercial District, convenience goods for the residents of such neighborhoods. Industrial Agricultural District NCC districts shall be located in areas designated for neighborhood services in the comprehensive plan. C-N Neighborhood Shopping District C. Animal daycare businesses that feature outdoor exercise areas and/or kennels. Admitiistrative Use Permit: C-N neighborhood shopping center zones are intended for Auburn neighborhood shopping centers which provide limited retail N � DUC — Downtown Urban Center District business, service and office facilities for the convenience of residents of the neighborhood. Conditional Uses: Neighborhood Commercial Center (NCC) District Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not This district implements the Neighborhood Commercial need a permit). Center Comprehensive Plan designation. Senior citizen housing is allowed up to 60 dwelling units per acre, subject to Regional Commercial District Tukwila additional restrictions. It is intended to provide for pedestrian NO Regional friendly areas characterized and scaled to serve multiple Commercial Mixed-Use District residential areas, with a diverse mix of uses. Uses include Commercial Light lndustrial District, residential uses at second story or above when mixed with Light Industrial District, certain retail, service, office, recreational and community Heavy Industrial District facilities, generally along a transportation corridor. Tukwila Valley South District Urban Center District (Indoor animal shelters and kennels) Page 1 of 4 Allowed in City BN Comparable Zoning Districts Zones Kennels are Allowed BN Type Zone Neighborhood Center (CN) zone Kennel allowed in: The purpose of this zone is to establish relatively small areas Regional Commercial (RC) Zone to provide convenience goods and services to meet the everyday needs of the surrounding residential neighborhoods, Industrial (I) Zone: while protecting neighborhood character. The intent is to 1. Outside runs and other outside facilities must be provide for limited retail stores, services, offices and mixed setback at least 25 feet from each property lrne (50 feet use buildings that serve the immediate neighborhood (as well from a residentiul zone) and must be surrounded by a fence Burien as other markets or serviee areas), located in neighborhood N � or wall sufficient ro enclose the animals. focal points... 2. Must provide suitable shelter and a clean, healthful environment for the animals. Community Commercial (CC) Zone: A kennel is allowed as an indoor accessory use to a veterinarian, provided that noise and odor impacts are adequately mitigated. N-C Neighborhood Commercial Zone NO C-G General Commercial Zone The purpose of this zone and its application is to provide for (2) Business offices and any The following uses only are permitted, and as specifically the location of and grouping of uses which are considered type of use rendering provided and allowed by this chapter: compatible uses having common perforrnance standards in professional services or (24) Kennels, commercial, provided all run areas shall be Des Molnes thaC they represent on-premises retail enterprises and involve personal services to the completely surrounded by an eight-foot solid wall or fence only incidental and limited fabrication or assembly of individual; provided commodities, or comprise a type of enterprise dispensing commodities, or providing professional services, or providing d) The professional service personal services to the individual. These services are does not include kennels or intended to provide local facilities to serve the everyday small animal hospitals or clinics needs of the neighborhood area. Neighborhood Business Zone (NB) YES Kennel — Permitted Use General, Educational, Health I- lndustrial/Manufacturing SeaTac The purpose of this zone is to provide convenient daily retail Services Uses *CB - Community }3usiness — additional development and some personal services for a limited service area, and to standards maintain or enhance the residential area that is served by the Kennel - Permitted Use businesses. Page 2 of'4 Allowed in City BN Comparable Zoning Districts Zones Kennels are Allowed BN Type Zone NC, Neighborhood Commercial District YES Supplemental Permitted Use Regulations: Suppiemental Permitted Use Indoor kennels, doggie day care facilities and kennels The Neighborhood Commercial designation is intended to Regulations. associated with veterinarian clinics provide a limited number of commercial goods and services to surrounding residential neighborhoods. 6. Indoor kennels, doggie day C, Community Commercial district care facilities and kennels RC, Regional Commercial district associated with veterinarian MUC, Mixed Use Center district clinics; provided, that: CMU, Corridor Mixed Use district a, There are no outside runs or areas; Spokane b. The structure(s) housing Valley animals is adequately soundproof to meet the requirements of Chapter 173- 060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-U40 has been demonstrated by the applicant, Commercial Neighborhood Zone (CN): Animal and Related Uses: 37.a. General Requirements: Subject to requirements of The purpose of the Commercial Neighborhood Zone (CN) is RMC 4-4-010, Standards for Animal Keeping Accessory to Renton to provide for small-scale convenience retaiUcommercial NO ResidentiaVCommercial Uses. Additional animals require areas offering incidental retail and service needs for the an Additional Animals Permit per RMC 4-9-1 U0. adjacent area. Uses serving a larger area may be appropriate b. L Zone — Kennels: In the 1L Zone, when operations are if they also serve the residents of the immediate area and are predominantly conducted out of doors rather than Page 3 of 4 City BN Comparable Zoning Districts Allowed in Zones Kennels are Allowed BN Type Zone compatible with the scale and character of the neighborhood. completely enclosed within an enclosed structure, an This designation is the smallest and least intensive of the administrative conditional use permit is required. City's commercial zones. c.IM Zone — Kennels: Within the area south of 1-405 and north of SW 16�' Street only indoor keru�els are permitted. RC — Resource Conservation, Administrative Conditional Use IL — Light Industrial, Permitted Use IM — Medium Industrial, Permitted Use IH — Heavy Industrial, Permitted Use K:�201 l Code Amendments�ICennels, Dog Day Care, Pet Training�Planning Commission\05181 l Packet�Exhibit C-- Other Cities.doc Page 4 of 4 BN Zoned Areas Q?st qve S& SW 330th St Q 21stAve. SW&SW CampusDrive � SW 320th St & SW 323rd St Q S 288th St & Military Rd S � 1 sf Ave S& S 348th St / SW Campus Drive Q 21�AveSW&SW356thSt � SW 320th St & 47th Ave SW � SWDash PointRd&SW3i2thSt/21 st WayS � lst Way S& S 338th St Q SW 340th St & Hoyt Road SW � S 320th St & Military Rd O SW 312th St & ist Ave S � S Dashpoint Road, West of Redondo Way S O SW 312th St & 8th Ave SW A reas with B N Zo ning � �Federal Way 0 0.5 1 Miles Map Date: Febniary 22nd. 2006 Updated May 2011 Ciry of Federal Way P.O.Box 9718 33325 8th Ave. S. Federal Way, WA. 98063 253 835 7000 www.cityoffederalway.com City of Federal Way Areas with BN Zoning 19.215.040 Schools — Day care facilities, commercial -- Animal kennels or animal care facilities. The followin uses shall be ermitted in the nei hborhood business (BN zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART Z DIRECTIONS: FIRST read down to find use ... THEN, across Y'or REGULATIONS � Minimums F y Re uired Yards ,� � o � � ZONE ,� a � �3 � � � �� BN •�. � � C N � b4 V , Q. X UsE a a a � � r� x� a 0. SPECIAL REGULATIONS AND NUTES SChOOiS SChOOIs: 7,200 SChOOIS fot 50 O[ 55 ft. 9bove De[ermined 1. Day caze facilities must contain an outdoor play area widi at least 75 sq. ft, for each child using the area at any one time. process III sq. ft. more attendees: avet'age on a case-by- This play area must be completely enclosed by a solid fence or other screen nt least six ft. in h�ight. Play equipment and Day Cat'e 50 ft. 50 ft. 50 ft. buiiding Case baslS structured play areas must be set back a[ least five ft. from each property line. faCllitleS, Da CaCO eleV2t10n fOr 2. School, u+� day eare facilities_ animal kennels. or animal cure facilities may include one acccss�ry liviug Faciliry, Y OthCl'WtSe: 3. Day care facilities and schools must comply with the reyuiremeuts of the State Depanmeut �il Suci�l aud Health Services commercial facilities, gyms if 70 f3. 20 ft. 20 ft. and/or the State Superintendetu of Public Instruction. Comme�Clal; IoCated 100 4. All activities eitainiu ro schools, such as auro-re air or otl�er uses d�at ma im act �d'acem ��u �rties, must take lece Day caze for 13 or P � P Y P' r t N• p Animal Animal more attendees: n• or more wid�in an euclosed building. kennels or kennels or from an 5, Mimal kennels and animal care facilities must be desigued so that the maeunuw permissibl� ouise Irvels tl'om outdoor 20 ft. 20 fr. 20 fr. runs anJ other o en areas cotn I with die orovisions of FWRC 7 10 O50 aud such uutdoor �r •as shali be scrceued Erom animal care animal care adjacent e P� Otherwise: �jaceut �rooerties bv 10 ft of Tvpe IIf landscaoink as detiued bv Chaater 19 l25 FWRC or ��atcr bufCer as reauired facilities facilities : residential 20 ft. 5 ft. 10 fr. therein. Process II or 'LOne � 6. If any po�tion of a struc[ure ou the subject propzrty is located less than 100 ft trom au adj��eut residential zone, dien Witll SEPA, that ponion of the structure shall not exceed 30 ft. above average building elevation and the structurr sl�all be set back a Process [II Outdoor uses for 35 ft. above minimwn of 20 ft. from the property line o£ the residential zone. anitrials. SuCh 85 average 6'l. For schools, with the exception of gyms, the height of'a s[ructure may exceed 35 fi. above aver�ge building elevation to open-air keMels, building a maximum of 40 ft., if all of the following criteria are met. runs. trainingyards, elevation for a. 1'he structure is located 100 ft. or more frotn au adjacent reside�llial wne. Of Show fBCllt[les gll Other b The additional height is necessary to accommodate the particular use conductcd in the building, and, Shall be Set baCk 20 StruCtUres c. Each required yard abutting the structure is increased five ft. for each one ft. the structme exceeds 35 ft, above average ft. from an�property building elevation; and line d. The increased height is consistent with goals and policies for the area of die subject property as established by the — See nOteS 3 6 comprehensive plan. —� 8_ � 8. For schools, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive See notes 5, 6 and P � az , -�$-1 1 8 9. No maximum lot coverage is established. L�stead, the buildable area will be determined by other site development requirements, i.e„ required buffers, parking lot landscaping, surface water facilities, etc. 9 j0. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 19 ] 1. For landscaping requirements Ihat apply to the project, see Chapter 19.125 FWRC. �]2. For sign requirements that apply to the project, see Chapter 19.140 FWRC. � 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this tide may apply to the subject property. a 3 14. Site design, including the location of pazking and passenger loading areas shall be desigued ro reduce impacts on nearby residential areas. Process I, II, III and IV are described in For other information about parking and parking azeas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Cha ter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. ti :: :;� ' � K:�2011 Code Amendments�ICennels, Dog Day Caze, Pet Training�Planning Commission\051811 Packet�Ex E Schools, Day Care, Kennels.doc ,�,�°1�� '� � , '� - .____s-..�:.�.�� Federal Way Revised Code Title 19, Zoning and Development Code Chapter 19.0�, Zoning and Development in General 19.05.010 A definitions. "Animal care facilitv" — See definition of "Animal kennel." "Animal kennel" means anv structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming trainin� of ancillarv items, and related activities. K:�201 i Code Amendmenu�Kennets, Dog Day Care, Pet Training�Planning Commission\OS l8l I Packet�EX F 0427 t 1 Definitions.dce �Lr _ � Federal Way Revised Code Title 7, Public Nuisances Chapter 7.10, Noise 7.10.050 Maximum environmental noise leveis. (1) State standard adopted. The city adopts by reference the maximum environmental noise levets established pursuant to the Noise Control Act of 1974, Chapter 70.107 RCW. See Chapter 173-60 WAC. (2) Watercraft noise performance standards. The city adopts by reference the watercraft noise performance standards established pursuant to the Noise Control Act of 1974, Chapter 70.107 RCW. See Chapter 173-70 WAC. (Ord. No. 90-43, § 2(115.95( I)), 2-27-90. Code 2001 § 22-956.) K:12011 Code AmendmenulKennels, Dog Day Care, Pet TraininglPlanning Commission\051811 Packet�Ex G Chapter 7.doc 19.220.040 Schools — Day care facilities, commercial — Animal kennels. The followin uses shall be ermitted in the communi business (BC) zone subject to the re ulations and notes set forth in this section: USE ZONE CHART z DIRECTIONS; FIRST, read down to find use ... 7'HEN, across for REGULAI'IONS � Minimums Q Re uired Yards � a ; ZONE � � BC a �' � � �_ �� ��. ; o ,� � � " �. x 7... V] U � . USE a a�' a r: �n' z x� a a SPECIAL REGULATIONS AND NOTES Schools; Process None 20 R. 0 ft. 0 ft. 55 ft. Determined on l. Building height may not exceed 30 ft. AABE when located within 100 ft, of a residential zone. business, II or Except 20 above a ease-by-case 2. Except for gyms, if approved by the director of community development services, the height oY a structure may exceed 35 ft. above vocational, wlth ft, along average basis average bui(ding elevation (AABE), to a maximum of 55 ft. AASE, if all of the following criteria ure mer. (a) The additional height is or trade SEP�1, residential building necessary to accommodate the structural, equipment, or operational needs of the use conducted in d�e builJing, and/or all ground floor schools ro ess zones elevation spaces have a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 fr.; (b) Height complies with note 1; (c) Height III (AABE) over 35 R. is set back from non-residential zones by one fr. for each one ft, of height over 35 ft.; and (d) Roof lines are designed [o Outdoor uses for Day care animals, such as for gyms if avoid a predominantly flat and featureless appearance through variations in roof height, forms, angies, and materials. facilities, located 3. For any structure, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive plan. commercial opernair kennels, 100 ft. or 4. Day care facilities must contain an outdoor play area with at least 75 sq. ft. fur each child using the area at any one time. This play runs, training more from area must be completely enclosed by a solid fence or o[her screen at least six ft. in height. P(ay equipment and structured play azeas �� yards, or show an adjacent must be set back at least five ft. from each property line. kennels or facilities, shall be residential 5. Day care facilities. animal kennels, or a+� animal care faci(ities may include accessory living Y'acilities as defined by FWRC set back 20 ft. animal caze from any property Zone 19.05.010. facilities ��� 6. Day caze facilities and schools must comply with the requirements of the State Department of Social and Health Services and/or the 35 ft. State Superintendent of Public lnstruction. See notes 2, 4, 8, above 7. All activities pertaining to schools, business or vocational schools, or trade schools, such as auto-repair or other uses that may and 1 l average impact adjacent properties, must take place within an enclosed building. building 8. Animal kennels and animal care facilities must be designed so that elevation (AABE), the maximum permissible noise levels from outdoor runs and other open areas comnly with the to 55 ft. provisions of FWRC 7.10.050. and such outdoor azeas shall be screened from adjacent properties by 10 ft. of Type III landscaping, as AABE, for defined by Chapter 19.125 FWRC, or greater buffer as required therein. all other 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, structures i.e., required buffers, parking lot landscaping, surface water facilities, etc. 10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. See notes 1 11. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC, — 3 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to thc subject property. 14. Site design, including the location of parking and passenger loading areas shall be designed to rcduce impacts on nearby residential areas. Process I, II, III and IV are described in For other inFonnation about parking and parking areas, see Chaprer 19.130 FWRC. Chapter 19,55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, For details reguding required yards, see FWRC 19.125.160 et seq. Cha ter 19.90 FWRC res ectivel . � K:�201 I Code AmendmenteUCennels, Dog Dey Care, Pet Training�Plenning Commission\0518! I Packet�Ex H BC 19-220-040 Schools, Dxy Care, Mimal Kennels.DOC 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. The followin uses shall be ermitted in the commercial enter rise CE zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums F Re uired Yazds �, � " °� ZONE a o � " r " R CE W �� � � �o� �� a � � � e = �G �,� � o � � .� � � �. USE � tx .- w v� � � s� ci � SPECIAL REGULATIONS AND NOTES Business Process II None 20 ft. See note 40 ft. Determined 1. Minimum side and rear yards shall be 20 ft. along residential zones and 10 ft. along all other zones. schoots, or wi[h l above on a case- 2. If approved by the direcror of community development services, the heigh[ of a structure m�{y exceed 40 ft. above average vocational SEPA, Outdoor use average by-case building elevation (AABE), to a ma�cimum of 55 t�. AABE, if all of the following criteria are met: (a)1'he inereased height is schools, trade Process azeas for building basis necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all schools III animals, such as elevation ground floor spaces have a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 1't.; (b) Height complies with open-air (AABE), note 3; (c) Height over 40 ft. is set back from non-residential zones by one additional ft. for eaeh one ft, of height over 40 ft.; Day care kennels, runs, to 55 ft. and (d) Roof lines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, facilities, training yards, or AABE forms, angles, and materials. commercial show facilities, 3. Building height may not exceed 30 ft. AAI3E when located within ] 00 ft. of a residential zone. shall be set back See notes 4. Any activities operated by business, vocational, or trade schools, that may impact adjacent properties, such as auto repair or Animal kennels 20 ft. from any 2 and 3 painting, must take place within an enclosed building. animal care property line 5. Day care facilities must contain an outdoor play area with at least 75 sq. ft, for each child using the area at any one time. This facilities play area must be completely enclosed by a solid fence or other approved screen at least six ft. in height, Play equipment and See notes 8 and structured play areas may not be located in a required yard. 13 6. Day care facilities must comply with all applicable state and outside agency licensing, certiiications, or other applicable requirements. 7. Day caze facilities, animal kennels. or an� animai care facilities may inc(ude accessory living facilities as detined by FWRC 19.05.010. 8, Animal kennels and animal care facilities must be designed so that ' . +., D . ; the maximum nermissible noise levels from outdoor runs a�id other open areas compiv with the provisions oY FWRC 7.10.050. and such outdoor areas shall be screened from adjacent properties by 10 ft. of Type I❑ landscaping, as defined by Chapter 19.125 FWRC, or greater buffer as required therein. 9. Site design, inciuding the (ocation of parking and passenger loading areas shall be designed ro reduce impacts on nearby residential areas. !0. No ma�cimum lo[ coverage applies. Instead, the buildable area will be determined by other site develupment regulations, i.e., required yards, landscaping, surface water facilities, etc. l 1. For regulations pertaining to outdoor use, activiry and storage, refer to FWRC 19.125.170. 12. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. l3. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 14. For sign requiremenu tha[ apply [o the project, see Chapter 19.140 FWRC. 15. For other rovisions ofthis cha ter that ma a( to the sub'ect ro e, see Cha ter 19.265 FWRC. Process I, II, III and IV are described in Chapter 19.55 FWRC For other information about pazking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq. Chapter 19.70 FWRC respectively. � K;�2011 Code Amendments�Kennels, Dog Day Caze, Pet Training�Pianning Commission\OS 1811 Packet�Ex I 19-240-] 00 Schools, Day Care, Kennels.DOC ` � C1TY OF � Federal Way DATE: May 11, 2011 TO: Merle Pfeifer, Chair Members of the Federal Way Planning Commission FxoM: Janet Shull, AICP, CSBA, LEED Green Associate SUB.TECT: Citywide Bicycle and Pedestrian Master Plan Status Report MEETING DATE: May 18, 2011 On May 18, 2011, staffwill provide you with an update on the Citywide Bicycle Pedestrian Master P(an. At your April 20'� meeting, you were briefed on the Cities Putting Prevention to Work, (CPPV� Grant work program and some of its work products, including the Twin Lakes Subarea Plan and Complete Streets policy. Another large component of the CPPW work program is the preparation of a Citywide Bicycle and Pedestrian Master Plan. The citywide bicycle and pedestrian master plan will rep(ace the current non-motorized section of the comprehensive plan transportation element. The non-motorized section of the transportation element was last updated in 1994. An advisory committee was formed to help guide the development of the bicycle and pedestrian master plan and has met three times to date. We are also gathering citizen input through an on-line survey and wilt be hosting open-house meetings in June to learn more about where Federa( Way citizens would like to bike and walk. On May 18�', staff will provide an overall summary of work to date on the bicycle and pedestrian master plan, summarize survey results to date, and discuss upcoming workshops. All Planning Commissioners are invited to participate in the ne� advisory committee meeting to be held on May 23`� at 7:00 p.m. in City Hall. We will be conducting a`hands-on workshop" style meeting where we will map out desired biking and walking routes and facility types. We will conduct similar acrivities at the community-wide meetings within a more traditional open house format_ K:\CPPW GrandPedestrian and Bic,ycle Master Plan\051811 memo.doc CITY OF FEDERAL WAY PLANNING COMMISSION May 18, 2011 City Hatl 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carison, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior P(anner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m_ APPROVAL OF MINUTES The minutes of Apri120, 201 l, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Mr. Conlen announced the next Planning Commission meeting will be June 15 which will be a public hearing on a citizen requested changes to the Office Park (OP) zone. COMMISS[ON BUSINESS PUBLIC HEARING — Proposed Amendments Related to Allowing Animal Kennels and Animal Care Facilities in the Neighborhood Business (Bl� Zone Ms. Clark delivered the staff report. This is a request from a citizen (Jon Moore) to allow animal kennels, dog day care, and pet training in the Neighborhood Business (BN) zone. The proposed amendments include regulations that are intended to mitigate any adverse impacts associated with outdoor uses for animals and noise. The proposed amendments also include a definition for animal kennel. Commissioner O'Neil asked staff to explain how the noise regulations work. Ms. Clark responded the regulations are set by the state and it is her understanding they are based on measuring from where the noise originated to where it ends. A chart is used showing acceptable dBa (decimal levels) for certain zones. The length of time the noise continues is also taken into account. At night, the dBa limitation is reduced by 10. Commissioner Bronson was able to add to the explanation. The meter measures at the receiving end of the noise. Noise is dissipated by the square root of the distance. If you are ten feet away it is one number, if you are 20 feet away it is one-fourth of that. This is done on a log scale. Dropping dBa by 10, halves the sound level. Commissioner Carlson asked if the noise regulations would pertain only to outdoor dog runs. He is concerned that some businesses that only have animals inside will still be too noisy. Commissioner Medhurst expressed concern about night time noise_ Do other jurisdictions have time (imits for outside runs? Commissioner O'Neil expressed concern over the number of animals. What about the noise if they have 50 to 60 animals? Ms. Clark responded that other jurisdictions do not have time limits. She went on to state that a11 businesses must comply with the city noise ordinance, which uses the same language as K:�Planning Commission�Z0IlUofeeting Summary OS-18-1 i.doc Planning Commission Minutes Page 2 May 18, 20l t the state's noise regulations. There are some dog kennets in other zones of the city and the city has not received any noise complaints about them. Jon Moore — He is the owner of a grooming facility. He stated that dog day-care and dog kennel are two different things. Some dog day-cares will have an outdoor component. Generally, the animals are brought in at night. The business and animal owners do not want the animals left in an uncontrolled situation. If animals are left out at night, the night-time staff will calm the animals if they act-up and make a lot of noise. His business (and none of the others he is in contact with) has not received any noise complaints. He suggested the proposed amendments separate out breeding kennels. A breeding kennel may have up to 50 dogs and many unneutered males. They are very noisy and are not suited for the BN zone. Commissioner Bronson agreed that the breeding language shouid be removed from the amendments. Chair Pfeiffer noted that the city has not received any complaints about veterinary offices and they have many animals. Commissioner Carlson moved (and it was secondec� to adopt the proposed amendments with a change to the BN zone notes that breeding kennels are prohibited. The motion passed unanimous(y. The pub(ic hearing was closed STUDY SESSION — Bicycle and Pedestrian Master Plan Ms. Shull delivered the staff presentation. The citywide Bicycle and Pedestrian Master Plan is a component of the Cities Putting Prevention to Work (CPPW) grant. The overall goals are to: • Make it easier for citizens to choose active transportation; • Replace the existing non-motorized section of the comprehensive plan; • Improve overall connectivity of neighborhoods with commercial centers and recreation areas; • Improve connectivity of Federal Way with the regional bike and trail system; and • Address areas where fewer citizens have access to cars and have fewer dollars to spend on transportation and higher rates of health issues. As stated above, the plan will replace the current non-motorized section of the Federal Way Comprehensive Plan transportation chapter. This section was last updated in 1998. An advisory committee was formed to help guide development of the plan. So far they have met three times. Their next meeting is May 23, 201 l. The Commissioners are invited to attend. Staff is also gathering citizen input from an on-line survey and open-house meetings to be held in June_ The city does have a number of biking routes, but they are disconnected. To date, the city has received approximately 50 responses to the on-line survey. The results show that those walking and biking mainly do so for exercise. Walkers and bikers are discouraged by traffic volume/noise and safety concerns, with bikers also discouraged by the (ack of bike routes and facilities. Emerging themes �nclude: improved overall network for biking and walking; integration with the regional system; supporting an active community; improved safety; and education. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 7:55 p.m. K:�Planniug Commission�ZOl l�bteeting Summary OS-18-11 dce COUNCIL MEETING DATE: September 6, 2011 CITY COUNCIL AGENDA BILL ITEM #: S C� SUBdECT: Accessory uses, seating capacity of restaurants, and convention centers in the Office Park Zone POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) related to accessory uses, maximum seating capacity for restaurants, and convention centers in the Office Park (OP) zone? Colvin�[iTTEE: Land Use/Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business MEETING DATE: July 18, 2011 � Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STaF'F REPOIt'r BY: Principal Planner Margaret H. Clark, AICP DEP7': Community and Economic Development Background: The FWRC requires the City to accept applications for code amendments on an annual basis. In September 2010, the City received a request from Roger Hazzard to amend the FWRC to increase the percentage of gross office floor that can be used for accessory warehouse use from no more than 20 percent to no more than 50 percent. This request was presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and April 5, 2011 respectively, and was selected to be part of the 2011 Planning Commission Work Program. As part of this code amendment, staff is recommending that types of accessory uses not be limited in the Office Park zone'but instead be treated consistently with the FWRC defuution of "accessory use." Staff is also proposing to remove the 50-person maximum seating capacity for restaurants and to allow convention centers as a principal use as opposed to an accessory use. Attachme�ts: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A-K; 4) Draft Minutes of the June 15, 2011, Planning Commission Public Hearing. Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's recommendation as further amended by the LUTC; 3) Do not adopt the Mayor's recommendation ._____ __ ____ ___ __ ______ __ MAYOR'S RECOMMENDAT[ON The Mayor recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. = � MAYOR APPROVAL: CO11T1C11 DIRECTOR APPROVAL: ,;� COMMITTEE RECOMMENDATION: Committee forwarded Option, 2, amending the ordinance to approve only FWRC, 19.235.020 "Entertainment — Commercial recreation, omitting the text, "with seating capacity for no more than 50 persons." Code Amendments for Accessory Uses and Convention Centers in the Office Park Zone were tabled. m Chair COUNCIL MOTION(S): 1 READING OF ORDINANCE (September Z011, Council Meeting for adoption. Member 2011): I move to forward approval of the ordinance to the September 20, Z READING OF ORDINANCE (September 20 20ll): `7 move approval of the proposed orclinance. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACTION: � ❑ APPROVED COUNCIL BILL # `,� � ❑ DENIED lsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/1 RESOLUTION # CITY OF FEDERAL WAY ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to seating capacity of restaurants in the Of�ce Park Zone; amending FWRC 19.235.020. (Amending Ordinance Nos. 90-43, 93-170, 96-270, and 97-291,) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to amend the FWRC related to maximum seating capacity for restaurants in the Office Park Zone within the City of Federal Way; and WHEREAS, removing the 50-person maximum seating capacity for restaurants should result in a more responsive environment to market conditions, and; WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on May 28, 2011, and no comments ar appeals were received and the DNS was finalized on June 27, 2011; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on June 15, 2011, and forwarded a recommendation of approval to the Land Use Transportation Committee; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on July 18, 2011, and recommended adoption of the text amendments as recommended by the Planning Commission. Ordinance No. l 1- Page I of 5 Rev I/10 LU NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole because they would delete a maximum 50-person seating capacity for restaurants in the Of�ce Park Zone, which should result in the number of seats being responsive to the market rather than being artificially capped. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan (FWCP). (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following FWCP goals ad policies: LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. Ordinance No. I 1- Page 2 of S Rev 1/10 LU EDP10 The City will work with the private sectar to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor 1oca1 and regional trends to be able to adjust plans, policies, and programs. (b)The proposed FWRC amendments should further the public welfare by removing an arbitrary limitation on seating capacity and leaving the decision on the size of individual restaurants up to the needs of the surrounding commercial development. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal � Way because they will provide flexibility in the seating capacity of restaurants, thus, encouraging economic development and reducing the vacancy rate in this zone. Ordinance No. 1!- Page 3 of 5 Rev 1/10 LU Section 3. FWRC, 19.235.020 `Bntertainment — Commercial recreation," is hereby amended to read as follows: 19.235.020 Entertainment — Commercial recreation. 'he following uses shall be permitted in the office park (OP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums p � Required Yards � � � � ZONE F o � � °� OP � .� a. � � o �, .� v� :� °' 3 N a? � � c�n w �� o � � " ��� � °� x SPECIAL REGULATIONS AND NOTES USE � r� cG a w v� u x v� rL a Restaurant Process II None 25 ft. 20 ft. 20 ft. 35 ft. above Restaurant: 1. If approved through process III, the heigilt of a structure may exceed 35 ft. above average building elevation to ""��s 35 ft. 20 ft. 20 ft. average 1 for every a maximum of 55 ft., if all of the following criteria are met: e�:�� Possible See 50 ft. 20 ft. 20 ft. building 100 sq. ft. a. The additional height is necessary to accommodate the particular use conducted in the building; and „� --����-�,n,�° ".�� process notes 3 See notes 2, 7 and 8 elevation gross floor b. The subjectproperty does not adjoin a residential zone; and �s III and 5 area c. Each required yard abutting the sU is increased one ft. for each one ft. the structw exceeds 35 ft. See notes 1 above average building elevation; and Commercial and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and recreation Determined e. The increased height is consistent with goals and policies for the area of the subject property as established facility on a case-by- by the comprehensive plan. case basis 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 fr. if landscape buffer and stormwater facilities are located in the frontyard; or 50 ft. if parking and driving areas are located in front yard. 3. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similar features are located as far as possible from any residential zone. 4. If any portion of a structure on the subjectproperty is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. 5. No maxinmm lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landseaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to tl�e subject property. Process I, II, 1[I and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.SS FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed Uiis heiglit limit, see FWRC 19.1 ] 0.050 et seq. Chapter 19.70 FWRC respectively. For details repardino required yards, see FWRC 19.125.160 et seq. Ordinance No. 11- Page 4 of 5 Rev I/10 LU Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, ar portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Corrections. The City Clerk and the codifiers of this ardinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the autharity and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 11- Page 5 of 5 Rev I/IOLU City of Federal Way PLANNING COMMISSION June 15, 2011 7:00 p.m. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES May 18, 2011 4. AUDIENCE COMMENT 5. ADMINISTRATNE REPORT 6. COMMISSION BUSINESS • PUBLIC HEARiNG Proposed Amendments Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone 7. ADDITIONAL BUSiNESS E � � �Ii� �I Commissioaers City Staff Merle Pfeifer, Chair Kope Elder. Vice-Chair Patrick Doherry, Director of Community & Economic Development Lawson Bronson Wayne Carlson Margaret Clar/� Principal Planner Tom Medhurst Sarady Long E. Tina Piety, Administrative Assistant Tim O'Neil 253-835-160/ www. city_ofTederahvay. com K.�lanning Commission�20 t 1 Wgrnda 06-I S-I l.doc CITY OF FEDERAL WAY PLANNiNG COMMISSION May 18, 2011 City Hall 7•00 p m Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carlson, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac Conlen, Principal P(anner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF M[NUTES The minutes of April 20, 201 l, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Mr. Conlen announced the next Planning Commission meeting will be June 15` which will be a public hearing on a citizen requested changes to the Office Park (OP) zone. COMMISSION BUSINESS PUBLiC HEARING — Proposed Amendments Related to Allowing Animal Kennels and Animal Care Facilities in the Neighborhood Business (Bl� Zone Ms. Clark delivered the staff report. This is a request from a citizen (Jon Moore) to allow animal kennels, dog day care, and pet training in the Neighborhood Business (BN) zone. The proposed amendments include regulations that are intended to mitigate any adverse impacts associated with outdoor uses for animals and noise. The proposed amendments also include a definition for animal kennel_ Commissioner O'Neil asked staff to explain how the noise regulations work. Ms. Clark responded the regulations are set by the state and it is her understanding they are based on measuring from where the noise originated to where it ends. A chart is used showing acceptable dBa (decimal levels) for certain zones. The length of time the noise continues is also taken into account. At night, the dBa limitation is reduced by 10. Commissioner Bronson was able to add to the explanation_ The meter measures at the receiving end of the noise. Noise is dissipated by the square root of the distance. If you are ten feet away it is one number, if you are 20 feet away it is one-fourth of that. This is done on a log scale. Dropping dBa by 10, halves the sound level. Commissioner Carlson asked if the noise regulations would pertain only to outdoor dog runs. He is concerned that some businesses that only have animals inside will still be too noisy. Commissioner Medhurst expressed concern about night time noise. Do other jurisdictions have time limits for outside runs? Commissioner O'Neil expressed concern over the number of animals. What about the noise if they have 50 to 60 animals? Ms. Clark responded that other jurisdictions do not have time limits. She went on to state that all businesses must compiy with the city noise ordinance, which uses the same language as K.�Planning Commission12011Vvieeting Summary OS-I8-1 Ldoc Planning Commission Minutes Page 2 May 18, 201 I the state's noise regulations. There are some dog kennets in other zones of the city and the city has not received any noise complaints about them. Jon Moore — He is the owner of a grooming facility. He stated that dog day-care and dog kennel are two different things. Some dog day-cares will have an outdoor component. Generally, the animats are brought in at night. The business and anima( owners do not want the animals lett in an uncontrolled situation. If animals are left out at night, the night-time staff will calm the animals if they act-up and make a(ot of noise. His business (and none of the others he is in contact with) has not received any noise comptaints. He suggested the proposed amendments separate out breeding kennels. A breeding kenne( may have up to SO dogs and many unneutered males. They are very noisy and are not suited for the BN zone. Commissioner Bronson agreed that the breeding language shou(d be removed from the amendments. Chair Pfeiffer noted that the city has not received any complaints about veterinary offices and they have many animals. Commissioner Carlson moved (and it was secondec� to adopt the proposed amendments with a change to the BN zone notes that breeding kennels are prohibited. The motion passed unanimously. The public hearing was closed STUDY SESSION — Bicycle and Pedestrian Master Plan Ms. Shull delivered the staff presentation. The citywide Bicycle and Pedestrian Master Plan is a component of the Cities Putting Prevention to Work (CPPW) grant. The overalt goals are to: • Make it easier for citizens to choose active transportation; • Replace the existing non-motorized section of the comprehensive plan; • Improve overall connectivity of neighborhoods with commercial centers and recreation areas; • Improve connectivity of Federal Way with the regional bike and trail system; and � Address areas where fewer citizens have access to cars and have fewer dollars to spend on transportation and higher rates of health issues. As stated above, the plan will replace the current non-motorized section of the Federal Way Comprehensive Plan transportation chapter. This section was last updated in 1994. An advisory committee was formed to help guide development of the plan. So far they have met three times. Their next meeting is May 23, 2011. The Commissioners are invited to attend. Staff is also gathering citizen input from an on-line survey and open-house meetings to be held in June. The city does have a number of biking routes, but they are disconnected. To date, the city has received approximately 50 responses to the on-line survey. The results show that those walking and biking mainly do so for exercise. Walkers and bikers are discouraged by traffic volume/noise and safety concerns, with bikers also discouraged by the tack of bike routes and facilities. Emerging themes include: improved overall network for biking and walking; integration with the regional system; supporting an active community; improved safety; and education. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 7:55 p.m. K1Planning Commission120llUoteeting Summary OS-l8-1 l.d« � CITY OF � Federal UVay STAFF REPORT TO THE PLANNING COMiVIISSI0�1 Amendments to Federal Way Revised Code Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone File No's: 10-104120-00-UP & 11-102056-00-SE Public Hearing of June 15, 2011 I. REASON FOR AMENDMENTS The Federal Way Revised Code (FWRC) requires the City to accept applications for code amendments on an annual basis. In September 2010, the City received a request from Roger Hazzard to amend FWRC 19.235.010 to increase the percentage of gross floor that can be used for accessory warehouse use from no more than 20 percent to no more than 50 percent. This request was presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and Apri15, 2011 respectively, and was selected to be part of the 2011 Planning Commission Work Program. Staff is also proposing changes to FWRC 19235.030 that addresses accessory warehouse uses to make the language consistent with FWRC 19.235.010. In addition, staff is proposing other amendments related to the seating capacity of restaurants (FWRC 19.235.020) and to allow convention centers as a stand alone use as opposed to an accessory use (FWRC 19.235.030). II. BACKGROUI�ID AND Ai�1ALYSIS A. Accessory Uses (i) Existing code langxiage related to accessory warehouse uses. The FWRC allows accessory warehouses in the Office Park (OP) zone (Exhibit A, FWRC 19235.010 Office/retail, and Exhibit B, FWRC 19.235.030 Limited Commercial), based on the following language: FWRC 19.235.010 — Existing code language states that Office Use may include accessory uses such as warehouse, retail sales, or service facilities, and assembly of prepared materials; which facilities and assembly areas utilize no more than 20 percent of the gross floor area (Exhibit A). FWRC 19.235.030 — Existing code language allows warehouse use only as an accessory use to the primary use on the subject property if it occupies no more than 50 percent of the combined gross floor area of all uses (Exhibit B). (ii) FWRC definition of accessory use. FWRC 19.0�.010 detlnes an accessory use as a use which is subordinate and incidental in size, scale, desi�n, or purpose to the principa( use or structure c�n th� subject property, and supports the principal use or structure without displacing or dominatin� it. EWRC 19.26�.010 further expands on this dehnition �tating that an accessory u�e is a permitted use which is clearly secondary to the permitted principal use, building, or structure, and that both the total gross floor area and footprint of the accessory use must be less than the total gross floor area and footprint of the principal use on the subject property, respectively. In addition, the director of economic and community development is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory to the particular permitted principal use, building, or structure. (iii)Rationale for proposed change. As of June 2010, the City of Federal Way had approximately 790,000 square feet of vacant office space (E�chibit C) out of a total of approximately three million square feet.� At 26 percent office vacancy, Federal Way has one of the highest office vacancy rates in the region. Mr. Hazzard, a long-time commercial real estate broker, who submitted the request for a zoning code amendment to increase the percentage of accessory warehouse in the OP zone states that he has received requests from smaller companies wishing to locate in Federal Way. These companies would like to combine their office and warehouse needs; however, they are having difficulty tinding buildings to suit their need because existing inventory of buildings within the Commercial Enterpnse (CE) zone which allows warehouses as an outright permitted use are too large to accommodate their need (Exhibit D). Calling out specific accessory uses appears to be too strict because an accessory use may change over time. For example, today a child care facility may be considered an accessory use to an office or industrial building, where this may not have been the case in the past. In addition, the existing FWRC definition of "accessory use" adequately addresses the intent. Furthermore, a recent trend in regulating land use has been a departure from the conventional zoning focus of segregating land uses towards using physical form as the organizing principle. This means that a use would be allowed in a particular zoning district if does not detract from the character of the zone and does not have any adverse impacts on adjacent uses. As a result, staff recommends allowing accessory uses based on the following conditions (proposed new language shown as underlined) Please refer to Exhibits E and F for the full text of the proposed code amendments): • The placement, orientation, desi�n and other site design and architectural features of the proposed buildin� and site plan demonstrate that this use will not detract from the principal character of the subject property as an office park_ 1 Source: officespace.com Staff Report to the Planning Commission Page 2 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone Fife #io-104120-00-UP • The exterior appearance of that portion of the buitding housing the accessor�ses will be comparable to the exterior appearance of other buildings on the subiect property. • Ttie subject property must be desi;ned su that any truck parking, loading and maneuverinb areas; areas where noise generatina outdoor uses and activities cnay occur, aud vents and similar features are located as tar as possibte fr�m any residential zone. • May not conduct any activity or use on the subject property that invo(ves the release of toxic or noxious gases, fumes or odors. B. Seating Capacity of Restaurants (i) Existing code la�zguage related to restaurants. Existing code language in FWRC 19.235.020 allows restaurants as an outright permitted use, but limits seating capacity to no more than 50 persons (Exhibit G). (ii) Research from other cities. As part of the background research, staff reviewed ordinances from the cities of Kent, Auburn, Tukwila, Burien, Des Moines, Sea-Tac, Spokane Valley, and Renton to determine if restaurants were allowed in similarly zoned OP zones (Exhibit H). Restaurants were permitted outright in Auburn, Tukwila, Des Moines, and Spokane Valley. Restaurants were permitted as an accessory use in Kent, Burien, Sea-Tac, and Renton. None of the cities limited seating capacity either for stand-atone or accessory uses. (iii)Rationczle for proposed ehc�nge. Staffrecommends removing the �0 seating capacity Limit (Exhibit [), as this appears to be an arbitrary number. C. Convention Centers (i) Existing code language related to convention center. Existing code language in FWRC 19.235.030 allows convention, conference, and trade centers associated with another permitted use in the OP zone zone if the convention use portion occupies no more than 50 percent of the combined gross floor area of the development on the subject property (Exhibit B). (ii) Research from other cities. As part of the background research, staff reviewed ordinances from the cities of Kent, Auburn, Tukwila, Burien, Des Moines, Sea-Tac, Spokane Valley, and Renton to determine if convention centers were allowed as a stand-alone use in similarly zoned OP zones (Exhibit J). Convention centers were permitted outright in Burien, Des Moines, Staff Report to the Planning Commission Page 3 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #t0-104120-00-UP Sea-Tac, and Renton and not permitted in Kent, Auburn, Tukwila, and Spokane Valley. Where permitted, the use was permitted outright and not as an accessory use. (iii) Rationale for proposed change. III. IV. V. VI. A list of outright permitted uses are sho�vn on ExhibiC K. [t seems unlikely that a convention center would be associated �vith any use in the OP zone, except the office use. Staff, therefore, recommerids allowin� con���ntion ceiiters as an outrioht permitted use and not accessory to another principat use allowed in the OP zone (Exhibit F). PROCEDURAI. SUMMARY 5/28/11 Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 6/13/ 11 End of SEPA Comment Period 6/27/11 6/15/11 End of SEPA Appeal Period Public Hearing before the Planning Commission PUBLIC COMMENTS No comments were received as of the date of this report. REASON FOR PLAIYNING COMNtISSI0�1 ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments_ DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130_ The City may amend the text of the FWRC only if it finds that: Staff Report to the Planning Commission Page 4 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-t04120-00-UP l. The proposed amendment is consistent with the applicable provisions of the comprehensive p(an. The proposed FWRC text amendments are consistent with the foliowing Fecleral Way Cnrr�prehensii•e Plcrr� (FWCP) policies and �oals: LUP3 Use desia i and perEonnance �tandards to create attractice aiid desirable commercial and office developments. LUP6 Conduct regular reviews of devetopment regulations to determine how to improve upon the permit review process. LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high quality developments. EDC6 The City wilt encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodicaily monitor local and regional trends to be able to adjust plans, policies, and programs. 2. The proposed amendment bears a substantial relationship to pubtic health, safety, or welfare. The proposed FWRC text amendments are not directly related to the public health, safety, or welfare. However, allowing more flexibility for the establishment of accessory uses in this zone would encourage businesses that may have a need to combine uses that complement or depend on each other. In addition, not specifying a maximum seating capacity for restaurants would remove an arbitrary iimitation on seating capacity and leave the decision on the size of individual restaurants up to the needs of the surrounding commercial development. Convention centers are compatible with office uses, and may be more likely to be constructed as a stand- alone facility to serve surrounding uses rather than as an accessory use. 3. The proposed amendment is in the best interest of the residents of the city. Approval of the proposed code amendments would benefit the City as a whole by providing flexibility for the establishment of accessory uses, restaurants, and convention centers in the OP zone; thus, reducing the vacancy rate for offices and encouraging economic development. Staff Report to the Planning Commission Page 5 of 7 Restaurants, Accessory Uses, and Convention Centers +n the OP Zone File #10-104t20-00-UP VIL STAFF RECOMMEI�iDATI0I�T 8ased on the above �tatf analysis and decisional criteria, staff recommends that the proposed amendments shown in Eshibits E, E, and I, and summarized as fol(ows, be recommended for approval by the Plannin� Commission. Amendments to FWRC 19.235.0t0 to allow any accessory use subject to certain site design and architectural features (Exhibit E). 2. Amendments to FWRC 1923�.030 to allow any accessory use subject to certain site design and architectural features (E�chibit F). 3. Amendments to FWRC 19.235.020 to remove seating limitations for restaurants (Elchibit I). 4. Amendments to FWRC 19.23�.030 to allow convention centers as a stand alone use (Exhibit F). VIII. PLANNI1vG CONIVIISS[ON ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend adoption of the FWRC text amendments as recommended by staff; 2. Modify the staff recommended FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. Staff Report to the Planning Commission Page 6 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone Fite #1 0-1 04 1 20-00-UP EXHIBITS E,rhihit A Use Zone Chart FWRC 19.235.010, Office/retail C_rhibit f3 Use 7one Chart FWRC l9.?;5.030, Limited commercia( Exhibit C Maps of 2011 Vacant Office Space in OP Zoned Areas Exhibit D App(icant's Explanation of Need for Code Amendment Exhibit E Exhibit F Exhibit G Ezhibit H Exhibit I Exhibit J Exhibit K Amendments to Use Zone Chart FWRC 19.235.010, Office/retail Amendments to Use Zone Chart FWRC 19.235.030, Limited commercial Use Zone Chart FWRC 19.235.020, Entertainment — Commercial recreation Restaurants Comparison Matrix Amendments to Use Zone Chart FWRC 19.235.020, Entertainment — Commercial recreation Convention Centers Comparison Matrix Outright Permitted Uses in the OP Zone K:�2011 Code AmendmentslAccessory Wazehouse in OP Zone�Planning Commission\06t51 t Packet�.Staff Report to the Planning Commission.doc Staff Report to the Planning Commission Page 7 of'7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File # 10-104120-00-UP Chapter 19.235. Office Park (OP) 19.235.010 Office/retail. The followin uses shall be ermitted in the office ark (OP) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... 1'HEN, across for REGULATIONS rn Minimums p � Re uired Yards � ZONE Q o � � Q �P r� �- v� � � � � � v � � � 3 � v � � °" � �Q.•� N c a� � o � Q,� USE a �� a 4 ° N � �� a a SPECIAL REGULATIONS AND NOTES Oftice use Process II None 25 R. 20 ft. 20 ft. 55 h. General 1. [f approved through process III, the height of a structure may exceed 55 ft. above average building elevation Possible 35 ft. 20 ft. 20 ft, above office and to a m�imum of 70 R., if all of the following criteria are met: Retail III See 50 ft. 20 ft. 20 ft. average retail: 1 for a. The additional height is necessary to accommodate the particulaz use conducted in the building; and es[ablishment note 10 See notes 2 and 12 building each 300 sq. b. The subject property does not adjoin a residential zone; and providing See notes elevation 8. gross floor c. Each required yard abutting the structure is inereased one ft. for each one ft. the structure exceeds 55 ft. banking and I and 3 azea above average building elevation; and related See notes d.1'he increased height wi11 not block views designated by the compcehensive plxn; and finaneial 1 a�td 3 Medical and e. The increased height is consistent with goals and policies for the area of the subject pruperty as services dental of'fice: established by the comprehensive plan. 1 for each 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is I S°/ glass; 35 ft. if landscape Retail sales of 225 sq. ft. of buffer and stormwater facilities aze located in the front yard; or 50 ft. if parking and �riving areas are located groceries, gross floor in the front yard. produce and area 3. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion related items of the structure shall not exceed 30 ft. above average building elevation. Mixed Uses: 4. Office use may include accessory warehouse, retail sales or service facilities and assembly of prepared See note 9 Determined materials, which facilities and assembly areas utilize no more than 20% of the gross tloor azea. on a case-by- 5. The subject property must be desigoed so that any truck parking, loading and maneuvering areas; areas Retail case basis where noise generating outdoor uses and activities may occur, and vents and similar features are located as far establishment as possible from any residential zone. providing 6. May not conduct any activity or use on the subject property that involves the release of toxic or noxious o�ce supplies, gases, fumes or odors. printing and 7. Outdoor use, activity and storage is regulated by FWRC 19.125.170. duplicating Continued Process I, II, III and IV aze described in For other infonnation about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chaptec 19.60 FWRC, For de[ails of what ma exceed this hei ht limit, see FWRC 19.110.050 et se Chapter 19.65 FWRC, For details re ardin re uired ards, see FWRC 19,125.160 et se 9 Chapter 19.70 FWRC res ectively, � g q Y 4 K:�2011 Code AmendmentsWecessory Warehouse in OP Zone\Planning Commission\06151 I Packet\19-235-010 Office, RetaiI.DOC � � �� m �rr �'4. �� (i � �� 19.235.010 Office/retail. (Continued) The followin uses shall be ermitted in the office ark (OP) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN, across for REGULATIONS cn Minimums p o Re uired Yards � ZONE � � ` � ` `� OP �0. � � o� � a �a � �, � �� � '� ; �' � � � �, � �, x USE a �� a w h a x� rx a, SPECIAL REGULATIONS AND NOTES 8. Access to and from drive-through facitities must be approved by the public works department. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting iu line a�id will not unreasonably interfere with on-site tr�c flow. 9. The city may approve these uses if they meet the following criteria: a. They are clearly secondary to and supportive of other uses on the subject property allowed in this zone; and b. By their location and configuration, they are principally oriented to the other allowed uses on the subject property and their emp(oyees and not to the general public; and a It is reasonable to anticipate that there will be a demand for these uses from the other allowed businesses on the subject property or their employees and that these uses will be principally used by these other allowed businesses or their employees. 10. No ma�cimum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, ete. 11. For community design guidelines that apply to the project, see Chapter 19.11 5 FWRC. 12. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 13. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 14. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter riiay apply to the subject property. Process I, II, III and IV aze described in For other information about arkin and arkin areas, see Cha ter 19.130 FWRC. Chapter 19.55 FWRC, P B P B P Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of wliat may exceed this height limit, see FWRC 19,110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. K:�201 l Code Amendments�Accessory Watehouse in OP ZoneU'lanning Commission\061511 Packet\19 Office, RetaiI.DOC �� � � t'fl � �� �; �i `�"1'i � � � r _ � � ���- a 19.235.030 Limited commercial. The following uses shall be permitted in the office park (OP) zone subiect to the re�ulations and notes set forth in this section: � z O �. � � C USE a Commercial or indusvial photography, cinematography or video production, broadcast studio printing plant Research development and testing facilities, including electronics technologies and dentaliabs DIRECTIONS: FIRST, read down to find use ... y xe uirea Yaras � � � b � 3 � v '� O '�U � x� ri a u`, v� c� Possible Process III See 50 ft. 20 ft. 20 note 7 See notes 2 and 9 See note 1 o� '� U x � 35 fr. above average building elevation See notes 1 and 3 icross for � a � �� C ' ;x c cC a USE ZONE CHART ZONE OP SPECIAL REGULATIONS AND NOTES 1 for every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a 500 sq. ft. ma�cimum of 55 ft., if all of the following criteria are met: gross floor a. The additional height is necessary to accommodate the particular use conducted in the building; and azea, unless b. The subject property does not adjoin a residential zone; and use a Each required yazd abutting the structure is increased one fr. for each one ft. the su ucture exceeds 35 ft. above includes average building elevation; and accessory d. The increased height will not block views designated by the comprehensive plan; and uses, then e. The increased height is consistent with goals and policies for the area of the subject property as established by determined the comprehensive plan. on a case- 2. Front yazd setback: 25 ft. if entry is visible from R.O.W. and front facade is 15°/a glass; 35 i�. if landscape buffer by-case and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in the front basis yard. 3. If any portion of a structure on the property is within 100 ft. of a residentiai zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. 4. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. (Continued) Process I, II, III and IV are described in �- For other information about parking and parking areas, see Chapter 19.130 FWRC. Chaprer 19.55 FWRC, Chapter 19.60 FWRC, For details of what ma exceed this hei ht limit, see FWRC 19.110.050 et se Chapter 19.65 FWRC, y g 4 Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. K:�2011 Code Amendments�Accessory Warehouse in OP ZoneU'lanning Commission\061511 Packet\19-235-030 Limited Commercial.doc �� ,, .�`� .. � �., �,�, � � �� I 19.235.030 Limited commercial. (Contin DIItECTIONS: FIRST, read down to find use .. � O " Q � V � .� a °: 3 � C9 �a,•� rn USE � � � a Accessory warehouse facilities See note 5 �� y � �, � a � O ` 9 � °: � � °° 5 O ' N O � � V Q. Y r� v� rx �� rx a conference, and trade centers associated with another permitted use in this zone See note 6 Process I, II, III and IV are described in Chapter ]9.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. USE ZONE CHART across for REGULATIONS ZONE OP SPECIAL REGULATIONS AND NOTES 5. The city may allow a warehouse facility under this section if it meets the following criteria: a. This use is accessory to the primary use on the subject property and occupies no more th�� 50% of the combined gross floor area of this use and the primary use. b. The placement, orientation, design and other site design and architec[ural features of the proposed building and site plan demonstrate that this use will not detract from the principal character of the subject property as an office park. c. The exterior appearance of the wazehouse facility will be comparable [o the exterior appeara�ice of other buildings on the subject property. d, The subject property is designed to accommodate the truck vaffic and other manifestations of this use. e. The subject property is designed so that truck pazking, loading and maneuvering areas; �re�s where noise generating outdoor uses and activities may occur; and vents and similar features aze located as f'ar as possible from any residential zone. 6. The city may allow a convention, conference or trade center under this section if it meets tl�e following criteria: a. This use occupies no more than 50% of the combined gross floor azea of the development on the subject property, 7. No maximum lot coverage is established. lnstead, the buildable area will be determined by other site development requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. For landscaping requirements that apply to the project, see Chapter 19.125 ['WRC. 10. For sign requirements that apply to the project, see Chapter 19.140 FWRC. I l. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject � property. 1,�, For other infonnation about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yazds, see FWRC I9.125.160 et seq. 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E'��er'green Cc+r�o� �..vritG, Fed t�'�au Centei' _ Federdl t^;a�� Cente� �: Fcdcral '��ta•y DSHc "` Fcdcr '�^,'l• P�tedi;.�;l �r:.i A . � F'raFe_sionyi �7 Federal '��';a•r t�tedi��l ��r�ter Fedet^al '���; ��,r t�le�liCal Gci7tal � � � � .... �.. �_ . � f! C I � I; rr I,tap data��2011 Google- �� ��� �;r ��: _-I Close ��,incic,�: ��. �„ _�. P � C� }� O� � r '� Map Date� June 2 1 � � ity pFFe I Wa� Federal Wa 2011 Vacant Off�ce S�a�� �� Y � (P)253-835-7000 (V� www.cityoffederalway.com c�Tr oF This map is intended for use �. Federal Way 0 0.25 0.5 as a graphical representation. � ~'� Miles The City of Federal Way makes N . no warranty as to its accuracy. ���1���" _. _ , OP ZONE AMEi�1DMENT EXPLANATION OF NEED: Market activitv and requests for space within Fedecal ��'ay� Llas sho�, n a need b�� smaLler companies, wishing to Locate to Federa( Way, the ability to combine their office ?.nd warehouse needs. Existing inventory within the CE Zone is either non existent or too large to accommodate the need. The existing OP zoning use chart and options set forth in 19.235.030 are in conflict and leave staff without the ability to encourage office/warehouse combinations for users. Sec. 19.235.030 clearly allows up to 50% of gross building area for accessory warehouse while 19.235.10, Para. 4, conflicts with Sec. 19.23�.030. On two occasions related to 33811 - 9 Avenue S., an OP office property, the relocation or use of the property by a local company failed due to staff's inability to interpret the code due to the 20% verse 50% accessory warehouse confusion. i "� ; k° ��., a , ' ' � "'* �"'� i3 . ,�. i , { i.. � � ' .. � `'�=' "� :) ?:;, JC, � _ .....� � �. �._ : ._. ;alf �1 ., _ ,`��� is�i i� 19.235.010 Office/retail. The followine uses shall be � z O � � a G9 usE a Office use Retail establishment providing banking and related financial services F e�' �� �� �e�ate�-itet�s See-ttetejl Retail establishment providing office supplies, printing and duplicating Chapter 19.235. Office Park (OP) in the office park (OP) zone subiect to the re�ulations and notes set forth in this section: down to find use . . . H Re uired Yazds � � � � .� 3 � � °.; � o-'> « � � o b aa a w � a Process II None 25 ft. 20 R. 20 ft. Possible 35 ft. 20 ft. 20 ft. III See 50 ft. 20 ft. 20 ft. note 10 Except 20 ft, along See notes residential zones for 1 � side and rear yazds See notes 2 and � ll Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chaoter 19.70 FWRC resaectivelv. w o� �� ,7 "�, � 55 ft. above average building elevation See notes 1 and 3 For details of what may exceed this height limit, see FWRC 19.110.OSU et seq, For details regarding required yards, see FWRC 19.125.160 et seq. K:�2011 Coc�e AmendmentsWecessory Wazehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-010 Off�ce, Retail.DOC USE ZONE CHART across for REGULATIONS � a �� � � •g g Y � � aa ZONE OP SPECIAL REGULATIONS AND NOTES General 1. If approved through process III, the height of a structure may exceed 55 ft. above average buildi��g elevation office and to a maximum of 70 R., if all of the following criteria are met: retail: 1 for a. The additional height is necessary to accommodate the particulaz use conducted in the building, and each 300 sq, b. The subject property does not adjoin a residential zone; and ft. gross floor c. Each required yard abutting the structure is increased one ft. for each one ft, th� structure exceeds 55 ft. area above average building elevation; and d. The increased height will not biock views designated by the comprehensive pl�in; and Medical and e. The increased height is consistent with goals and policies Y'or the area of the subject properry as dental office: established by the comprehensive plan. 1 for each 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 3� ft. if lazidscape 225 sq, ft. of buffer and stormwater facilities are locared in the front yard; or 50 ft. if parking and driving areas xre located gross tloor in the tiont yard. area 3. If any portion of a structure on the subject property is within 100 ft. of a residentiul zone, then that portion of the swcture shall not exceed 30 ft. above average building elevation. Mixed Uses: 4. ccessory ��asse+�+��y�k�e�afed Determined ° � -t��s--ur�a: uses mav be on a case-by- allowed subject to the following criteria: case basis a.'1'he placement, orientation. design and other site desipn and azchitectural featurcs oI the nroposed building and site �lan demonstrate that this use wili not detract from the princinal ch:uactrr uf thc subject �y p%pertv as an office pazk. '�d b. The exterior anaeazance of that �ortion of the buildine housing the accessorv us_cs. w_ill_be cumparable to � the exterior appeazance of other buildin�s on the suJectproperri � 5. The subject property must be designed so that any truck parking, loading and mmiruveriug areas; areas where noise generating outdoor uses and activities may occur, and vents and similar teatures ar� located as faz � as possible from any residential zone, 6. May not conduct any activity or use on the subject property that involves the releas� of tusic or noxious gases, fumes or odors. �rr.. Eor other infonnation about parking and parking areas, see Chapter 19.130 FWRC, � � � � �._ � 4 � � I� � i � �', F 19.235.010 Office/retail. (Continued) ie followin uses shall be ermitted in the office ark (QP) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS v� Minimums p o Re uired Yazds ; ZONE � U N a � � `� �' OP � � � � o� � � � � _ �7 .:: V] t v •7 ,C USE � �� ,� w � � �� a 0. SPECIAL REGULATIONS AND NOTES 7. Outdoor use, activity and storage is regulated by FWRC 19.125.170. 8. Access [o and from drive-through facilities must be approved by the public works �cpartment. Drive-through facilities must be designed so that vehicles will not block traftic in the street while waiting in line �u�d will not unreasonably interfere with on-site traffic flow. , ,�; �a - }}uw�d--ue�s �ta-t�a�sa}3jes6 c�-.itlitr �t�li+wtd�i�t 41te-s } t�� .�t#��s� ;t�lc�we� -l-& 9. No maximum lot coverage is established. Instead, the buildable area will be drtrrrnin�d by other site development requirements, i.e., required buffers, parking lot landscaping, surface wat�r facilities, etc. �-1- 10 For community design guidelines that apply to the project, see Chapter 19.1 l5 FWRC. -�2- 1 l. For landscaping requirements that apply to the project, see Chapter 19.125 FW IZC. -k3- 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC. �4: 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV are described in Chapter 19.55 FWRC, For other inFormation abou[ pazking and parking areas, see Chaprer 19.130 FWRC, Chapter 19.60 FWRC, Chapter 19,65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chap[er 19.70 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq. ��, �.d�""" �.1 � �� j� � � K:�2011 Code AmendmentsWecessory Warehouse in OP Zone�Planning Commission\061511 PacketWmended 19-235-U10 Office, RetaiI.DOC 19.235.030 Limited commercial. The followin� uses shall be aermitted in the office � z O H � � � us� a Commercial or industrial photography, cinematography or video production, broadcast studio Newspaper printing plant Research development and testing facilities, including electronics technologies and dentallabs DIRECTIONS: FIRST,_read down to find use ...' .. Minimums y Re uired Yards � O � � � 6 �" � F O � � 3 N v o '.1 ..�. Cn � � p� U Q' i O 'D � 2 r� a�' a w ri� � z v� Process II None 25 ft. 20 ft. 20 ft. 35 ft. 20 ft. 20 ft. Possible See 50 ft. 20 ft. 20 fr. Process note 'J See notes 2 and 9 II[ See note 1 zone subiect to the reeulations and notes set forth in this section: USE ZONE CHART across for REGULATIONS � 4 'O � � � C 7 � O' r� a, ZONE O 1 SPECIAL REGULATIONS AND NOTES 35 ft. above I for every 1. If approved through process III, the height of a structure may exceed 35 ft. above av�r�ge buiiding elevation to a average 500 sq. ft. maximum of 55 ft., if all of the following criteria are met: building gross floor a. The additional height is necessary to accommodate the particular use conducted iu the building; and elevation area, unless b. The subject property does not adjoin a residential zone; and use c. Each required yard abutting [he structure is increased one n. for each one ft, the structure exceeds 35 ft. above See notes I includes average building elevation; and and 3 accessory d. The increased heigh[ will not block views designated by the comprehensive plan; xi�d uses, then e. The increased height is consistent with goals and policies for the area of the subjrct prop�rty xs established by determined the comprehensive plan. on a case- 2. Front yard setback: 25 ft. if entry is visible from R.O. W. and front facade is 15% gl��ss; 35 ft. if' landscape buffer by-case and stomiwater facilities are located in Ihe fiont yard; or 50 ft. if parking and driving areas nrr located in the front basis yard. 3, lf any portion of a structure on the property is within 100 8, of a residential zone, tiirn that purtion of'the structure shall not exceed 30 ft. above average buiiding elevation. 4. May not conduct any activiry or use on the subject property that involves the releesr ��C tu�ic or noxious gases, fumes or odors. (Continued) Process I, [l, fII and IV aze described in � For other informatiou about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively For details regarding required yards, see FWRC 19.125.160 et seq. K:�2011 Code Amendments�Accessory Warehouse in OP Zone�f'lanning Commission\061511 Packet�Amended 19-235-030 Limited Commercial.doc p y i 5 � � ...L... � tµ � I �r� � '� �' � 19.235.030 Limited commercial. Continued USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... 1'HEN, across for REGULATIONS � Minimums ti Re uired Yards � � ZONE u'� U E"' O ed a � �a � � °°' �N OP � . °� " �.; � o � � °� �X USE � �� �° � � a �� rt a SPECIAL REGULATIONS AND NOTES �4$sesse�y 5. Accessory uses ma�be allowcd subject to the wafeheese following criteria. €as'tl+E+es at����ic�s-r�e rr�ere tliat+-�U°,ro�1=t�w-cet+3b}�ed See-+3ete3 �- a. The placement, orientation, design and other site design and architectural features oC the pruposed building and site plan demonstrate that this use will not detract from the principal character of the subject property as �ui office park. Convention, s b. The exterior appearance of the warehouse faciliry will be comparable to the exterior �ippearance of �ther conference, buiidings on the subject property. and trade • i.�iis-�E't�3is-tr r- centers e e. The subject property is designed so that truck parking, loading and maneuvering areu�; areas where noise essesiated-wid3 generating outdoor uses and activities may occur; and vents and similaz features aze located <�s f'ar as possible from any a�er�ef residential zone. �er�}tie�-t�se , •-tl�a-�i�ll�svittg�: ', °� ..,�- ;;�-�� . ° �E�,+, {+�s��ef{y- a-- 6. No maximum lot coverage is established. lnstead, the buildable area will be determined by oth�r site development See-Nete-C� requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc. Fi- 7. For community design guidelines that apply to the project, see Chap[er 19.115 FWRC. 9- 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. -�8 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. !-�- 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter m:�y apply w the subject property. Process I, Il, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et sey. Chapter 19.70 FWRC respectively. For details regarding required yards, see FW12C 19.125.160 et seq. � K:�201 l Code Amendmen[sWccessory Warehouse in OP Zone�Planning Commission\06] 51 l Packet�Amended 19-235-030 Limited CommerciaLdoc �. � � �� , •�� ,� I � i 19.235.020 Entertainment — Commercial recreation. The followin uses shall be ermitted in the office ark OP zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGUi.A1'IONS �, Minimums 0 ti Re uired Yards �, o � ZONE a �a „ � o� �N OP .7. .°��. 3 N o� a ;? cu C7 a.'j v' C y � �lo, � Q, � UsE � �� -°� �= � a x� r� 0. SPECIAL REGULATIONS AND NOTES Restaurant Process II None 25 ft. 20 R. 20 ft. 35 ft. above Restaurant: 1. If approved through process III, the height of a structure may exceed 35 ft. above a<�rage building elevation to with seating 35 ft. 20 ft. 20 ft. average 1 for every a maximum of 55 ft., if all of the following criteria are met�. capacity for Possible See 50 ft. 20 ft. 20 ft. building 100 sq. ft. a. The additiona► height is necessary to accommodate the particular use conducted iu the building; �uid no more than Process notes 3 See notes 2, 7 and 8 elevation gross floor b, The subject property does not adjoin a residential zone; and 50 persons III and 5 area c. Each required yard abutting the structure is increased one R. for each one fr. the s�ructure exceeds 35 ft. See notes 1 above average building elevation; and Commercial and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and recreation Determined e. The increased height is consistent with goals and policies for the area of the subjeet properry as established facility on u case-by- by the comprehensive plan. case basis 2. Front yard setback: 25 ft. if entty is visible from R.O. W. and front facade is I S% gl.iss; 3� ti. it� landscape bufter and stonnwater facilities are located in the fron[ yard; or 50 ft. if parking and driving artas are located in front yard. 3. "I'he subject property must be designed so that any truck parking, loading and mencuvering areas; arcas where noise generating outdoor uses and activities may occur; and vents and similar f'eatures :ire IucateJ es (ur as possible fiom any residential zone. 4. lf any portion of a structure on the subject property is within 100 ft. of a residential zune, tLen that portion of the strucwre shall not exceed 30 ft. above average building elevation. � 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. For communiry design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, [II and IV aze descri6ed in For other information about pazking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of wl�at may exceed this height limit, see FWRC 19,110.050 et seq. Chapter 19.70 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq. K:�2011 Code AmendmentsWccessory Warehouse in OP Zone�Planning Commission\061511 Packet\19 Entertainment, Commercial Recreation.doc i�� ✓�u � � � ?� r ������� _ _._______ RESTAURANTS COMPARISON MATRIX C[T�� � PER,�r[ss[o�v Kent Permitted as an accessory use (no drive- Office District (0) through) Auburn Residential Office (RO) & Residential Permitted outright (no drive-through) Office-Hospital District (RO-H) Tukwila Office (0) District Permitted outright Burien Permitted as an accessory use (no drive- Office Zone (0) through) Des Moines permitted outright B-P Business Park Zone Sea-Tac Office/Commercial/Mixed Use Permitted as an accessory use (no drive- (O/C/MU) through) S�okane Valley Permitted outright (drive-through allowed as Office District (0) an accessory use) Renton Permitted as an accessory use to office use Commercial Off ce (CO) (Shall not stand alone and shall not occupy more than 25 percent) K:�2011 Code AmendmentslAccessory Warehouse in OP Zone�Planning Commission106151 i PacketlRestaurant Compazison Matrix.doc 19.235.020 Entertainment — Commercial recreation. The followin uses shall be ermitted in the office ark OP) zone sub'ect to the re ulations and notes set fonh in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REUULATIONS �, Minimums � N Re uired Yards � � ZONE F � °� OP Q � a b� � � ov �� � '' 3 "' `: � '= c u s ° �° SPECIAL REGULATIONS AND NOTES � 'o, ... 'v� � � � en � Q. ae USE � � a .�-� w` �n a ,� � rx a Restaurant Process II None 25 ft, 20 ft. 20 ft. 35 ft. above Restaurant: l. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to „ "-�*�*"s 35 ft. 20 R. 20 ft. average 1 for every a maximum of 55 ft., if all of the following criteria are met: sepasiEy-€e� Possible See 50 ft. 20 ft. 20 ft. buiiding 100 sq. ft. a. The additional height is necessary to accommodate the pariicular use conducted in the building; and � Process notes 3 See notes 2, 7 and 8 elevation gross floor b. The subject property does not adjoin a residential zone; and 39-�e�sens III and 5 area c. Each required yard abutting the structure is inereased one ft. for each one ft. the structure exceeds 35 ft. See notes 1 above average building elevation; and Commercial and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and recreation Determined e. The increased height is consistent with goals and policies for the area of the subject property as established facility on a case-by- by the comprehensive plan. case basis 2. Front yard setback: 25 ft. if entry is visible from R.O. W. and front facade is 15% glass; 35 n. if landscape buffer and stormwater facilities are located in the front yard; or 50 ft, if parking and driving areas are locatcd in front yard. 3. The subject property must be designed so that any truck pazking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur, and vents and similaz features are located as far as possible from any residential zone. 4. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. 5. No maximum lot coverage is established. Instead, the buildable azea will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to ihe project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, [I, III and IV are described in For odier infonnation about parking and parking azeas, see Chapter 19.130 FWRC. Chapcer 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, fior details of' what may exceed this height limit, see FWRC 19.1 10.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. K:�2011 Code Amendments�Accessory Warehouse in OP Zone�Planning Commission\061511 PacketWmended 19-235-020 Entertainment, Commercial Recreation.doc �...� � r ,., _�.., C:A;�! _ ,.' I � � 7 ; i: � t , <-y x . ��. -'° s�..���. ; _ __ ._ _ __ — - CONVENTION CENTERS COMPARISON MATRIX C[TY PERM[SSION Kent Office District (0) Not permitted Auburn Residential Office (RO) & Residential Not permitted Office-Hospital Distf-ict (RO-H) Tukwila Not permitted Office (0) District Burien Office Zone (0) Permitted Des Moines Permitted B-P Business Park Zone Sea-Tac Office/Commercial/Mixed Use (O/C/MU) Permitted Spokane Valley Not permitted Office District (0) Renton Commercial O�ce (CO) Permitted K:�2011 Code AmendmentslAccessory Wazehouse in OP ZonelPlanning Commission1061511 Packet\Convention Centers Comparison Matrix.doc . P �,�� � �� � � OUT-RIGHT PERMITTED USES IN THE OP ZONE • Office use • Retaii establishment providing banking and related financial services • Retail establishment providing office supplies, printing and duplicating • Resta.urant with seating capacity for no more than 50 persons • Commercial recreation facility • Commercial or industrial photography, cinematography or video production, broadcast studio • Newspaper printing plant • Research development and testing facilities, including electronics technologies and dental labs • Schools, colleges, universities, or business or vocational schools • Commercial day care facilities • Hospitals, convalescent centers, nursing homes • Funeral homes and mortuaries • Government facility, public parks, and public transit shelter • Public utility • Personal wireless service facility • Church, synagogue or other place of religious worship K:�201 I Code AmendmentslAccessory Warehouse in OP Zone�Planning Commission\061511 Packet\Outright permitted uses.doc D R, CITY OF FEDERAL WAY PLANNING COMMISSION June I5, 2011 City Hall 7:00 p.m. Council Chambers MEETING MiNUTES Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carlson, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of May 18, 2011, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Mr. Conien stated the next Planning Commission meeting has not been set. COMMISSION BUSINESS PUBLIC HEARING — Proposed Amendments Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone ' Ms. Clark delivered the staff report. This is a request from a citizen (Roger Hazzard) to amend Federal Way Revised Code (FWRC) 19.235.010 to increase the percentage of gross floor that can be used for accessory warehouse use. While researching this request, staff found other items that should be addressed; hence amendments to FWRC 19.235.030 (also addressing warehouse use), FWRC 19.235.020 (addressing seating capacity of restaurants), and FWRC 19.235.030 {addressing convention centers) were added to this proposal. There was no public comment. Ms. Clark stated that Mr. Hazzard had told her he supports the staff recommendation. Commissioner O'Neil asked if there was any logic behind the 20% regulation for accessory uses. Ms. Clark replied she is unaware of the logic behind the 20% regulation. The City of Federal Way adopted the Kirkland zoning code when we incorporated and that code had the 20% regulation. The city has not received any question or complaint about the 20% regulation before this and therefore, the staff has never researched the regulation before this time. Commissioner O'Neil asked if the 20% regulation is monitored. Ms. Clark replied it is monitored when an applicant applies for a tenant improvement. K:�Planning Commission�201 IV�teaing Summary 06-15-I (.doc Planning Commission Minutes Page 2 June 15, 2011 �� Commissioner Bronson asked how many OP zones are in the city and what is the acreage_ Ms. Clark�� re lied that she does not have the acrea e with her at this time_ The West Campus area has the largest OP`� P g � zone in the city. "I�here is aiso a smaller one at 1S` and 320` another at 21 and 32Q` and another opposite the Federal Way High School. Commissioner Car(son nzoved (and it was secondec� to recommend approval of the proposed amendments to FWRC 19.235.010 and 19.253.030 to allow any accessory use subject to certain site design and architectura( features. The motion carried. Commissioner Carlson moved (and it was secondec� to recommend approval of the proposed amendment to FWRC 19.235.020 to remove seating limitations for restaurants. The motion carried. Commissioner Carison moved (and it was secondec� to recommend approval of the proposed amendment to FWRC 19.235.030 to allow convention centers as a stand alone use. The motion carried. The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 7:25 p.m. K:�Planning Commission�201 IVyleeting Summary 06-15-1 t.doc COUNCIL MEETING DATE: September 6, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: �G SUS.TEC'r: Ordinance to Vacate a Portion of SW 340"' Street POLICY QUESTION Should the Council adopt an ordinance vacating a portion of SW 340` Street to Quadrant Corporation located on the south side of SW 340`" Street, west of 13"' Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way? COMMITTEE Land Use and Transportation Committee CATEGORY: ❑ Consent � Ordinance MEETING DATE: August 1, 2011 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other g 5 �`"� DEPT Public Works S'rAFF REPOR'r BY: John Mulkey, P.E. Street Systems Pro�ect En ineer Attachments: Land Use and Transportation Committee memarandum dated August 1, 2011. Options Considered: 1. Adoption of the attached ordinance vacating a portion of SW 340` Street to Quadrant Corparation. 2. Do not adopt the ordinance vacating a portion of SW 340`'' Street to Quadrant Corporation and provide direction to staff. MAYOR'S RECOMMENDATION The Mayor recommen Option 1. � � MAYOR APPROVAL: DIRECTOR APPROVAL: c„�.,�,; rPP Cn��nci Committee Council 1 S ` Reading of Ordinance (September 6, �11): "I move to forward the ordinance to the second reading for enactment on the September 20, 2011 City Council Ordinance Agenda. " 2" Reading of Ordinance (September Z0, 2011): "I move to enact the ordinance vacating a portion of SW 340` Street to Quadrant Corporation lacated on the south side of SW 340 Street, west of 13` Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way to Quadrant Corporation. " (BELOW TO BE COMPL�'TED BY CITY CLERKS OFFICE) COUNC[L ACTION: Q ❑ APPROVED COUNCIL BILL # � �J � ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COMMITTEE RECOMMENDATION: "I move approval of Option 1 to the September 6, 2011 City Council Ordinance Agenda for ftrst Reading" ,�--�., � CITY OF FEDERAL WAY MEMORANDUM DATE: August l, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM• John Mulkey, P.E., Street Systems Project Engineer ��'�"� � ' Cary M. Roe, P.E., Directar of Parks, Public Warks, and Emergency Managemen���" � SUBJECT: Ordinance to Vacate a Portion of SW 340`�' Street BACKGROUND: On May 16, 2011 the Land Use and Transportation Committee heard Quadrant Corporation's request for the vacation of a portion of SW 340` Street to Quadrant Corporation in order increase the lot size to be able to better develop the lot, and align the lot with the planned right-of-way width. The vacation was brought to Council on July 5, 2011, at which time a public hearing was held and the Council conditionally approved the vacation. The conditions of the vacation were for Quadrant to pay the City an amount of 50% of the appraised value of the property and obtain executed easements for utilities within the area to be vacated. Quadrant has provided executed easements to the City and has paid an amount of $9,161.50, which is 50% of the value of the land based on the County Assessor's appraisal of the property. All conditions for the street vacation have been met per the Council decision on July 5, 2011. cc: Project File Day File ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to vacating a portion of Southwest 340` Street located on the south side of SW 340th Street, west of 13th Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way. WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vacation of a portion of Southwest 340 Street located on the south side of SW 340 Street, west of 13 Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way ; and WHEREAS, pursuant to Resolution 11-606, the Federal Way City Council held a public hearing at its regular meeting on July 5, 2011, to consider the petition for vacation as required by state law and Federal Way Revised Code Section 4.20; and WHEREAS, following the conclusion of the public hearing on July 5, 2011, the City Council considered the proposed vacation and its compliance with the criteria outlined in FWRC 4.20.120, and decided to grant the vacation pending satisfaction of the conditions outlined in Resolution 11- 606 and payment of compensation by the owners of the abutting property; and WHEREAS Quadrant Corparation of Washington, the project developer has satisfied the conditions outlined in Resolution 11-606 and paid the City 50% of the appraised fair market value of the right-of-way to be vacated, in the amount of Nine Thousand One Hundred Sixty-one and 50/100 Dollars ($9,161.50.00); WHEREAS Quadrant Corporation of Washington, the project developer has submitted easements to the City for all utilities crossing the area to be vacated for recording; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 11- Page 1 of 6 Rev 1/10 Section 1. Vacation. That portion of the right-of-way of South 340 Street, located on the south side of SW 340 Street, west of 13 Court SW adjacent to Lot 34 of Wynstone Plat at Federal Way as described in Exhibit "A" (legal description) and so depicted on Exhibit "B" (exhibit map) and Exhibit "C" (vicinity map) attached hereto is hereby vacated. The property lying in the portion of the right-of-way described in Exhibit "A" shall be returned to and belong to those persons entitled to receive the property in accordance with state law. Section 2. Recardation. Upon passage, approval and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Reeords and Elections. Immediately following the recording of the deed, all easements required as a condition of the vacation will be recorded for those utilities crossing the vacated areas. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter ar its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, ar portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 11- Page 2 of 6 Rev 1/10 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ardinance is hereby ratified and affirmed. Section 6. Effective Date This ordinance shall take effect and be in farce thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ►.1 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COI7NCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 11- Page 3 of 6 Rev 1/10 �.R na�-a��.�.r.0 � _. _ __._.. ����� �- Wyns�ane P�at JoD Na �91-09�Q14�OU14 ful�rtah 7, �411 ����f� � lE�GA1 dESCRIP'�Tl�N FOR Air�r caF wkv v��cx�nc� Ttirit pt�rii�n af �he nodhwest quarber vf Section 19, Township 21 Norih, Range 4 Eas� W,M, Cily of Fecieral'�Vay, Klnp Caur�bj+, U�JashingEon, befng more partleularty ds�al6ed as follp+�vs� BEGINNING at me rno�t norme�r cdmer a! Lot 34 of �w3rnshx�e Plat at Federai way^ as recarded in VOluine 45Q vf Plats� PaQas AS lhraugh 5� in�kslue, under Recordir�g Na. 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See at�aeh�aci Fxhlblt 8. 4Y�ttsn B�; CAF. �haCk,erF 8y� iJ.LA. 1'semn4enprk�ern-��belir7l iCA617101�poumenl4e�d-�ir1 rs{r►.�.� �1Mtw�.0 nrbw�+�WMI+NN IN;1�lM'JI, Ii�C.�p71i 1l7�f12���MM11h�y9t1�1 Itl1yIpN11'N��KIM1 M1MMI7hQ N.S lt111 M�II.YM f�� D11`IWI�.V. fViL �u.swm��.i ���,�ro.frwr IIM�rd.aww q!]M.Mlrnaen. uwm�inri� is/:1�fL)�//INlki� iRitI�.TM h� �71.�1�.7NI is NI.Nia1� NI Ordinance No. 11- ,,. .� .. .��ib�r r. �..�.., Page 4 of 6 Rev 1/10 �� ��� �H If31T B TO A�CC�MAPANY LEC�1L �ESCRIP�1'I�N A PaRTl4hl OF �ECTION 19, T. �1 N., R� A E„ W,IA., CITf 4F PE6ER+4L wAY KING C4UhlT'�' wASkINGTON / �� `� 'a�,�`r��"� ��� � � � '��``� �s�� `� r�.������ � P�Oi NT OF BECIMN�NG RIGtiT UF WAY— I l�0 �C YACAT�p � ESM$'�EHGR�ESN-�10@�1,191't44��01 d1�[xl ilf}ITS'�SR-U� S�ALE; 1 ���. �� ���� ��� 3 � v�trt��srar�, p�T �s7 FEG�FLN. 5H1aY R�GOAG1J�y h�� aar����oyzae JOB N4. t91-b93-�ifl-Odt# aR+ti141rvG N,VAE : SR-p2 p,�tiE ; O�Q7-20i1 W7AY�N � CJ4.P_ SHEET 1 QF 1 Ordinance No. 11- Page S of 6 Rev 1/10 E�CHIBIT C 'NIGI�IIT'�` MAP SW 34QTH ST - LOT 34 �P�e.++. �o w„ ,�. r,�...�,�.,,�„� �,�. a, �,.,�.� � � �� �� � �.� ��� �� ���. Ordinance No. I1- Page 6 of 6 Rev 1/10 COUNCIL MEETING DATE: ���z-,z`'6�1 S' ��j��pn�r �� �j�� ITEM #: �JC� _ . __ _ _ __ _ _ - �-- - � CITY OF FEDERAL WAY SUB.tECT: Truck Route Code Amendment POLICY QUESTION Should the Federal Way Revised Code (FWRC) be amended to limit the definition of local deliveries to truck trips with either an origin or destination within the city limits, or operated by firms with a corporate headquarters within the city limits? COMMITTEE Land Use and Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer ��� Attachments: Land Use and Transportation Committee memorandum dated July 18, 2011 Options Considered: 1. Approve the proposed ordinance. 2. Do not approve the proposed ordinance and provide direction to staff. __ _ _ MAYOR'S RECOMMENDATION Forward Option 1 to the August 2, 2011 City Council Ordinance Agenda for first reading. MAYOR'S APPROVAL: _����� /�_ DIRECTOR APPROVAL: G'� Commi ee Counc�l Committee Co� COMMITTEE RECOMMENDATiON Forward Option 1 to the August 2, 2011 City Council Ordinance Agenda for first reading. CITY COUNCIL AGENDA BILL � Ordinance ❑ Resolution MEETING DATE: July 18, 2011 ❑ Public Hearing ❑ Other DEPT Public Works � Kochmar, im Fr�rrell, Member ack IDovey, Member PROPOSED COUNCIL MOTION(S): l READING OF ORDINANCE (August 2 , 2011): "I move to forward the ordinance to second reading for enactment on the September 6, 2011 Ordinance agenda. " 2 READING OF ORDINANCE (September 6 , 2011): "I move approval of the ordinance to lim�t the defin�tion of local deliveries to truck trips with either an origin or destination within ciry limits, or operated by fcrms having corporate headquarters within ciry limits. " (BELOW TO BE COMPLETED BY C/TY CLERKS OFFICE) COUIYCIL ACT[ON: ❑ APPROVED COUKCIL BILL # ❑ DENIED l reading ❑ TABLED/DEEERRED/NO ACT[ON Enactment reading MOVED TO SECOND READING (ordinances onlyj ORDINANCE # E V[SED — 08/l �/2010 RESOLUT[ON # CITY OF FEDERAL WAY MEMORANDUM DATE: July 18, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public W rks, and Emergency Management Q� Rick Perez, P.E., City Traffic Engineer SUBJECT: Truck Route Code Amendment � BACKGROUND: The Law Department, in responding to a request for interpretation, has determined a need to clarify the intent of FWRC 8.40.040. Current code allows up to 10 truck trips per day for local deliveries, allowing any street in the City to be used. However, "deliveries" is defined such that it could be interpreted to include truck trips where neither origin nor destination is within the City. This language was created when the code language was last amended in 2000. The existing interpretation has made it difficult to enforce the truck route restrictions that were intended to prohibit truck trips through Federal Way without impinging on deliveries within the City. Therefore, staff proposes to clarify the intent by striking the portion of the definition of deliveries in F WRC 8.40.040(1) such that at least one end of a truck trip would have to be within city limits in order to use streets that are not designated truck routes. At the May 2, 2011 Land Use and Transportation Committee meeting, the Committee requested additional information about ordinances used by other cities in the region that restricted trucks with no trip ends within the city. Staff investigated the codes of all eleven cities over 50,000 populations in King, Pierce, and Snohomish counties_ Most of these cities either had no restrictions on truck routes or limited them in only one instance due to alignment, bridge weight limits, or pedestrian use. Seattle, Marysville, and Renton required the use of designated truck routes and the shortest route available for local deliveries from a designated truck route. Only Redmond took this further to restrict trucks to truck routes except for local deliveries to or from a destination within the city or a destination within a half mile of the city limits of the city. At the June 13, 2011 Land Use and Transportation Committee meeting, the Committee expressed interest in providing an exception for trucking businesses having corporate headquarters within the City. Upon staff review, it was determined that this would negate the need for the language excepting up to 10 trips per day for local deliveries. Therefore, the attached ordinance redefines local deliveries as those with origins or destinations within the city, or firms having corporate headquarters within the city, but otherwise would not allow any number of non-local deliveries to use roadways that are not designated truck routes. cc: Project Eile Day Fil ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to deliveries by truck; amending FWRC 8.40.040. (Amending Ordinance Nos. 00-365 and 91-103) WHEREAS, the Federal Way Revised Code ("FWRC") designates vehicle routes for vehicles rated in excess of 30,000 pounds gross weight; and WHEREAS, the FWRC contains an exception to the vehicle routes if the vehicles are making deliveries with destinations or origins in the City; and WHERAS, the Council has determined that an exception to the vehicle routes should also be made for vehicles that are operated by entities that have a corporate headquarters in the City; and WHEREAS, the Council has further determined that the removal of the 10 trip delivery threshold would facilitate the enforcement of the vehicle routes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. FWRC 8.40.040 is hereby amended to read as follows: 8.40.040 Local deliveries. (1) Vehicles rated in excess of 30,000 pounds gross weight, as defined in RCW 46.16.111, are restricted to the designated truck routes noted in FWRC 8.40.030, except a person or entity operating or employing (whether directly or by contract) such vehicles is not subject to the restriction when making'°�^ +�deliveries • , ', ' with destinations or origins within the city or when such vehicles are operated by entities that have their corporate headquarters within the city a " a '• "- " r +�, b " `�.° :+� ''°+` " "'' ''°°': "+; � _, , , (2) A person or entity operating or employing (either directly or by contract) vehicles rated in excess of 30,000 pounds gross weight, as defined by RCW 46.16.11 l, to make more than 72 deliveries per day or more than 3,000 trips within a three-month period to the same destination Ordinarrce No. 11- Page 1 of 3 Rev 1/10 shall obtain a right-of-way use permit (limited or extended, as applicable) pursuant to FWRC Title 4, Division II, and be subject to those route restrictions and designations, and other conditions or restrictions promu(gated by the public works director as conditions of that permit or as otherwise provided in this chapter. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby dec(ares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any referencesthereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5_ Effective Date. This ordinance shall take effect and be in farce thirty (30) days from and after its passage and pubiication, as provided by law. Ordinance No. I 1- Page 2 of 3 Rev 1/10 PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. I1- Page 3 o Rev 1/10